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#20-7685 (Superior Landscaping & Lawn Service, Inc.) FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 20-7685 for Grounds Maintenance - County Facilities THIS AGREEMENT, made and entered into on this t ` day of 'R,rj('Ilary 20 20 , by and between Superior Landscaping & Lawn Service, Inc. authorized to do business in the State of Florida, whose business address is 2200 NW 23rd Avenue, Miami, FL 33142 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ■ upon the date of Board approval Il on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I I Request for Proposal (RFP) ❑■ Invitation to Bid (ITB) ❑ Other ( ) # 20-7685 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CA 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.20 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ❑ • - - - -- - - - - - -•- - ' - - • - -- -- - • •- - - - - ❑ 9ther Exhibit/Attachment: 3,4 n • - - - • - - . • - - - . • . _• - - . -- - - - - • . • = - - 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): II Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 0 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ❑ - '. •: - - == - • •• - - •-- • - - -• - - -- - inventory Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) C'10 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 ❑ --' -e e - e - - •• e _ • : Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage &eakfa-st $6.00 wneh $-11.00 gip-Ref $1-9-00 Airfare A -- •. .-• -e a .. - --- - Glass-fa-re Reread-ea; ' - •- - -- .. -e e - e • . .. et •. e - . _. ee Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) Company Name: Superior Landscaping & Lawn Service, Inc. Address: 220 NW 23rd Avenue Miami, FL 33142 Authorized Agent: Maria Valdes, Vice President Attention Name & Title: Jesenia Otero, Estimator Telephone: (305) 634-0717 E-Mail(s): superlandscapebellsouth.net All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Damon Grant Division Name: Facilities Management Division Address: 3335 Tamiami Trail E., Bldg . W Naples, Florida 34112 Administrative Agent/PM: Ann Simpson Telephone: Office: (239) 252-8380 or Cell: (239) 253-8394 E-Mail(s): Ann.Simpson(a�colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑■ Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. n 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 $500,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) n _ • e •- —e• - - - - -• - - this insurance. Such insurance shall have limits of not len than $ -ach C�eber Liabilityj Coverage shall have minimum limits of$ per claim. : Coverage shall have minimum limits of$ per clail . Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑■ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ ITB/0 Other #20-7685 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ❑ Other Exhibit/Attachmcnt: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver 1) CAO 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. • CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. III WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. e - -e - --••-• . - These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. • TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. ■ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ri - - . ...- .. .,_ , -..-- e e- e . The Contractor shall make commercially reasonable efforts to notify Collier County within personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) S n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. -� ORD n RR€.rE-DENC.E • -- - -. - .. ._ • --. . -c.- ... e.-.. precedence over the Agreement. To the extent any conflict in the terms of the Contract . obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. U■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver 1) CA IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts & 1904 311r oBy: "44-YX....1044e°1"14- Burt L. Saunders Chairman ISA ) '.4; . <V, Date• . 0. • 3s as 0' ar Superior Landscaping & Lawn Service, Inc. Cont, eittresses: Contractor DBA •1/4-4-5.1-)rei aLtdio // Contt'a tor's First Witness 'gnat - GcRDT5 tType/print signature a d titleT TType/print witness name Contractor's Second Witness TType/print witness nameT Ap d as to Form and eg lity: County Attorney PrintName Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) Exhibit A Scope of Services n following this page (pages 1 through 12 ) (l this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) "20-7685 Grounds Maintenance-County Facilities" EXHIBIT A SCOPE OF SERVICES SECTION I. CATEGORIES This contract is awarded to Contractor by Zone. The Categories and their descriptions are as follows: Category A,Zone 1: The Collier County Government Complex must be: • Completed in a maximum two consecutive day time frame for each frequency and on the same consistent days unless specific variances are approved in advance by the Facilities Manager or his designee(i.e.,the site must be scheduled on two days of the week(Monday and Tuesday for example), and; o Note: Work is not to be scheduled on Board of County Commissioner meeting days. A calendar schedule will be provided. • Completed fully (all required services listed below throughout the entire site)on the same days of the week (i.e., Monday and Tuesday etc.) for each frequency, which may be either once a week or once every other week depending on the time of year. • Full yearly schedules of proposed days for service will be submitted to the Facilities Manager or designee at the beginning of the contract and updated if there are any changes throughout