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Backup Documents 10/25/2022 Item #16A10ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 .4 + THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with _ ___.___ _r.L_ a.,,,, s o rhr. —h r.,..t;.,o lin— 41 thmiurh #? romnlete the checklist. and forward to the County Attorney Office. the exception of the Uautu s sign —we, W.- Route to Addressee(s) (List in routing order) Office. Initials Date 1. Risk Risk Management lb 2. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners ZZ 4. Minutes and Records Clerk of Court's Office -. 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event f th addressees above ma need to contact staff for additional or missinginformation. one o e , Name of Primary Staff Patrick O'Quinn/PROCUREMENT Contact Information 239- 252-8407 Contact / Department Agenda Date Item was OCTOBER 25th, 2022 Agenda Item Number 16.A.10. Approved by the BCC Type of Document FIXED TERM SERVICE Number of Original 1 Attached AGREEMENT Documents Attached PO number or account N/A 22-7978 SUPERIOR number if document is LANDSCAPE LANSCAPING & to be recorded MAINTENANCE LAWN SERVICE RADIO ROAD MSTU INC. ROADWAY INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be PRO signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PRO document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's PRO sij4nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines? 8. The document was approved by the BCC on 10/25/2022 and all changes made during N/� of the meeting have been incorporated in the attached document. The County an option for Attorne 's Office has reviewed the changes, if applicable. R this line. 9. Initials of attorney verifying that the attached document is the version approved by th BCC, all changes directed by the BCC have been made, and the document is ready fok, 5 2022 N/A is not an option for Chairman's signature. 1this line. to .. j Hisk Management 16A1U FIXED TERM SERVICE AGREEMENT # 22-7978 for Landscape Maintenance Radio Road MSTU Roadwa THIS AGREEMENT, made and entered into on this >r^ day of QC �ab-e✓' 2022 by and between SUPERIOR LANDSCAPING & LAWN SERVICE INC. authorized to do business in the State of Florida, whose business address is 2200 NW 23rd AVE, Miami, FL 33142 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the WITNESSETH: County"): 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ❑ upen4he ate-ef-Be ,31; or ❑■ on December 12, 2022 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 ❑ P+weka_se-9rde- ® Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ 0 Invitation to Bid (ITB) ❑ �.---- # 22-7978 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement 2022_Ver.2 ON 16A10 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. 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): -. e affd ❑E Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 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. Page 2 of 17 Fixed Term Service Agreement 2022_Ver.2 00 16AI 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. ... I. . e— a _ 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 # 85-8015966531 C. 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: Company Name Address: Authorized Agent: Attention Name & Title Telephone: E-Mail(s): SUPERIOR LANDSCAPING & LAWN SERVICE INC. 6220-2 Topaz Court Fort Mvers, FL 33966 Maria Valdes, Vice President Jesenia Otero, Estimating Coordinator (305) 634-0717 Superlandscape@bellsouth.net; JOtero@superiorlandscaping.com Page 3 of 17 Fixed Term Service Agreement 2022_Ver.2 16A10 r 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 Name: Public Transit & Neighborhood Enhancement (PTNE) Division Director: Michelle Arnold Address: 8300 Radio Road Naples, FL 34104 Administrative Agent/PM: Harry Sells, Project Manager Telephone: (239) 252-4980 E-Mail(s): Harry. Sells@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. 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 Page 4 of 17 Fixed Term Service Agreement 2022_Ver.2 l6A10 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 sole judge of the 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. FE-1 Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,050,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 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. FE] 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. R. A .. .; 0. -. Page 5 of 17 Fixed Term Service Agreement 2022_Ver.2 16Aiu NEW 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. 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, Page 6 of 17 Fixed Term Service Agreement 2022_Ver.2 16A10 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 Public Transit & Neighborhood Enhancement (PTNE) 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), 0 Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ R4zP/ ❑■ ITB/❑ QtheF # 22-7978 ❑ 1-%4"- it qtete,s;❑ 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 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 Page 7 of 17 Fixed Term Service Agreement 2022_Ver.2 (30 16 A10 not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, 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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReg uest(a)-colIiercountyfl.gov 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 Agreement 2022_Ver.2 16AIQ 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. 