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Agenda 09/24/2013 Item #16A 9 9/24/2013 16.A.9. EXECUTIVE SUMMARY Recommendation to award the Request for Proposal (RFP) 13-6062S Annual Contract for Landscape Maintenance Vendors to multiple awardees to Category I: Landscape and Irrigation Maintenance and Category IA: Basic Landscape Services to Affordable Landscaping Service & Design, LLC; Superior Landscaping & Lawn Service Inc.; and Caribbean Lawn & Garden of SW Naples Fl Inc.; and authorizes the Chairwoman to sign standard services contracts on behalf of the Board and approve the extension of Contract 09-5239 to December 31,2013. OBJECTIVE: This is the supplemental award of Request for Proposal (RFP) 13-6062S Annual Contract for Landscape Maintenance Vendors. The RFP was extended and a vendor outreach program was initiated to attract new qualified proposers to Collier County and to ensure competitive pricing through this contract. CONSIDERATION: Operating departments require landscaping and irrigation services for basic monthly maintenance including, but not limited to: mowing, edging, weeding, trash removal, street cleaning, fertilizer and insecticide application and other routine services, and quote this work from companies on contract 0 9-5 2 3 9. This RFP was formatted similarly to the initial solicitation with the exception of an added category for mowing without irrigation systems requirements, with additional specialized functions such as tree pruning and tree maintenance, incidental replacements, staking of trees and palms and other additional services. Generally, like its predecessor contract, all projects will be quoted from all awarded firms within the category identified. On July 9, 2013 (Agenda Item 16A10), the Board approved Request for Proposal (RFP) 1 3- 6 0 6 2 Annual Contract for Landscape Maintenance Vendors and authorized the Chairwoman to sign contracts with Florida Land Maintenance, Hannula Landscaping and Irrigation, Inc., Leo Jr. Landscaping and Signature Tree Care LLC. Staff felt that additional awarded companies would improve competition, therefore a vendor outreach program was conducted on July 17, 2013 where the RFP was reviewed, samples of successful applications provided and questions discussed with interested vendors. On July 30, 2013, email notices (778) were sent by the County's Online Bidding System; 37 companies downloaded solicitation materials. On August 26, 2013, four (4) firms submitted proposals; one (1) was deemed non-responsive due to lack of documentation required. On September 6, 2013, the Selection Committee ranked the responsive firms. Through the vendor outreach program, staff determined that an additional category was needed in cases where basic landscape services without irrigation maintenance are required. The new category, Category IA was added to address this need. Since all qualified firms in category I possess the ability and licensing to perform the duties of category IA, those who qualify for category I of Landscape Contractor's and Irrigation License or Unlimited Landscape Contractor's License in Collier County are automatically qualified to bid on items in category IA where only a Landscape Contractor's Restricted License is required. There were three categories for award: Category I: Landscape and Irrigation Maintenance; Category IA: Basic Landscape and Category II: Tree Service and Arborist Tree Service. Only two categories of service are requested for award, since none of the firms submitted a proposal for Category II: Tree Service. By consensus of the Selection Committee, staff recommends the following companies for an Packet Page -1217- 9/24/2013 16.A.9. award: Category I:Landscape and Category IA: Basic Category II: Tree Irrigation Maintenance Landscape Maintenance Service Affordable Landscaping Service Affordable Landscaping Service No Firms Submitted &Design, LLC &Design, LLC Superior Landscaping&Lawn Superior Landscaping&Lawn Service Inc. Service Inc. Caribbean Lawn&Garden of SW Caribbean Lawn&Garden of SW Naples Fl Inc. Naples Fl Inc. In order to affect a smooth transition, staff recommends that the originally proposed schedule be amended to reflect the additional time needed to quote landscape maintenance work with all contracted vendors(Exhibit 1) under the following scenario: • Contracts 13-6062 and 13-6062S are active upon Board approval with a commencement date of October 1, 2013. This allows the additional vendors the ability to competitively quote on County projects and for departments to stagger quotes from October 1, 2013 through December 31, 2013 and open quoted purchase orders on January 1, 2014. • The authorization to use the current contract 09-5239 for quoted landscaping services through 12/31/2013 so that the new scope of work can be developed for 17 contracts and start the new purchase orders on January 1, 2014. • Projects are initiated as needed and the Purchase Orders will set the scope and duration of the services. FISCAL IMPACT: Funds for these services shall come from each individual department using previously identified dollars budgeted for the services under each category. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board awards Request for Proposal (RFP) 13-6062S Annual Contract for Landscape Maintenance Vendors to multiple awardees to Category I: Landscape and Irrigation Maintenance and Category IA: Basic Landscape Services to Affordable Landscaping Service & Design, LLC; Superior Landscaping & Lawn Service Inc.; and Caribbean Lawn & Garden of SW Naples Fl Inc.; and authorizes the Chairwoman to sign standard services contracts on behalf of the Board and approve the extension of Contract 09-5239 to December 31, 2013. Prepared By: Liz Soriano,Project Manager, Road Maintenance Department Attachments: 1) Final Ranking Sheet; 2) Agreement for Superior Landscaping Services; 3) Agreement for Affordable Landscaping Services; 4) Agreement for Caribbean Lawn & Garden of SW Naples; 5) Solicitation; 6)Exhibit 1 Packet Page-1218- 9/24/2013 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to award the Request for Proposal (RFP) 13-6062S Annual Contract for Landscape Maintenance Vendors to multiple awardees to Category I: Landscape and Irrigation Maintenance and Category IA: Basic Landscape Services to Affordable Landscaping Service & Design, LLC; Superior Landscaping & Lawn Service Inc.; and Caribbean Lawn & Garden of SW Naples Fl Inc.; and authorizes the Chairwoman to sign standard services contracts on behalf of the Board and approve the extension of Contract 09-5239 to December 31, 2013. Meeting Date: 9/24/2013 Prepared By Name: LulichPamela Title: Manager-Landscape Operations,Alternative Transpo 8/28/2013 4:55:00 PM Submitted by Title: Manager-Landscape Operations,Alternative Transpo Name: LulichPamela 8/28/2013 4:55:01 PM Approved By Name: HerreraGloria Title: Management/Budget Analyst,Transportation Administr Date: 9/6/2013 11:40:07 AM Name: VlietJohn Title: Director-Road Maintenance,Transportation Enginee Date: 9/9/2013 10:30:14 AM Name: ShueGene Date: 9/10/2013 11:49:18 AM Packet Page-1219- 9/24/2013 16.A.9. Name: KearnsAllison Date:9/10/2013 11:59:21 AM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 9/16/2013 3:27:34 PM Name: JohnsonScott Title: Purchasing Agent,Purchasing&General Services Date: 9/16/2013 3:36:30 PM Name: CummingsRhonda Title: Contracts Specialist,Purchasing& General Services Date: 9/17/2013 9:07:09 AM Name: LynchDiane Title: Administrative Assistant Date: 9/17/2013 9:26:29 AM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 9/17/2013 9:40:59 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/17/2013 10:38:50 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 9/17/2013 9:07:44 PM Name: KlatzkowJeff Title: County Attorney Date: 9/18/2013 8:51:57 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/18/2013 10:58:52 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/18/2013 11:48:38 AM Packet Page-1220- 9/24/2013 16.A.9. 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AGREEMENT 13-6062S for Annual Contract for Landscape Maintenance THIS AGREEMENT is made and entered into this day of , 2013, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Superior Landscaping & Lawn Service, Inc. authorized to do business in the State of Florida, whose business address is 2220 NW 23rd Avenue, Miami, Florida 33142 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on the date of Board approval, and terminating one (1) year later, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract may be renewed for three (3) additional one (1) year periods, renewable annually. 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 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 not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) additional firms to be qualified and awarded a Contract to each firm. The Contractor under this Agreement will provide complete services for Landscape Maintenance in the following specific categories: Category 1 — Landscape and Irrigation Maintenance and Category 1A — Basic Landscape on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #13- 6062S and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be performed to all the awarded firms in a specific category which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractors shall respond with the information sought within the time specified by the Project Manager. The Project Manager will award the work to the Contractor that submits the lowest responsive quote and the successful firm will receive a Purchase Order for Work including incidentals. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United Packet Page -1222- CA 9/24/2013 16.A.9. States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Superior Landscaping & Lawn Service, Inc Attn: Orlando Otero, President 5240 Zip Drive Fort Myers, Florida 33902 Phone: 305-634-0717 Fax: 305-634-0744 Superiorlandscape @bellsouth.net All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 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 Service Agreement must be in writing. 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract 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. Packet Page -1223- Cq 9/24/2013 16.A.9. 8. TERMINATION: Should the Contractor be found to have failed to perform his 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. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit 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 $2,000,000 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 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, 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. 11.1 The duty to defend under this Article 11 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 11 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. Packet Page -1224- Cq 9/24/2013 16.A.9. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner 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, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Purchase Order Modification shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Purchase Order Modifications. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Policy. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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 Owner. Packet Page-1225- CA 9/24/2013 16.A.9. 19. WARRANTY. Vendor expressly warrants that the goods, materials and/or equipment covered by this will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor shall obtain and assign to Owner 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 Owner 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, see Exhibit A hereto attached, to Owner 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 any application, installation, connections, materials, equipment, and/or anything erected 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 Owner. 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 Owner is entitled as a matter of law. 20. 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. 21. 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 Owner 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 Owner. 22. 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 Owner or Owner'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 load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally Packet Page -1226- 04( 9/24/2013 16.A.9. liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. 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 Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road and Bridge Maintenance Department. 25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP #13-6062S any addenda, etc, made or issued pursuant to this Agreement. 26. 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, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 27. 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. 28. 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. No markup shall be applied to sales tax. 29. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. 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. Packet Page-1227- CA 9/24/2013 16.A.9. 30. 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. 31. 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 contract to other governmental entities at the discretion of the successful proposer. 32. 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. 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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 34. 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. Statute. ********************************* Remainder of page intentionally left blank ******************************** Packet Page -1228- 9/24/2013 16.A.9. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Georgia A. Hiller, Esq., Chairwoman Dated: (Seal) Superior Landscaping & Lawn Service, Inc. Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to form and legality: Assistant County Attorney Packet Page -1229- Ciy 9/24/2013 16.A.9. II EXHIBIT A WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or a guaranty for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Packet Page -1230- CA 9/24/2013 16.A.9. AGREEMENTI3-6062S for Annual Contract for Landscape Maintenance THIS AGREEMENT is made and entered into this day of , 2013, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Affordable Landscaping Services and Design LLC authorized to do business in the State of Florida, whose business address is 658 Bald Eagle Drive, Marco Island Florida 34145 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on the date of Board approval, and terminating one (1) year later, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract may be renewed for three (3) additional one (1) year periods, renewable annually. 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 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 not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) additional firms to be qualified and awarded a Contract to each firm. The Contractor under this Agreement will provide complete services for Landscape Maintenance in the following specific categories: Category 1 — Landscape and Irrigation Maintenance and Category 1A — Basic Landscape on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #13- 6062S and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be performed to all the awarded firms in a specific category which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractors shall respond with the information sought within the time specified by the Project Manager. The Project Manager will award the work to the Contractor that submits the lowest responsive quote and the successful firm will receive a Purchase Order for Work including incidentals. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United Packet Page -1231- 9/24/2013 16.A.9. States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Affordable Landscaping Services and Design LLC Attn: Gladyvette Benarroch 847 Rose Court Marco Island, Florida 34145 Phone: 239-253-8507 Fax: 239-389-1468 Landscaping©alsmarco.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 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 Service Agreement must be in writing. 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract 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. Packet Page -1232- CA 9/24/2013 16.A.9. 8. TERMINATION: Should the Contractor be found to have failed to perform his 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. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit 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 $2,000,000 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 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, 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. 11.1 The duty to defend under this Article 11 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 11 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. Packet Page-1233- CA 9/24/2013 16.A.9. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner 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, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Purchase Order Modification shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Purchase Order Modifications. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Policy. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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 Owner. Packet Page -1234- CA 9/24/2013 16.A.9. 19. WARRANTY. Vendor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor shall obtain and assign to Owner 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 Owner 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, see Exhibit A hereto attached, to Owner 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 any application, installation, connections, materials, equipment, and/or anything erected 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 Owner. 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 Owner is entitled as a matter of law. 20. 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. 21. 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 Owner 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 Owner. 22. 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 Owner or Owner'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 load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally Packet Page-1235- Cq 9/24/2013 16.A.9. liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. 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 Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road and Bridge Maintenance Department. 25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP #13-6062S any addenda, etc, made or issued pursuant to this Agreement. 26. 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, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 27. 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. 28. 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. No markup shall be applied to sales tax. 29. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. 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. Packet Page-1236- CA 9/24/2013 16.A.9. 30. 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. 31. 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 contract to other governmental entities at the discretion of the successful proposer. 32. 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. 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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 34. 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. Statute. ********************************* Remainder of page intentionally left blank ******************************** Packet Page-1237- 9/24/2013 16.A.9. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Georgia A. Hiller, Esq., Chairwoman Dated: (Seal) Affordable Landscaping Services and Design LLC Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Ask Second Witness Title Type/Print Witness Name Approved as to form and legality: Assistant County Attorney Packet Page-1238- CA 9/24/2013 16.A.9. EXHIBIT A WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or a guaranty for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, at seq. DATE: CONTRACTOR BY: Attest: Packet Page -1239- 9/24/2013 16.A.9. AGREEMENT 13-6062S for Annual Contract for Landscape Maintenance THIS AGREEMENT is made and entered into this day of , 2013, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or"Owner") and Caribbean Lawn & Garden of SW Naples, FL, Inc. authorized to do business in the State of Florida, whose business address is 3307 Desoto Boulevard South, Naples Florida 34117 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on the date of Board approval, and terminating one (1) year later, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract may be renewed for three (3) additional one (1) year periods, renewable annually. 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 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 not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) additional firms to be qualified and awarded a Contract to each firm. The Contractor under this Agreement will provide complete services for Landscape Maintenance in the following specific categories: Category 1 — Landscape and Irrigation Maintenance; Category 1A — Basic Landscape on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #13-6062S and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be performed to all the awarded firms in a specific category which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractors shall respond with the information sought within the time specified by the Project Manager. The Project Manager will award the work to the Contractor that submits the lowest responsive quote and the successful firm will receive a Purchase Order for Work including incidentals. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United Packet Page-1240- C;./ 9/24/2013 16.A.9. States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Caribbean Lawn & Garden of SW Naples, FL, Inc. Attn: Maria Caraza, President 3307 Desoto Boulevard S. Naples, Florida 34117 Phone: 239-455-7278 Fax: 239-455-1645 CaribbeanLawns( earthlink.net All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 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 Service Agreement must be in writing. 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract 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. CP Packet Page-1241- 9/24/2013 16.A.9. 8. TERMINATION: Should the Contractor be found to have failed to perform his 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. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit 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 $2,000,000 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. imok Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 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, 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. 11.1 The duty to defend under this Article 11 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 11 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. CA Packet Page-1242- 9/24/2013 16.A.9. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner 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, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Purchase Order Modification shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Purchase Order Modifications. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Policy. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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 Owner. cA Packet Page-1243- 9/24/2013 16.A.9. 19. WARRANTY. Vendor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor shall obtain and assign to Owner 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 Owner 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, see Exhibit A hereto attached, to Owner 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 any application, installation, connections, materials, equipment, and/or anything erected 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 Owner. 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 Owner is entitled as a matter of law. 20. 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. 21. 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 Owner 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 Owner. 22. 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 Owner or Owner'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 load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. A C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally Packet Page-1244- CA 9/24/2013 16.A.9. liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. 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 Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner determines that a change in the Contract Documents is required because of the action n in response to an emergency, a written Order shall be issued to document the consequences of take in p g y, 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road and Bridge Maintenance Department. 25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP #13-6062S any addenda, etc, made or issued pursuant to this Agreement. 26. 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, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 27. 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. 28. 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. No markup shall be applied to sales tax. 29. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. 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. Packet Page -1245- CA 9/24/2013 16.A.9. 30. 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. 31. 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 contract to other governmental entities at the discretion of the successful proposer. 32. 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. 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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 34. 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. Statute. ********************************* ******************************** Remainder of page intentionally left blank Packet Page -1246- Ca 9/24/2013 16.A.9. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Georgia A. Hiller, Esq., Chairwoman Dated: (Seal) Caribbean Lawn & Garden of SW Naples, FL, Inc. Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to form and legality: Assistant County Attorney Packet Page-1247- Ca 9/24/2013 16.A.9. EXHIBIT A WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or a guaranty for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Packet Page-1248- CA 9/24/2013 16.A.9. REQUEST FOR PROPOSAL C.At Caparcy Administrative Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation RFP 13-6062S Annual Contract for Landscape Maintenance Vendors Brenda Brilhart, Procurement Strategist (239) 252-8446 (Telephone) (239) 252-6697(Fax) BrendaBrilhart@colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Litt. Purthasmg Department•3327 Tamiami Tral East•Naples,Florida 34112-4901•www.celiiergov.netipurchasing Packet Page-1249- 9/24/2013 16.A.9. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS 17 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 20 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP Z3 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 30 ATTACHMENT 2:VENDOR CHECK LIST 31 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 32 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 33 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 35 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION 36 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 37 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS 38 ATTACHMENT 9: REFERENCE QUESTIONNAIRE 40 EXHIBIT A—SCOPE OF SERVICES 41 ANIW RFP 13-6062S Annual Landscape Maintenance 2 Packet Page-1250- 9/24/2013 16.A.9. Co ler County Adn*nistrative services.Division Purchasing Legal Notice Sealed Proposals to provide Landscape Maintenance Services will be received until 3:00 pm, Naples local time, on August 20, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation RFP 13-6062S Annual Contract for Landscape Maintenance Vendors Services to be provided may include, but not be limited to the following: landscape and irrigation maintenance, mowing service, tree service, and pest control firms in performing on County properties, medians and right-of-ways. A non-mandatory pre-proposal conference will be held on August 13, 2013, commencing promptly at 9:00 AM, and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on July 30, 2013. ?tmnasing s r,ait 33°`iamrarri firad East Nagle; F crida 34112•v.ww cal i€rgm net rehasina RFP 13-6062S Annual Landscape Maintenance 3 Packet Page -1251- 9/24/2013 16.A.9. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Growth Management Division Road and Bridge Maintenance Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified Contractors in accordance with the terms, conditions and specifications stated or attached. The Contractor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The purpose of this RFP is to pre-qualify landscape and irrigation maintenance, mowing service, and tree service in order to ensure the quality of work being performed on County properties, medians and right-of-ways. Quotes will be required from all the awarded vendors for every project. Historically, County departments have spent approximately $2.5 million dollars annually. Awarded vendors who choose to not actively participate in the quoting process will not have their contracts renewed. Detailed Scope of Work Exhibit A of this document outlines the duties and responsibilities that may be included, however, are not limited to the resultant contractors of this RFP. The County purchases through a separate annual contract mulch, fertilizer, and all irrigation parts and components. County will provide all necessary forms for the firm to fill out and submit as required. The Contractor is responsible for coordination of the pick-up, delivery, and schedule of work. Contractor's Responsibilities and Qualifications It shall be understood and agreed that any and all services, materials, and equipment shall comply fully with all Local, State, and Federal laws and regulations. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. Resumes must be submitted of all key personnel within the firm. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: 1) Proposed replacements have substantially the same or better qualifications and/or experience. 2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. 3) The County retains final approval of proposed replacement personnel. Category 1: Landscape and Irrigation Maintenance: 1) All landscape and irrigation maintenance responsibilities include but not limited to weekly, bi- weekly, quarterly and/or monthly, or on an as needed basis services of mowing, weeding, trimming, pruning, irrigation check and repairs, trash pick-up, blowing, edging, pressure RFP 13-6062S Annual Landscape Maintenance 4 Packet Page-1252- 9/24/2013 16.A.9. cleaning, street sweeping, herbicide, pesticide, mulching, fertilization, tree pruning and incidental services. 2) Contractor must attend all meetings as required. 3) Contractor must submit all reports required as noted in this contract. These qualifications include: 1) Provide a copy of Landscape Contractor's and Irrigation License or Unlimited Landscape Contractor's License in Collier County. 2) A valid State of Florida Pesticide License (PCO) that complies with all Federal, State (Chapter 482) and local laws and regulations; Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience approved by the Project Manager; Current Contractor's Occupational License for Pest Control Service. A. If a subcontractor is specified at time of bid a signed and notarized letter must be submitted from the subcontractor acknowledging his company as the subcontractor for this contract. B. Contractor or subcontractor to provide a list of owned and/or leased equipment to include, but not limited to; date of manufacture, conditions, whether owned or leased and if leased, date of lease expiration for pest control services. C. Contractor or subcontractor to provide documentation of minimum five (5) years prior experience in the pest service industry within the South Florida (to be defined as the following Counties: Collier, Lee, Broward, Miami-Dade and West Palm Beach) roadways or equal. Such documentation shall include but not limited to: (i) Provide project description, scope of work, project area, and work specifications. (ii) Provide the time of performance, names, and telephone numbers of individual references familiar with Bidder's project performance. (iii) Include the dollar amount of contract or project. 3) Provide proof of Intermediate Maintenance of Traffic Certification. Must provide MOT certification for all subcontractors that are being used under this contract or if you will provide oversight please include specification and designations. MOT will not be allowed to be subcontracted. 4) Provide documentation of minimum five (5) years prior experience in the landscape grounds maintenance within the South Florida (to be defined as the following Counties: Collier, Lee, Broward, Miami-Dade and West Palm Beach) roadways or equal. Such documentation shall include but not limited to: i. Provide project description, scope of work, project area, and work specifications. ii. Provide the time of performance, names, and telephone numbers of individual references familiar with Bidder's project performance. iii. Include the dollar amount of contract or project. 5) Provide documentation of minimum of three (3) years experience in Operation of Motorola Irrigation Control Systems or equivalent. Equivalent is considered as Rainbird Maxicom, Hunter IMMS 2.0, Tucor, Toro Turf Decoder Controller and any other Central Controller System, must be approved by the Project Manager. Provide copies of staff irrigation certifications and 10 irrigation continuing education coursework credits through the Irrigation Association, Florida Irrigation Society, American Society of Landscape Architects or equivalent. The information will be updated on an annual basis due to personnel turnover. Documentation must include: i.A list of projects that were maintained with the Motorola Irrigation Control System or equivalent. ii.Provide project description, scope of work, project area, and work specifications. iii. Include the dollar amount of contract or project. RFP 13-6062S Annual Landscape Maintenance 5 Packet Page -1253- 9/24/2013 16.A.9. iv. Provide irrigation certifications and continuing education credits. 1) Provide documentation of an ISA certified arborist on staff that will be on-site when tree Jew pruning services are rendered. If a subcontractor is specified at time of bid a signed and notarized letter must be submitted from the subcontractor acknowledging his company as the subcontractor under this contract. 2) Daily Communication is required of the Contractor and County Staff. The Contractor shall have a singular point of contact, cellular phone, and e-mail for on-site and off-site communication in order to communicate with the landscape and irrigation Project Managers on a daily basis. 3) During the Contract Period, the Project Manager (and/or Advisory Committee if applicable) may have questions concerning maintenance issues. A. The Contractor shall be required to attend monthly meetings and other special meetings that the Project Manager should require. There shall be no additional charge for attendance at these meetings. B. If the Contractor fails to attend the monthly meetings without an excused absence an amount equal to two (2) hours of the supervision labor rate as listed on the Bid Page shall be deducted from the monthly billing of the Contractor against the Contract total. C. On a twenty-four (24) hours basis, the Contractor may be required to travel to the site immediately to meet with the Project Manager, law enforcement, or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone or emergency beeper call within one (1) hour. There shall be no additional charge for these responses. Post-storm response time shall be as soon as it is safe to go out to the job site. If given direction to do post storm clean-up, the response must be within the timeframe as set by Project Manager on pre-storm communication. Any exceptions will be through the approval of the Project Manager. If a contractor's designated point of contact does not answer an emergency call, the contractor will be written up for each missed emergency call. If the contractor does not respond to three calls, they will be deemed as non-responsive and terminated from the contract. 4) The contractor shall not engage in conversation with County staff that reflects a lack of understanding or consideration for the customers' needs. The contractor shall refrain from providing excuses for work not performed. Any problematic incidences and/or complaints (and resolutions to such matters) are to be written in a report to the County Project Manager. This report is to be delivered to the County Project Manager before 5:00 pm the next working day after the incident or complaint. 5) A current material, supplies and equipment list shall be provided. This shall be updated quarterly to insure that crews are equipped to provide Collier County with full maintenance services. A. Provide a list of supplies and equipment included in each crew truck for regular daily maintenance and another list for the on-call/emergency vehicle. B. A Material Safety Data Sheet (MSDS), in compliance with the standards set forth in the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (H.C.S.), 29 CFR 1910.1200, shall be provided for all materials being proposed to be used on County projects. The Material Safety Data Sheets shall be provided to the Purchasing age Provide a list of owned and/or leased equipment to include, but not limited to; date of manufacture, conditions, whether owned or leased and if leased, date of lease expiration. 6) Due to the nature of activities conducted by some of the Collier County Departments, the County may require background checks be performed prior to hiring of employees. All employees working in secured areas must be fingerprinted and issued a County badge prior to work. Fingerprinting shall be charged to the Contractor by the Facilities Management Department at the current State-mandated rate. 7) Reporting requirements: i. Weekly Maintenance Reports ii. Weekly Irrigation Reports iii. Weekly schedule emailed to Staff indicating which County areas will be maintained RFP 13-6062S Annual Landscape Maintenance 6 Packet Page-1254- 9/24/2013 16.A.9. iv. If project MSTU/MSTD specific, a monthly attendance at the Advisory committee meeting may be required v. Monthly pest control management meeting where the pest control license holder provides a report and recommendations for the site. Category 1A: Basic Landscape • All landscape maintenance responsibilities include but not limited to weekly, bi-weekly, quarterly and/or monthly, or on an as needed basis services of mowing, weeding, trimming, shrub pruning, trash pick-up, blowing, edging, pressure cleaning, mulching, fertilization and incidental services. • Contractor must attend all meetings as required. • Contractor must submit all reports required as noted in this contract. These qualifications include: 1) Provide a copy of Landscape Contractor's Restricted License. 2) Provide proof of Intermediate Maintenance of Traffic Certification. Must provide MOT certification for all subcontractors that are being used under this contract or if you will provide oversight please include specification and designations. 3) Provide documentation of minimum three (3) years prior experience in the landscape grounds maintenance within the South Florida (to be defined as the following Counties: Collier, Lee, Broward, Miami-Dade and West Palm Beach) roadways or equal. 4) Such documentation shall include but not limited to the following: a. Provide project description, scope of work, project area, and work specifications. b. Provide the time of performance, names, and telephone numbers of individual references familiar with Bidder's project performance. c. Include the dollar amount of contract or project. d. Provide documentation of an ISA certified arborist on staff that will be on-site when tree pruning services are rendered. If a subcontractor is specified at time of bid a signed and notarized letter must be submitted from the subcontractor acknowledging his company as the subcontractor under this contract. 5) Daily Communication is required of the Contractor and County Staff. The Contractor shall have a singular point of contact, cellular phone, and e-mail for on-site and off-site communication in order to communicate with the landscape Project Managers on a daily basis. 6) During the Contract Period, the Project Manager (and/or Advisory Committee if applicable) may have questions concerning maintenance issues. a. The Contractor shall be required to attend monthly meetings and other special meetings that the Project Manager should require. There shall be no additional charge for attendance at these meetings. b. If the Contractor fails to attend the monthly meetings without an excused absence an amount equal to two (2) hours of the supervision labor rate as listed on the Bid Page shall be deducted from the monthly billing of the Contractor against the Contract total. a. On a twenty-four (24) hours basis, the Contractor may be required to travel to the site immediately to meet with the Project Manager, law enforcement, or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone or emergency beeper call within one (1) hour. There shall be no additional charge for these responses. Post-storm response time shall be as soon as it is safe to go out to the job site. If given direction to do post storm clean-up, the response must be within the timeframe as set by Project Manager on pre-storm communication. Any exceptions will be through the approval of the Project Manager. If a contractor's designated point of contact does not answer an emergency call, the contractor will be written up for each missed emergency call. If the contractor does not respond to three calls, they will be deemed as non-responsive and terminated from the contract. RFP 13-6062S Annual Landscape Maintenance 7 Packet Page-1255- 9/24/2013 16.A.9. 