the term(s) of the contract. Should the contractor not conduct the required service on the required days, as approved initially by Facilities Management, associated fines listed below (under tasks) may be assessed. Category B, Zone 2—6: Off Campus sites must be: • Completed in a one-day time frame for each frequency and on the same consistent day unless specific variances are approved in advance by the Facilities Manager or designee (i.e., site #3 must be scheduled on a specific day of the week(Monday, Tuesday, Wed. etc.), and; • Completed fully (all required services listed below throughout the entire site)on that same day of the week (Monday, Tuesday, Wed. etc.) for each frequency, which as stated above may be either once a week or once every other week depending on the time of year. Sites: Exact locations of sites are listed on the Bid Schedule. Approximate Area: It is the bidders' responsibility to measure the acreage of each site. Attached are aerial sites from the Collier County Property Appraiser's website. The County will not accept requests for price increases due to the vendor not verifying the acreage and not being fully informed as to the scope of services required. All acreage includes the right-of-way beyond any sidewalk. Additional services for tree trimming and placing of mulch may be subcontracted as needed but must be pre- approved by the Facilities Management designee and the proposal must clearly state the specific service and the Facilities Management designee (by name) who requested the service. Actual invoicing from the subcontractor shall be required as backup for the main contractor submittal to the County for invoicing purposes. Collier County expects the successful bidder to fully comply with all terms of this bid. Every item and schedule are considered an important element of the bid and must be strictly adhered to. The work covered by this bid consists of furnishing all labor, equipment, and materials. Bidders must meet the following requirements in order to be Page 1 of 12 Exhibit A-Scope of Services considered for this award: 1. Have the capacity to perform. 2. Have successfully executed contracts similar in nature and dollar value with municipalities or large properties(must provide details with submission). Bidder(s) may be required to confirm to Facilities Management Division's Work Management procedures, such as utilizing the Division's work order forms, or future online work order system at no additional cost to the County. The frequency of routine service (mowing, edging, trees/shrubs/other plant material maintenance, weeding, pest control and other associated landscape maintenance services outlined under the scope) will be as follows, but is subject to change as needed: May—October(6 months)= Once a week November—April (6 months) = Once every other week Note: The vendor may total the cost for the annual period and allocate the average on a monthly basis for billing purposes. If the monthly allocation billing method is used,then an attestation with list of services performed and locations with the dates of service per month will be required. SECTION II. TASKS 1.Mowing: All turf, to include right-of-way, shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings; 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 of three and one-half inches (3.5"). The number of cuttings may be modified by the Facilities Manager or designee at the County's discretion, requiring a negotiated cost change between the Facilities Manager or designee and the Contractor. The Contractor will clean all clippings from sidewalks, curbs, and roadways immediately after mowing and/or edging. The contractor will not sweep, blow or otherwise dispose of clippings in sewer drains. The Contractor shall use alternate mowing practices, patterns or equipment so as 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. Median strips shall be mowed as needed for a well-maintained appearance as determined by the Facilities Manager or designee. The Contractor must inspect and empty all exterior trash containers on each visit to the facility to ensure a well-maintained appearance as determined by the Facilities Manager or designee. All horticulture debris shall be immediately removed from the site, including debris from the Collier County Museum and University Extension Office. Prior to mowing,blades shall be inspected to ensure that they are sharp and adjusted to assure a clean cut,and mowers checked for proper height of three-and one-half inches(3.5"). Mowing does not include the specialty plant beds located around the University Extension Office nor the interior of the Collier County Museum. 2. Edging: Page 2 of 12 Exhibit A-Scope of Services Mechanical edging on the turf shall be done with each mowing along all sidewalk edges,back of concrete curbs, around all plant beds,utility service boxes,sign posts,posts,valve boxes, sprinkler heads and all other areas deemed necessary by the Facilities Manager or designee. NO EDGING around trees or shrubs with a weed eater will be permitted. Grass root runners found in edged plant beds shall be removed. No chemicals shall be used for edging. All sidewalks, curbing or gutters including two feet(2') area from the face of the curb and sidewalk areas shall be cleaned during each service. No debris shall be left upon completion of work performed. All leaves, branches, and general debris shall be cleared from site(s). All sidewalks shall be blown clean,but no clippings or other debris shall be blown,or deposited on other adjacent property,accumulated on right-of-way areas,or disposed in sewer drains. Edging does not include the specialty plant beds located around the University Extension Office nor the interior of the Collier County Museum. 