0 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. 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and Page 9 of 17 Fixed Term Service Agreement 2022_Ver.2 16AIQ 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 further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. FE-1 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. 0 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not 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. Page 10 of 17 Fixed Term Service Agreement 2022_Ver.2 16AI 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 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. Page 11 of 17 Fixed Term Service Agreement 2022_Ver.2 RL 16AI 0 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. FN� 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. 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 Page 12 of 17 Fixed Term Service Agreement 2022_Ver.2 16AI 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 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. ❑■ 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 Agreement 2022_Ver.2 r 16 A 10 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: Crystal K. Kinzel, Clerk of the Circuit Court and C te6lif r, :4r�? . . By: Dated: (SEAL) AtO5t as t4 CWtU1a11') s'►gna#ttt� on(�►� Contractor's Witnesses: rlx--,"e�— . on ractor's hhsf Witness Witness v /q/1-11 ,7--- VP -e /1£5 TType/print witness nameT F vLZi-e-v_ k,- County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Willjorn L. McDaniel, Jr. , Chairman SUPERIOR LANDSCAPING & LAWN SERVICE INC. Contractor By: Signature TType/print signature and titleT Page 14 of 17 Fixed Term Service Agreement 2022_Ve .2�' 16Alo Exhibit A Scope of Services ❑■ following this page (containing 11 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement 2022_Ver.2 0�� Invitation to Bid (ITB) #22-7978 6 A 1 Q "Landscape Maintenance Radio Road MSTU Roadway" EXHIBIT A SCOPE OF SERVICES The County is seeking a qualified firm to provide landscape maintenance services within the boundaries of the Radio Road "Municipal Service Taxing Unit" (MSTU) "Landscape Maintenance Radio Road MSTU Roadway." DETAILED SCOPE OF WORK The Contractor shall provide all labor, tools, and materials necessary to perform the work described in the scope of services. The areas of work included in these specifications are located as described below: • An area on the west and north right-of-way of Devonshire Blvd. It consists of sod and Asian Jasmine areas, with Black Olive Trees and a Clusia Hedge. • An area on the East and South right of way of Devonshire Blvd. between the sidewalk and the edge of the pavement. Consisting of 100% sod. • Medians on Devonshire Blvd. consisting of three layers of shrubs and trees. • Rich King Memorial Greenway Entry on the south side of Radio Road, consisting of sod, shrubs, and small trees. The area is currently under construction and scheduled for completion approximately in September2022. GENERAL REQUIREMENTS 1. Maintenance of Traffic (MOT) 1.1. The Contractor shall verify current MOT certification and comply with the requirements of Collier County's Maintenance of Traffic (MOT) Policy, available from the County Risk Management Division. 1.2. The Contractor shall utilize adequate barricades, warning devices, and the necessary safety equipment according to Collier County Right -of -Way Ordinance. 1.3. Flagmen are required when two-way traffic is obstructed. 1.4. Blocking of a public right-of-way (ROW) or street, except under extreme emergency conditions, shall not be permitted without prior approval of the MSTU Project Manager and arrangements made with agencies having jurisdiction over the street to be closed. 1.5. For safe worker visibility, approved bright day -glow red/yellow/orange colored safety vests (Class 3) shall be worn by employees when servicing the area. 2. Reports 2.1. Reports shall be written in English. 2.2. Reports shall be e-mailed to the MSTU Project Manager prior to submission of monthly invoices for payment. Page 1 of 11 Exhibit A — Scope of Services 16AlQ Invitation to Bid (ITB) #22-7978 "Landscape Maintenance Radio Road MSTU Roadway" 2.3. Report sheets will be provided to the Contractor for this purpose. 2.4. Contractor's format may be acceptable, upon review and approval by the MSTU Project Manager. 3. Meetine Attendance 3.1. The Contractor shall attend all monthly MSTU Advisory Committee meetings to discuss the ongoing Landscape and Irrigation, per the weekly reports, and answer any resulting questions. 3.2. There shall be no additional charge for attendance at these meetings. 3.3. The Contractor shall be available for on -site inspection in the MSTU to verify work completed or to review open issues at the MSTU Project Managers' request. 4. General Provisions 4.1. The Contractor shall identify a singular point of contact with cellular phone, and e-mail for on -site and off -site communication to communicate with the MSTU Project Manager. 4.2. The Contractor shall provide a sufficient crew size for each Weekly Landscape Service to be completed within one (1) day, and if required, a consecutive day immediately following. 