Backup Documents 10/22/2024 Item #16B17 (Mainscape Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6B 17
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 Initials Date
1. Risk Risk Management 2. County County Attorney Office County Attorney Office CMh (0(1-3
4. BCC Office Board of County
Commissioners �(f pf3 f t0l-W
4. Minutes and Records Clerk of Court's Office
414 ct')q"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,ma need to contact staff for additional or missing information.
Name of Primary Staff Deidra De La Cruz/Procurement Contact Information 239-252-8407
Contact/Department
Agenda Date Item was October 22, 2024 Agenda Item Number 16.B.17.
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A 24-8258 Mainscape Inc.
number if document is Mainscape Inc.
to be recorded
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 DD
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 DD
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD
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 October 22, 2024, all changes made N/A is not
during the meeting have been incorporated in the attached document. The County Cp'/Yb an option for
Attorney's Office has reviewed the changes,if applicable. 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 for the L �J an option for
Chairman's signature. this line.
E317
FIXED TERM SERVICE
MULTI-CONTRACTOR AWARD AGREEMENT
#24-8258
for
Davis Blvd Landscape Maintenance - Work Area 26 �j
THIS AGREEMENT, made and entered into on this day of �� 20a'1
by and between Mainscapes, Inc.
authorized to do business in the State of Florida, whose business address is
13418 Britton Park Road, Fischers, IN 46038 , (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period,
commencing ■ upon the date of Board approval; or { } on -and
terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for
two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a ® Purchase Order .
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of -- far-Pr-oposal--(RFP-) IUD Invitation to Bid (ITB)
Other ( )# 24-8258
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal
referred to herein and made an integral part of this Agreement.
n The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
3.2 UI The procedure for obtaining Work under this Agreement is outlined in Exhibit A -
Scope of Services attached hereto.
3.3 f{ The pr.cedure-fef-ebtaintng-Wer-k-under4pis--AWeement-is-eat#teed in Fl Other
3.4 n The County reserves the right to specify in each Request for Quotations: the period
of completion; collection of liquidated damages in the event of late completion; and the
Price Methodology selected in 4.1.
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):
&um-(Fixed-um : • ;
trahsferred from t crc arc n•
hour-I s preseRted --rather;---- or to the
satisf rt--manager before-
is-authorized.
n Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work(number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
these contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and company (or subcontractor) timekeeping
or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
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4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
4.4 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 — (check if applicable) Travel---and----Reimbursable xpe�
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fv ileage $0744-5-per-mile
Breakfast $6:°A.
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-Rental car Actua G--sr-
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5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531C.
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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: Mainscape, Inc
Address: 13418 Britton Park Road
Fishers, IN 46038
Authorized Agent: Loren Garner
Attention Name & Title: Account Executive
Telephone: 800-481-0096
E-Mail(s): (garner@mainscape.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Road Maintenance
Division Name: Marshal Miller
Address: 4800 Davis Blvd
Naples, FL 34104
Administrative Agent/PM: Melissa Pearson
Telephone: 239-252-5591
E-Mail(s): Melissa.Pearson@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.
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9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be the sole judge of
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. n Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000.00 Per Occurrence, $2,000,000.00 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. • Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000.00
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. n Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage must
include Employers' Liability with a minimum limit of$ 1,000,000.00 for each accident.
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tali—Professional-Liabitity:-Shah-be- f stained-ly-the--Gentraeter--te-ersarc its-4egel
liability®for-elatms-artsirtg--out-of---the-performance .f professional services-triidur this
A awes-its-rig ef-reeevery-against County-as-te-eoy-~eiatmstrnder
this-insuran not--less-than-$-- each
claim-and-aggregate
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shalt4tave-rxninimurn limits of$ per ctaif.
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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
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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,
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 Road Maintenance 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), I•l Exhibit A Scope of Services,
Exhibit B Fee Schedule, ---RF-P/ I■] ITB/fl Other
#24-8258 , including Exhibits, Attachments and Addenda/Addendum, —subsequent-
quot- , hibit/Attachment:
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,
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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, as well as the requirements set forth in Florida Statutes, §448.095; taxation,
workers' compensation, equal employment and safety including, but not limited to, the
Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law
Chapter 119, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest a colliercount fl.go
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
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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.
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 a Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. n 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
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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. n WARRANTY. Contractor expressly warrants that the goods, materials and/or
equipment covered by this Agreement will conform to the requirements as specified, and
will be of satisfactory material and quality production, free from defects, and sufficient for
the purpose intended. Goods shall be delivered free from any security interest or other
lien, encumbrance or claim of any third party. Any services provided under this Agreement
shall be provided in accordance with generally accepted professional standards for the
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. ❑■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
ordinances, rules or regulations of any public authority having jurisdiction over the Project
requires any portion of the Work to be specifically inspected, tested or approved,
Contractor shall assume full responsibility therefore, pay all costs in connection therewith
and furnish to the County the required certificates of inspection, testing or approval. All
inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the County.
27. ■ PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
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to replace such loss or damage shall be deducted from any amounts due to
Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
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.