3. Shrubs,Plants,Etc.: All groundcovers and shrubs shall be inspected and pruned during service weeks or on an as needed basis,to maintain the proper or required heights for visibility,vehicular movement purposes and desired shape or form as determined by the Facilities Manager or designee.Notification needs to be made to the Facilities Manager or designee,within one(1)week of identification of any dying trees,shrubs etc.,so appropriate action can be taken. Shrubs shall be trimmed as many times as may be necessary to maintain a sculptured appearance. Shrubs will be pruned with hand shears as needed to provide an informal shape,fullness,and blooms. Shrub pruning should be done consistently throughout each site for all shrub types that require pruning so that the landscape gives the appearance of continuity throughout the site. During October and April, ornamental grasses, such as Fountain, Sand Cordgrass, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned in a pyramid shape to a twelve-inch(12")or twenty-four-inch(24")height based upon the type of plant,but not when flowering. Ornamental grass such as Liriope Muscari and Flax Lilly shall only be pruned at the direction and approval of the Facilities Manager or designee. Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain clearance from the edge of the pathway. It is recommended that adjacent shrubs and groundcovers be maintained so that they angled or are rounded away from the pathway. Shrub/plant maintenance does not include the specialty plant beds located around the University Extension Office. 4.Canopy Tree and Palm Pruning: 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 to create and maintain a fifteen-foot (15') canopy clearance over the roadways and parking lots and a ten-foot(10')canopy clearance over all pathways. All palms/trees must be trimmed to maintain clearance over building roofs. Canopy trees shall be selectively in perpetuity to maintain a 10' height over walkways and 15' height over roadways and parking lots to thin the interior canopy of cross branching and to shape the canopy of the trees. A professional certified Arborist shall supervise the pruning and shaping and shall be approved by the Facilities Manager. The work shall be done in a professional manner in accordance with ANSI 300, Part 1,2,&3 Pruning Standards.Any damaged materials or any incorrect pruning shall result in replacement of that material at the expense of the Contractor. Additional trimming of individual trees,to maintain proper appearance or treating/trimming diseased areas, may be required at the discretion of the Facilities Manager or designee. Additional trimming can be contracted by any division with an appropriate Purchase Order.Additional charges must be approved in writing by the County designee, if trimming exceeds the allowed contracted heights.Pruning shall also include removal of water sprouts,suckers and Page 3 of 12 Exhibit A-Scope of Services 1:,8.0 any dead or diseased foliage or branches. There shall be no collar or stub cuts,gutting,topping or over lifting. Plant material with a canopy over pathways or sidewalks shall be maintained at a minimum height of one hundred twenty inches(120")or ten feet(10'). 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. Contractor shall be responsible for maintenance of all palm species including all palm species identified as"self-cleaning". All palm trees shall be annually trimmed during the month of May,in preparation of hurricane season beginning June 1, or as needed. Palms shall be"Tropical Cut"or to a nine (9) o'clock to three(3)o'clock angle from horizontal at the base of the palms' buds or lowest fronds. The pruning of all palms shall include removal of all nuts, seed stalks, brown or dead and lower-hanging fronds of the palm.The work shall be done in a professional manner in accordance with accepted trade standards. Pruning in parking lots, when vehicles are present, shall be performed after hours or on weekends to prevent damage to vehicles. The palms shall not be climbed to remove the fronds and seed pods. No green palm fronds shall be removed. Access to the tree fronds shall be by ladder, boom truck or lift(vendor is required to provide their own equipment at no additional charge). All debris from the trimmings shall be removed and work site shall be left neat and clean. Tree/Palm trimming does not include the specialty plant beds located around the University Extension Office. All grass,tree,and shrub trimmings are to be immediately hauled off-site at the Contractor's expense. The Facilities Manager or designee reserves the right to readdress this item after award of the Contract and after consultation with experts in the field. 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. Road alerts to be submitted to the Growth Management Department. 5. Mulching: Plant beds,jogging paths, parking lot heads, and all other mulched areas shall be mulched from October through January. The mulch product shall be "Pro-Euc" and shall be provided and distributed by the Contractor at no additional cost to the County. Before installation of mulch,a sample of the proposed product shall be submitted and approved by the Facilities Manager or designee. 