11)The contractor shall not engage in conversation with County staff that reflects a lack of understanding or consideration for the customers' needs. The contractor shall refrain from providing excuses for work not performed. Any problematic incidences and/or complaints (and resolutions to such matters) are to be written in a report to the County Project Manager. This report is to be delivered to the County Project Manager before 5:00 pm the next working day after the incident or complaint. 12)A current material, supplies and equipment list shall be provided. This shall be updated quarterly to insure that crews are equipped to provide Collier County with full maintenance services. a. Provide a list of supplies and equipment included in each crew truck for regular daily maintenance and another list for the on-call/emergency vehicle. b. Provide a list of owned and/or leased equipment to include, but not limited to; date of manufacture, conditions, whether owned or leased and if leased, date of lease expiration. 13)Due to the nature of activities conducted by some of the Collier County Departments, the County may require background checks be performed prior to hiring of employees. All employees working in secured areas must be fingerprinted and issued a County badge prior to work. Fingerprinting shall be charged to the Contractor by the Facilities Management Department at the current State-mandated rate. 14) Reporting requirements: (i) Weekly Maintenance Reports (ii) Weekly Irrigation Reports (iii) Weekly schedule emailed to Staff indicating which County areas will be maintained (iv) If project MSTU/MSTD specific, a monthly attendance at the Advisory committee meeting may be required (v) Monthly pest control management meeting where the pest control service provides a report and recommendations for the site. NOTE: Category 1A — has been added to this solicitation (13-6062S) as a new option. Any vendor awarded Category 1 in the initial solicitation (13-6062) is qualified to participate in any projects quoted in addition to all awarded vendors under 13-6062S for this category. Any vendor awarded Category 1 under either 13-6062 and 13-6062S is eligible to quote projects under Category 1A. Category 2: Tree Service and Arborist Tree Services • The tree service responsibilities include but not limited to structural pruning, reduction pruning, storm clean-up, root pruning, air spade services, chain saw services, consulting, and may include inventory collection and management services. • Palm services include but not limited to drenching, injection, and treatment of palm diseases and treating nutritional deficiencies, pruning, and relocation and planting of material utilizing a large crane. • Contractor must attend all meetings as required. • Contractor must submit all reports as noted in this contract. Scope of this work shall include but not limited to: structural tree pruning, root pruning, and tree and palm treatments. 1) Maintenance of Traffic Certification Qualification, sub-contractor will be allowed. Contractor shall provide the name, proof certification of the firm's employee qualifying the firm as to RFP 13-6062S Annual Landscape Maintenance 8 Packet Page-1256- 9/24/2013 16.A.9. meeting the Collier County's Maintenance of Traffic policy requirements and list of projects for references. 2) If a subcontractor is specified at time of bid a signed and notarized letter must be submitted from the subcontractor acknowledging his company as the subcontractor for this contract. 3) If awarded multiple or large projects, the County may require the primary contractor's field supervisors to obtain Maintenance of Traffic Qualifications. 4) Provide a list of owned and/or leased equipment to include, but not limited to; date of manufacture, conditions, whether owned or leased and if leased, date of lease expiration 5) Provide documentation of minimum five (5) years prior experience in the tree service industry within the South Florida (to be defined as the following Counties: Collier, Lee, Broward, Miami-Dade and West Palm Beach) roadways or equal. 1) Such documentation shall include but not limited to: (a)Provide project description, scope of work, project area, and work specifications. (a) Provide the time of performance, names, and telephone numbers of individual references familiar with Bidder's project performance. (b) Include the dollar amount of contract or project. • Provide documentation of an ISA certified arborist on staff. • Provide a copy of Landscape Contractor's or Unlimited Landscape Contractor's License in Collier County. • During the Contract Period, the Project Manager (and/or Advisory Committee if applicable) may have questions concerning maintenance issues. i. The Contractor shall be required to attend monthly meetings and other special meetings that the Project Manager should require. There shall be no additional charge for attendance at these meetings. ii. If the Contractor fails to attend the monthly meetings without an excused absence an amount equal to two (2) hours of the supervision labor rate as listed on the Bid Page shall be deducted from the monthly billing of the Contractor against the Contract total. iii. On a twenty-four (24) hours basis, the Contractor may be required to travel to the site immediately to meet with the Project Manager, law enforcement, or emergency personnel to resolve an emergency. iv. The Contractor shall respond to a telephone or emergency beeper call within one (1) hour. 1. There shall be no additional charge for these responses. 2. Post-storm response time shall be as soon as it is safe to go out to the job site. If given direction to do post storm clean-up, the response must be within the timeframe as set by Project Manager on pre-storm communication. 3. Any exceptions will be through the approval of the Project Manager. 4. If a contractor's designated point of contact does not answer an emergency call, the contractor will be written up for each missed emergency call. If the contractor does not respond to three calls, they will be deemed as non-responsive and terminated from the contract. b) Arbor services must be 75% of company's overall business. c) The certified arborist must perform the arborist work and/or direct the cuts to be made to the tree. d) The contractor shall not engage in conversation with County staff that reflects a lack of understanding or consideration for the customers' needs. The contractor shall refrain from providing excuses for work not performed. a. Any problematic incidences and/or complaints (and resolutions to such matters) are to be written in a report to the County's Project Manager. b. This report is to be delivered to the County's Project Manager before 5:00 p.m. the next working day after the incident or complaint. e) Due to the nature of activities conducted by some of the Collier County Departments, the County may require all background checks be performed prior to hiring of employees. RFP 13-6062S Annual Landscape Maintenance 9 Packet Page-1257- 9/24/2013 16.A.9. a) All employees working in secured areas must be fingerprinted and issued a County badge prior to work. b) Fingerprinting shall be charged to the Contractor by the Facilities Management Department at the current State-mandated rate. f) Reporting requirements a. Arborist Evaluation and/or maintenance report Term of Contract The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one (1) year annual renewals. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 7/30/13 Ask Last Date for Receipt of Written Questions 5: 00 PM 8/13/13 Pre-solicitation meeting 9:00 AM 8/13/13 Solicitation Deadline Date and Time 3:00 PM 8/20/13 Anticipated Evaluation of Submittals Week of 8/26/13 Anticipated Board of County Commissioner's Contract Approval 9/24/13 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for Ameow proposal submission is strongly encouraged. RFP 13-6062S Annual Landscape Maintenance 10 Packet Page -1258- 9/24/2013 16.A.9. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. All proposals must not exceed 50 pages in total. Tab I, Project Understanding: Category 1: Landscape and Irrigation Maintenance The projects to be bid on include but are not limited to: mowing of roadway and parking lot medians or areas and side of the roadway, weed control, irrigation maintenance and repairs, shrub and tree trimming and/or pruning, trash pickup, paver and hardscape maintenance, blowing and edging of curbs and sidewalks, herbicide and pesticide applications, traffic control, fertilization and mulch application, and refurbishment or plant replacement projects. The projects to be bid on include but are not limited to; scouting for pest problems, evaluating and recommending a pest management program, ability to recommend and apply insecticide, fungicide, herbicide and fertilizer, spray records must be provide for each application, copy of label or MSDS sheet may be required, follow-up evaluations and treatments. Each contract will be unique to meet the requirements that each site needs and will be tailored to that specific site to include quantities and man hours. All services shall be provided by the awarded firm, Maintenance of Traffic (MOT) sub- contractors are not allowed under this category. These contracts will require weekly inspections on all plants, shrubs, trees and grass areas for insect infestations, irrigation coverage, weed control or any additional work that may be associated with the landscape and irrigation maintenance in order to keep all plant material alive and healthy. Each contract will be unique to meet the requirements that each site needs and will be tailored to that specific site to include quantities and man hours. All services shall be provided by the awarded firm, no sub-contractors are allowed to perform any services under this proposal. Category 1A: Basic Landscape The projects to be bid on include but are not limited to: mowing parking lot medians or areas, weed control, shrub and shrub trimming and/or pruning, trash pickup, paver and hardscape maintenance, blowing and edging of curbs and sidewalks traffic control, mulch application, and refurbishment or plant replacement projects. The projects to be bid on include but are not limited to; scouting for pest problems, evaluating and recommending a pest management program, ability to recommend and apply insecticide, fungicide, herbicide and fertilizer, spray records must be provide for each application, copy of label or MSDS sheet may be required, follow-up evaluations and treatments. Each contract will be unique to meet the requirements that each site needs and will be tailored to that specific site to include quantities and man hours. All services shall be provided by the awarded firm, Maintenance of Traffic (MOT) sub- contractors are allowed under this category. These contracts will require weekly inspections on all plants, shrubs, trees and grass areas for insect infestations, weed control or any additional work that may be associated with the landscape and irrigation maintenance in order to keep all plant material alive and healthy. Each contract will be unique to meet the requirements that each site needs and will be tailored to that specific site to include quantities and man hours. All services shall be provided by the awarded firm, no sub-contractors are allowed to perform any services under this proposal. RFP 13-6062S Annual Landscape Maintenance 11 Packet Page-1259- 9/24/2013 16.A.9. Category 2: Tree Service The projects to be bid on include but are not limited to; tree evaluations, canopy pruning, root pruning, air spade services, cable and bracing, disease and pest management, palm care, planting and transplanting services, tree and/or stump removal. Each contract will be unique to meet the requirements that each site needs and will be tailored to that specific site to include quantities and man hours. All services shall be provided by the awarded firm, Maintenance of Traffic (MOT) sub- contractors are allowed under this category. Categories 1, 1A and 2: Awarded firms shall maintain a positive approach and be proactive in problem solving, and work together with County Staff to create positive solutions to project issues. The firm will be expected to make regular site visits and to be aware of all issues and concerns and to communicate these issues and concerns in a timely manner to County staff to reach a solution. Communication can be via phone and/or e-mail. Tab II, Company's Credentials: (For all Categories Maximum 25 Points) Proposers shall provide, in detail, their credentials for providing landscape and irrigation maintenance installation and any additional information which documents successful and reliable experience in past performance, especially those performances related to the requirements of this Request for Proposal. Resumes of key personnel that show longevity and track record of how their staff has made the company successful through hard work, dedication, training and growth. Accomplishments, safety programs, and quality programs must be included. The following licenses, certification and documentation listed below must be included. Copies of any additional relevant licenses shall be included in the proposal as well. Asok A. Collier County Landscape Contractor's and Irrigation License or Unlimited Landscape Contractor's License in Collier County. (All Categories, no points but must be submitted) B. A complete Safety Program, shall be provided with this proposal. This shall be kept updated throughout the term of the contract. All changes/updates shall be reported to the Project Manager each week. The safety program shall include but not limited to quantity and topics of safety meetings per year, number of employees qualified under maintenance of Traffic, number of external safety classes and topics attended by field personnel of a yearly basis. Examples of Maintenance