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#22-8004 (Ground Zero Landscaping Services, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initi s Date 1. Risk Risk Management /I/Rfu 2. County Attorney Office County Attorney Office 1 f► zz-- 4. BCC Office Board of County Commissioners (iM h1 f S( t(/10 Z Z 4. Minutes and Records Clerk of Court's Office l( 10 a" 10:°k 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 one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Patrick O'Quinn/PROCUREMENT Contact Information 239-252-8407 Contact/ Department Agenda Date Item was NOVEMBER 8TH,2022 Agenda Item Number 16.A.5. Approved by the BCC Type of Document FIXED TERM SERVICE Number of Original 1 Attached AGREEMENT Documents Attached PO number or account N/A 22-8004 GROUND ZERO number if document is LANDSCAPE LANDSCAPING to be recorded MAINTENANCE FOR SERVICES, INC. VANDERBILT BEACH MSTU INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature 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 signature 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 11/08/2022 and all changes made durineECE(`/ED of the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. NOV 08 2022 this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made,and the document is ready forte MallagemeR option for Chairman's signature. his line. FIXED TERM SERVICE AGREEMENT # 22-8004 for "Landscape Maintenance for Vanderbilt Beach MSTU" THIS AGREEMENT, made and entered into on this 3" day of w "'b-Cr 20 22 , by and between GROUND ZERO LANDSCAPING SERVICES INC. authorized to do business in the State of Florida, whose business address is 1907 Fairfax Circle, Naples, FL 34109 , (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 ; or ill on February 27, 2023 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 ❑ abffehase--Q r ® Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I■I Invitation to Bid (ITB) Other ( )# 22-8004 , 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 Agreement 2022_Ver.2 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): • • transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rath , s a +her-ized- • • • • timekeeping or payroll records), material or equipment invoices, and other reimbursable doeumenta �jeet- 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 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. 4.5 n e+mbt rsable--F eases: expenses shall be reimbursed as per Section 112.061 Fla. Stats. • Mileage eile PtFeakfast $6700 -Lunch $44.O8 Dinner $19.00 Airfare Rental car vehicles cap of no more than $150.00 per night Actual cost of parking • sine • • 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: GROUND ZERO LANDSCAPING SERVICES INC. Address: 1907 Fairfax Circle Naples, FL 34109 Authorized Agent: Aaron Gross, President Attention Name & Title: Telephone: (239) 821-3472 E-Mail(s): GZLS@NAPLES.NET Page 3 of 17 Fixed Term Service Agreement 2022_Ver.2 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 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. II 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. 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. III 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. II 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. D. I E. Page 5 of 17 Fixed Term Service Agreement 2022_Ver.2 (1� F. El : Covcragc shall have minimum limits of$ per claim. 6. n : Covcragc shall have minimum limits of$ per claim/Occurrence. H : Coverage chall have minimum limits of$ per claim/Occurrence. 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 �Any 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), IUD Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ n ITB/❑ Other #22-8004 ❑ subsequent t 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 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 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: PublicRecordRequest(c�colliercountyfl.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 R\.C.P.P 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. • 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. U 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 �.A�l 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. I■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. I] 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 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. 34. II this project shall be knowledgeable in their areas of expertise. The County reserves the • Page 11 of 17 Fixed Term Service Agreement 2022_Ver.2 met: (1) Preposcd rcptaceme is have sub the same or better qualifications and/or experience. (2) that persehhei7 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. v'p���-TQ'_�C �DDCf`Cr1GA1(`G /�`r•.n+ Carr'-aiwun�-,----irrci�'ii-�v�iit v c.. y all other Contract Documents, onditions, if any, or 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 r 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. 