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. Where applicable,beds shall be prepped prior to mulching so mulch allows percolation. Mulch will not be placed against the trunks of palms, trees and plants. Mulch shall be kept six (6) inches away from the trunk of the tree or palm. After application, mulch needs to be removed from impervious areas. The mulch shall be placed to provide a three-inch(3"+)non-compacted or unsettled depth measured from the existing soil grade. Mulching does not include the specialty plant beds located around the University Extension Office nor the interior of the Collier County Museum. 6. Weeding: Weeding of all plant beds, mulched, and rock areas, including medians, shall be performed each service week to ensure a weed-free and visually well-maintained area. The Contractor shall remove all weeds by hand with or without using a chemical treatment. If chemicals are used, they shall be Roundup or equivalent around plants, etc., but to be used in such a manner as to not damage existing plant material. Contractor must remove all weeds from sodded/grass areas using appropriate method. Weeding does not include the specialty plant beds located around the University Extension Office nor the Page 4 of 12 Exhibit A-Scope of Services interior of the Collier County Museum. 7.Pest Control: 1. It is required that the Contractor performing these services shall possess and provide the following to the Facilities Manager or designee if requested: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Current Contractor's Occupational License for Pest Control Service(if required by law). c. Certified Pest Control Operator on staff. 2. The Contractor shall provide an overall written pest and spray program that shall incorporate ant control and shall meet or exceed the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. Provide MSDS Sheets for chemicals upon request. d. Provide signage where applicable. 3. The Contractor shall make on-site inspections and provide written reports to the Facilities Manager or designee as needed. 4. Methods of Application: One hundred percent (100%) coverage and penetration shall be provided. Insecticides and fungicides shall be applied at the proper pressure to provide maximum coverage. a. Insecticides should be alternated, as necessary,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 Fahrenheit. d. Spreader sticker 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. All spray applications shall contain a wetting agent within the mix when recommended by the label. h. The pH of water used in mix must be adjusted to meet pesticides' manufacturer recommendation and water pH and method must be documented for reproduction to the Facilities Manager or designee upon request. 5. Rate of Application: All chemicals shall be applied at the rates recommended on the manufacturer's labels. 6. Materials List: All insecticide,fungicide,and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Facilities Manager or designee 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. 7. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the site inspection reports. FeRROMEC AC 15-0-0 plus 3% sulfur to one and one-half(1 1/2) gallons of material per one hundred (100) gallons of water to be added with each application of insecticide, fungicide and herbicide. a. Turf Areas: Insecticides& Fungicides-Applications on an as needed basis. Herbicides -Application on an as needed basis, Post-emergent in November, January and March Page 5 of 12 Exhibit A-Scope of Services • or on an as needed basis. b. Groundcovers, Shrubs and Trees: Insecticides& Fungicides-Applications on an as needed basis. c. Bed Areas: Herbicides—Applications on an as needed basis, Post-emergent in November,January and March or on an as needed basis. 8. 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. When it becomes necessary for the Contractor to return for additional spraying as directed by the Facilities Manager or designee due to non-performance of a required application, such additional spraying shall be performed at no cost to the County. Overall ornamental and turf spraying of plants, shrubs, and grassed areas within areas is included in the Contract. 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 to provide 1/4" of water 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. Fire ant mounds shall be treated during each service visit to the facility. Pest control does not include the specialty plant beds located around the University Extension Office nor the interior of the Collier County Museum. 8.Fertilization: Unless specified otherwise for a certain site,the number of applications shall be based upon BMP(Best Management Practices). Apply fertilizer only if plants show signs of nutrient deficiencies and follow UF/IFAS recommendations and BMPs: • Use slow release fertilizers • No weed and feed or fertilizers containing insecticides shall be permitted. Soil tests shall be conducted in conjunction with the Collier County UF/IFAS Extension office at no additional cost to the County. Once the samples are analyzed, the fertilizer nutrient breakdown can be determined based on the nutrient deficiencies of the soil. All fertilizer shall be swept from sidewalks, driveways and curbs. All fertilizer applications shall be granular slow- release. Use of BMP for number of applications and rates is required. Palms and trees shall have a broadcast application of granular fertilizer as required (0-8 lbs.). No fertilizer rings around palms shall be permitted. Contractor shall adhere to the following guidelines. If the fertilizer contains less than 30% of its nitrogen in a slow release form, apply '/2 pound of nitrogen per 1,000 square