4.3. Replacement of plants, shrubs, trees, grass, or foliage due to neglect or damage by the Contractor, Contractor's employees, or a Sub -Contractor, as determined by the MSTU Project Manager, shall be at the Contractor's sole expense. 4.4. Accidents, theft, and vandalism shall be reported to the MSTU Project Manager on the same day as discovered, including pictures when reasonably available to be taken. SECTION I.: BASIC MAINTENANCE FUNCTIONS FOR WORK AREAS (WEEKLY/MONTHLY LANDSCAPE SERVICE) Weekly Landscape Service in the designated MSTU area(s) shall include trash removing, mowing, edging, weeding, general trimming and pruning, post -service cleaning, and inspecting and reporting. 1. Trash Pick -Up and Removal: I.I. At the start of the landscaping service day, the Contractor shall remove and dispose of all trash and debris from the service area and right-of-way prior to mowing. 1.2. This shall include, but is not limited to, horticultural and non -horticultural debris, palm fronds, tree branches and limbs, loose shrubbery, leaves, rocks, paper, bottles, cans, cigarette butts, and other miscellaneous objects on the ground or attached in the service area and the associated right-of-way. 1.3. The Contractor shall dispose of trash and debris at a proper landfill or disposal site. Page 2 of 11 Exhibit A — Scope of Services Invitation to Bid (ITB) #22-7978 "Landscape Maintenance Radio Road MSTU Roadway" 2. Mowin2 and Edtintj: 16A10 2.1. Mowing shall be performed in specified MSTU areas, including medians, along the outside edge of the sidewalks of adjacent properties, which the property owners do not currently maintain. 2.2. Right-of-way mowing of turf and applicable vegetation is required from the back of the curb or sidewalk to the right-of-way line. 2.3. Turf and groundcover shall be cut to a height of no less than three and one-half inches (3'/z"), and the height of the grass blade shall not exceed six inches (6"). 2.4. All turf shall be mowed with mulching -type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, bagged clippings shall be collected and removed at no additional cost to the MSTU. All equipment guards and deflectors are to be installed and functional. 2.5. The Contractor shall use appropriate mowing practices, alternate patterns, or walk -behind equipment within narrow or water- soaked areas to not create wheel ruts or wear down the turf. 2.6. Ruts caused by mowers shall be repaired at no additional cost to the MSTU. 2.7. The Contractor shall avoid mowing patterns that eject clippings, rocks, or any miscellaneous debris onto pedestrians and vehicles or into moving traffic. 2.8. Mechanical edging of turf boundaries shall be performed with each mowing to establish a clean line of demarcation and eliminate grass -root runners. 2.9. Edged areas shall include parking lots, sidewalk edges, back of curbs, plant beds, utility service boxes, street light bases, signposts, headwalls, guardrails, timer pedestals, posts, and trees; as well as around isolated trees, sprinkler heads, valve boxes, shrubs, signposts, and manholes, etc. where they exist. 2.10. Metal blade edging is not permitted along plant bed and turf boundaries where underground irrigation components are present. 2.11. Chemical herbicide shall not be used for edging. 2.12. Mowing and Edging of Sod are 35,000 square feet. Note, top shear and edge shear 11,000 sq feet, Asian jasmine once per month as part of mowing. 3. General Weedine 3.1. Weeding shall be performed weekly to provide a weed -free and well -maintained appearance, removing undesired and invasive vegetation on the ground (including palm pups). 3.2. Areas to be weeded include plant beds, mulched spaces, rocks, sidewalks (concrete, paver, asphalt, etc.), concrete medians, curb joints, utility bases, access boxes, guardrail bases, tree grates, etc. Page 3 of 11 Exhibit A — Scope of Services 16A10 Invitation to Bid (ITB) #22-7978 "Landscape Maintenance Radio Road MSTU Roadway" 3.3. Weeds that are less than 3-inches from plantings shall be hand -pulled. 3.4. The Contractor shall have the option to use a chemical weed -killer or pre -emergent upon approval by the MSTU Project Manager of both the location and product to be used. 3.5. Any plants damaged or killed by the application of chemical weed -killer or pre -emergent shall be replaced at the Contractor's expense within 72-hours. 3.6. Should concern be identified regarding chemical weeding, the MSTU Project Manager may direct that hand - weeding be performed. 4. General Trimming and Pruning 4.1. General Trimming and Pruning shall be defined as cutting all vegetation below a height of ten feet (10') to provide a tight, well -maintained appearance throughout the year. This includes groundcovers, shrubs, trees, and palms. 4.2. See below under `Schedule A Plant Specific Maintenance' for height specifications for various foliage within the MSTU area. 4.3. Within this specification, groundcovers, and shrubs are "trimmed," while trees and palms are "pruned." 4.4. Both trimming and pruning shall meet ANSI standards and include the removal of all diseased or dead vegetation, old leaf growth, broken branches, and suckers at tree bases. 4.5. Groundcovers and Shrubs shall be trimmed: 4.5.1. At regular intervals, generally monthly, except to allow for flowering. 4.5.2. With heights and shapes alternating by plant variety, or as determined by the MSTU Project Manager. 