of Traffic plans used to maintain roadways or busy residential and commercial properties. (Applies to all Categories, 5 pts.) C. A complete Quality Control Program shall be provided with this proposal. This shall be kept updated throughout the term of the contract. All changes/updates shall be reported to the Project Manager each week. Program shall include but not limited to: selection and planting of replacement or new plant material, thorough and concise record keeping; adequate employee training for their level and/or position in order to ensure ability to perform contractual obligations and a sample of an Integrated Pest Control program that is utilized by your company. (Applies to all Categories, 10 pts.) D.Include a description of the proposer's business history and number of years in operation. Related project experience shall be restricted to those assignments undertaken within the last five (5) years. (Applies to all Categories, 10 pts.) Tab Ill, Staff Credentials: (Category 1, 1A, 25 pts max.) (Category 2, 10 pts max.) The proposer shall include the name, title, address, telephone number, number of years with the company and e-mail address of all key personnel to include the crew leader and/or on-site supervisor RFP 13-6062S Annual Landscape Maintenance 12 Packet Page -1260- 9/24/2013 16.A.9. level whom will both be managing and assigned to perform services under the proposal. A signed one-page resume, including references, detailing educational qualifications and previous work assignments related to this Request for Proposal for each person who will perform the services required shall be included. Failure to do so may be cause for rejection of the proposal. Credentials will be subject to verification. In the event there should be a change in the person(s) names assigned to perform the services under this contract, the contractor shall submit, for approval to the County, the credentials and resumes of the person(s) the contractor wishes to perform the services under the contract. An organization chart shall be included and updates must be submitted to County as changes occur. A). Maintenance of Traffic Certification Qualification, must have at least five (5) years experience in setting up MOT. Contractor shall provide the name, IRS W-4 form and proof certification of the firm's employee qualifying the firm as to meeting the Collier County's Maintenance of Traffic policy requirements. The employees' social security information should be blacked out or deleted from form. (Category 1) (5 pts) B). Provide proof of Intermediate Maintenance of Traffic Certification. Must provide MOT certification for all subcontractors that are being used under this contract or if you will provide oversight please include specification and designations. (Category 1A, 20 pts) C). Maintenance of Traffic Certification Qualification, must have at least five (5) years experience in setting up MOT. Contractor shall provide the name, IRS W-4 form and proof certification of the firm's employee qualifying the firm as to meeting the Collier County's Maintenance of Traffic policy requirements. The employees' social security information should be blacked out or deleted from form. (Category 1) (5 pts) D). Maintenance of Traffic Certification Qualification, sub-contractor will be allowed and must possess five (5) years experience in setting up MOT. Contractor shall provide the name, proof certification of the firm's employee qualifying the firm as to meeting the Collier County's Maintenance of Traffic policy requirements and list of projects for references. If awarded multiple or large projects the County may require primary contractor field supervisors to obtain Maintenance of Traffic Qualification. (Categories 2, 1A) (5 pts) E). Provide documentation of minimum of three (3) years experience in Operation of Motorola Irrigation Control Systems or equivalent. Documentation must include list of projects that were maintained with the Motorola Irrigation Control System or equivalent and must also include contract or project responsibilities and scope of work. Equivalent is considered as Rainbird Maxicom, Hunter IMMS 2.0, Tucor, Toro Turf Decoder Controller and any other Central Controller System, must be approved by the Project Manager. Since these system are not as complex as the Motorola Central Controller System we are requiring that the awardee send their irrigation staff to a Certified Motorola Contractor class within the first three months of starting the contract and another hands on class on-site within the next following three months for a total of two classes within the first six month period. Documentation must include detailed information of what the responsibility of the irrigation crew with the Motorola controller or equivalent. (ie. Program, check zones with valves in field or at controller, etc. (Category 1) (5 pts.) F).Valid State of Florida Certified Pest Control Operator (CPO) Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations to be able to spray all landscape material and for all pesticides needed and current Contractor's Occupational License for Pest Control Service. (Categories 1) (5 pts.) G). Certificate of the International Society of Arboriculture (ISA) certified arborist on staff. (Categories 1, 10 pts) (Category 2, 5 pts) RFP 13-6062S Annual Landscape Maintenance 13 Packet Page -1261- 9/24/2013 16.A.9. Tab IV, Project Management Abilities: (Category 1, Category 1A max. 25 pts), (Category 2, 40 pts.) Afett Proposer should submit their approach to schedule management, the monitoring of workloads and budget, consistency with County expectations for timely maintenance functions. Budgeting requirements should include accurate estimating, proper invoicing and time management. Documentation shall be included to show proposer's current and projected workload, and available labor resources. Chart of personnel, what programs are used to manage workload. Describe the process on how your company manages and problem solving situations. Category 1: Landscape and Irrigation Maintenance (Category 1, max. 25 pts) A. Your firm has been hired to install a large palm and irrigation bubblers in a busy County facility as a contractor you are responsible for irrigation taps, controller reprogramming, palm and irrigation installation and maintenance of traffic. Describe in detail your approach (steps, materials needed and procedures) to the project and interaction with Collier County. (5 pts) B. In your weekly project evaluations/review you encounter a large bed of trees, shrubs and/or groundcover that is showing varying degrees of decline to the point of die back in some plants. Describe what actions you will take and in what order to correct this situation, with a timeline. (Refer to your org-chart and contract specifications to answer this question) (5pts.) C. In your weekly irrigation check your irrigation finds a significantly large irrigation blow out which has caved in including plants and valve boxes. Describe what actions you will take and in what order to correct the situation. (5 pts.) D. A major windstorm blows over many of the trees and palms on a section of a project; you are called to respond to the site. Describe your method of evaluating trees and palms and detail the steps that you will take to correct this situation. (5pts.) E. There is a large established oak in a plant bed of shrubs and groundcover, the tree was serviced (structural pruning) by your arborist, the plant bed was recently treated for both fungus and insects by your spraying crew you're your company is responsible for the weekly maintenance, including irrigation and weed control. The tree suddenly shocks; losses its leaves and shows signs of tip die back. What do you do as the landscape maintenance company under contract for this area? (5 pts.) Category 1A: Landscape and Irrigation Maintenance (Category 1A, max. 25 pts) A.You are responsible for mowing the medians on a roadway; describe how you would safely work this operation. (10 pts.) B.You have been called out to a site in which one of the responsibilities is edging, you go out to the site and there are weeds and runners overgrown into the concrete surface, describe how you would accomplish an edge at this first visit. (10 pts.) C.You are awarded a mowing contract which contains a 3:1 slope, what equipment would you use to mow the slope? What precautionary measures would you take, if any? (5 pts) Category 2: Tree Service (Category 2, 40 pts.) A. List continuing education classes that all staff attends and the ones that the arborist(s) on staff attends. List methodology and approach for structural and root pruning. (10 pts.) B. When you arrive at a project you encounter a large number of trees, are showing varying degrees of decline to the point of die back. Describe what actions you will take and in what order to correct this situation. (10 pts.) C. If a tree work project takes 40 hours to complete, provide an estimate of how many hours your arborist will spend on-site. How much of the actual work will the arborist perform and how much will the technicians or climbers perform (answer in hours and percentages) (10 pts.) RFP 13-6062S Annual Landscape Maintenance 14 Packet Page -1262- 9/24/2013 16.A.9. D.You are called to put together a structural pruning plan for oaks that are 10 years old in the median of a roadway. These trees must have a 16' clearance and ANSI standards are to be followed. Describe your approach, keep into consideration that regardless the trees must meet the specifications otherwise untrained personnel from other entities will trim. (10 pts.) The County reserves the right to contact any and all references to obtain, with limitation, ratings (on a scale of 1-10, with 1 being very dissatisfied and ten exceeding your every expectation) for the following performance indicators include: A. How satisfied were you with the firm's weekly and monthly overall maintenance performance? B. What specifically did you like about their approach? C. What do you believe were shortcomings or that they could have done better? D. Did they meet your schedule requirements? E. Did they meet your budget requirements? F. How were their communications?Were you always kept in the loop? G. How responsive were they in addressing problems with the project? H. How was the quality/experience/personality of their personnel? (Specifically the project manager?) I. Would you use this firm again? J. Additional comments K. In an emergency situation (i.e. Hurricane) how did this firm respond?Was the response timely, within 24 hours after the event? Tab V, Equipment: (Maximum 5 Points, for Category 1 and 1A, max 5 Points for Category 2) Include list of all equipment by type, year of manufacture and quantity. Provide a list of owned and/or leased equipment to include, but not limited to; date of manufacture, conditions, whether owned or leased and if leased, date of lease expiration, must also include all Maintenance of Traffic equipment, arrow board is a must. Tab VI , References: (Maximum 10 Points, All Categories) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to a "whole" number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. RFP 13-6062S Annual Landscape Maintenance 15 Packet Page -1263- 9/24/2013 16.A.9. Vendor Total Reference Vendor Name Points Awarded Score Vendor ABC 445 10 Vendor DEF 425 9 Vendor GHI 388 8 Vendor JKL 365 8 Note:Sample chart reflects a 20 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Tab VIII, Required Form Submittals , • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire • Other: Required Qualification Documents, Licenses, Certificates, etc. RFP 13-6062S Annual Landscape Maintenance 16 Packet Page-1264- 9/24/2013 16.A.9. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as"mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 PM, Naples local time, on or before April 25, 2013 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist RFP 13-6062S Annual Landscape Maintenance 17 Packet Page -1265- 9/24/2013 16.A.9. The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Purchasing/General Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and five (5) disks (CD's/DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of mss, all subsequent meetings. RFP 13-6062S Annual Landscape Maintenance 18 Packet Page-1266- 9/24/2013 16.A.9. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. TAB Description Cat. #1 Cat. #1A Cat. #2 Tab II, Company's Credentials 25 25 25 Tab III, Staff Credentials 25 25 10 Tab IV, Project Mgmt. Abilities 25 25 40 Tab V, Equipment 5 5 5 Tab VI, References 10 10 10 Local Business Preference 10 10 10 Total Points: 100 100 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. RFP 13-6062S Annual Landscape Maintenance 19 Packet Page-1267- 9/24/2013 16.A.9. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer b) No charges will be paid by the COUNTY for This offer is subject to cancellation by the packing, crating or cartage unless otherwise COUNTY without notice if not accepted by specifically stated in this Purchase Order. VENDOR within fourteen (14) days of issuance. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments 2. Acceptance and Confirmation made prior to delivery. Unless freight and This Purchase Order (including all documents other charges are itemized, any discount will attached to or referenced therein) constitutes be taken on the full amount of invoice. the entire agreement between the parties, unless c) All shipments of goods scheduled on the otherwise specifically noted by the COUNTY on same day via the same route must be the face of this Purchase Order. Each delivery of consolidated. Each shipping container must goods and/or services received by the COUNTY be consecutively numbered and marked to from VENDOR shall be deemed to be upon the show this Purchase Order number. The terms and conditions contained in this Purchase container and Purchase Order numbers must Order. be indicated on bill of lading. Packing slips must show Purchase Order number and must No additional terms may be added and Purchase be included on each package of less than Order may not be changed except by written container load (LCL) shipments and/or with instrument executed by the COUNTY. VENDOR each car load of equipment. The COUNTY is deemed to be on notice that the COUNTY reserves the right to refuse or return any objects to any additional or different terms and shipment or equipment at VENDOR'S conditions contained in any acknowledgment, expense that is not marked with Purchase invoice or other communication from VENDOR, Order numbers. VENDOR agrees to declare notwithstanding the COUNTY'S acceptance or to the carrier the value of any shipment made payment for any delivery of goods and/or under this Purchase Order and the full invoice services, or any similar act by VENDOR. value of such shipment. d) All invoices must contain the Purchase Order 3. Inspection number and any other specific information as All goods and/or services delivered hereunder identified on the Purchase Order. Discounts shall be received subject to the COUNTY'S of prompt payment will be computed from the inspection and approval and payment therefore date of receipt of goods or from date of shall not constitute acceptance. All payments are receipt of invoices, whichever is later. subject to adjustment for shortage or rejection. Payment will be made upon receipt of a All defective or nonconforming goods will be proper invoice and in compliance with returned pursuant to VENDOR'S instruction at Chapter 218, Fla. Stats., otherwise known as VENDOR'S expense. the "Local Government Prompt Payment Act," and, pursuant to the Board of County To the extent that a purchase order requires a Commissioners Purchasing Policy. series of performances by VENDOR, the COUNTY prospectively reserves the right to 5. Time Is Of the Essence cancel the entire remainder of the Purchase Time for delivery of goods or performance of Order if goods and/or services provided early in services under this Purchase Order is of the the term of the Purchase Order are essence. Failure of VENDOR to meet delivery non-conforming or otherwise rejected by the schedules or deliver within a reasonable time, as COUNTY. interpreted by the COUNTY in its sole judgment, 4. Shipping and Invoices shall entitle the COUNTY to seek all remedies a) All goods are FOB destination and must be available to it at law or in equity. VENDOR suitably packed and prepared to secure the agrees to reimburse the COUNTY for any lowest transportation rates and to comply with expenses incurred in enforcing its rights. all carrier regulations. Risk of loss of any VENDOR further agrees that undiscovered goods sold hereunder shall transfer to the delivery of nonconforming goods and/or services COUNTY at the time and place of delivery; is not a waiver of the COUNTY'S right to insist provided that risk of loss prior to actual receipt upon further compliance with all specifications. oitiok of the goods by the COUNTY nonetheless remain with VENDOR. 6. Changes RFP 13-6062S Annual Landscape Maintenance 20 Packet Page -1268- 9/24/2013 16.A.9. The COUNTY may at any time and by written performance of their duties or otherwise), or notice make changes to drawings and damage to property (including property of the specifications, shipping instructions, quantities COUNTY or other persons), which arise out of or and delivery schedules within the general scope are incident to the goods and/or services to be of this Purchase Order. Should any such change provided hereunder. increase or decrease the cost of, or the time required for performance of the Purchase Order, 11. Warranty of Non-Infringement an equitable adjustment in the price and/or VENDOR represents and warrants that all goods delivery schedule will be negotiated by the sold or services performed under this Purchase COUNTY and VENDOR. Notwithstanding the Order are: a) in compliance with applicable laws; foregoing, VENDOR has an affirmative obligation b) do not infringe any patent, trademark, copyright to give notice if the changes will decrease costs. or trade secret; and c) do not constitute unfair Any claims for adjustment by VENDOR must be competition. made within thirty (30) days from the date the change is ordered or within such additional period VENDOR shall indemnify and hold harmless the of time as may be agreed upon by the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7. Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity in performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable laws, 12. Insurance Requirements including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal Transportation commercial insurance of such type and with such Act and the Fair Labor Standards Act, as well as terms and limits as may be reasonably associated any law or regulation noted on the face of the with the Purchase Order. Providing and Purchase Order. maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance 9. Advertising policies shall be executed through insurers No VENDOR providing goods and services to the authorized or eligible to write policies in the State COUNTY shall advertise the fact that it has of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities VENDOR shall indemnify and hold harmless the Act and all prohibitions against discrimination on COUNTY from any and all claims, including the basis of race, religion, sex creed, national claims of negligence, costs and expenses, origin, handicap, marital status, or veterans' including but not limited to attorneys' fees, arising status. Further, VENDOR acknowledges and from, caused by or related to the injury or death of without exception or stipulation shall be fully any person (including but not limited to responsible for complying with the provisions of employees and agents of VENDOR in the the Immigration Reform and Control Act of 1986 RFP 13-6062S Annual Landscape Maintenance 21 Packet Page -1269- 9/24/2013 16.A.9. as located at 8 U.S.C. 1324, et seq. and be terminated immediately by the COUNTY for regulations relating thereto, as either may be breach by VENDOR of the terms and conditions amended. Failure by the awarded firm(s) to of this Purchase Order, provided that COUNTY comply with the laws referenced herein shall has provided VENDOR with notice of such breach constitute a breach of the award agreement and and VENDOR has failed to cure within 10 days of the County shall have the discretion to unilaterally receipt of such notice. terminate said agreement immediately. Any breach of this provision may be regarded by the 19. General COUNTY as a material and substantial breach of a) This Purchase Order shall be governed by the the contract arising from this Purchase Order. laws of the State of Florida. The venue for any action brought to specifically enforce any 14. Force Majeure of the terms and conditions of this Purchase Neither the COUNTY nor VENDOR shall be Order shall be the Twentieth Judicial Circuit in responsible for any delay or failure in and for Collier County, Florida performance resulting from any cause beyond b) Failure of the COUNTY to act immediately in their control, including, but without limitation to response to a breach of this Purchase Order war, strikes, civil disturbances and acts of nature. by VENDOR shall not constitute a waiver of When VENDOR has knowledge of any actual or breach. Waiver of the COUNTY by any potential force majeure or other conditions which default by VENDOR hereunder shall not be will delay or threatens to delay timely deemed a waiver of any subsequent default performance of this Purchase Order, VENDOR by VENDOR. shall immediately give notice thereof, including all c) All notices under this Purchase Order shall be relevant information with respects to what steps sent to the respective addresses on the face VENDOR is taking to complete delivery of the page by certified mail, return receipt goods and/or services to the COUNTY. requested, by overnight courier service, or by personal delivery and will be deemed 15. Assignment effective upon receipt. Postage, delivery and VENDOR may not assign this Purchase Order, other charges shall be paid by the sender. A nor any money due or to become due without the party may change its address for notice by prior written consent of the COUNTY. Any written notice complying with the assignment made without such consent shall be requirements of this section. deemed void. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with 16. Taxes this Purchase Order in accordance with Goods and services procured subject to this Florida Statute Chapter 112.061, Per Diem Purchase Order are exempt from Florida sales and Travel Expenses for Public Officers, and use tax on real property, transient rental employees and authorized persons. property rented, tangible personal purchased or e) In the event of any conflict between or among rented, or services purchased (Florida Statutes, the terms of any Contract Documents related Chapter 212), and from federal excise tax. to this Purchase Order, the terms of the Contract Documents shall take precedence 17. Annual Appropriations over the terms of the Purchase Order. To the The COUNTY'S performance and obligation to extent any terms and /or conditions of this pay under this Purchase Order shall be Purchase Order duplicate or overlap the contingent upon an annual appropriation of funds. Terms and Conditions of the Contract Documents, the provisions of the Terms 18. Termination and/or Conditions that are most favorable to This Purchase Order may be terminated at any the County and/or provide the greatest time by the COUNTY upon 30 days prior written protection to the County shall govern. notice to the VENDOR. This Purchase Order may RFP 13-6062S Annual Landscape Maintenance 22 Packet Page -1270- 9/24/2013 16.A.9. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. RFP 13-6062S Annual Landscape Maintenance 23 Packet Page -1271- 9/24/2013 16.A.9. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Amok Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. RFP 13-6062S Annual Landscape Maintenance 24 Packet Page -1272- 9/24/2013 16.A.9. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk c(�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub RFP 13-6062S Annual Landscape Maintenance 25 Packet Page -1273- 9/24/2013 16.A.9. vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier Alma County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately 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. RFP 13-6062S Annual Landscape Maintenance 26 Packet Page-1274- 9/24/2013 16.A.9. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 15. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 16. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 13-6062S will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 17. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. RFP 13-6062S Annual Landscape Maintenance 27 Packet Page -1275- 9/24/2013 16.A.9. 18. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 19. Security and Background Checks If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing 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. 20. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 21. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 22. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: """ • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners RFP 13-6062S Annual Landscape Maintenance 28 Packet Page-1276- 9/24/2013 16.A.9. Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 23. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. RFP 13-6062S Annual Landscape Maintenance 29 Packet Page -1277- 9/24/2013 16.A.9. iter C_ounty Administrative Services Division Purchasing Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation RFP 13-6062S Annual Contract for Landscape Maintenance Vendors for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date Aobta RFP 13-6062S Annual Landscape Maintenance 30 Packet Page 4278- 9/24/2013 16.A.9. Cotter County Administrative Services Division Purchasing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation RFP 13-6062S -Annual Contract for Landscape Maintenance Vendors and due date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP 13-6062S Annual Landscape Maintenance 31 Packet Page-1279- 9/24/2013 16.A.9. Ca ier County Administrative Services Division Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires RFP 13-6062S Annual Landscape Maintenance 32 Packet Page-1280- 9/24/2013 16.A.9. Cher Copy Adn1nistrative Services Division Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: RFP 13-6062S -Annual Contract for Landscape Maintenance Vendors Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: RFP 13-6062S - Annual Contract for Landscape Maintenance Vendors. (Proposal Continued on Next Page) RFP 13-6062S Annual Landscape Maintenance 33 Packet Page -1281- 9/24/2013 16.A.9. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 ontotk in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR# or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: oak Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email RFP 13-6062S Annual Landscape Maintenance 34 Packet Page-1282- 9/24/2013 16.A.9. Coen County Administrative Services Division Purchasing Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: RFP 13-6062S-Annual Contract for Landscape Maintenance Vendors (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business" under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) RFP 13-6062S Annual Landscape Maintenance 35 Packet Page-1283- 9/24/2013 16.A.9. Cofer County Administrative Services Division , Purchasing Attachment 6: Immigration Affidavit Certification Solicitation: RFP 13-6062S -Annual Contract for Landscape Maintenance Vendors This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP 13-6062S Annual Landscape Maintenance 36 Packet Page-1284- 9/24/2013 16.A.9. Coffer Gounty Administrative Services Division Purchasing Attachment 7:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual/Sole Proprietor _Corporation _Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D =Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number RFP 13-6062S Annual Landscape Maintenance 37 Packet Page-1285- 9/24/2013 16.A.9. Co ier County Administrative Services Division Purchasing Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $2,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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. 