feet of lawn per application,according to labeling requirements. Page 6 of 12 Exhibit A-Scope of Services Nutrient deficiencies shall be treated with Fertilizer applications recommendations per Table 1 and 2,FYN Standards and/or per recommendation of soil testing agency such as the University of Florida Extension Agency. When it becomes necessary for the Contractor to return for additional application as directed by the Facilities Director or designee,due to non-performance of a required application, such shall be performed at no cost to the County. Nutrient deficiencies shall be treated with supplemental applications of the specific lacking nutrient according to OF/IFAS Extension recommendations. Fertilization does not include the specialty plant beds located around the University Extension Office nor the interior of the Collier County Museum. 8a. Fertilizing Palms: Landscaped areas within 30 feet or large established palms shall be fertilized with an 8-2-12-4 Mg with W,K and Mg being in slow release form.The fertilizer shall also contain 1-2 percent Fe and Manganese plus trace amounts of zinc(Zn),copper(Cu)and boron(B).Any product to be used near palms in landscaped areas shall be approved by the Contract Manager or Public Utilities' Facility Site Manager before use. 9.Irrigation Systems: The Contractor shall report any broken sprinkler system parts or damage to County property found immediately to the Facilities Manager or designee for repair. If the vendor is responsible for broken systems or parts, the vendor is required to repair the damage at no charge to the County. The contractor shall inspect and test rain shut-off devices and other components and zones in the irrigation system monthly and shall reset zone times accordingly.Minor adjustments and repairs such as head/emitter cleaning or replacement,filter cleaning, re-aiming of heads to keep water out of the street, small leaks, and minor timer adjustments shall be made by the Contractor, with the County paying for parts and labor. The contractor, shall in perpetuity,allow for the application of V2 inch—%inch of water per irrigation cycle. During regular service times,the Contractor will note and report to the County any symptoms of inadequate or excessive irrigation,drainage problems,etc. Irrigation maintenance does not include the specialty plant beds located around the University Extension Office. Repairs or system service beyond the above scope will be charged to the County on a time and material basis for actual repairs only,not for the full monthly check if repairs are made at that time. The Contractor will notify the County of the nature of the problem before repairs are made. 10. Trash Removal: With each service,all site areas shall be cleaned by removing all trash or debris to include,but not limited to: paper, bottles, cans,other trash, and horticultural debris. All debris or trash pickup shall be performed"prior"to mowing all turf areas.The disposal of all trash and debris Page 7 of 12 Exhibit A-Scope of Services must be at a proper landfill or disposal site at no additional cost to Collier County. 11. Property Damage: Replacement of dead or injured plants due to Contractor negligence will be done without cost to the County. 12. Miscellaneous Maintenance: Parking lots,driveways and medians must be inspected and cleaned of debris during a service week,by removing loose debris, such as glass, leaves, sticks, bottles, cans, paper, cigarette butts, etc. The area within two feet (2') from the outside of the curb on all curbed areas and median islands shall be swept during service to remove any accumulation of debris and to maintain a neat and safe condition. Plant beds shall have leaves and debris raked as needed to maintain a neat appearance. Special care must be given to not dirty or damage any County or personal vehicle. All debris or trash pickup shall be performed"prior"to mowing all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site, no onsite trash dumping in County containers. Horticulture debris shall be removed from the County Museum (main campus) as needed during Complex site visits. 13. Facilities' Work Order System through Citvworks: Facilities Management utilizes a work order system Cityworks. Facilities Management will initiate work to be performed. Work orders will be submitted to the Contractor and must be performed within a seven (7) day time period, unless given further notice by Facilities. All work must be discussed and approved by the Facilities Manager or designee prior to work being performed. All work orders must be returned to the Facilities designee with an explanation of work performed. Locates required prior to work being performed if work is six(6) inches in depth. (This section is not to be confused with fiscal work orders.) 