4.5.3. To an angled or rounded shape so as not to encroach over curbs or into roadways and pathways. 4.5.4. In a consistent manner for each plant variety to give the appearance of continuity throughout the landscape, adjusted as needed for local topography. 4.5.5. To maintain one foot (1') of clearance from the edge of curbs, sidewalks, roadways, pathways, etc. 4.6. Ornamental Grasses shall be trimmed: 4.6.1. After flowering, during the first two weeks of October and April. 4.6.2. At the base to remove old growth. 4.6.3. To provide a cone shape without a flat top. 4.7. Hedges (CLUSIA) on the right-of-way shall be trimmed: 4.7.1. To maintain a height of ten feet (10'). 4.7.2. To maintain a flat top and flat, vertical side toward the roadway. 4.7.3. To not extend over an adjacent sidewalk or roadway. 4.8. Trees and palms shall be pruned: 4.8.1. To clean out dead limbs, fronds, suckers, etc. 4.8.2. On a quarterly basis, or as needed, maintain a minimum ten -foot (10') canopy height over sidewalks and pedestrian pathways. Page 4 of 11 Exhibit A — Scope of Services 16A10 Invitation to Bid (ITB) #22-7978 "Landscape Maintenance Radio Road MSTU Roadway" 4.9. To maintain line -of -sight visibility, the vegetation of any kind within turn lanes, at median ends. Along intersections, roadsides shall be trimmed or pruned to eighteen inches (18") height by October 1st of each year and subsequently maintained to no more than twenty-four inches (24") per FDOT Indexes. 4.10. The general trimming and pruning are to be completed over the entire site once per month, unit price includes disposal costs. 4.11. The frequency of trimming or pruning may be adjusted under the direction of the MSTU Project Manager. 5. Post -Service Cleaning 5.1. On the same day as the weekly landscape service and before departing the MSTU, the entire service area shall be cleaned to maintain a neat and safe condition. 5.2. This includes removing any accumulation of debris or anything generated from the maintenance performed. 5.3. All hard surfaces shall be blown -down, including the four (4') foot area from the face of the sidewalks, gutters, and curbs, turn lanes, medians, adjacent parking lots, and athletic courts. 5.4. Blow -down shall be directed toward the existing landscape median or grass. 5.5. Grass clippings or other debris shall not be blown onto adjacent private property, accumulated on the right-of- way, paved areas, or blown into traffic or roadways. 6. Irrigation System Functions and Service Requirements 6.1. The landscape Contractor shall maintain the installed irrigation system for proper function. 6.2. The Contractor shall update and coordinate the watering schedules with the MSTU Project Manager as required for monitoring purposes and make recommendations to the MSTU Project Manager as conditions warrant. All irrigation change requests shall be confirmed via e-mail. The areas of responsibility include the weekly service requirements below: 6.2.1. It shall be the Contractor's responsibility to inspect, operationally test, and perform minor repairs to the irrigation system weekly to enable proper and safe operation. 6.2.2. Operational testing will be conducted using a cell phone application to test the entire system, electrical and mechanical. 6.2.3. Minor repairs include replacement of heads, nozzles, decoders, installation or replacement of risers, repair of minor/lateral PVC piping breaks or subsurface piping or restricted sprinkler lines, and replacement of damaged valve boxes/lids, etc. 6.2.4. If any irrigation issues beyond the scope of the weekly service are determined, the Contractor shall promptly notify the Irrigation MSTU Project Manager. 6.2.5. Visual inspection of the irrigation system(s) shall be performed to check for: ■ Cuts ■ Leaks ■ Pipe damage ■ Flooded areas Page 5 of 11 Exhibit A — Scope of Services �:�AD (6A10 Invitation to Bid (ITB) 422-7978 "Landscape Maintenance Radio Road MSTU Roadway" ■ Damaged or deteriorated valve boxes ■ Dry areas 6.2.6. Operational testing of the irrigation system(s) shall be performed to verify that source water is available and accessible. ■ Pumps are operating. ■ Control enclosures are intact, and controllers are powered and responding to inputs. ■ Controller activated zone control, zone sequence, and zone duration are operational. ■ Rain sensors are intact and functioning. ■ Valves are opened and closed to confirm proper function, either manually at the valve box or at the controller. ■ Spray patterns deliver complete water coverage while avoiding overspray. ■ Water meters are registering flow and water consumption readings are recorded. 6.2.7. Valve boxes shall be kept fully accessible and clear of debris inside, with lids fully closed when not being serviced. 6.2.8. Valve assemblies shall be inspected and cleaned, with sprinkler heads, nozzles, and screens cleared and adjusted. 6.2.9. Only County -approved replacement parts may be used, and only matched precipitation head replacements may be installed. All irrigation parts shall be supplied by Collier County under a separate annual contract. The landscape Contractor must arrange for pickup or delivery. 6.2.10. Repairs to defective or non -operational controllers shall be performed only after direct consultation and approval with the MSTU Project Manager. 