4. ❑Automobile Liability $ 2,000.000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in the aggregate Packet Page-1286- 9/24/2013 16.A.9. • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number RFP 13-6062S Annual Landscape Maintenance 39 Packet Page-1287- 9/24/2013 16.A.9. County Administrative Services Division Purchasing Attachment 9: Reference Questionnaire Solicitation: RFP 13-6062S -Annual Contract for Landscape Maintenance Vendors Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: Project Number of Days: Change Orders- Dollars Added : Change Orders- Days Added: Item Citeria Score 1 Ability to manage the project costs(minimize change orders to scope). 2 Ability to maintain project schedule(complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Ability to verbally communicate and document information clearly and succinctly. 7 Abiltity to manage risks and unexpected project circumstances. 8 Ability to follow County policies, procedures, rules, regulations, etc. 9 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By RFP 13-6062S Annual Landscape Maintenance 40 Packet Page-1288- 9/24/2013 16.A.9. EXHIBIT A—SCOPE OF SERVICES As a result of Collier County's substantial investment in landscaping, it is the County's intent to pre-qualify firms that are capable, experienced and responsive contractors for landscape and irrigation maintenance services in accordance with this RFP denoted in terms and conditions of this solicitation Firms, through their proposals, past performance and current status, as well as their capability, integrity and reliability to fully and in good faith perform the requirements of Collier County Contracts will be graded and ranked. Proposals that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials will be rejected. Firms, through their proposals must provide convincing, verifiable, clear and concise documentation acceptable to Collier County, that they are qualified to, and capable of providing the landscape and irrigation maintenance services required by the County. Firms must provide adequate documentation that they have the knowledge, equipment, staff, and required licenses/certifications, to provide these services in an efficient and professional manner. Also, all Proposers must demonstrate that they have provided these services on projects that are comparable in size and complexity to County's projects. Awarded firms will be eligible to quote on Collier County landscape maintenance projects as needed. These projects include, but not limited to Road Maintenance, Facilities, Utilities and other County Departments. The work covered by contracts issued under this proposal requires regular servicing of landscaped and irrigated areas designated as described in each contract specification. This requires the furnishing of all labor, equipment, materials and services necessary to satisfactorily perform grounds and irrigation maintenance, as determined by the Project Manager or the designated Owner's Representative as specified in the scope. 1) If the project's regular services require more than one (1) day per week, then the regular services shall be performed on consecutive days. 2) The project must be maintained on a weekly schedule. The services must always be rendered on the 7th day or one full week, after the last service. For services that are bi-weekly, they must be serviced on the 14th day or two full weeks, after the last service. 3) The contractor shall and verify the project limits, acreage, and/or Square feet when quoting a project. If there are discrepancies the contractor is to submit questions in writing to the Project Manager to be discussed and evaluated prior to the closing date of the quote. Category 1 & 1A: Maintenance Specifications MOWING AND EDGING Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidewalks of adjacent properties that are not currently maintained by the property owners. 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 pole). Swale areas must be kept under control throughout the entire year. Prior to mowing, all trash, palm fronds, horticultural and non-horticultural debris shall be removed prior to mowing the grass. This includes all types of grass: St. Augustine, Bahia, and any other type of grass or weed within the right of way. 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 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 the County. Grass shall be cut at a height no less than three and one half inches (3 %"). The approximate frequency of cutting will be weekly or fifty-two (52) times for St. Augustine grass and twenty-six (26) times for Bahia grass. The number of mowing RFP 13-6062S Annual Landscape Maintenance 41 Packet Page-1289- 9/24/2013 16.A.9. services may be modified by the Project Manager or by seasonal weather conditions at the Project Manager's discretion. The height of the grass blade shall not exceed six (6) inches in height. 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. 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. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. Swales and dry retention areas must be mowed and/or weed trimmed. No herbicide shall be used for edging. A full singular mowing service shall include: trash removal, mowing, and edging of the entire project. TRASH REMOVAL With each service, all site areas shall be cleaned by removing all trash or debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-ups shall be performed prior to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Contract Bid Price. STREET CLEANING All sidewalks, curbing and/or gutters including a four foot (4') area from the face of the gutters, curb including turn lanes, medians and sidewalk areas shall be cleaned after each service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. Blowing shall be directed toward the existing landscape median or grass and not to roadways, paved areas or traffic. 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 will be performed weekly or as necessary to provide a weed free and well maintained area. Blue tracker shall be required when spraying round-up. GENERAL SITE PRUNING For this site, general site pruning shall be defined as the pruning of any plant's foliage below a ten foot (10') height. All 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 Project Manager or the Owner's Representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. All groundcovers and shrubs shall be maintained at the required height as specified by the Project Manager may be to a maximum of 36", with the exceptions of sight windows when the height needs to be maintained at a maximum of 18"-24". All groundcovers and shrubs are to be pruned to a height of 18" by October 1 of each year prior to possible cooler temperatures, and/or to ensure blooming plants at the proper elevation during the heavy traffic season. RFP 13-6062S Annual Landscape Maintenance 42 Packet Page -1290- 9/24/2013 16.A.9. 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. For example, all shrubs within the turnlane are to be maintained to 24". 1) All bougainvilleas and green island ficus are to be maintained to 24" throughout the year. 2) All crown of thorns are to be maintained to a height of 24" and pruned in May of each year or as directed by Project Manager. 3) 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 Project Manager or Owner's Representative. All old leaf growth and dead flowering growth is to be removed on the Blueberry Flax, Agapanthus, and all other similar plants. Plant material with a canopy over pathways or sidewalks shall be maintained at a minimum height of one hundred twenty inches (120") / or ten (10) feet. Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one foot (1') of clearance from the edge of the pathway. It is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. A one foot (1') mulched area from edge of the curb shall be maintained in the median planting beds, as a pathway for maintenance workers, this will also keep all plant material from encroaching into the roadways. CANOPY TREE AND PALM PRUNING (1A Category n/a) Canopy Trees shall be defined as any large shrub, tree or palm with foliage above a ten foot (10') height. All canopy trees and palms shall be pruned on a regular schedule to create and maintain a fifteen- foot (15') canopy clearance over the roadways and a ten-foot (10') canopy clearance over all pathways. Canopy trees shall be selectively pruned once per year in April or September to thin the interior canopy of cross branching and to shape the canopy of the trees. A professional certified Arborist shall do the pruning and shaping and shall be approved by the Project Manager. The work shall be done in a professional manner in accordance with ANSI 300, Part 1, 2, & 3. Pruning Standards. The arborist must be on-site to supervise pruning at all times. Any damaged materials or any incorrect pruning shall result in replacement of that material at the expense of the Contractor. The portion of the canopy that falls below the ten (10') foot level falls under the "General Site Pruning" portion of the contract and shall be kept properly pruned. Palms shall be pruned annually (once) during the month of May of each year at the discretion of the Project Manager. The palms shall only have the dead lower fronds removed and shall also include removal of all nuts, seed stalks, brown or dead and lower fronds removed from the palm. The nuts and seed stalks shall be removed from all palms; including self cleaning palms. Fronds shall be cut close to the petiole base without damaging living trunk tissue. Any formed or forming seed pods shall also be removed. If for any reason more that the dead fronds need to be removed, prior approval must be obtained by the Project Manager and then the palms shall be pruned to a "Tropical Cut" or to remove lower fronds at a nine (9) o'clock - three (3) o'clock level from the base of the palm's bud or trunk (or below the horizontal line of a 9 and 3 o'clock). All palms are the responsibility of the contractor. The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left in a clean and neat manner. Under story plantings under palms and trees being pruned shall be protected. Any damaged materials shall be replaced by and at the expense of the Contractor. When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed pursuant to the County M.O.T. Policy. RFP 13-6062S Annual Landscape Maintenance 43 Packet Page -1291- 9/24/2013 16.A.9. TRASH REMOVAL With each service, all site areas shall be cleaned by removing all trash or debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-ups shall be performed prior to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Contract Bid Price. TRAFFIC CONTROL/LANE CLOSURES The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (MOT) Policy, copies of which are available through the Risk Management or Purchasing Department. The Contractor shall obtain and review and obtain the County MOT policy requirements prior to submitting a bid. Upon approval of a MOT Plan and proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic. • The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. • To assist in employee visibility; approved bright day-glow red/orange colored safety vests (Class 3) shall be worn by employees when servicing the area. • A directional lighted and flashing arrow board will be required under this Contract that meets the traffic control requirements. LANE CLOSURE Lane closure for median maintenance shall be limited. Upon proper placement of lane closed signs, pre- warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project Manager. There will be no lane closures permitted during season (between Thanksgiving and Easter). The lane closure shall be indicated on the Weekly Maintenance Work Schedule, which is provided to the Project Manager. The contractor shall contact County Public Information Specialist the Wednesday before lane closures are planned for Collier County's public road alert notification. A Road Alert form must be submitted (form provide by County). LANDSCAPE MAINTENANCE SERVICES The Contractor agrees by submittal of its bid that the listed services Unit Costs under this Contract shall also be made available to the County on a temporary basis as landscape maintenance services. The contracted services within these specifications and contract may be required to be temporally performed at another project site located within Collier County. ORNAMENTAL AND TURF SPRAYING Overall Ornamental & Turf Spraying of plants, shrubs and grassed areas within Areas is included in the Contract. It is required that the Pest Control Firm performing these services shall possess and provide the following to the Project Manager: 1) Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. 2) Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience approved by the Project Manager. 3) Current Contractor's Occupational License for Pest Control Service. The Pest Control Firm shall provide an overall written pest and spray program that shall incorporate ant and rodent control and shall meet or exceed the following minimum standards: 1) Describe procedures, methods and techniques that will enhance the environment. Amok 2) Provide the maximum protection for the health, safety and welfare of the public and environment. 3) List of all chemicals to be used. RFP 13-6062S Annual Landscape Maintenance 44 Packet Page-1292- 9/24/2013 16.A.9. 4) The Pest Control licensee shall make on-site inspections and provide written reports to the Project Manager weekly or as needed. On a monthly basis the pest control licensee must meet with Project Manger to review lntergrated Pest Control program and inspect sites as needed. At the end of each month a new calendar must be submit to the Project Manager as a mock schedule of what may be needed the following month. 