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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. KEYF�PERSONPI€;_. Cet•rtr anagement to be utitized4or
t+i s-preject-sf-gati-be-knowtedgeable-it bei as ef-expertisc. Tt e-Gou ty-rese!ves-the
righ-te--perform it deemcd necessa y-
ir e-perform aeee--of-the-Agreeme
n a timely basis, and each person
vailabie--for--an-an ount of time-ade rvice-
e enure
met: (1) Propose tentially--the ame or better qualifications
andlor-experien- ttfied-in-writing-a stole.
Thre-GGoontractor-shra+t rrrake-commercially sonable-effo ts--ta--noti
sever)-days-ef-the-ehange-The-Gotrntrretains fifiefeppfov i-of proposed replacement
per-sonRet.
IN 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.
I ORDER-OF-PREGE@CN
terms-of-the-Ag reernent-sh-alHake-precede
all-other-GoRtraot-Ooeuments, except the-terms of any Supplemental-Genditionsshatl-take
precedenee-over--the-Agreement-Te-the-extent-any-eonfliet-in-the-t
Becurrrents-cannot be-resolved-by-application-ef-t+ e-sue t
obi igation-uncle -the-Gontree meets-upen-t-he-Gentrac
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
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assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four(4)years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS@colliercountyfl.gov) 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.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
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
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shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the cafe and year first written above,
TTE T BOARD OF COUNTY COMMISSIONERS
,0- .ry5ta K ISinzel, Clerk of the Circuit COLLIER CO N Y, FLORIDA
frourt and.CNnptroller
f ve -e sy f �el,wt. By:
s �- Chri II airman
' m p 1, �., 1 D �4
'3',/, •', (SEAL) A est as to Chairman's
f,$H i 1,10-' signature only
Contractor's Witnesses: Mainscape, Inc.
Contractor
, l Skit (jv` Si na ure
Contractor's First Witness ,JLLB t o ,iovt.,, LF-t)
Ikktti )5&i EW i 01. TTypefprint signature and titleT
';Type/print witness name's'
/01,NC-b.-NA,
Contract ar's Second Witness
TType/print witness nameT
Approved as to Form and L
s -- ounty Attorney •
_ atr.nrti Nei 11.,.
nt Name e 3 D
rage 14 of 17
Fixed Term Service Multi-C'oalractur Ag;reelllent
1202.1 vcr.1 1
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Exhibit A
Scope of Services
❑■ following this page (pages 1 through 10
n this exhibit is not applicable
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Invitation to Bid (ITB) No. 24-8258
"Davis Blvd Landscape Maintenance—Work Area 26"
Exhibit A
Scope of Services
This agreement is awarded as follows:
PRIMARY:Mainscape,Inc.
SECONDARY: Superb Landscape Services,Inc.
DETAILED SCOPE OF WORK
Landscape maintenance services may include,but are not limited to, Median Mowing and Edging, Street Cleaning,
Weeding,General Site Trimming,and Debris Removal. County staff may request additional services such as but are
not limited to plant replacements,emergency services,ornamental and turf spraying,tree and palm maintenance,and
traffic accident cleanup.
Work Area 26: Davis Blvd Landscape Maintenance,approximately.73 Miles(31112.26)
■ Davis Blvd from County Barn Road to Santa Barbara Blvd;approximately.73 miles
❑ Improved medians 28 through 32.
NOTE: The Florida Department of Transportation (FDOT) maintains the North and South side Right-of-Way
(ROW)mowing and edging on Davis Blvd from County Barn Road to Santa Barbara Blvd.
1. ROUTINE MAINTENANCE SPECIFICATIONS: Below are landscape maintenance specifications that the
Contractor shall perform monthly.The Division Landscape Supervisor or designee may revise the specifications
as necessary. The unit prices include supervision, labor, tools, equipment, materials, and Temporary Traffic
Control(TTC).
Use current techniques and standards approved by the University of Florida, Institute of Food and Agriculture
Services (UF/IFAS). The following link goes directly to the OF/IFAS website. Contractors can obtain online
versions of Green Industries Best Management Practices manuals in English and Spanish:
https://ffl.ifas.ufl.ed a/ft1-and-you/Ei-bm p-program/ei-bmp-manual/
1.1. MOWING: Mowing services may be in medians, side right-of-way (ROW) (both sides of the roadway),
retention ponds,around ponds,and swale areas.
1.1.1. Before mowing, remove palm fronds, seed pods/seeds, debris, litter, leaves, rocks, paper, tree
branches,limbs,and any other debris from the turf areas,plant beds,and hardscapes.
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1.1.2. Mow consistently with landscape maintenance industry standards that ensure smooth surface
appearance without scalping or leaving uncut grass.
1.1.3. ROW mowing is from the back of the curb to the right-of-way line (wooden or concrete power
poles).
1.1.4. Mow at the highest recommended height for species in the table below per the University of
Florida's Institute of Food and Agriculture Sciences (UF/IFAS). Do not remove more than one-
third(1/3)of the leaf blade at each mowing.