6.2.11. Major repairs are not included in the weekly irrigation service. These include repairs to valves, controllers, electrical wiring, and main lines. Prior to proceeding, the MSTU Project Manager's approval is required to evaluate major repairs and the repairs may be quoted separately. 7. Inspectina and Reportine 7.1. The Contractor shall inspect all plant, shrub, tree, and grass areas in the MSTU during each week's set -vice to the site for completion and cleaning. 7.2. The Contractor shall be responsible for promptly notifying the MSTU Project Manager of any disease infestation, insect infestation, foliage die -off, irrigation issues, maintenance problems, additional necessary maintenance, or unusual occurrence or finding. 7.3. A complete Monthly Landscape Maintenance Report shall be filled in by the Contractor and submitted to the MSTU Project Manager no later than the third business day after the last service week of each month. 7.4. The MSTU Project Manager shall have the option to require a weekly submission, no later than Tuesday following the maintenance week. 7.5. The Contractor shall be available for on -site inspection within the MSTU area to verify work completed or to review open issues at the MSTU Project Manager's request. 8. Reporting 8.1. The MSTU Project Manager shall have the option to require a weekly submission, no later than the Tuesday following the maintenance week. 8.2. The Contractor shall be available for on -site inspection in the MSTU to verify work completed or to review open issues at the MSTU Project Manager's request. Page 6 of 11 Exhibit A — Scope of Services lA Invitation to Bid (ITB) #22-7978 6 A 10 "Landscape Maintenance Radio Road MSTU Roadway" SECTION II.: SITE -SPECIFIC MAINTENANCE FUNCTIONS FOR WORK AREAS 1. Clusia Hedge Pruning 1.1. Prune the front and top of the hedge to ten feet (10') 2. Canopy Tree and Palm Pruning 2.1. 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 overall pathways. 2.2. Within this specification, the term "canopy' shall be defined as any large shrub, tree, or palm with foliage at a height often feet (10') and above. 2.3. The portion of the canopy situated below ten feet (10') shall be maintained monthly, as described in the General Trimming and Pruning section of this specification. 2.4. Work shall be performed in a professional manner in accordance with accepted trade standards and practices. 2.5. Understory plantings shall be protected during pruning. 2.6. Pruning shall be accomplished using a pole saw, ladder, boom truck or lift. 2.7. Pruning shall not be accomplished by climbing. 2.8. All debris from the pruning shall be removed and the site shall be left in a clean and neat condition. 2.9. Canopy Trees shall be selectively pruned: 2.9.1. With guidance from a professional Certified Arborist provided by the Contractor at no additional cost to the county. 2.9.2. Two (2) times per year to maintain clearance. 2.9.3. One (1) time per year for structural pruning. 2.9.4. To thin cross branching and shape the trees. 2.9.5. The work shall be done in a professional manner. Any damaged materials or any incorrect pruning shall result in the replacement of that material at the expense of the Contractor. 2.10. Canopy Palms, including those identified as self-cleaning, shall be selectively pruned: 2.10.1. With the guidance of a professional Certified Arborist provided by the Contractor at no additional cost to the county. 2.10.2. Four (4) times per year to maintain a neat and cleaned appearance. 2.10.3. To remove all nuts, seed pods, and seed stalks. 2.10.4. To remove dead lower fronds while leaving live healthy fronds intact. 2.10.5. With fronds cut close to the petiole base without damaging living trunk tissue. 2.11. If live fronds need to be removed, including below the nine (9) o'clock - three (3) o'clock level from the base of the palm's bud or trunk, prior approval shall be obtained from the MSTU Project Manager. 3. Fertilizer Application: 3.1. Fertilizer is supplied by the County under a separate annual contract at the time of application with delivery Page 7 of 11 Exhibit A — Scope of Services Invitation to Bid (ITB) #22-7978 6 A 10 "Landscape Maintenance Radio Road MSTU Roadway" coordinatedby the receiving Contractor. The fertilizer is 8-0-8 So Po Mag 180 or equivalent. 3.2. Fertilizing shall be performed twice a year, (25 bags per application) in the months of October -November and April -May, outside of the rainy season. The unit price in the bid schedule is per bag installed. 3.3. Slow -release formulations shall be used when available. 3.4. Fertilizer shall be broadcast throughout the designated medians, planting beds, and turf areas. 3.5. Tree bases and pit areas shall be fertilized evenly so as not to produce a fertilizer ring. 3.6. Shrubs and groundcovers shall have the fertilizer blown or fan raked off the foliage following the broadcast application. 3.7. Fertilizers shall be removed from curbs, sidewalks, and any surfaces where staining may occur. 4. Ornamental and Turf Sprayin2 Application 4.1. Spraying of trees, shrubs, plants, and turf is to be performed by the certified Contractor to apply the chemicals (pesticides) used. 4.2. If the primary Contractor is not certified, a certified Sub -Contractor may be hired upon approval by the MSTU Project Manager and at no additional cost to the MSTU. 4.3. Every insecticide, fungicide, and herbicide chemical to be applied shall be approved by the Environmental Protection Agency for its intended use and manner of application. 