5) All applications shall be billed on a monthly basis, not per application. This should be reflected in the monthly pricing in the bid tab. This price must include chemical and labor. Rodent and Ant control is also part of this line item. 6) When reviewing all plant material Including trees and palms, the contractor must recommend the best course of action to remove any detrimental pest from the landscape or eliminate fungus. 7) Methods of Application: A) 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. B) Herbicides used in turf areas shall be applied at the proper pressure. C) Turf herbicides shall not be applied when the daily temperature exceeds eighty-five (85) degrees. D) Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying of Groundcovers, Shrubs, Trees, Palms, and Turf Areas when recommended by the label. E) Spray applications shall be applied during times of"No-Wind" conditions. F) 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. G) 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. H) All spray applications shall contain a wetting agent within the mix when recommended by the label or Project Manager. I) 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 Project Manager. 8) Rate of Application: All chemicals shall be applied at the rates recommended on the manufacture's labels. 9) 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 Project Manager for review and approval. All chemicals used shall be approved for use by the Environmental Protection Agency for its intended use and area of use. 10) Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the site inspection reports. 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 Project Manager. a. Turf Areas: Insecticides & Fungicides - Applications on an as needed basis, with prior approval by the Project Manager. Herbicides —Applications on an as needed basis with prior approval by the Project Manager on an as needed basis, to include: Pre-emergent in February and September ii. Post-emergent in November, January, and March b. Groundcovers, Shrubs and Trees: Insecticides & Fungicides - Applications on an as needed basis, with prior approval by the Project Manager. RFP 13-6062S Annual Landscape Maintenance 45 Packet Page -1293- 9/24/2013 16.A.9. c. Bed Areas: Herbicides—Applications on an as needed basis, with prior approval by the Project Manager. Pre-emergent in February and September ii. Post-emergent in November, January, and March Additional Requirements: Records must be kept of all pesticide applications. Documentation shall include but not limited to: date and time of application, weather conditions at time of application, what was applied and name of applier. This shall be included with the monthly invoice for payment. If pesticide documentation is not provided payment will be not be received for such application. When it becomes necessary for the Contractor to return for additional spraying as directed by the Project Manager due to non-performance of a required application, such additional spraying shall be performed at no cost to the Owner. 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 Amok 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. RFP 13-6062S Annual Landscape Maintenance 46 Packet Page-1294- 9/24/2013 16.A.9. PRESSURE CLEANING BRICK PAVERS 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 paving areas may be at the direction of the Project Manager on a time and material basis. Upon finding damage to the brick curbing or paving, an immediate notification to the Project Manager or his authorized representative is required. Upon finding damaged areas, the Contractor shall clean-up debris if present, and/or flag off the areas with protective barriers and/or high visibility hazard tape. The Contractor shall submit a 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. 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. Labor cost for weeding, hand grading and placement of new mulch shall be per the Unit Cost indicated on the Bid Page. 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. Equipment and labor cost for the weeding, hand grading and placement of non-organic mulch shall be per the Unit Cost indicated on the Bid Page. 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 15t). 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. Labor costs for weeding, turning, and mixing of the existing mulch and for placement of new mulch shall be per the Unit Cost indicated on the Bid Page. Mulch shall not be placed over valves or valve boxes that are located within mulched areas and shall not be placed near or on the trunks of shrubs, trees or palms. Mulch material shall be purchased by Collier County under an Annual Contract and coordinated with the Contractor for delivery purposes. FERTILIZATION Applications shall be made the day following a rain event when plant material is dry. Shrubs and groundcovers shall have the fertilizer blown or fan raked off following the broadcast application. Immediately after the fertilizer is applied, the areas shall be watered. Fertilizers shall be removed from curbs and sidewalk areas to avoid staining. Applications shall be made to turf the day following irrigation or a rain event when grass blades are dry. In areas where applicable, immediately after the fertilizer is applied, the sprinklers shall be activated for thirty (30) minutes to bring organic fertilizers to the soil's surface and to dissolve water-soluble particles. Following this watering, the controls shall be returned to automatic mode. Fertilizers containing Iron shall be removed from curbs to avoid staining. Fertilization shall be performed two times a year in the months of March and, September when using the six month application rate. For palms the contractor may be required to do additional fertilizations throughout the year. Refer to Site Specific Quantities section for schedule. Fertilization shall be completed at the end of the fertilization month. Any variation of this schedule needs to be pre-approved by the Project Manager; RFP 13-6062S Annual Landscape Maintenance 47 Packet Page-1295- 9/24/2013 16.A.9. failure to do may result in non-payment. 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. All tree pit areas should be fertilized evenly; there should not be a fertilizer ring around the tree under any circumstances. If a ring is formed you will have to go out and spread the fertilizer to correct the situation at the contractors' expense, this may include the additional purchase of fertilizer as it may not be able to spread. Fertilizer material shall be purchased by Collier County under an Annual Contract and coordinated with the Contractor for delivery purposes. Fertilizers shall be removed from curbs and sidewalk areas to avoid staining. MISCELLANEOUS AND LANDSCAPE MAINTENANCE RESPONSIBILITIES 1. If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees or a Subcontractor as determined by the Project Manager or Owner's Representative, they shall be replaced at the Contractor's expense. 2. 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. 3. It shall be the Contractor's responsibility to notify the Project Manager of any maintenance problems or additional maintenance needs. 4. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor and Project Manager prior to performing additional services. 5. 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 Project Manager should a disease or infestation be found and begin appropriate treatment per the Contract requirements. 6. 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 Landscape and Irrigation Project Manager. 7. Materials cost plus mark-up cannot exceed twenty-five percent (25%). The percentage does not affect the bid but will not be awarded to the bidder who omits or exceeds the allowable limit. 8. 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. IRRIGATION SYSTEMS—WEEKLY SERVICE REQUIREMENTS Category 1A— n/a) Prior to issuance of the Notice to proceed, 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 provide this documentation, the Notice to proceed 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 requests shall be made in writing. Upon issuance of a "Notice to Proceed", the Contractor shall review all irrigation systems and notify the Project Manager of any existing problems. RFP 13-6062S Annual Landscape Maintenance 48 Packet Page-1296- 9/24/2013 16.A.9. 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. 1) 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. 2) 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. 3) All services listed under this Section shall be covered in the Contract Bid item "Irrigation System" cost under Weekly Maintenance Functions. 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: NOTE: 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 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. 1) 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. 2) 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.) 3) 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. 4) 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. 5) 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: 10 Wet and dry zones, 2) Plant and turf decline, 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 RFP 13-6062S Annual Landscape Maintenance 49 Packet Page-1297- 9/24/2013 16.A.9. condition and provide immediate solutions. If the procedure is not followed and the plants die as a result, it shall be the contractor's responsibility to replace at cost to the County. 6) 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. Minor Repairs: a. Review system and repair any blown-off heads, broken lines, or leaks around heads or valves. b. 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. c. If a longer nozzle is required contractor shall change nozzle. d. Replace defective and/or broken heads or nozzles, install or replace defective and/or broken risers and repair minor breaks or restricted sprinkler lines. e. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads. f. 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. g. All minor repairs labor cost shall be reflective in the irrigation weekly function line item. 7) It shall be the Contractor's responsibility to notify the Project Manager of any irrigation problems or additional irrigation maintenance needs. 8) Major repairs to the irrigation systems include: a. Repairs to valves, controllers, electrical wiring, and main lines. b. These repairs are not included in weekly irrigation functions and shall be priced out separately or may be fixed by other. 9) 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. 10)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. GENERAL MAINTENANCE REPORT SHEETS The Contractor shall complete the "General Maintenance Report Sheets" on a weekly basis. The Report Sheets should be signed and submitted on a monthly basis to the Owner's appointed representative for review and approval as to completeness. The General Maintenance Report Sheets are required to be signed by the Contractor and submitted prior to monthly billing and payment. The Contractor will also be required to conduct on-site inspections with the Project Manager or Owner's Representative on a weekly or monthly basis to verify satisfactory completion of Contract requirements. The original forms for the report sheets will be provided to the Contractor for his reproduction purposes. 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. - RFP 13-6062S Annual Landscape Maintenance 50 Packet Page-1298- 9/24/2013 16.A.9. CREW SIZE/MAN-HOURS Contractor shall provide with each site visit a minimum of one/two crew of five (5) 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. The Bidder shall provide in the Contract Bid the estimated number of on-site man-hours per week the Contractor will be providing to satisfactorily perform the requirements of this Contract. Category 2: Tree Services TREE SERVICE vendor must have the knowledge and experience in canopy and root pruning. Must have working knowledge of ANSI Pruning Standards and ISA Best Management Practices. Ability to recognize, diagnose and report tree defects caused by pest, tree and/or root structure, and diseases. Vendor must have an arborist onsite to supervise and direct field personnel. To ensure that all work is completed as per specifications, to include but not limited to; proper tree and root pruning, adequate reduction or removal techniques, work productivity, cleanup, and safety. Services will be required for landscape material in the Collier County properties and right-of ways. As services are requested a request for quotes will be sent with specifications of what the work entails. CANOPY MANAGEMENT/STRUCTURAL PRUNING: Must possess a thorough knowledge and experience of canopy tree pruning and management practices. The services shall include overall structural pruning for the health and safety of tree and the public. Eliminate branches that rub each other, removing limbs that interfere with wires, buildings, signs, post or obstruct streets or sidewalks. Remove limbs that possess a hazard or may lead to decay that are diseased or insect infested. Create better structural to lessen wind resistance and reduce potential storm damage. Training young trees, removing limbs by adverse weather conditions, removing branches or thinning to increase light penetration and air movement through the crown and improve the shade of the tree. Services also include raising and reduction of the canopy. ROOT MANAGEMENT: Must possess a thorough knowledge and experience in root management, to include but not limited to air spade, structural pruning, diagnosis, and root management program. TREE RELOCATION: Periodically the County must relocated palms and trees within Collier County limits. The contractor must be have the knowledge and ability to root prune the tree(s) prior to relocation. In most cases maintenance of traffic (MOT) is required in order to perform this work safely. Most in depth information will be provided at the time that services are needed and County personnel request pricing. 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