0■ 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 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 Crystal K. Kinzel, Clerk of the Circuit COLLIER COUN , FLORIDA Court and Comptroller • - 6.,e) By. ,BY: A /t, �p Wil m L. McDaniel, Jr. , Chairman Dated: ►1, .-,,.,l► i / J SSE 'ice'., .. ., a • ". . sttgnatuVV'nly. GROUND ZERO LANDSCAPING SERVICES INC. Contractor's Witnesses: Contractor 0 Aktyrz-prj By: /1"?neb /124" • Contras or's First Witness Anitre) pies ,) roSS t t\. 5\\E O00 TType/print signature and title TType/print witness nameT 'elii" ? Contract c Second Witness 2a' 3 g 'Type/print witness name A ro ed - • to o nd Legality: G �.u� County Attorney t• - Q ---7,-LGL Print Name Page 14 of 17 Fixed Term Service Agreement 2022_Vet.2 Exhibit A Scope of Services • following this page (containing 12 pages) n this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement 2022_Ver.2 Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" EXHIBIT A SCOPE OF SERVICES DETAILED SCOPE OF WORK The Contractor shall provide all labor, tools, and materials necessary to provide Landscape Maintenance services within the boundaries of the Vanderbilt Beach Municipal Service Taxing Unit(MSTU). The areas of work included in these specifications are located as described below and as shown on the plans attached to these specifications, including sidewalks, curbing, guardrails, landscaping, and irrigation observation as described in the solicitation. Those areas where curbing, crosswalks, benches, landscaping, and irrigation systems have been installed to date, as described/depicted as follows: • An area on the north right-of-way of Vanderbilt Beach Road and west of Vanderbilt Beach Drive to the Regatta entrance. Includes the paver sidewalk, paver crosswalk at the Regatta entrance, one bench, and Floratam sod on the south side of the sidewalk. • An area north of area 1 and south of Palm Court covering the landscape between sidewalk and street. • The west right-of-way (ROW) of Vanderbilt Drive starting at the south edge of 490 Palm Court to Bluebill Ave./111th Ave. from the edge of pavement to the right of way line. (Maintenance area consists of 1.2 miles of the western ROW side of Vanderbilt Drive; no medians) • The east 160 feet of Conner Park abutting Vanderbilt drive. Includes all landscape, paver sidewalks, signs, and fences. The NW corner of Vanderbilt Drive and Bluebill is bounded by the north sidewalk and Bluebill Ave, Vanderbilt Drive, and the edge of the parking lot. Includes the lift station wall, sign and fence, paver sidewalks, and all landscape. • The southeast corner right of way of Gulf Shore Drive and Bluebill Ave. It consists of 17 Sabal Palm Trees. • A complete list providing paver (crosswalks, bench pads, and sidewalks) and bench locations is included, most of which are included within areas 1-17. Page 1 of 12 Exhibit A — Scope of Services CAW Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" SECTION I. BASIC MAINTENANCE FUNCTIONS Weekly Landscape Service in the designated MSTU area(s) — details described below - shall include trash removal, mowing, edging, weeding, general trimming & pruning, post-service cleaning, and inspecting & reporting. Weekly Mowing&Edging are 60,976 sq. ft. Sod. 1. Trash Removing 1.1. At the start of Landscape Maintenance Service on the day of service and prior to mowing, the Contractor shall remove and dispose of all trash and debris from the service area and right-of-way. 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. Disposal of trash and debris shall be at a proper landfill or disposal site. 2. Mowing& Edging 2.1. Mowing shall be performed in specified MSTU areas, 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 vegetation shall be cut to a height of no less than three and one-half inches(3'/2"), and the height of the grass blade shall not exceed six inches(6"). 2.4. Roadside swales shall be mowed throughout the entire year. When mowing is not possible due to standing water or soft ground, string trimmers shall be used to reduce the height of turf and vegetation to the waterline. 2.5. 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. 2.6. 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. 2.7. Ruts caused by mowers shall be repaired at no additional cost to the MSTU. 2.8. The Contractor shall avoid mowing patterns that eject clippings, rocks, or miscellaneous debris onto pedestrians and vehicles or into moving traffic. 2.9. Mechanical edging of turf boundaries shall be performed with each mowing to establish a clean line of demarcation and eliminate grass-root runners. 