4.4. The rate of application shall conform to specifications on the manufacturer's labels. 4.5. Applications shall be performed when the plant material is dry. 4.6. Special applications may be performed after quoting time and material and after prior approval of the MSTU Project Manager. The quote will be based on the rates identified in Section III. ADDITIONAL SPECIAL SERVICES FOR WORK AREAS of the bid schedule. 4.7. Schedule and time: 4.7.1. Spraying maybe performed upon prior approval by the MSTU Project Manager. 4.7.2. Time frames: Trees, Shrubs, Groundcovers, Turf: Beds: Chemical General Insecticide As needed Fungicide As needed Page 8 of 11 Exhibit A — Scope of Services Turf: Invitation to Bid (ITB) #22-7978 "Landscape Maintenance Radio Road MSTU Roadway" Chemical General Pre -emergent Post - emerge t Herbicide As Feb Sep Nov an Mar needed Chemical General Pre -emergent Post -emergent Herbicide As needed Feb Sep Nov Jan Mar 4.7.3. Records must be kept of all chemical (pesticide) applications, including: ■ Name of person performing the application. ■ Trade name & manufacturer. ■ Date & time of application. ■ Weather conditions. 5. Mulch Application 5.1. Mulch is supplied by Collier County under a separate annual contract at the time of application with delivery coordinated by the receiving Contractor. 5.2. The timetable for installing mulch shall be on an as -needed basis, upon direction by MSTU Project Manager, 5.3. All designated plant beds shall be mulched by covering all unplanted areas in the bed. 5.4. The areas to receive mulch shall be raked to establish a level base. 5.5. Areas to receive an initial application of mulch shall have mulch evenly distributed to provide a three-inch (3 ") non -compacted or unsettled depth, measured from the base. 5.6. Areas to be re -mulched shall have mulch evenly distributed to provide a two-inch (2") non compacted or unsettled depth, measured from the base. 5.7. Mulch shall be kept 2" to 3" away from soft ornamental plant stems such as Lillys to help prevent fungus. 5.8. Mulch shall not be placed over valves or valve boxes that are located within mulched areas. 5.9. All adjacent areas not mulched (curbs, sidewalks, roadways, etc.) shall be cleared of any mulch or foreign debris. 5.10. Upon completion of mulching, all excess material, bags, and foreign debris shall be collected and disposed of by the Contractor, leaving the overall landscape in a neat and orderly condition. 6. Pressure Cleanine 6.1. High-pressure water cleaning of brick, concrete, pavers, or other hard surfaces may be requested as needed. 6.2. Pressure cleaning shall be performed at the direction of the MSTU Project Manager. 6.3. Damage to the pressure cleaning area shall be promptly reported to the MSTU Project Manager for evaluation. 6.4. The unit price in the bid schedule is for up to 5000 square feet total, as needed per 1000 square feet. Page 9 of 11 Exhibit A — Scope of Services ��'A� 16A10 5.7. Mulch shall be kept 2" to 3" away from soft ornamental plant stems such as Lillys to help prevent fungus. 5.8. Mulch shall not be placed over valves or valve boxes that are located within mulched areas. 5.9. All adjacent areas not mulched (curbs, sidewalks, roadways, etc.) shall be cleared of any mulch or foreign debris. 5.10. Upon completion of mulching, all excess material, bags, and foreign debris shall be collected and disposed of by the Contractor, leaving the overall landscape in a neat and orderly condition. 6. Pressure Cleaning 6.1. High-pressure water cleaning of brick, concrete, pavers (see 22-7978 Exhibit M2 Pavers Images), or other hard surfaces may be requested as needed. 6.2. Pressure cleaning shall be performed at the direction of the MSTU Project Manager. 6.3. Damage to the pressure cleaning area shall be promptly reported to the MSTU Project Manager for evaluation. 6.4. The unit price in the bid schedule is for up to 5000 square feet total, as needed per 1000 square feet. 7. Price Modifications 7.1. Price increase requests may be submitted on an annual basis after the initial term of the contract. Retroactive price adjustments are not authorized. Price increase requests may be submitted on an annual basis after the initial year and may be adjusted annually at the time of each contract anniversary, beginning 12 months after the contract effective date based on the percent change (up or down) of the Producers Price Index (PPI). All requests must be submitted to the County Representative or designee. Any requested adjustment shall be fully documented and submitted to the County no less than thirty (30) days prior to the contract anniversary date. Any approved cost adjustments shall become effective as of the anniversary date or upon Procurement Director/Board approval. 7.1.1. Contractor shall provide supporting documentation justifying price increases (examples: Contractor's material agreements, distributor invoices, proof of fuel increases, etc.). 7.1.2. County Representative or designee shall analyze prices to determine if increases are fair and reasonable using the following methods: price competition (reviewing competitive bids or offers), market prices, historical prices, or independent estimates. 