Species Mowing Height(inches) Grass Height Not to Exceed(inches)
Bahiagrass 3.0—4.0 4.5—6.0
St.Augustine 3.5—4.0 5.5—6.0
1.1.5. Mow turf with a mulching mower,eliminating the need to bag and transport grass clippings.Leaf
clippings in the turf area will add nutrients and organic matter back into the lawn. If bagging
clippings,they shall be collected and removed at no additional cost to the County.
1.1.6. Swale mowing is conducted throughout the year, and during the rainy season, these areas are
addressed at each service. If weeds and vegetation protrude above the water, reduce them to 12
inches above the waterline or as directed by the Division Landscape Supervisor or designee.
Always direct the mowing operation away from the water and remove mowing clippings from the
site.
1.1.7. Dry retention mowing is throughout the year and grass height must not exceed 18 inches.If areas
are holding water,restrict mowing with a 10-foot buffer from the water's edge.Direct the mowing
operation away from the water.
1.1.8. Wet retention (ponds) mowing within 10 feet from the water's edge at the time of mowing, the
vegetation must be greater than 6 inches in height. Direct the mowing operation away from the
water.Remove mowing clippings from the site.
1.1.9. Use an alternative mowing method in water-drenched turf areas to prevent wheel ruts from heavier,
self-propelled riding mowers.Turf damages caused by the Contractor's equipment shall be repaired
immediately following the services,at no additional cost to the County.
1.1.10. Notify the Division Landscape Supervisor or designee immediately when turfgrass shows visible
signs of heat stress,disease,or irrigation malfunctions.
1.2. EDGING
1.2.1. String edge along plant beds and turf edges where an underground irrigation system is present.
Mechanical metal blade edging is not permitted in these areas.
1.2.2. Mechanical metal blade edging is permitted along the back of curbs and sidewalks.
1.2.3. Cut and remove grass root runners extending in plant beds or mulch areas,concrete,asphalt,and
brick paved areas with the edging service.
1.2.4. Edge in turf areas such as,but not limited to,sprinkler heads,valve boxes,timer pedestals,posts,
utility service boxes, shrubs, signposts, utility holes, guardrails, along sidewalk edges, back of
concrete curbs, around plant beds, street light bases, headwalls, and trees for an aesthetically
pleasing appearance.
1.2.5. Remove edging from roadways,sidewalks,curbing,and gutters on the same day as the service.
1.2.6. Chemicals are not authorized for edging. If chemicals are used and cause damage the Contractor
is responsible for bringing the damaged areas back to full restoration where the chemical was
applied,at no cost to the County.
1.3. STREET CLEANING: Clean sidewalks, curbs, and gutters, including four feet(4')area from the face of
gutters, curbs, turn lanes, medians, and sidewalks immediately following each service to prevent
accumulation of debris and to keep areas neatly maintained with safe conditions.
1.3.1. On the same day of mowing remove grass clippings and debris from hardscapes to prevent the
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accumulation of debris and to keep areas neatly maintained with safe conditions.
1.3.2. Remove grass clippings and debris from hardscapes following the same day of the mowing
services.
1.3.3. Do not allow grass clippings or debris to enter any inlet, catch basin, or body of water. Remove
grass clippings and debris from these areas.
1.3.4. Deposit grass clippings into existing turf areas.
1.3.5. No debris shall be blown or deposited onto adjacent property,accumulated on right-of-way areas,
or blown into roadways or travel lanes.
1.3.6. Remove all debris and clippings from sidewalks,curbs,gutters,or roadways.
1.3.7. Remove seed pod seeds from hardscape areas and around the palm perimeter.
1.4. WEEDING
1.4.1. Perform weeding weekly, leaving the area reasonably weed-free, visually well-maintained, and
aesthetically pleasing.
1.4.2. Weeding is within the medians and the sides of ROW to include bedding plants,perennials,shrubs,
trees, sidewalks, asphalt, concrete, pavers, guardrail bases, tree grates, curb joints, and mulched
areas.
1.4.3. Control weeds in planting beds.
1.4.4. Contractor's employees may manually pull weeds by hand,chemical method(not harming plant
materials),or use a combination of manual and chemical methods.
1.4.5. Pre-emergent products to control weeds.Apply pre-emergent herbicides in early February.Apply
the pre-emergent herbicide before temperatures rise above 65 to 70 degrees Fahrenheit to avoid
harming the grass. Nonselective herbicides that contain active ingredients like glyphosate or
glufosinate can be used to spot-treat weeds in beds.
1.4.6. Post-emergent products to control weeds.Determine the type of application(systemic or contact
herbicides). Use caution when applying to prevent drift of the spray or contact with non-target
plants.
1.4.7. Blue tracker dye shall be added for inspection purposes.
1.4.8. Chemical damages to non-target plants will be the Contractor's responsibility to replace,at no cost
to the County within 72 hours or as agreed to by the Division Landscape Supervisor or designee.
1.5. GENERAL SITE TRIMMING: Disinfect pruning tools before performing County contracted services to
prevent disease transmission. Services include trimming groundcovers,shrubs,and plant foliage that is 10
feet and below.
1.5.1. Notify the Division Landscape Supervisor when plant materials(trees,ground covers,shrubs,turf,
etc.)are showing signs of infestation,disease,or dying.
1.5.2. Remove water sprouts,suckers,dead or diseased foliage,and branches.
1.5.3. Trim plants 18 inches from the irrigation heads to maintain uniform irrigation distribution patterns.
1.5.4. Sightlines -Mandatory Safety Requirement: Consistently maintain sightlines at each service, or
as needed. The travel lane plant height is 18 inches to a maximum height of 24 inches. The
Contractor will be notified by the County to immediately trim plant materials that exceed the
maximum height.
1.5.5. Trim shrubs in their natural form.Do not prune plants into boxed shapes.
1.5.6. Shrub pruning should be done consistently throughout each median for all shrub types for
landscape continuity.
1.5.7. Shrubs and groundcovers adjacent to pathways or sidewalks prune to maintain one (1) foot
clearance from the pathway's edge.It is recommended that adjacent shrubs and groundcovers are
maintained at an angle or rounded away from the path to keep the area safe for landscape personnel
maintaining landscaping.
1.5.8. Bougainvillea and Green Island Ficus maintain to 24 inches through the year(sightline 18 inches).
Maintain other groundcovers and shrubs maintain
1.5.9. Perform hard cutting in vehicular sightline areas to 18 inches by October 151 each year before
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cooler temperatures begin,so blooming plants are at the proper height before high traffic season
begins. Shrub hard-cutting requires approval from the Division Landscape Supervisor or
Landscape Operations Manager.
1.5.10. Prune selectively to improve the plant structure's health and to enhance fruiting, flowering, or
appearance.
1.5.11. Prune ornamental grasses once a year (or as directed by the Division Landscape Supervisor or
designee), only after the blooming season, at the plant base to remove old growth. Do not cut
grasses in a flat-top method. Varieties include but are not limited to Fountain, Muhly, Florida
Gama,and Fakahatchee grasses.
1.5.12. Only prune yellow or white Irises at the direction of the Division Landscape Operations Manager.
Never prune Irises into a cone shape.
1.5.13. Remove dead growth from Blueberry Flax,Agapanthus,Birds of Paradise,Iris,and other similar
varieties.
1.5.14. Prune Liriope muscari at the direction of the Division Landscape Supervisor or Landscape
Operations Manager.
1.5.15. Groundcovers and grasses are not allowed to grow over curbs or onto paved areas.
1.5.16. Maintain tree canopy branches over pathways or sidewalks at a minimum height of 10 feet.
1.5.17. It is mandatory to check plant heights at each service.
1.5.18. Remove pruning and trimming debris at each service.
1.6. DEBRIS/TRASH REMOVAL: Remove trash and debris at each service that includes paper,bottles,cans,
trash,horticultural and non-horticultural waste,leaves,rocks,branches,limbs,palm fruit and fronds on the
ground,and other debris that is not part of the landscape.
1.7. ORNAMENTAL&TURF SPRAYING AND PEST MANAGEMENT
1.7.1. Pest Management:Use Integrated Pest Management(I.P.M.)principles and methods.
1.7.1.1. Use a pest-control strategy only when the pest is causing damage or is expected to cause
additional damage than can be reasonably and economically tolerated.
1.7.1.2. Implement a control strategy that reduces the pest numbers to an acceptable level while
minimizing harm to non-targeted organisms.
1.7.1.3. Post appropriate application signs with each treatment.
1.7.1.4. Keep records of pest problems identified and control treatment applied.
1.7.1.5. Record whether corrective actions reduced or prevented pest populations, were
economical,and minimized risks.
1.7.1.6. Provide a copy of the records to the Division Landscape Supervisor or designee.
1.7.1.7. Refer to past corrective actions when making similar decisions in the future.
1.7.1.8. Dispose of used containers in compliance with label directions to prevent water
contamination.
1.7.1.9. Pest and Spray Program.Provide an overall written pest and spray program that shall
incorporate ant and rodent control and shall meet or exceed the following minimum
standards:
1.7.1.9.1. Describe procedures, methods, and techniques that will enhance the
environment.
1.7.1.9.2. Provide maximum protection for the health, safety, and welfare of the
public and environment.
1.7.1.9.3. List of all chemicals.
1.7.1.9.4. List application methods.
1.7.1.9.5. Records must be kept of all pesticide applications. Documentation shall
include but not be limited to application date and time,weather conditions
at the time of application, chemicals applied, and the name of the
applicator. Submit the record(s) as backup documentation with the
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monthly invoice for payment. Invoices may be rejected for failure to
submit pesticide documentation.
1.7.1.10. Monthly Pest Control:Perform weekly on-site inspections and provide written reports to
the Division Landscape Supervisor or designee monthly.
1.7.1.10.1. Contractor shall provide an overall written pest and spray program that
shall incorporate ant control,rodent control,and existing plant materials
that shall meet or exceed the following minimum standards:
1.7.1.10.1.1. Describe procedures, methods, and techniques that will
enhance the environment.
1.7.1.10.1.2. Provide maximum protection for the health, safety, and
welfare of the public and environment.
1.7.1.10.1.3. Provide MSDS Sheets for chemicals upon request.
1.7.1.10.1.4. Provide signage where applicable.
1.7.1.11. Methods of Application: One hundred percent(100%)coverage and penetration shall be
provided. Insecticides and Fungicides shall be applied at the proper pressure to provide
maximum coverage.
1.7.1.11.1. Insecticides should be alternated from time to time to prevent insect
resistance to the application.
1.7.1.11.2. Herbicides used in turf areas shall be applied at the proper pressure.
1.7.1.11.3. Turf herbicides shall not be applied when the daily temperature exceeds 85
degrees.
1.7.1.11.4. Spreader sticker(Nu-Film 17 or equal)shall be incorporated in all spraying
of groundcovers,shrubs,trees,palms,and turf areas when recommended by
the label.
1.7.1.11.5. All spray applications shall contain a wetting agent within the mix when
recommended by the label or the Division Landscape Supervisor or
designee.
1.7.1.11.6. Follow manufacturers'instructions.
1.7.1.12. Rate of Application: All chemicals shall be applied at the rates recommended on the
manufacturer's labels.
1.7.1.13. Materials List: shall include insecticide, fungicide, and herbicide chemicals including
natural or artificial substances containing the chemical elements that improve the growth
and productiveness of plants to be used on turf areas and on plant materials. Submit in
writing to the Division Landscape Supervisor or designee for review and approval.All
chemicals used shall be approved for use by the Environmental Protection Agency for its
intended use and area of use.
1.7.1.14. Application Schedules: Submit application schedules to the Division Landscape
Supervisor or designee before applications for approval. Chemicals applied without
schedules and prior approval may have invoices rejected by the Division and services not
paid.
1.7.1.15. Groundcovers, Shrubs, Trees, Turf, Bed Areas, etc.: Insecticides, fungicides, and
herbicides applications are monthly with approval from the Division Landscape
Supervisor or designee.The Contractor shall use Integrated Pest Management practices
to promote plant health and eliminate unwanted weeds and pests.
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1.7.1.16. Ant Abatement&Mound Removal: Includes all ant species and Fire ants.Treat mounds
individually as they occur with bait formulas. Place fresh bait surrounding the mound
without disturbing the mound itself.The best management method is to broadcast granular
baits around the landscape and on the turf.
1.7.1.16.1. Carpenter Ants: Direct treatment of nesting sites is recommended because
these sites harbor the brood,queen,and the bulk of the workers and winged
reproductive.
1.7.1.16.2. A small amount of insecticidal dust or spray applied directly to the nest area
is usually successful.Any excessive treatment may become repellent causing
the nest to move to another location if the dust is applied near the infestation
location but not directly on the nest.
1.7.1.16.3. The Contractor is responsible to grade and level the mounds once the ants are
eradicated.
1.7.1.17. Rodent Control: Monitor landscape medians for rodents (i.e., rats and mice). The
Contractor is responsible for supplying materials and equipment to remove rodents
preventing damage to landscape plants and irrigation equipment.
2. ADDITIONAL SERVICES: These services are not part of the routine landscape maintenance services.
Additional services may be requested by the Division as needed.It will be the Division's discretion to request an
estimate,or they may choose to utilize another Contract or request quotes off contract following the Procurement
Ordinance for informal purchases.
2.1. LANDSCAPE PERSONNEL LABOR HOURS: Line items shall be used for miscellaneous landscape
maintenance work as directed by the Division Landscape Supervisor or designee.
2.2. LANDSCAPE PERSONNEL EMERGENCY RESPONSE HOURS: The Contractor must be available to
respond immediately for emergency callouts that are after 5:00 p.m.,Monday through Friday,and 24 hours
during weekends and holidays.
2.2.1. Respond to emergency calls within two(2)hours from the time of notification.
2.2.2. Designate a person(s)who shall be available to respond to emergency calls 24 hours per day.
2.3. EQUIPMENT WITH OPERATOR:The unit price includes delivery and return, equipment,operator,fuel,
labor,and supplies.The equipment hourly usage rates only apply when the equipment is actively being used.
2.4. TREE AND PALM SERVICES: Work may require re-planting, re-standing, and staking fallen or leaning
plant material,trees,and palms.Unit price includes materials to complete the work,equipment,machinery,
cranes,fuel,labor,equipment operators,Maintenance of Traffic(MOT)and its equipment(i.e.arrow board,
cones,etc.),water wagon or truck,and white spray paint to mark and identify irrigation lines that are visibly
broken.
2.5. MARKUP:Percentage markups apply when additional services are needed.
2.5.1. Material Markup:A 10 percent markup for materials not included in the unit price.The Contractor
shall provide receipts with the invoice for reimbursement for materials exceeding $500.00.Any
items below$500.00 will require itemized records for reimbursement.
2.5.2. Equipment Markup: A 10 percent markup is authorized for equipment not listed on the fee
schedule.The Contractor shall email an estimate to the Division Landscape Supervisor or designee
to approve rental equipment.
2.5.3. Subcontractor Markup:A 15 percent markup for subcontractor services.The Contractor shall email
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an estimate to the Division Landscape Supervisor or designee to approve subcontractor services
that are not listed on the fee schedule.
3. GENERAL INFORMATION
3.1. CERTIFICATIONS:The Contractor shall maintain the following certifications throughout the contract term
and subsequent renewal periods.
3.1.1. Green Industries, Best Management Practices, Certificate under Chapter 482.1562, F.S. (must
obtain certification within one(1)year from contract execution).
3.1.2. Temporary Traffic Control TTC,Intermediate Level Certification.
3.1.3. Certified Pest Control Operator,Lawn&Ornamental,Chapter 482.111,F.S.
3.1.4. Employee Identification Card for non-certified employees OR a listing of employees'names and
their issued ID card numbers that will perform pest control for a licensed company.Each ID card
must be an employee of the licensed company and work under the direct supervision of the certified
operator in charge.Chapter,482.091 F.S.
3.2. LICENSES: The Contractor shall maintain the following licenses throughout the contract term and
subsequent renewal periods.
3.2.1. Collier County Landscape Restricted or Landscape License; Landscape & Irrigation License; or
Unlimited Landscape License.
3.2.2. Collier County Pest Control License
3.3. WORK AREA CONDITIONS:The Contractor agrees and accepts that awarded work areas are in an"as is"
condition.It is their sole responsibility to complete a site visit and inspect the area before submitting bid(s).
3.4. WORK COMMENCEMENT:The work shall start with the issuance of a purchase order.
3.5. CONTRACTOR PERSONNEL:The Contractor shall have a supervisor at the worksite. The work shall be
given the constant attention necessary to ensure the schedule is on time and work progresses continually.
The supervisor must speak and understand English, communicate effectively, understand the contract
documents,and have full authority to receive instruction from the Division.
3.6. CREWS&EQUIPMENT:The Contractor shall have adequate personnel and crews to perform the contract.
The crews shall be trained, communicate effectively with County staff, and safely operate equipment and
vehicles.
3.7. CREW SIZE: Crew size for routine maintenance services is one crew consisting of six(6)employees; for
chemical applications crew size is two employees,and the irrigation crew size is two employees.
3.8. FINAL INSPECTIONS:The Contractor is to notify the Division Inspector following services that the work
is completed, so the Division Inspector can perform a final inspection of the work.The Contractor will be
notified when the finished work fails to comply with the Contract specifications.
3.8.1. The Contractor shall immediately cure the deficient work, ensuring it complies with the
specifications.
3.8.2. The Contractor shall notify the County Inspector when deficient work is ready for re-inspection.
3.8.3. The County may make a final inspection of the work or request photographic evidence.The County
will inform the Contractor of any necessary repair work not completed.
3.8.4. There will be no cost to the County for the Contractor to correct deficient work.
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3.9. DAMAGES: The Contractor's negligence in causing damages shall be repaired or replaced at the
Contractor's expense within seventy-two(72)hours.Some examples of negligence resulting in damages are
dying plants, shrubs,trees,grass,or foliage,or failure in providing ramps or other devices to gain access
over the curbs into medians resulting in curb or turf damages. Complete any required repairs to the
satisfaction of the Division Landscape Supervisor or designee,at no additional cost to the County. Repairs
shall be completed prior to submission of the Contractor's invoice for landscape maintenance services.
3.10.ACCIDENT REPORTING:The Contractor is to report each week to the Division Landscape Supervisor or
designee any accidents or thefts involving or occurring within the work areas covered by this Contract.
3.11.WORK ZONE SAFETY:The Contractor shall use caution while working on County Right-of-Way(ROW)
(i.e.,roads,sidewalks,bike paths,etc.),roadway medians,in or around County-owned or operated facilities.
3.11.1. American National Standards Institute/International Safety Equipment Association (ANSI/ISEA)
Class 2 or 3 Vests,T-shirts,or similarly labeled garments depending on the time of day.
3.11.2. Appropriate work zone signage,cones,barricades or barrels,arrow panels,flagging personnel,and
stop/slow paddles.
3.11.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site.
3.11.4. The Contractor will maintain access for residents and commercial properties with minimal delays
to the traveling public.
3.12.TEMPORARY TRAFFIC CONTROL (TTC): The Contractor is responsible for setting up TTC with the
right equipment and proper placement of lane closed signs,pre-warning signs,arrow boards,traffic cones,
message boards,warning devices,barriers,or flagmen.
3.12.1. The Contractor is responsible for maintaining TTC while performing services in the right-of-way
and roadways.
3.12.2. TTC is a requirement for the safety and protection of the Contractor's employees and motorists
during services'performance.
3.12.3. It is the Contractor's sole responsibility for safety in the work zone.
3.12.4. The Contractor must conform to the latest edition of the FDOT,Design Standards,600 series, and
The Manual on Uniform Traffic Control Devices(MUTCD).
3.12.5. The Contractor is responsible for the TTC plan and equipment setup.Any work zone safety issues
require the Contractor's
3.12.6. Certified TTC employee to meet the Division Landscape Supervisor or designee within twenty(20)
minutes of the initial contact to address work zone safety issues.
3.12.7. TTC setup that does not comply will have operations ceased until TTC is corrected per the FDOT
standards and MUTCD.
3.13.WORK HOURS: Monday—Friday in the daytime hours from 7:00 a.m. to 5:00 p.m.The Contractor may
request to work outside these hours, but it requires approval from the Division Landscape Supervisor or
designee. There is no additional compensation for working on weekends,holidays,or evening hours.
3.14.LANE CLOSURES:There are no lane closures permitted between the hours of 7:00 a.m.through 9:00 a.m.
and 3:30 p.m.through 6:30 p.m.on weekdays.Lane closures require MOT/TTC with proper placement of
lane closed signs,pre-warning signs,arrow boards,traffic cones,etc.
3.15.ROAD ALERT(Mandatory Requirement):Any lane closures require the Contractor to submit the "Road
Alert Notification Form for Lane Closures and Road Closures" to Collier County Transportation
Management Services Department. Download and submit the Road Alert form using the following link:
https://www.colliercountvfl.Eov/government/transportation-management-
services/services/construction-and-maintenance-public-inform ation/road-alerts.
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3.16.UTILITIES: The Contractor shall be responsible for exercising precautions while working near utilities.
Before digging, Contractors must call Sunshine 811 at 811 or 800-432-4770,Monday—Friday from 7:00
a.m. — 5:00 p.m. Sunshine 811 needs two (2) full business days' notice.Any damage to utilities is the
Contractor's sole responsibility and at no cost to the County.
3.17.CLEAN-UP/DISPOSAL:The Contractor shall remove and dispose of material,debris,and trash from the
work area each day.If the area is not cleaned,the Contractor may be required to return to the worksite to
clean up,remove,and dispose of the debris at an authorized disposal site.
3.18.WORK SCHEDULES:Email work schedules to the Division Landscape Supervisor or designee.This is a
mandatory requirement.It is imperative to have work schedules for inspection purposes.
3.18.1. Schedule the work to complete the work in one(1)visit.Do not move to the next roadway until the
work area is completed,or unless directed by the Division Landscape Supervisor or designee.
3.18.2. Email work schedules the week before OR Monday by 6:30 a.m.before work starts.Work schedules
are Monday through Friday when County offices are open.
3.18.3. List crew personnel names,service dates,times,and locations.
3.18.4. Immediately notify the Division Landscape Supervisor or designee of any changes to the work
schedule.
3.18.5. The Division reserves the right to change schedules as needed per the season, weather, work
conditions,budgetary,or if it is in the best interest of the County.
3.19.GENERAL MAINTENANCE REPORT SHEETS(GMRS): GMRS shall be completed on a weekly basis,
signed by the Contractor, and submitted via email to the Division's Landscape Supervisor or designee the
next day following completion of services.
3.20.WORK DELAYS:The Contractor shall notify the Division immediately of any delays via phone call and
follow up with an email the next business day with a written summary of the delay.
3.21.CONTRACTOR PERFORMANCE: The Contractor shall perform as described in the Scope of Work and
specifications in a safe, and proper manner that is satisfactory to the Division Landscape Supervisor or
designee.
3.21.1. The Contractor shall immediately notify the County's Contract Administrator in writing if its ability
to perform the work under the Contract is compromised in any manner.
3.21.2. The Division Landscape Supervisor or designee may utilize the Secondary Contractor if the
Primary Contractor cannot provide the services as requested.
3.21.2.1. If the Primary Contractor continually fails to provide service requests,their Contract may
be terminated,and the Secondary Contractor will assume all work under the terms of the
Contract.
3.21.2.2. During any notice of default, breach, or suspension, the County shall have the full
authority to utilize the Secondary Contractor as the Primary Contractor.
3.22.PERSONNEL: The Contractor shall provide contact information to the County's Contract Administrator
before the contract kick-off meeting.The information must include names with titles,email addresses,and
telephone numbers(direct business line and cell phone).
3.22.1. Personnel employees must be English-speaking to effectively communicate with the Division
Landscape Supervisor or designee.
3.22.2. The Contractor shall immediately notify the Division Landscape Supervisor or designee in the
absence of key personnel and provide the substitution personnel information via email.
3.22.3. The County reserves the right to remove key personnel from the Contract who fail to communicate
with County staff effectively.
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3.23.MEETINGS: Either party may request meetings throughout the contract term, requiring mandatory
attendance.There are no additional costs to the County for meetings.
3.24.PRICE MODIFICATIONS: Price increase requests may be submitted for agreement renewals prior to the
three-year term ending.
3.24.1. The Contractor may request a price increase in writing by email to the County's Contract
Administrator no less than 60 days before the contract end date for consideration for renewals.
3.24.2. Price increase requests review may take over 30 days to complete.
3.24.3. Retroactive price adjustments are not authorized.
3.24.4. The Contractor shall provide supporting documentation justifying price increases (examples:
Bureau of Labor Statics, supplier material agreements, fuel increases, etc.). If there is no
documented proof,price increases will not be considered.
3.24.5. The Contract Administrator shall analyze prices to determine whether increases are fair and
reasonable using the following methods:price competition(reviewing competitive bids or offers),
market prices,historical prices,or independent estimates.
3.24.6. The Contractor shall continue to fill all purchase orders received at the current agreement prices
during the review process.
3.24.7. 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,
or an amendment processed,as required,and uploaded into the County's Finance system.
3.24.8. 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.
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Exhibit B
Fee Schedule
following this page (pages through 2 )
Page 16 of 17
Fixed Term Service Multi-Contractor Agreement
[2024_ver.1]
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Bid Schedule ITB No. 24-8258
Davis Blvd Landscape Maintenance- Work Area 26
Work Area 26. Davis Blvd Landscape Maintenance, .73 miles (31112.26)
ROUTINE MAINTENANCE
Davis Blvd: County Barn Road to Santa Barbara Blvd Year I Year 2 Year 3
Item Description UOM Unit Price Unit Price Unit Price
I Median Mowing&Edging Weekly $ 175.48 $ 184.24 $ 193.46
3 Street Cleaning Weekly $ 44.54 $ 46.77 $ 49.10
4 Weeding Weekly $ 205.58 $ 215.86 $ 226.65
5 General Site Trimming Monthly $ 2,345.34 $ 2,462.61 $ 2,585.74
6 Debris/Trash Removal Weekly $ 66.80 $ 70.14 $ 73.65
Ornamental&Turf Spraying/Pest Management
Year 1 Year 2 Year 3
(includes supervision,labor equipment,chemicals,and materials)
Item Description UOM Unit Price Unit Price Unit Price
Insecticides,Fungicides,and Herbicides
11 Groundcover,Turf,Shrubs,Trees,Bed Areas. Monthly $ 254.57 $ 267.30 $ 280.66
Foliar Application
12 Ant Abatement&Mound Removal Monthly $ 256.49 $ 269.31 $ 282.78
13 Rodent Control Monthly $ 191.01 $ 200.56 $ 210.59
ADDITIONAL SERVICES
Landscape Personnel Labor Hours Year 1 Year 2 Year 3
Item Description UOM Unit Price Unit Price Unit Price
14 Landscape Supervisor Hourly $ 65.00 $ 65.00 $ 65.00
15 Landscape Laborer Hourly $ 55.00 $ 55.00 $ 55.00
Emergency Response Labor Hours Year 1 Year 2 Year 3
Item Description UOM Unit Price Unit Price Unit Price
16 Landscape Supervisor Hourly $ 120.00 $ 120.00 $ 120.00
17 Landscape Laborer Hourly $ 100.00 $ 100.00 $ 100.00
Equipment with Operator Year 1 Year 2 Year 3
Item Description UOM Unit Price Unit Price Unit Price
18 Bucket Truck w/operator Hourly $ 300.00 $ 300.00 $ 300.00
19 Water Truck w/operator Hourly $ 250.00 $ 250.00 $ 250.00
Page 1 of 2
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20 Crane Truck w/operator Hourly $ 300.00 $ 300.00 $ 300.00
21 Mini Excavator w/operator Hourly $ 450.00 $ 450.00 $ 450.00
22 Skid Loader w/operator Hourly $ 250.00 $ 250.00 $ 250.00
Tree and Palm Maintenance Services
Year 1 Year 2 Year 3
(includes supervision,labor,equipment,and materials)
Item Description IO\1 Unit Price Unit Price Unit Price
23 Staking Large Palms(Caliper greater l;ach $ 300.00 $ 300.00 $ 300.00
than 6")
24 Staking Small Canopy Tree l tch $ 60.00 $ 60.00 $ 60.00
(2x2 posts and guy wire,4"-6" caliper)
25 Staking Large Canopy Tree Each $ 200.00 $ 200.00 $ 200.00
(2x4 posts,greater than 6" caliper)
26 Restanding and Staking Small Palm Each $ 120.00 $ 120.00 $ 120.00
(4"-6" Caliper)
27 Restanding and Staking Large Palms Each $ 360.00 $ 360.00 $ 360.00
(Caliper greater than 6")
28 Restanding and Staking Small Canopy Tree Each $ 160.00 $ 160.00 $ 160.00
2x2 posts and guy wire,4"-6" caliper)
29 Restaking Large Canopy Tree Each $ 100.00 $ 100.00 S 100.00
(2x4 posts,greater than 6" caliper)
30 Root pruning,re-planting,re-standing and staking Each 390.00 $ 390.00 $ 390.00
with 2x4 (Tree or Palm)
31 Root Pruning,re-planting,re-standing and staking Each S 450.00 $ 450.00 $ 450.00
with 4x4 (Tree or Palm)
32 Root Pruning,re-planting,re-standing and staking Each 90.00 $ 90.00 $ 90.00
with lodge poles(Tree only)
MARKUPS-ADDITIONAL SERVICES
Material Markup 10%
Equipment Markup 10%
Subcontractor Markup 15%
*prices shall remain firm for the initial three year term of the agreement
Page 2 of 2
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Other Exhibit/Attachment
Description:
❑ following this page (pages through )
❑■ this exhibit is not applicable
Page 17 of 17
Fixed Term Service Multi-Contractor Agreement
[2024_ver.1]
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