14. Materials: Materials purchased shall be reimbursed at cost plus applicable mark-up. The Contractor shall provide documentation of the cost for materials (i.e., invoices) for all items with the extended price of five hundred ($500.00) or more. SECTION III: MISC. REQUIREMENTS 1. Projected Timetable: The Facilities Manager or designee will contact the Contractor and request a written quote to complete a specific job outside of monthly quoted landscape services. The Contractor shall respond by delivering to the Facilities Manager or designee a written quote which shall include the itemized cost to the County for all work (in accordance with current contract prices), and a specified length of time, in calendar days,needed to complete the work. The Facilities Manager or designee shall be in receipt of this proposal within three(3)business days of the original request. If the quote is accepted by the County, Facilities Management will give to the Contractor a"Notice to Proceed" which may be in the form of a formal letter, written email, a P.O., or a P.O. number if referencing a "blanket P.O.". All County work above$5,000 will have a vendor supervisor on-site. All work under the$5,000 threshold shall have a vendor supervisor on-call. 2. Contractor Performance Collier County's Mission Statement is to"Exceed Customer's Expectations". At time of acceptance of the contract, the Contractor will assume this mission statement as an integral part of the contract and strive in every way possible to achieve this goal. The Contractor shall provide a phone list where the Project Manager or his designated representative can be rfo,t 0 Page 8 of 12 Exhibit A-Scope of Services contacted immediately in the event of unsatisfactory performance or in an emergency. The phone list shall include phone numbers where the Contractor can be reached during both business hours and non-business hours. The County shall be able to reach the Contractor at any time in case of an emergency. The County shall be considered a "prime contract" and all necessary resources shall be directed to this contract enabling the County to continue to function during any emergency or natural disaster. Provide, with your bid,a letter stating the above so the Facilities Management Division may include the letter in our Emergency Preparedness Binder. The Contractor is not allowed to employ illegal immigrants to perform grounds services or any other services in County facilities or in connection with the contract. Please provide,upon award of the contract, certification stating the above. The County has the right to review the supporting documentation and validate the certification. Vendor will provide this documentation to the County, free of charge, at the request of the County. 3. Contractor's Employees The Facilities Director or his designee reserves the right to prohibit, with or without cause at his sole discretion, any of the Contractor's employees from performing services in County facilities or in connection with the contract. Due to the nature of activities conducted by the Collier County facilities, the County requires all background checks be performed prior to hiring of employees and conformance with Ordinance 2004-52, as amended. All employees working on County owned or leased property must be fingerprinted and issued a"special"badge prior to work. Background checks and fingerprinting shall be done by the Facilities Management Division and charged to the Contractor by the Facilities Management Division at the current State-mandated rate before the employee works on County property. Lost or stolen County issued ID cards must be reported to Facilities Management within twelve(12)hours. The current cost of fingerprinting is$40.00(as of 2/12/16), this price is subject to change. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 4. Uniforms and Identification Badges: The Contractor's employees shall be attired in distinctive, clean, and identifiable uniforms furnished by the Contractor. They shall be neat and clean in appearance. The uniform shall consist of a logo shirt and matching long pants. The contractor's employees shall also wear an identification badge, provided by Collier County, in plain sight and at all times. Any employee found without a badge and full uniform will be sent home and the Contractor shall be fined $100 per day per incident. No employee or supervisor shall be allowed to work in a County facility without a proper uniform and a County identification badge. The front of the employee identification badge shall have the employee's photo, the employee's name and the Contractor's company name. 5. Response Times: On a twenty-four (24) hour basis, the Contractor may be required to travel to the site immediately with the Page 9 of 12 Exhibit A-Scope of Services Facilities Manager or designee to resolve any deficient work or an emergency. The Contractor shall respond to a cellular phone or email within one (1)hour. There shall be no additional charge for these responses. 6. Work Quality: The Contractor will be expected to examine areas scheduled to receive the work under this agreement and locate conditions that will adversely affect the performance and quality of the work. The Contractor shall advise the Facilities Manager or designee of all such conditions and secure further directions from the Facilities Manager as required. 7. Safety: All Contractors and subcontractors performing service for Collier County are required to and shall comply with all occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. The County will not be held liable for any vendor safety violations and/or liabilities. Material Safety Data Sheets(M.S.D.S.) are required. 8. Protection of Property: The Contractor shall complete necessary work in such a manner that does not damage property. In the event damage occurs to property by reason of work performed,or lack thereof,under this Contract,the Contractor shall replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County,the cost of such work shall be deducted from the monies due the Contractor. 9. Documentation: The Facilities Manager or designee shall have the authority to inspect the work site at any time during the performance of the service. Documentation of each job to be completed shall be provided by the Contractor to the Facilities Manager or designee in the form of digital documentation and/or photographs,etc.,prior to the start and additionally at the completion of the service. 10. Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given three(3)calendar days to correct the work. There will be no cost to the County for re-works. 11.Additions and Deletions of Sites: Addition or deletion of items,services,or locations may be added or deleted from this agreement upon satisfactory negotiation of price by the Facilities Manager or designee and Contractor. 12. Warranty/Guarantee: Materials, replacement parts and fixtures shall be new and warranted for ninety (90) days. All labor for repairs shall have a ninety(90)day warranty. In addition to the ninety(90)days of"warranty"period,the contractor will be responsible to maintain what is considered satisfactory overall landscaping for the associated County sites. This contract includes the overall landscaping services including install, maintenance, fertilization, pest control, and irrigation. Should the contractor find issues they deem to be"out of their control",such as no irrigation water coming onto a site or available, the Contractor shall be responsible to contact the Facilities Manager or their designee in writing to note and document the concern. As an example, should the Facilities Manager find a large area of grass dead for reasons other than abuse (such as driving over or totally removed or destroyed by another contractor),the Contractor shall be required to replace and mitigate the area. If these areas were pre-existing,the contractor needs note these areas, provide proposals to mitigate and document their submission to Facilities Page 10 of 12 Exhibit A-Scope of Services Management. Pre-approval is necessary for additional services. 13. Qualifications/Requirements of Contractor Prior to commencement of this contract, the Contractor shall provide the number of employees presently employed and/or the number of the employees they plan to employ during the period of this contract. The Contractor shall provide a dedicated Site Foreman who shall visit all sites at least one(1)time each week,or bi- weekly as outlined by the frequency of service and month of the year. The Site Foreman shall be the immediate point of contact to the Facilities Manager or designee. The Site Foreman shall be the Contractor or an employee of the Contractor and shall maintain authority to act for the Contractor in performing the terms of this Contract. If the Site Foreman is someone other than the Contractor, the Facilities Manager or designee, prior to the start date of the Contract shall approve the Site Foreman. The Facilities Manager or designee reserves the right to remove a Site Foreman at their discretion. If the Site Foreman is removed by the Facilities Manager or designee, or by the Contractor, the Contractor, subject to approval of the Facilities Manager or designee, shall promptly appoint a replacement. The Contractor shall be accessible from 7:00 AM until 6:00 PM, Monday through Friday via cellular telephone or other means approved by the Facilities Manager or designee during the entire term of the Contract. Note: Documentation is required to be maintained by the vendor and available to the County upon request. Documentation is required to follow the Florida General Records Schedule for records retention requirements. 14. Employee Qualifications: The Contractor shall employ people to work at all County facilities who are competent and physically capable of doing the work. Each employee shall be neat in appearance. The County requires the Contractor to remove, from the County work place, all Contractor employees if the Facilities Manager or designee requests a replacement. 15. Permits,Licenses and Taxes: In accordance with Section 218.80 F. S., all fees, permits and licenses necessary for performance of the work shall be identified and obtained by the Contractor. All permit fees levied by Collier County shall be paid for by the using department, including, but not limited to Right-of-Way permits, if necessary. If Contractor performs any work without obtaining, or contrary to such permits or licenses, Contractor shall bear all costs arising there from. 16. Equipment: Bidder shall own or lease and have in good repair all equipment necessary to perform the described services and the equipment necessary to complete related tasks for routine service at no additional charge to the County. Should "specialty equipment" be needed for non-routine work, the Contractor may rent equipment and charge back to the County "at cost", with no markup. Equipment rentals must be approved prior to commencement of work and shown on all proposals. 17. Materials: Costs for all materials necessary to complete a project shall be listed on the invoice. A breakdown of material shall be required, including documentation of costs, when such costs exceed five hundred dollars ($500.00). Miscellaneous items totaling$500.00 or less will not require documentation. Items under$500.00 will be labeled as "miscellaneous supplies". Page 11 of 12 Exhibit A-Scope of Services 18. Vendor Required Documents As a result of Collier County's substantial investment in the project's landscaping,the responsive Bidder shall: 1. Provide a copy of Landscape Contractor's and Irrigation or Unlimited Landscape Contractor's License in Collier County. 