7.1.3. Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. 7.1.4. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The bid tabulation shall be modified with the price increases and uploaded into the County's Finance system. 7.1.5. Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. 7.2. The County may, after examination, refuse to accept the adjusted costs if they are not properly documented, are considered to be excessive, or if decreases are considered to be insufficient. In the event the County does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the County, a contract termination will have to be processed. SECTION III.: ADDITIONAL SPECIAL SERVICES FOR WORK AREAS The Contractor is expected to maintain all of the landscape all of the time, the items in Section III of the bid tab are added to allow the Contractor to quote and get authorization to perform non-standard maintenance caused by auto accidents, fires, hurricanes, new diseases, and insects. (CAG 16AIO Invitation to Bid (ITB) #22-7978 "Landscape Maintenance Radio Road MSTU Roadway" Schedule A Plant Specific Maintenance The following table lists specific plant varieties and acceptable pruning for each. During the course of this contract, pruning specifications may be changed or added at the direction of the MSTU Project Manager. All changes to this table shall be submitted in writing to the Contractor for implementation. If changes in the table result in a different cost of service, the Contractor shall submit a change request in writing to the MSTU Project Manager detailing the additional work and price difference. Scientific Name Common Name Action Areca Palm Dypsis Lutrescens All "pups" are to be removed to keep the base of the palm clean. Asian Jasmine Trachelospermu To be trimmed at 4-6" in height and be edged at sidewalks, in Asiaticum trees, etc. Do not allow Jasmine to climb; hand weed, no roundup. B ougainvillea 'Silhouette' Silhouette To be trimmed to 24". During the rainy season cut individual or Bougainville Malice Bougainville shoots back as they appear a Clusia guttifera Clusia'Dwarf Trim to 6' on top and face shear so as not to encroach onto the sidewalk Gold Mound Duranta Gold Mound To be trimmed to 24" Ficus macrocarpa'Green Island' Green Island Ficus Trim to 6' on top and face shear so as not to encroach onto the sidewalk. Ilex vomitoria'Nana Schillings' Ilex'Schillings Dwarf To be trimmed to 36" maximum or 24" if in line of sight Juniperus chinensis 'Parsonii' Parson's Juniper Trim dead stems. To be trimmed overall to 24" Lantana'Gold Mound' Gold Mound Lantana Trim to 18" to prevent the plant from becoming leggy Muhlenbergia capillaris Muhly Grass Trim to pyramid shape once to twice a year after flowering Ligustrum japonicum' Wax privet Prune to remove crossing or damaged trunks Plumbago auriculata Plumbago Pruning to maintain plant definition, not to exceed a height of 36" Hamelia patens Firebush To be trimmed maintaining a maximum height of 6' when designed as a hedge. When planted in an area where line of sight must be maintained, the maximum height should be 24". Ixora coccinea Ixora To be trimmed maintaining a maximum height of 6' when designed for a hedge. When planted in an area where line of sight must be maintained, the maximum height should be 24". Myrsine africana Myrsine To be trimmed maintaining a maximum height of 6' when designed for a hedge. When planted in an area where the line of sight must be maintained, maximum height should be 24". Page 11 of 11 Exhibit A — Scope of Services 16AIQ Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 Fixed Term Service Agreement 2022_Ver.2 INVITATION TO BID ITB#22-7978 A (� "LANDSCAPE MAINTENANCE RADIO ROAD MSTU ROADWAY" n U EXHIBIT B FEESCHEDULE SUPERIOR LANDSCAPING LAWN SERVICE INC. ITEM 1 DESCRIPTION Trash Pickup and Removal (Includes disposal costs) UNIT I UNIT PRICE 2 Mowing and Edging of sod is 35,000 square feet Ea $ 83.77 (Top shear and edge shear 11,000 sq feet Asian jasmine once per month as part of mowing) Ea $ 344.89 3 General Weeding (Shrubs, Planting beds, ground covers for a weer! -free site) Ea $ 194.27 4 General Tramming and Pruning (completed over entire site once per month. Includes disposal costs) Ea $ 1,149.58 5 Post Service Cleaning (Street Cleaning after maintenance work) Ea $ 83.77 6 Inigation Systems Functions and Service Requirements (use a cell phone to activate zones) Ea $ 185.45 SECTION It: SITE SPECIFIC MAINTENANCE FUNCTIONS FOR WORK AREAS 7 lClusia Hedge Pruning -Prune from and top of hedge to VY feet Ea 919.66 CANOPY TREE AND PALU (Certified Arborisl Required) 8 Mature Canopy Trees (various species) -Lift 1 Y off sidewalks and 15' off roadways- January structural once per year. Approximately 65 trees. Ea 1 742.41 9 All Palms (various species and sizes) per tree includes seed pods. Four times a year 25 palms Ea 464.00 FERTILIZER APPLICATIO% Turf, Groundcover, Shrubs, and Trees 10 &0-8 So Po Mag 180 or equivalent; (twice a year, 25 bags per application; total bags applied Unit Price per bag installation (Fertilizer supplied by the County) Ea 16.08 I r)RNa61PNTa1 esrn Tr coo coon . - 11.r,- - -- 11 Groundcover, Shrubs, & Trees: Insecticides as needed (Contractor supplies Chemical) applies to total roadway per month Ea 200.00 12 Groundcover, Shrubs, & Trees: Fungicides as needed (Contractor supplies Chemical) applies to total roadway per month Ea 200.00 13 Groundcover, Shrubs, & Trees: Herbicides as needed (Contractor supplies Chemical) applies to total roadway per month Ea 196.00 14 Groundcover, Shrubs, Herbicides for torpedo grass as needed applies to total roadway per month Ea 190.00 15 Soil drench for while fly infestation. Once per year as directed (per 100 feet of hedge) Ea 200.00 16 Turf. Insecticides & Fungicides for 35,000 sq. R. sod as needed 58900 17 Turf: Herbicides for 35,000 sq. ft sod as needed. Ea 588.89 48 smulch) ... Ea 1-14868 PRESSURE CLEANING 19 jPressure Cleaning Brick Pavers up to 5000 square feet total, as needed per 1000 square feetI Ea 11372.51 SECTION III: ADDITIONAL SPECIAL SERVICES FOR WORK AREAS 20 1 Irrigation Supervisor (per man hour) Hr. 75.00 21 Supervisor (per man hour) Hr. 75.00 22 Irrigation Technician (per man hour) Hr. 75.00 23 Laborer/Helper (per man hour) Hr. 65.00 24 Irrigation System Review (Unit per hour) Hr. 129.00 25 Staking and removal of staking of Small Palm (4"-6" Caliper) Ea 95.00 26 Staking and removal of staking of Large Patens (Caliper greater than 6") Ea 139.00 27 Staking and removal of staking of Small Canopy Tree (2x2 posts and guy wire, 4"-6" caliper) Ea 139.00 28 Staking and removal of staking of Large Canopy Tree (2x4 posts, greater than 6" caliper) Ea 229.00 29 Restanding and Staking Small Palm (4"-6" Caliper) Ea 229.00 30 Restanding and Staking Large Palms (Caliper greater than 6") Ea 279.00 31 Restanding and Staking Small Canopy Tree (2x2 posts and guy wire, 4"-6" caliper) Ea 329.00 32 Restaking Large Canopy Tree (2x4 posts, greater than 6" caliper) Ea 350.00 33 Bobcat and Operator (Unit per hour) Hr. 150.00 34 Stump Grinder and Operator (Unit per hour) Hr. 275.00 35 ITruck Operator (Class B or higher current State of Florida Driver License) (Unit per hour) Hr. 89.00 39 MATERIALS MARK-UP: Cannot exceed fifteen percent (15%). The percentage does not affect the bid award. 15% *ESTIMATED TOTAL MAN- HOURS TO PERFORM REQUIRED SERVICES per week. Minimum of two men on site at once. " County Observed Holidays and Outside of Regular Business Hours Rates shall be billed at (1.5 X Straight Time Hourly) County not awarding this line item. loft 16AIQ Other Exhibit/Attachment Description: ❑ following this page (containing pages) ❑■ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement 2022_Ver.2 �-, I6A10 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) Voi/ui LULL 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 NAME: Guerrero Brown & Brown of Florida, Inc. PHONE (305) 714-4400 FAx (305) 714-4401 A/C No Ext : 8825 NW 21st Terrace Julio.Guerrero@bbrown.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Doral INSURERA: Twin City Fire Insurance Company 29459 FL 33172 INSURED INSURER B : Hartford Insurance Company of the Midwest 37478 Superior Landscaping & Lawn Service Inc INSURER C : The North River Insurance Company 21105 PO Box 35-0095 INSURER D : FFVA Mutual Insurance Co. 10385 INSURER E: Westchester Surplus Lines Insurance Company Miami FL 33135 1 INSURER F : %1VvCRAUCJ CERTIFICATE NUMBER: CI-ZZPER PROJECT ocv101AKIl.uuA000. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUUL1bUbK INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 A Y 21UENOL4176 12/01/2021 12/01/2022 GEN'L AGGREGATE LIMITAPPLIES PER: PRO- X PRO GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG 2,000,000 $ POLICY JECT LOC OTHER: Employee Benefit Liab $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ B OWNED SCHEDULED AUTOS ONLY AUTOS Y 21UENOL9067 12/01/2021 12/01/2022 BODILY INJURY Per accident ( ) $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per accident $ Medical payments $ 5,000 X UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 C EXCESS LIAB 5821180146 12/01/2021 12/01/2022 DED I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' PER OTH- X STATUTE X ER LIABILITY Y / N E.L. EACH ACCIDENT $ 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N/A WC84000345042021A 12/01/2021 12/01/2022 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below E Pollution Liability G7091878AO04 12/06/2021 12/06/2022 Limit of Insurance $1,000,000 Deductible $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Contract No. 22-7978 — Landscape Maintenance Radio Road MSTU Roadway Collier County Board of County Commissioners, or, Board of County Commissioners in Collier County, OR, Collier County Government, OR and Collier County are additional insured on a primary and non-contributory basis with regards to General Liability and Auto Liability coverage when required by written contract. IiMI\IiCLLA 1 1 V ry 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 16A1(� AGENCY CUSTOMER ID: LOC #: ACCRQ® ADDITIONAL REMARKS SCHEDULE AGENCY Brown & Brown of Florida, Inc. POLICY NUMBER CARRIER AnnITInKIA1 DCIIAADLIC NAIC CODE NAMED INSURED Superior Landscaping & Lawn Service Inc EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes CRIME POLICY Policy #: 8250-6693 Carrier: Federal Insurance Company Effective: 12/01 /2021-12/01 /2022 Employee Theft Limit: $1,000,000 Retention: $10,000 Page of 101 (2008101) © 2008 ACORD CORPORATION. All riahts reserved The ACORD name and logo are registered marks of ACORD