2.10.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. Page 2 of 12 Exhibit A — Scope of Services Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" 2.11.Metal blade edging is not permitted along plant bed and turf boundaries where underground irrigation components are present. 2.12.Chemical herbicide shall not be used for edging. 3. General Weeding 3.1. Weeding shall be performed weekly throughout the year to provide a weed-free and well-maintained appearance,removing undesired and invasive vegetation on the ground(including palm pups and tree suckers). 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. 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 applying chemical weed-killer, or pre-emergent shall be replaced at the contractor's expense. 3.6. Should concern be identified regarding chemical weeding,the MSTU Project Manager may direct that hand- weeding be performed. 4. General Trimming&Pruning 4.1. General Trimming & 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 Schedule A—Plant Specific Maintenance for specifications and heights for various foliage within the MSTU. 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, crossed branches, and suckers at tree bases. 4.5. Groundcovers and Shrubs shall be trimmed: 4.5.1.After flowering,during the first two weeks of October and April 4.5.2.at the base to remove old growth 4.5.3.In a manner to provide a cone shape and without a flat top 4.6. Hedges on the right-of-way shall be trimmed: 4.6.1.To maintain a height of six feet(6')unless directed otherwise. 4.6.2.Not extend over an adjacent sidewalk or roadway. 4.6.3.To maintain a flat surface on the top and exposed vertical sides 4.7. Property Owner Exception: 4.7.1.Effected only upon written request from the Property Owner and signed approval by the MSTU Project Page 3 of 12 Exhibit A — Scope of Services t; Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" Manager. 4.7.2.Property Owner agrees to maintain hedge at a maximum height of ten feet(10')at their expense, consistent with the top and vertical side specifications described above. 4.7.3.The exception may be canceled at any time by the MSTU Project Manager. 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. 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 trimming and pruning will be completed for the entire area once a month. 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 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. Inspecting&Reporting 6.1. The Contractor shall inspect all plant, shrub,tree, and grass areas in the MSTU during each week's service to the site for completion and cleaning. 6.2. The Contractor shall promptly notify 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. 6.3. 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. 6.4. The MSTU Project Manager shall have the option to require a weekly submission no later than Tuesday following the maintenance week. 6.5. The Contractor shall be available for on-site inspection in the MSTU to verify work completed or review open issues at the MSTU Project Managers' request. Page 4 of 12 Exhibit A —Scope of Services CAO Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" 7. Miscellaneous Responsibilities 7.1. The removal of existing trees and palm staking shall be the Contractor's responsibility. 7.2. To avoid damage to curbs and turf, the Contractor shall provide and utilize ramps or other devices for ingress and egress, as needed. Damage attributable to the Contractor shall be repaired at the Contractor's expense, as determined by the MSTU Project Manager. 8. Weekly Irrigation Service 8.1. The Contractor shall maintain the installed irrigation system's proper function. 8.2. 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. 8.3. Weekly Service Requirements 8.3.1.It shall be the Contractor's responsibility to inspect, operationally test using a mobile phone and perform minor repairs to the irrigation system on a weekly basis to enable proper and safe operation. 8.3.2.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, replacement of damaged valve boxes/lids, etc. 8.3.3.If any irrigation issues beyond the scope of the weekly service are determined, the Contractor shall promptly notify the Irrigation MSTU Project Manager. 8.3.4.Visual inspection of the irrigation system(s)shall be performed to check for: • Cuts • Leaks • Pipe damage • Dry area • Flooded areas • Damaged or deteriorated valve boxes 8.3.5.Operational testing of the irrigation system(s) shall be performed to verify that source water is available and accessible. • Pumps, if any,are operating • 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 register flow,and water consumption readings are recorded. 8.3.6.Valve boxes shall be kept fully accessible and clear of debris inside, with lids fully closed when not being serviced. 8.3.7.Valve assemblies shall be inspected and cleaned, with sprinkler heads, nozzles, and screens cleared and adjusted. 8.3.8.Only County-approved replacement parts may be used, and only matched precipitation head replacements may be installed. Collier County shall supply all irrigation parts under a separate annual contract. The landscape contractor must arrange for pickup or delivery in accordance with the Division's Standard Operating Procedures(SOPs). 8.3.9.Repairs to defective or non-operational controllers shall be performed only after direct consultation with Page 5 of 12 Exhibit A —Scope of Services Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" the Irrigation MSTU Project Manager. 8.3.10. Major repairs are not included in the weekly irrigation service. These include repairs to valves, controllers, electrical wiring, and main lines. Prior to proceeding, major repairs shall be evaluated and quoted separately and may be sourced from others. 9. Reporting 9.1. A complete Monthly Irrigation 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. (Part of the Monthly Landscape Maintenance Report). 9.2. The MSTU Project Manager shall have the option to require a weekly submission no later than the Tuesday following the maintenance week. 9.3. The Contractor shall be available for on-site inspection in the MSTU to verify work completed or review open issues at the MSTU Project Manager's request. 9.4. Records 9.4.1.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. SECTION II: SITE-SPECIFIC MAINTENANCE FUNCTION 1. Canopy Tree and Palm Pruning 1.1. All canopy trees and palms shall be pruned regularly to create and maintain a fifteen-foot(15')canopy clearance over the roadways and a ten-foot(10')canopy clearance overall pathways. 1.2. Within this specification,the term "canopy' shall be defined as any large shrub,tree,or palm with foliage at the height of ten feet(10')and above. 1.3. The portion of the canopy situated below ten feet(10')shall be maintained weekly,as described in the General Trimming&Pruning section of this specification. 1.4. Work shall be performed professionally in accordance with accepted trade standards and practices 1.5. Understory plantings shall be protected during pruning. 1.6. Pruning shall be accomplished using a pole saw, ladder,boom truck,or lift. 1.7. Pruning shall not be accomplished by climbing. 1.8. All debris from the pruning shall be removed and disposed of, and the site shall be left in a clean and neat condition. 1.9. Canopy Trees shall be selectively pruned: 1.9.1. With guidance from a Certified professional Arborist provided by the Contractor at no additional cost to the Page 6 of 12 Exhibit A —Scope of Services Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" County. 1.9.2. Two(2)times per year to maintain clearance. 1.9.3. One(1)time per year for structural pruning. 1.9.4. To thin cross branching and shape the trees. 1.9.5. The work shall be done professionally. 1.9.6. Any damaged materials or any incorrect pruning shall result in the replacement of that material at the Contractor's expense. 1.10.Canopy Palms, including those identified as self-cleaning, shall be selectively pruned: 1.10.1. With guidance from a Certified professional Arborist provided by the Contractor at no additional cost to the county. 1.10.2. Four(4)times per year to create a neat and clean appearance. 1.10.3. To remove all nuts, seed pods,and seed stalks. 1.10.4. With fronds cut close to the petiole base without damaging living trunk tissue. 1.11. 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. 2. Fertilizer Application 2.1. Fertilizer is supplied by Collier County under a separate annual contract at the time of application,with delivery coordinated by the receiving Contractor. 2.2. Fertilizing shall be performed twice a year in the months of October-November and April-May, outside of the rainy season. 2.3. Slow-release formulations shall be used when available. 2.4. Fertilizer shall be broadcast throughout the designated medians, planting beds, and turf areas. 2.5. Tree bases and pit areas shall be fertilized evenly not to produce a fertilizer ring. 2.6. Shrubs and groundcovers shall have the fertilizer blown or fan raked off the foliage following the broadcast application. 2.7. Fertilizers shall be removed from curbs,sidewalks, and any surfaces where staining may occur. 3. Mulch Application 3.1. Mulch is supplied by Collier County under a separate annual contract at the time of application,with delivery coordinated by the receiving Contractor. 3.2. The timetable for installing mulch shall be on an as-needed basis,upon direction by MSTU Project Manager. 3.3. All designated plant beds shall be mulched by covering all unplanted areas in the bed. 3.4. The areas to receive mulch shall be raked to establish a level base. 3.5. Areas to receive an initial mulch application shall have mulch evenly distributed to provide a three-inch(3")non- Page 7 of 12 Exhibit A —Scope of Services Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" compacted or unsettled depth measured from the base. 3.6. 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. 3.7. Mulch shall be kept two inches(2")to three inches(3")away from soft ornamental plant stems such as Lillys to help prevent fungus. 3.8. Mulch shall not be placed over valves or valve boxes located within mulched areas. 3.9. All adjacent areas not mulched(curbs, sidewalks,roadways, etc.)shall be cleared of any mulch or foreign debris. 3.10. 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. 4. Ornamental& Turf Spraying 4.1. Application 4.1.1. Spraying of trees, shrubs, plants, and turf is to be performed by the Contractor, who must be certified to apply the chemicals(pesticides) used. 4.1.2. 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. 4.1.3. 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. 4.1.4. The application rate shall conform to specifications on the manufacturer's labels. 4.1.5. Applications shall be performed when the plant material is dry. 4.1.6. Special applications may be performed after prior approval of the MSTU Project Manager 4.2. Schedule 4.2.1. Spraying may be performed upon prior approval by the MSTU Project Manager. 4.2.2. Time frames: • Trees,Shrubs,Groundcovers,Turf Chemical General Insecticide As needed Fungicide As needed • Beds Chemical General Pre-emergent Post-emergent Herbicide As Feb Sep Nov Jan Mar needed • Turf Chemical General Pre-emergent Post-emergent Herbicide As Feb Sep Nov Jan Mar needed Page 8 of 12 Exhibit A —Scope of Services �p,� Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" 5. Pressure Cleaning 5.1. High-pressure water cleaning of brick,concrete,pavement or other hard surfaces may be requested as needed. 5.2. Pressure cleaning shall be performed at the direction of the MSTU Project Manager as described in the Bid Schedule quoted by the Contractor and approved in advance upon issuance of a Notice-to-Proceed(NTP). 5.3. Damage to the pressure cleaning area shall be reported promptly to the MSTU Project Manager for evaluation. 5.4. Brick Paver maintenance includes all pavers at bench sitting areas#1 thru#17. 6. Maintenance of Traffic(MOT) 6.1. The Contractor shall verify current MOT certification and comply with Collier County's Maintenance of Traffic (MOT)Policy requirements, available from the County Risk Management Division. 6.2. The Contractor shall utilize adequate barricades, warning devices, and the necessary safety equipment according to Collier County Right-of-Way Ordinance. 6.3. Flagmen are required when two-way traffic is obstructed. 6.4. 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. 6.5. 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. 7. Reports 7.1. The Reports shall be written in English. 7.2. Each report shall be e-mailed to the MSTU Project Manager and Designees prior to submitting monthly invoices for payment. 7.3. Report sheets in County format will be provided to the Contractor. 7.4. Contractor's format may be acceptable upon review and approval by the MSTU Project Manager. 8. Meeting Attendance 8.1. The Contractor shall attend all monthly MSTU Advisory Committee meetings to discuss the ongoing of the Landscape and Irrigation, per the weekly reports, and answer any resulting questions. 8.2. There shall be no additional charge for attendance at these meetings. 8.3. 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. Page 9 of 12 Exhibit A —Scope of Services Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" 9. Price Modifications 9.1. Price increase requests may be submitted on an annual basis after the initial year of the contract. Retroactive price adjustments are not authorized. Price increase requests may be submitted on an annual basis after the initial term 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 Consumer Price Index (CPI) and or 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. 9.1.1. Contractor shall provide supporting documentation justifying price increases (examples: Contractor's material agreements, distributor invoices,proof of fuel increases, etc.). 9.1.2. 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. 9.1.3. Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. 9.1.4. 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. 9.1.5. 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. 9.2. 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. 10. General Provisions 10.1.The Contractor shall identify a singular point of contact with radio, cellular phone, and e-mail for on-site and off-site communication to communicate with the MSTU Project Manager. 10.2.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. 10.3.Professional courtesy,conduct,and clothing are expected at all times. 10.4.Replacement of plants, shrubs, trees, grass, or foliage due to death caused by neglect or damage by the Contractor, Contractor's employees, or a Subcontractor, as determined by the MSTU Project Manager, shall be at the Contractor's sole expense. 10.5.Accidents,thefts, and vandalism shall be reported to the MSTU Project Manager on the same day as discovered, including pictures when reasonably available to be taken. 11. Contractor Employees 11.1.All Contractor employees working under this specification shall,at all times,be sole employees of the Contractor's company and under the Contractor's sole direction and not an employee or agent of Collier County. Page 10 of 12 Exhibit A —Scope of Services Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" 11.2.The Contractor shall supply competent and physically capable employees. 11.3. At the direction of the MSTU Project Manager,the Contractor shall remove any employee deemed careless, incompetent, insubordinate, or otherwise objectionable and whose continued services are not in the county's best interest. 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 in advance from the MSTU Project Manager to perform non-standard maintenance caused by auto accidents,fires, hurricanes,new diseases,and insects. The services with an associated hourly rate conducted on a County Observed Holidays and Outside of Regular Business Hours Rates shall be billed at (1.5 X Straight Time Hourly). Page 11 of 12 Exhibit A —Scope of Services ,— Invitation to Bid (ITB) #22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" Schedule A-Plant Specific Maintenance The following table lists specific plant varieties and acceptable pruning for each.For the duration 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. Silhouette To be trimmed to 24". During the rainy season,cut individual shoots back as Bougainvillea'Silhouette' Bougainvillea they appear. Bougainvillea Helen Dwarf To be trimmed to 24". During the rainy season,cut individual shoots back as Johnson Bougainvillea they appear. 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 Ficus Trim to 6'on top and face shear so as not to encroach onto the sidewalk. 'Green Island' Ilex vomitoria'Nana Ilex'Schillings To be trimmed to 36"maximum or 24"if in line of sight. Schillings' Dwarf Juniperus Chinensis Parsons Juniper Trim dead stems. To be trimmed overall to 24." 'Parsonii' _ Lantana'Gold Mound' Gold Mound Trim to 18"to prevent the plant from becoming leggy Lantana Muhlenbergia capillaris Muhly Grass Trim to pyramid shape once to twice a year after flowering Pruning to maintain plant definition,not to exceed a height of 36",24"within Plumbago auriculata Plumbago sightlines To be trimmed by maintaining a maximum height of(6')when designed as a Hamelia patens Firebush hedge. When planted in an area where line of sight must be maintained,the maximum height should be 24." To be trimmed,maintaining a maximum height of 6'when designed for a Ixora coccinea Ixora hedge. When planted in an area where line of sight must be maintained,the maximum height should be 24". To be trimmed,maintaining a maximum height of 6' when designed for a Ixora Coccinea Petite Red Dwarf Red Ixora hedge. When planted in an area where line of sight must be maintained,the maximum height should be 24". Varigated Dwarf When planted in an area where line of sight must be maintained,the maximum Schefflera Arboricola Schefflera height should be 24 . To be trimmed,maintaining a maximum height of 6' when designed for a Myrsine Africana Myrsine hedge. When planted in an area where line of sight must be maintained,the maximum height should be 24". When planted in an area where the line of sight must be maintained,the Dietes Bicolor Yellow African Iris maximum height should be 24". Clerodendrum Starburst Heavy prune once a year at 36"to 48." Quadrilcilare Starburst Dlerodendrum ligustrum Japonicum Japanese Previt Prune to shape,maintain height at less than 10 feet Orange Bird of Remove dead flowers and stems Strelitzia reginae Paradise Page 12 of 12 Exhibit A —Scope of Services �-�, 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#22-8004 "Landscape Maintenance for Vanderbilt Beach MSTU" Exhibit B Fee Schedule Ground Zero Landscaping Services Inc. SECTION I: BASIC MAINTENANCE FUNCTIONS FOR WORK AREAS(WEEKLY/MONTHLY LANDSCAPE SERVICE) Line DESCRIPTION UNIT UNIT PRICE 1 Weekly Trash Removal(includes all disposal cost) EA 50.00 2 Weekly Mowing&Edging 60,976 sq.ft.Sod EA 150.00 3 General Weeding(hand and chemical)shurbs,groundcovers for weed free site EA 228.00 4 General Site Trimming&Pruning(includes all disposal cost) Entire area completed once per month. EA 650.00 5 Weekly Post Service Cleaning EA 150.00 6 Weekly Irrigation Systems Functions EA 150.00 SECTION II: SITE-SPECIFIC MAINTENANCE FUNCTION FOR WORK AREA Line DESCRIPTION UNIT UNIT PRICE 7 Hedge Pruning-21 Lot lengths(175 feet per lot)face prune and cut to max height(6')six feet unless otherwise directed. EA 400.00 Maintain a vertical clearance of sidewalks. Four times per year January,April,July,October 8 Clusia Hedge Conner Park. Prune both faces and top. Maximum(10')ten feet in height. Purne twice a year in October and April EA 250.00 9 Mature Canopy Trees-Lift 10'off sidewalks and 15'off roadways twice a year Jan and July,structual once a year in January, Approximately EA 200.00 21 trees 10 Remove dead fronds Palms,of various species and sizes,on all trees four times a year.(Includes seed pods) EA 500.00 Approximately 104 trees. January,April,July,October 11 SE Corner Bluebill/Gulf Shore 17 Sabal Palms. Remove dead fronds and seed pods.Two times per year EA 725.00 12 8-0-12 (Slow release)(Two times a yr.;50 bags per application)total bags applied Unit Price per bag installation. EA 3.00 (Fertilizer supplied by the County) 13 Mulch Application Calculated using 36,000 sq.ft.coverage(2"mulch,2 cu.ft.bags)3000 bags. EA 0.50 Unit cost per bag X actual count ORNAMENTAL&TURF SPRAYING 14 Groundcover,shrubs,&Trees:Insecticides as needed(per one lot length 175 feet.Contractor supplies Chemical) EA 65.00 Total Price=cost per lot x#of lots 15 Groundcover,shrubs&Trees:Insecticides as needed(Contractor supplies Chemical) per 100 sq.ft. EA 21.00 16 Groundcover,shrubs,&Trees:Fungicides as needed(Contractor supplies Chemical) per 100 sq.ft. EA 27.00 17 Groundcover,shrubs,&Trees:Herbicides as needed(Contractor supplies Chemical) per 100 sq.ft. EA 42.00 18 Groundcover,shrubs, Herbicides for torpedo grass as needed per 100 sq.ft. EA 29.00 19 Soil drench for whitefly infestation.Once per year as directed(per 175 feet of hedge-1 lot length. Contractor provides chemical) EA 23.00 20 Turf Insecticides&Fungicides for 60,976 sq ft.sod as needed(Contractor supplies Chemical)per 100 sq.ft. EA 315.00 21 Turf:Herbicides for 60,976 sq.ft.sod as needed. (Contractor supplies Chemical)per 100 sq.ft. EA 215.00 PRESSURE CLEANING 22 Pressure Cleaning Brick Pavers(20,500 sq.ft.TOTAL)(per 100 sq.ft.Minimum)Unit cost X cost per 100 sq.ft.as needed EA 12.00 23 Pressure Cleaning Lift Station Wall and fence columns (1745 sq.ft.total)(per 100 sq.ft.Minimum)Unit cost X cost per 100 sq.ft.as EA 12.00 needed Section III: ADDITIONAL SPECIAL SERVICES FOR WORK AREAS UNIT OF UNIT PRICE Line DESCRIPTION MEASURE 24 Irrigation Supervisor(per man hour) HR 50.00 HR 50.00 25 Supervisor(per man hour) 26 Irrigation Technician(per man hour) HR 45.00 27 Laborer/Helper(per man hour) HR 38.00 HR 125.00 28 Irrigation System Review 29 Staking of Small Palm(4"-6"Caliper) EA 70.00 30 Staking Large Palms(Caliper greater than 6") EA 270.00 31 Staking Small Canopy Tree(2x2 posts and guy wire,4"-6"caliper) EA 70.00 32 Staking Large Canopy Tree(2x4 posts,greater than 6"caliper) EA 270.00 33 Restanding and Staking Small Palm(4"-6"Caliper) EA 200.00 34 Restanding and Staking Large Palms(Caliper greater than 6") EA 400.00 35 Restanding and Staking Small Canopy Tree(2x2 posts and guy wire,4"-6"caliper) EA 200.00 36 Restaking Large Canopy Tree(2x4 posts,greater than 6"caliper) EA 800.00 HR 105.00 37 Bobcat and Operator(Unit per hour) HR 85.00 38 Stump Grinder and Operator(Unit per hour) 39 Truck Operator(Class B or higher current State of Florida Driver License)(Unit per hour) HR 55.00 43 MATERIAL MARK-UP:Cannot exceed fifteen percent(15%).The percentage does not affect the bid award. 15 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 ACO CERTIFICATE OF LIABILITY INSURANCE DATE `14M/DD" l �.,.../' 11 09/2022 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 pollcy(les)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 Jaclyn Zigich NAME: AI Purmort Insurance PHONE LEeI: (941)924.3808 FAX (941)924-8799 (A/C,No): 3340 Bee Ridge Road hIdIL jahwedero,shep herdins.com AD�Ess: NSURER(S)AFFORDING COVERAGE NAIC L Sarasota FL 34239 INSURER A: Westfield Insurance Company 24112 INSURED Mt HawleyInsurance Company INSURER B: Pa Y Ground Zero Landscaping Services Inc. INSURER C: 1907 Fairfax Circle INSURER D INSURER E Naples FL 34109 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM CR CONDITION OF ANY CONTRACT CR 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. 9NSR ADOL SUER POLICY EFF POLICY EXP LTR( TYPE OF INSURANCE INSD WVD POLICY NUMBER (NM,DDhYYY) (MMIIIOIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLANS-MADEX1 OCCURDAMAGE TO RENTED 150,000 PREMISES(Ea ocn:mnce) S MED EXP(Any one person) $ 1,000 A Y CY.P0104249 11/1712022 11117/2023 PERSONAL 5 ADV INJURY $ 1,00O3CO2' GEN-L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 1'000.000 X POLICY JECT LCC PRODUCTS•CCMP!OPAGG S 1,000,000 0-},ER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (=_a marl) X ANY AUTO BODILY INJURY(Per person) $ A OWNED — SCHEDULED CWP0104249 11/17/2022 11/17/2023 BODILY INJURY(Per ac en:) S AUTOS ONLY AUTD,S HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY IPer acddT:) Uninsured motorist 5 1,000,000 UMBRELLA X CCCGR S "... "...'•"•...... 1,000,000 X 'cJLCH OCCURRENCE A EXCESS LIAR CLAIMS 4ADE CWP0104249 11/17/2022 11/17/2023 AGGREGATE S 1,000,000 DEO X,RETENTION$ 0 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABLrTY YIN STATUTE ER ANY PROPRETORPARTNER/EXECUTPJE OFFICERTJEMBER EXCLUDED? N/A F.L.EACH ACCIDENT S (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,desmbe under DESCRIPTION OF OPERATIONS below E.L.GISE:ASE•?OLICY Lit!R S Limit 1,000,000 Pollution Liability EGL0010034 10/07/2022 10/07/2023 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES(ACORD 101,Ad&tional Remarks Schedule,may be attached if more space is required} Landscape Maintenance for Vanderbilt Beach MSTU,Solicitation#22-8004 Certificate holder is additional insured on a primary and non-contnbutory basis as required by written contract,but only in accordance wilh policy term, provisions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Coffer County Board of County Commissions ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E AUTHORIZED REPRESENTATIVE Naples FL 34112 C 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Date CERTIFICATE OF LIABILITY INSURANCE 9/12/2022 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S.Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727)938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc.&Subsidiaries trL� erA ton Insurance Cerny 11075 2739 U.S. Highway 19 N. insurers Holiday, FL 34691 Insurer c Insurer D: Insurer E: Coverages The echoes of insurance fated beiow nave been xsM m Doe vistaed oared above for Lh_polity peers eldraed. Nawtdstarr',rg any rewire—meet.term or csnddAn of any contract or other doa:ment with respect to which this cestficate may ha issued or may pertain the ersccanre afforded by the pohoes described herein rs subieet to al the terns,ecdrsians,and condi&ors cf such poises. Aggregate limits shown may have been reduced by paid claims. INS4 ADOL Policy Etteciive Policy Expiation Limits LTR INSRD Type of Insurance Policy Number Date(MA4DO'YY) Date(Mh4DDiYY) `GENERAL LIABILITY Each Ccounence 5 Commercial General Liability Damage to'cried premises(EA =Claims Made ❑ Occur ocxs encel $S 1 ed Exe 5 Personal Adv Injury S General aggregate limit applies pen. General Aggregate S Policy ❑Project ❑ Lao Products-Comp:Op Agg AUTOMOBILE LIABILITY Combined Single unit lEA Accident) 5 My Auto Bo y Injury — All Otrned Autos (Per Person) _ Scheduled Autos Mired Autos Bud l Injury r.r Non-0wned Autos (Per Accident) $ Property Damage (Per Accident) c EXCESS/UMBRELLA LIABILITY Each Cccvrence Cirri', 0 Clams Made Aggregate Deduct bie A Workers Compensation and x WC Slatu- OTH- Employers'Liability WC 71949 01/01/2022 01/01/2023 toryLimits ER Any proprietor'partner/executive officerfinember El,Each Accident S^,goo,e00 excluded? NO E,L.Disease-Ea Employee 51,000,O00 If Yes,describe under special provisions below. E.L.Disease-Policy Limits 51,000.CCO - Other _ Lion Insurance Company is A.M.Best Company rated A(Excellent). AMB#12616 Descriptions of Operations/LocationsNehicles/Exctusions added by Endorsement/Special Provisions: Client ID: 37-66-375 Coverage only apples to active employee(s)cf South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Oient Company': Ground Zero Landscaping Services Inc. Coverage only apples to injuries incurred by South East Personnel Leasing.Inc.&Subsidiaries active employee(s),while working in:FL. Coverage does not apply to statutory employee(s)or independent mntractor(s)of the Client Company or any other entity. A list of the active employees)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or email certificatesA loninsurancecompany.com Project Name: VANDERBILT BEACH MSTU BID*22-8004 ISSUE 09-12-22(KLT) Begin Data 4/11/2005 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF r Should any of the above described potties be cancelled before the expiration date dereo`,he issuing insurer MII endeavor to mail 30 days suntan notice to the certificate holder named to the left,but failure to COUNTY COMMISSIONERS do so shall moose rs obligator or Iiabltty of any land upon the insurer,its agents or representatives. 3295 TAMIAMI TRAIL EAST /�' — -- "' NAPLES. FL 34112 �'...i v' 0� 3.. --