2. Provide verification of current projects (within the last five (5) years and still current) in landscaping maintenance business with total asset value of at least$2 million, such documentation may include but not limited to: Name of project,project description with specified maintenance requirements,name and phone number of contact person for that project. This documentation may include but not limited to number of trees,type and size of trees and palms.Provided number of plant beds and groundcover by type and variety. 3. Provide documentation of minimum five(5)years prior experience in the landscape grounds maintenance within the South Florida roadways(to be defined as the following Counties: Collier,Lee,Broward,Miami- Dade and West Palm Beach). Such documentation may include but not limited to: a. Project description and work specifications b. Time of performance c. Names and telephone numbers of individual references familiar with Bidder's project performance and area included in scope of work. d. Dollar amount of contract or project. 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. Contractor to 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 can be blacked out or deleted from form. 6. Provide documentation of minimum of five (5) years' experience in Operation of Rainbird Irrigation Control Systems. Documentation may include list of projects that were maintained with the Rainbird Irrigation Control System and must also include contract or project responsibilities and scope of work. 7. Provide proof of Maintenance of Traffic Certification and have at least five(5)years' experience in setting up MOT. 8. Provide the following: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor's degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience approved by the Project Manager. c. Current Contractor's Occupational License for Pest Control Service. 9. Documentation of certified arborist on staff. *** Contractors shall adhere to Collier County MOT found at https://www.colliercountyfl.gov/home/showdocument?id=1574. (Copy link and insert into your browser.) *** All Material and equipment mark-ups will not exceed 30 percent. *** All Subcontractor mark-ups will not exceed 15 percent. Page 12 of 12 Exhibit A-Scope of Services r> Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 20-7685 - GROUNDS MAINTENANCE - COUNTY FACILITIES EXHIBIT B-FEE SCHEDULE Superior Landscaping & Lawn Service Inc. Section 1 : Zones (ZONE 1) Superior Landscaping-PRIMARY CONTRACTOR Zone 1 Location Address Weekly Service Rate 1 Main Government Complex 3335 Tamiami Trail E $ 3,900.00 Section 2: Hourly Rates/Markups Item # Description Unit of Measure Mainscape, Inc. 1 Markup on cost of all landscape plant materials % Over Cost 30% 2 Markup cost of non-plant materials (such as irrigation parts and controls, etc) % Over Cost 30% 3 Hourly rate - Irrigation Supervisor Per Hour $55.00 4 Hourly rate - Installation Supervisor Per Hour $65.00 5 Hourly rate - Worker Per Hour $35.00 Section 3: Fixed Percentage Markup 1 Mark-up of subcontract or costs 15% ,r}t ��f Other Exhibit/Attachment Description: ❑ following this page (pages through ) • this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) ARIJ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/11/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Julio Guerrero NAME: Brown&Brown of Florida,Inc. PHONN Ext): 714-4400 ( No):FM (305)714-4401 14900 NW 79 Court Suite 200 E-MAIL •ADDRESS: jguerrero@bbmia.com INSURER(S)AFFORDING COVERAGE NAIC# Miami Lakes FL 33016INSURER A: Hartford Accident and Indemnity Company 22357 INSURED INSURER B: Hartford Casualty Insurance Company 29424 Superior Landscaping&Lawn Services,Inc. INSURER C: FFVA Mutual Insurance Co. 10385 2200 N.W.23 AVENUE INSURER D: Lloyd's INSURER E: Miami FL 33142 INSURER F: COVERAGES CERTIFICATE NUMBER: 19/20 GUAUUM/WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD MND. POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) UMITS X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 DAMAGE I CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 300 ,000 MED EXP(Any one person) $ 10,000 A 21UENOL4176 12/01/2019 12/01/2020 PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO LOC PRODUCTS-COMP/OP AGG 0000 2 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 21UENOL4176 12/01/2019 12/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE ^ AUTOS ONLY X AUTOS ONLY (Per accident) $ $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LIAB CLAIMS-MADE 21HHUOL4177 12/01/2019 12/01/2020 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION ../I PER "/I OTH- AND EMPLOYERS'UABIUTY y/N /' STATUTE /'I ER CANY PROPRIETOR/PARTNER/EXECUTIVE Y NIA WC84000345042019A 12/01/2019 12/01/2020 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , Each claim 1,000,000 Professional Liability D ' B0621PSUPE007319 12/06/2019 12/06/2020 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Certificate Holder is Additional Insured on a primary and non-contributory basis with regards to General Liability&Auto Liability when required by written contract.Waiver of subrogation applies to the Additional Insured with regards to General Liability,Auto Liability&Workers Compensation when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. AUTHORIZED REPRESENTATIVE Naples FL 34112 ' — -.i .________, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ACRD ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Brown&Brown of Florida,Inc. Superior Landscaping&Lawn POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes Pollution Liability Company:Westchester Surplus Lines Ins.Co. Term:12/6/19-12/6/20 Policy#G7091878A 002 Limit of Insurance:$1,000,000 Deductible:$10,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD