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#24-8287 (A&M Property Maintenance, LLC)
FIXED TERM SERVICE AGREEMENT #24-8287 for "Immokalee Zocalo Plaza Landscape Maintenance" THIS AGREEMENT, made and entered into on this day of I ek(JcL(l 20 25 , by and between A&M Property Maintenance, LLC I authorized to do business in the State of Florida, whose business address is 4396 Owens Way, Ave Maria, FL 34142 , (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 n upon the date of Board approval; or t}-or - 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 0—Notice—to—Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of®f equest-for-Pfeposal-(R-ER) [ Invitation to Bid (ITB) 7 Other ( ) # 24-8287 , 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 [2024_ver.3] CAO 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): 9--Eunip-Sum F+xed-Pricc): A firm fixed-totat-pri #cring for a projcct; the risks arc transferred-from--tine-Geuety to the contractor; and;as-a ees-practice-t+ erc are-no hourly—or material invoices presented, rather;--the--e perform-o the satis#action--of-theua ore-p oentfaet is-authorized. �I 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). 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. Page 2 of 17 Fixed Term Service Agreement [2024_ver.3] CAC 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-Expenses Travel-and Reimbursabie-Ex ses-t r yst-be-approved-its----aadvanee-in-writing-by-the County,---Travel . s. Reimbursements-shall be at the-following-rates: Mileage $O 44-&-per--tile Breakfast wee Lune# $-f 1.ee $-1-9709 Airfare Actual-tieketcost-limited--to-touris#-er--excel -crass fare- Rerrtafear Ae al-rental--e-ast-limited4o-compact--or--standard-size vehicles- 'Lodging -cap-of-ne•moce than $1-50 00-per-n4ght Parking Actual-cost-of-parking Taxi-or-Airport-Lit ousine Actual-costof-either--taxi or airport-limousine Reimbursable ravel-expenses-shall be-lir itecl-te-tie-fel•1owing --telephone long-distance charges, fax charg tage:----Reimtrsable items will be paid-o -after-Gontracto --ha haT-be responsible for all-other costs arid-expenses ass undertaken pursuant--te4his-Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: A&M Property Maintenance, LLC Address: 4396 Owens Way Ave Maria, FL 34142 Authorized Agent: Sylvia Yzaguirre Attention Name & Title: Owner Telephone: 239-503-0303 E-Mail(s): Aandmtotal@yahoo.com Page 3 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 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: Community Redevelopment Agency Division Director: John Dunnuck Address: 3299 Tamiami Trail E. Naples, FL 34112 Administrative Agent/PM: Yvonne Blair Telephone: 239-867-0026 E-Mail(s): Yvonne.Blair@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 4of17 Fixed Term Service Agreement [2024_ver.3] CAO 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. ■ 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. n 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. ■ 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. a- - -Rrofess3 a1 �iabil+ty: Shatt- ien aintained--by-the-GO tractor--to-en its-legat Rabitity--fe --etairnsr-arising-out-efi tiie--perfer-r anee-a# �r$fessfenaf--serviees--etnder--this Agreement. Contractor waives its right efeeever-y-aga+est-Geunty-as-te-any-efaims-cruder ela+r -and-aggregate. E- =-Gjtbe Nability: Coverage-..shall-have-mtnin urn mits--of--$ per claim. Page 5 of 17 Fixed Term Service Agreement [2024_ver.3] CA F. f l : Coverage shall-nave-minimum limits-of$ - -- per claim-. G. • shalhavets-ef-$ per claim/Oceurrence•. H. fl ----- :-Coverage sha-11-have-minimum-tim+ts-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. Page 6 of 17 Fixed Term Service Agreement [2024_ver.3] 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 Community Redevelopment Agency 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■I Exhibit A Scope of Services, Exhibit B Fee Schedule, RFP/ ■ ITB/f--Oter #24-8287 , including Exhibits, Attachments and Addenda/Addendum, 7-7-subsequent quotes-and--l-Ot19er ExhibitJAttaehment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 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 Statute, §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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(ccolliercountyfl.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 Page 8 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 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 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. Page 9 of 17 Fixed Term Service Agreement [2024_ver.3] CAC 25. • 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. n TESTS-AND---tNSPECTIONS.---If-the-Contract-Documents-or-atiy �vde� idws, -ordl aRces, ruics or regulations-of arty-publ+e--authority-having urisdietien-ove e-Prejeet- -requires any-portion of the- tested-er---ap-proved-; Contra ail.-ass ae fall raspon-sib+iit-y-there#ore;-pay-all costs-in-seni gquircd certificates-of-inspectl inspection hali-be-performed-in--a-tanrt acceptance-to-the-Go ty- 27. • PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due 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 [2024_ver.3] CAU 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. KEY PERSONNEL-The Contractor's personnel-and-management-te--be-utilized-for this-project-she+l be-}nowledgeable--in-their-areas-of-expertise:--3k e-6et-t eserves the fight-te--per#err-investigatrofls-as-may be-deemed necessary-to-ensure-that-competent perso-rvs-w b tilized in the-per-#ar ent-Fhe-Gor trac-tof shad-as-sign- Page 11 of 17 Fixed Term Service Agreement [2024_ver.3] cp as- Pete the services on timely basisrand each person assigned--shall--be-available-#or-a dequate--ta-r eet-the--required.-service d etor.shall-not-change-I4ey-PeFsennel unles e-follow+ anstiaas-are feet:- --Pr-oposed-replacements-have--substantially-the--same--or better-qualifications and/.o_experience (2.0ha 4tilag-as-#a -ire-advance-as-p©ss+ble. The-Gontractor-shall-make-eom ner-cfally-feasoneble-efforts-te-notify-Collier-Getty--within seven-(-74-days-of-the--change:--T-he-County-retains-fiboval-of-proposed replacement personnel: 1■• 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. n 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. P ORDER-OFPRECEDENC-Ef Grant-Funde f-arry-eenfli;t-between-or among--the--terms-ef-any-of- he County's Board-approved all ether C precedence over-the--Agreement:--To-the--ex-tcnt a fl+et--in-t ontract 1 eeuments-eannet-be-resolved--by-application-of-the-SupplementaFeonditions, if any, or the Agreement,-the-eenftiet-sll-alHae-resolved-by-it pesing the rnere--stfiet••-of--eestly obligation-under-the-Contract-Dsou-r ats-upon--the.-Contractor at County-s-(iiseretaen. 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 Page 12 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 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(ccolliercountyfl.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. n 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 [2024_ver.31 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. Kinzel4 C4rk of the Circuit COLLIER COUNTY, FLORIDA Court andComptroller',. By. By: )44.14. rl�j Dated: Burt Saunders, Chairman - (SEAL), 4qe'' ,�sfo hairman's -signature-only A&M Property Maintenance, LLC Contractor's Witnesses: Contractor By: ALLiblL ractor s First fitness . ignatu- ' ARtY1Aweio 8.'IZAGo1RRe TType/print signature and title TType/print witness n meT ontractor's Se and Witness EJ SM.SAMDERS TType/print witness name pr ved as r and Legality: P Countykttorney sel.-- Print Name Page 14 of 17 Fixed Tcrm Service Agreement [2024_ver.3] AO Exhibit A Scope of Services ❑■ following this page (containing 1° pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2024_ver.3] CAO Exhibit A Agreement#24-8287 DETAILED SCOPE OF WORK Landscape maintenance services may include, but are not limited to, Routine Maintenance (Mowing and Edging, Street Cleaning, Weeding, General Site Trimming, and Debris Removal), Ornamental & Turf Spraying / Pest Management,and Fertilization. County staff may request additional services,such as,but are not limited to,landscape and irrigation projects,as needed,material applications,pressure cleaning,and tree and palm maintenance. Work Area: The Zocalo Plaza is located at 107 N. First Street, Immokalee, FL 34142, PIN#81681960009 & #81681720003. It is approximately .58 Acres+/—, as shown in the images below.Plans are attached for reviewing the work area. PIN#81681720003 PIN#8168960009 i a v; a h r ‘"Y c. r' a t i - utPgec."Y a cop' SPECIFICATIONS 1. ROUTINE MAINTENANCE: Below are landscape and irrigation maintenance specifications for services the Division will issue monthly. The unit prices include supervision, labor, tools, equipment, materials, and Temporary Traffic Control(TIC)to complete the services. 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.edu/ffl-and-you/gi-bmp-protram/ai-bm p-manual/ 1.1. MOWING&EDGING 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. 1.1.2. Mow in a manner consistent with landscape maintenance industry standards that ensures 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. 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 to the lawn. If bagging clippings, they shall be collected and removed at no additional cost to the County. 1.1.6. 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. 1.1.7. Notify the MSTU Project Manager or designee immediately when turfgrass shows signs of heat stress,disease,or irrigation malfunctions. 1.1.8. String edge along plant beds and turf edges where an underground irrigation system is present; mechanical metal blade edging is not permitted. 1.1.9. Mechanical metal blade edging is permitted along the back of curbs and sidewalks. 1.1.10. With every edging service,cut and remove grass root runners extending into plant beds or mulch areas and concrete,asphalt,and brick paved areas. 1.1.11. 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. 1.1.12. Remove edging debris from roadways, sidewalks, curbing, and gutters on the same day as the service. 1.1.13. Chemicals are not authorized for edging.If chemicals are used and cause damage,the Contractor is responsible for restoring the damaged areas to full restoration where the chemical was applied, at no cost to the County. 1.2. SITE CLEANING:Clean sidewalks,curbs,and gutters,including four feet(4')area from the face of gutters, curbs, and sidewalks immediately following each service to prevent accumulation of debris and to keep areas neatly maintained with safe conditions. 1.2.1. Remove grass clippings and debris from hardscapes following the same day of the mowing services. 1.2.2. 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. 1.2.3. Deposit grass clippings into existing turf areas. 1.2.4. No debris shall be blown or deposited onto adjacent property,accumulated on right-of-way areas, or blown into roadways or travel lanes. 1.2.5. Remove seed pod seeds from hardscape areas and around the palm perimeter. 1.2.6. Remove homeless possessions,such as shopping carts,trash bags,clothing,etc. 1.2.7. The site shall be free of all debris and trash. 1.3. WEEDING 1.3.1. Perform weeding weekly, leaving the area reasonably weed-free, visually well-maintained, and aesthetically pleasing. 1.3.2. Weeding within the worksite includes plant beds,shrubs,around trees,sidewalks,concrete,pavers, signposts,bases,tree grates,pine straw,and crushed shell,etc. 1.3.3. Contractor's employees may manually pull weeds by hand, use a chemical method(not harming plant materials),or use a combination of manual and chemical methods. 1.3.4. Pre-emergent products to control weeds.Apply pre-emergent herbicides in early February.To avoid harming the grass,apply the herbicide before temperatures rise above 65 to 70 degrees Fahrenheit. Nonselective herbicides that contain active ingredients like glyphosate or glufosinate can be used to spot-treat weeds in beds. 1.3.5. Post-emergent products to control weeds. Determine the type of application(systemic or contact herbicides). Use caution when applying to prevent the spray from drifting or contact with non- target plants. 1.3.6. 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 MSTU Project Manager or designee. 1.4. GENERAL SITE TRIMMING: Disinfect pruning tools before performing County contracted services to prevent disease transmission.Services include trimming groundcovers,shrubs,and plant foliage 10 feet and below. 1.4.1. Notify the MSTU Project Manager when plant materials(e.g. trees,ground covers, shrubs,turf) show signs of infestation,disease,or dying. 1.4.2. Remove water sprouts,suckers,dead or diseased foliage,and branches. 1.4.3. Trim plants 18 inches from the irrigation heads to maintain uniform irrigation distribution patterns. 1.4.4. Trim shrubs in their natural form.Do not prune plants into boxed shapes. 1.4.5. Shrub pruning should be done consistently throughout the worksite for all shrub types for landscape continuity. 1.4.6. 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. 1.4.7. Trim trellis bougainvillea growth on the top&pillars of the trellis to keep a maintained look.Clear bougainvillea shoots so as not to obstruct the lights. 1.4.8. Trim and prune bamboo to one foot(1') below the top of the wall, as needed. Maintain to not exceed the height requirement. 1.4.9. Prune ornamental grasses once a year(or as directed by the MSTU Project Manager or designee), only after the blooming season,at the plant base to remove old growth.Do not cut grasses using a flat-top method. 1.4.10. Saw Palmetto trim to maintain a natural rounded 60-inch height,as needed to maintain shape and remove dead fronds. 1.4.11. Perform hard cutting to 18 inches by October 1"each year before cooler temperatures begin so blooming plants are at the proper height before the dry season begins.Shrub hard cutting requires approval from the MSTU Project Manager or designee. 1.4.12. Prune selectively to improve the plant structure's health and to enhance fruiting, flowering, or CAO appearance. 1.4.13. Groundcovers and grasses cannot grow over curbs or onto paved areas. 1.4.14. Maintain tree canopy branches over pathways or sidewalks at a minimum height of 10 feet. 1.4.15. It is mandatory to check plant heights at each service. 1.4.16. Remove pruning and trimming debris at each service. 1.5. DEBRIS/TRASH REMOVAL: Remove trash and debris at each service, including paper, bottles, cans, trash,horticultural and non-horticultural waste,leaves,rocks,branches,limbs,palm fruit and fronds on the ground, and homeless persons' abandoned possessions.This item includes all debris and trash not part of the landscape. 1.6. IRRIGATION SYSTEM MAINTENANCE: The Contractor is responsible for inspecting, operationally testing,and performing minor repairs to the irrigation system.The unit price includes labor and equipment. The MSTU Project Manager or designee will purchase the irrigation parts and arrange for the Contractor to pick them up. 1.6.1. Inspect the irrigation system components to ensure they function properly.Operationally test by performing wet checks,ensure there is a water source,pumps are operating,control enclosures are functioning and intact,controllers are responding to inputs,controller activate zone,zone sequence,and zone duration,rain sensors are intact and functioning,open and close values manually at the valve box,check spray patterns are delivering water to the coverage areas,and water meters are registering flow and water consumption readings. 1.6.2. Check for cuts,leaks,pipe damage,dry areas,flooded areas,dying vegetation,and damaged or deteriorated valve boxes.Report these damages via email to the MSTU Project Manager or designee immediately. 1.6.3. Minor repairs include replacing heads,nozzles,and decoders;installing or replacing risers; repairing minor/lateral PVC piping breaks or subsurface piping or restricted sprinkler lines; replacing damaged valve boxes/lids;etc. 1.6.4. Valve boxes shall be fully accessible and clear of vegetation and debris inside the box,and ensure lids fully close. 1.6.5. Inspect and clean valve assemblies. 1.6.6. Replace and adjust sprinkler heads,nozzles,and screens. 1.6.7. Major irrigation system repairs shall be under additional services and markups. 2. ORNAMENTAL & TURF SPRAYING AND PEST MANAGEMENT: The Contractor shall submit to the MSTU Project Manager a written pest and spray program that shall incorporate ant and rodent control and shall meet or exceed the following minimum standards. The unit price includes labor, equipment, chemicals, and applications. 2.1. Describe procedures,methods,and techniques to enhance the environment. 2.2. Provide maximum protection for the health,safety,and welfare of the public and environment. 2.3. List of all chemicals. 2.4. List application methods. 2.5. 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 applicator's name. Submit the record(s) as backup documentation with the monthly invoice for payment. Invoices may be rejected for failure to submit pesticide documentation. 2.6. The Contractor shall provide a written pest and spray program incorporating ant and rodent control that meets or exceeds the following minimum standards. 2.6.1. Describe procedures,methods,and techniques to enhance the site environment. 2.6.2. Provide maximum protection for the health,safety,and welfare of the public and environment. 2.6.3. Provide MSDS Sheets for chemicals upon request. 2.6.4. Provide signage where applicable. 2.7. Monthly Pest Control:Perform weekly on-site inspections and provide written reports to the MSTU Project CAO Manager or designee monthly. 2.7.1. Methods of Application: One hundred percent(100%)coverage and penetration shall be provided. Insecticides and fungicides shall be applied under the proper pressure to provide maximum coverage. 2.7.1.1. Insecticides should be alternated occasionally to prevent insect resistance to the application. 2.7.1.2. Herbicides used in turf areas shall be applied at the proper pressure. 2.7.1.3. Turf herbicides shall not be applied when the daily temperature exceeds 85 degrees. 2.7.1.4. When the label recommends,a spreader sticker(Nu-Film 17 or equal)shall be incorporated into all spraying of groundcovers,shrubs,trees,palms,and turf areas. 2.7.1.5. When recommended by the label,the MSTU Project Manager, or the designee,all spray applications shall contain a wetting agent in the mix. 2.7.1.6. Follow manufacturers'instructions. 2.7.2.Rate of Application:All chemicals shall be applied at the rates recommended on the manufacturer's labels. 2.7.3.Materials List: Lists shall include insecticide, fungicide, and herbicides, 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 MSTU Project Manager or designee for review and approval. All chemicals used shall be approved by the Environmental Protection Agency for their intended use and area of use, 2.7.4.Application Schedules: Submit application schedules to the MSTU Project Manager or designee before applications for approval.Chemicals applied without schedules and prior approval may have invoices rejected by the Division and services not paid. 2.7.5.Groundcovers, Shrubs, Trees, Turf, Bed Areas, etc.: Insecticides, fungicides, and herbicides applications are monthly with approval from the MSTU Project Manager or designee. The Contractor shall use Integrated Pest Management practices to promote plant health and eliminate unwanted weeds and pests. 2.7.6.Ant Abatement&Mound Removal:This includes all ant species.Use bait formulas to treat mounds individually as they occur. 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 The Contractor shall provide labor,equipment,and materials. 2.7.6.1. Carpenter Ants:Direct treatment of nesting sites is recommended because sites harbor the brood, queen, bulk of the workers, and winged reproductives. A small amount of insecticidal dust or spray applied directly to the nest area is usually successful.Excessive treatment can become repellent,causing the nest to move to another location if the dust or spray is applied near but not directly on the nest. 2.7.6.2. Ant Mounds: The Contractor is responsible to grade and level the mounds once the ants are eradicated. 2.7.7.Rodent Control: Monitor the work site for rodents (e.g., rats and mice).The Contractor supplies labor,materials,and equipment to remove rodents. 3. FERTILIZATION: Follow UF/IFAS guidelines for turfgrass fertilization and comply with Collier County's Fertilizer and Urban Landscaping Ordinance:Collier County's Fertilizer and Urban Landscaping Ordinance Collier County,FL(colliercountyfl.gov).The Contractor must have valid certification issued by the Florida Department of Agriculture and Consumer Services for Limited Urban Commercial Fertilizer Applicator Certification(FDACS LUFAC).The unit price includes labor,equipment,fertilizer,and application. 3.1. Provide fertilization applications twice per year for slow-release formulas.Twice per year,every six months. 3.2. The Contractor shall ensure that fertilization does not exceed the fertilizer label rate prescribed and CAO complies with state and local ordinances. 3.3. Broadcast throughout the planting beds,turf,and palms. 3.4. Fertilize tree pits evenly. 3.5. No fertilizer rings around trees under any circumstances.If a ring is formed,the Contractor must return to the site and spread the fertilizer at the Contractor's expense. 3.6. Immediately remove fertilizer from hardscapes and curbs to prevent staining. 3.7. Blends:Florikan's slow-release fertilizer is the recommended manufacturer.The manufacturer labels are provided for review.However,the Contractor is authorized to use an equivalent formula with approval by the MSTU Project Manager or designee. 3.7.1. Florikan Custom Blend/8-0-12 Palm Blend, 180 days,Micro Size Prill. 3.7.2. 8-2-12-180-LND/8-2-12 Palm Blend, 180 days,Micro Size Prill. 3.8. Fertilizer Applications:The Contractor shall use deflector shields on all application equipment to minimize the inadvertent application of fertilizer in non-plant areas.The Contractor shall blow,sweep,or wash back into the landscape any fertilizer deposited on paved or impervious surfaces. 3.8.1. Ensure fertilizers and other lawn chemicals do not directly contact the water. 3.8.2. Apply fertilizer only when plants are actively growing. 3.8.3. Clean up spilled fertilizer materials immediately per the University of Florida IFAS recommendations. 3.8.4. After fertilizing(other than when watering restrictions apply),irrigate with at least a quarter inch (1/4")of water following fertilization to avoid the loss of nitrogen and increase uptake efficiency. If water restrictions apply,the contractor may irrigate as permitted but no more than one-half inch (1/2")following fertilization. 3.9. Bed,Tree,Shrub,Palm,Flower,Groundcover Fertilization:If landscape plants show nutrient-deficient symptoms,notify the MSTU Project Manager or designee within forty-eight(48)hours for appropriate action and approval to treat the materials to maintain plant health.When applying fertilizer,Broadcast fertilizer uniformly over all the landscaped areas,and consider root location,fertilization objectives,and plant species. 4. ADDITIONAL SERVICES: These services are not part of the routine landscape maintenance services. The Division may request additional services 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. 4.1. LABOR HOURS: These hours are for landscape or irrigation maintenance services as requested by the MSTU Project Manager or designee. Overtime(OT)rates apply to labor only.The hours are 6:01 p.m.to 5:59 a.m.or on County observed holidays and weekends.OT hours will require written pre-approval by the MSTU Project Manager or designee. The overtime rate is 1.5 times the unit price. 4.2. DEBRIS & TRASH REMOVAL—WEEKENDS, COUNTY HOLIDAYS, OR AFTER HOURS: The MSTU Project Manager or designee may request the removal of debris and trash following weather events, County-sponsored events,or as required.The services may be on weekends,County-observed holidays,or after hours from 6:01 p.m.through 5:59 a.m.The hourly unit price includes labor,equipment,and disposal fees. 4.3. EQUIPMENT WITH OPERATOR:The MSTU Project Manager or designee may request services requiring equipment with an operator.The hourly unit price includes delivery and return, equipment,operator,fuel, labor,and supplies. CAO 4.4. MATERIAL APPLICATIONS: The Division may request pine straw or crushed shell replacement applications or topcoats.Replacement applications shall follow the as-built plans installation notes and chart. The bale or cubic yard unit price includes labor,pine straw bales or crushed shells,equipment,and disposal. 4.4.1. Pine Straw:install to maintain a 3-inch depth in the planting beds. 4.4.2. Crushed Shell:Clean washed crushed shell"3-inch depth,shell size is no larger than %z"diameter. 4.5. PRESSURE CLEANING:The Division may request services for pressure cleaning hardscapes such as curbing,pavers,sidewalks,light posts,bandshell,memorial benches,wood benches,walls,and paved areas,etc.No work shall start unless approved by the MSTU Project Manager or designee.The hourly unit price includes labor,equipment,pressure cleaning chemicals,and water. 4.5.1. Pressure cleaning equipment must have adequate power to remove pavement markings without destabilizing the pavers. If the paver joints are destabilized,the Contractor may be required to re- sand them,at no cost to the County. 4.5.2. Immediately notify the MSTU Project Manager or designee if you find damaged pavers,curbing, or concrete. 4.6. TREE AND PALM SERVICES:Work may require replanting,restanding,and staking fallen or leaning plant material,trees, and palms.The 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.Tree staking materials can be invoiced using the material markups. 4.7. MARKUP:Percentage markups apply when additional services are needed.There are no markups on taxes or freight/delivery charges. 4.7.1. 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. 4.7.2. Equipment Markup:A 10 percent markup is authorized for equipment not listed on the fee schedule. The Contractor shall email an estimate to the MSTU Project Manager or designee to approve rental equipment. 4.7.3. Subcontractor Markup:A 15 percent markup for subcontractor services.The Contractor shall email an estimate to the MSTU Project Manager or designee to approve subcontractor services not listed on the fee schedule. 5. GENERAL INFORMATION 5.1. CERTIFICATIONS:The Contractor shall maintain the following certifications throughout the contract term and subsequent renewal periods. 5.1.1. Limited Urban Commercial Fertilizer Applicator Certification,Chapter 482.1562,F.S. 5.1.2. Maintenance of Traffic (MOT) or Temporary Traffic Control (TTC), Intermediate Level Certification. 5.1.3. Certified Pest Control Operator,Lawn&Ornamental,Chapter 482.111,F.S. 5.1.4. 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.Chapter,482.091 F.S. 5.2. LICENSES: The Contractor shall maintain the following licenses throughout the contract term and subsequent renewal periods. C'AO 5.2.1. Collier County Landscape Restricted&Collier County Irrigation License,or Collier County Landscape&Collier County Irrigation License;or Collier County Unlimited Landscape License (includes landscape and irrigation licenses). 5.2.2. Collier County Pest Control License. 5.3. WORK AREA CONDITIONS:The Contractor agrees and accepts that the awarded work areas are in"as is"condition. 5.4. WORK COMMENCEMENT:The work shall start with issuing a purchase order. 5.5. 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. 5.6. 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. 5.7. FINAL INSPECTIONS: Following services, the contractor must notify the MSTU Project Manager or designee that the work is completed for final inspection.The Contractor will be notified when the finished work fails to comply with the Contract specifications. 5.7.1. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 5.7.2. The Contractor shall notify the MSTU PM when deficient work is ready for re-inspection. 5.7.3. 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. 5.7.4. There will be no cost to the County for the Contractor to correct deficient work. 5.8. DAMAGES: The Contractor's negligence in causing damages shall be repaired or replaced at the Contractor's expense within seventy-two(72)hours,or as agreed upon by the MSTU Project Manager.Some examples of negligence resulting in damages are dying plants, shrubs,trees, grass,or foliage,or failure to provide ramps or other devices to access the curbs into the work site, resulting in curb or turf damages. Complete any required repairs to the satisfaction of the MSTU Project Manager or designee at no additional cost to the County. Repairs shall be completed before the Contractor's invoice for landscape services is submitted. 5.9. ACCIDENT REPORTING: The Contractor is to report to the MSTU Project Manager or designee each week any accidents or thefts involving or occurring within the work areas covered by this Contract. 5.10.WORK ZONE SAFETY:The Contractor shall use caution while working on County Right-of-Way(ROW) (i.e.,roads,sidewalks,bike paths,etc.)in or around County-owned or operated facilities. 5.10.1. 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. 5.10.2. Appropriate work zone signage,cones,barricades or barrels,arrow panels,flagging personnel,and stop/slow paddles. 5.10.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 5.10.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 5.11.TEMPORARY TRAFFIC CONTROL (TTC): The Contractor is responsible for setting up TTC with the C'A© right equipment and proper placement of lane closed signs,pre-warning signs,arrow boards,traffic cones, message boards,warning devices,barriers,or flagmen. 5.11.1. The Contractor is responsible for maintaining TTC while performing services in the right-of-way and roadways. 5.11.2. TTC is a requirement for the safety and protection of the Contractor's employees and motorists during services'performance. 5.11.3. It is the Contractor's sole responsibility for safety in the work zone. 5.11.4. The Contractor must conform to the latest edition of the FDOT,Design Standards,600 series,and The Manual on Uniform Traffic Control Devices(MUTCD). 5.1 1.5. The Contractor is responsible for the TTC plan and equipment setup. 5.11.6. Certified TTC employee to meet the MSTU Project Manager or designee within twenty(20)minutes of the initial contact to address work zone safety issues. 5.11.7. TTC setup that does not comply will have operations ceased until TTC is corrected per the FDOT standards and MUTCD. 5.12.WORK HOURS: Regular service hours are Monday through Friday from 6:00 a.m. to 6:00 p.m. The Contractor or MSTU Project Manager or designee may request to work outside these hours,but it requires approval from the MSTU Project Manager or designee. 5.13.LANE CLOSURES: On weekdays, lane closures are not permitted between 7:00 a.m. and 9:00 a.m. and 3:30 p.m.and 6:30 p.m.Lane closures require MOT/TTC with proper placement of lane-closed signs,pre- warning signs,arrow boards,traffic cones,etc. 5.14.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.colliercountyfl.gov/government/transportation-manazement- services/services/construction-and-maintenance-public-information/road-alerts. 5.15.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. 5.16.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. 5.17.WORK SCHEDULES: Email work schedules to the MSTU Project Manager or designee. This is a mandatory requirement,and having work schedules is imperative for inspection purposes. 5.17.1. Schedule the work to complete the work in one (1) visit unless directed by the MSTU Project Manager or designee. 5.17.2. 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 or as agreed upon by the MSTU Project Manager or designee. 5.17.3. List crew personnel names,service dates,and times. 5.17.4. Immediately notify the MSTU Project Manager or designee of any changes to the work schedule. 5.17.5. The Division reserves the right to change schedules as needed per the season, weather, work conditions,budgetary,or if it is in the County's best interest. 5.18.GENERAL MAINTENANCE REPORT SHEETS(GMRS): GMRS shall be completed on a weekly basis, CAO signed by the Contractor, and submitted via email to the MSTU PM or designee the next day following completion of services. 5.19.WORK DELAYS:The Contractor shall notify the Division immediately of any delays via a phone call and follow up with an email the next business day with a written summary of the delay. 5.20.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 MSTU Project Manager or designee. 5.20.1. If the Contractor's ability to perform the work under the Contract is compromised, it shall immediately notify the County's Contract Administrator in writing. 5.20.2. The MSTU Project Manager or designee may utilize the Secondary Contractor if the Primary Contractor cannot provide the services as requested. 5.20.2.1. If the Primary Contractor continually fails to provide service requests,the Contract may be terminated,and the Secondary Contractor will assume all work under the Contract's terms. 5.20.2.2. During any notice of default, breach, or suspension, the County shall have the full authority to utilize the Secondary Contractor as the Primary Contractor. 5.21. PERSONNEL: The Contractor shall provide the County's Contract Administrator contact information before the contract kick-off meeting.The information must include names with titles,email addresses,and telephone numbers(direct business line and cell phone). 5.21.1. Key Personnel employees must be English-speaking to effectively communicate with the MSTU Project Manager or designee. 5.21.2. In the absence of key personnel, the Contractor shall immediately notify the MSTU Project Manager or designee and email the information for the substitution personnel. 5.21.3. The County reserves the right to remove key personnel who fail to communicate effectively with County staff from the Contract. 5.22.MEETINGS: Either party may request meetings throughout the contract term, requiring mandatory attendance.The County does not incur additional costs for meeting attendance. 5.22.1. Mandatory MSTU Meeting:The Contractor shall attend the monthly Immokalee Beautification MSTU Advisory Committee meeting to discuss the ongoing landscape and irrigation maintenance status per the weekly/monthly report(s)and answer any questions.The meeting duration is approximately one hour. 5.22.2. The Contractor shall attend on-site inspections at Zocalo Plaza to verify work completed or review open issues,as requested by the MSTU Project Manager or designee. CAO Exhibit B Fee Schedule following this page (containing 2 pages) Page 16 of 17 Fixed Term Service Agreement [2024_ver.3] CAO Exhibit B - Fee Schedule ITB#24-8287 A&M Property Maintenance, LLC ROUTINE MAINTENANCE Item Description UOM Unit Price Mowing&Edging Weekly $ 50.00 2 Site Cleaning Weekly $ 50.00 3 Weeding Weekly $ 50.00 4 General Site Trimming Monthly $ 200.00 5 Debris/Trash Removal Weekly $ 100.00 6 Irrigation System Maintenance Weekly $ 100.00 ORNAMENTAL&TURF SPRAYING/PEST MANAGEMENT(includes labor,equipment,chemicals,and materials) Item Description UOM Unit Price 7 Insecticides, Fungicides, and Herbicides Groundcover, Turf, Shrubs, Trees, Monthly $ 100.00 Bed Areas. Foliar Application 8 Ant Abatement&Mound Removal Monthly $ 100.00 9 Rodent Control Monthly $ 100.00 FERTILIZATION: TURF,GROUNDCOVER,SHRUB,TREE, PALM(includes labor,equipment,fertilizer,and materials) Item Description UOM Unit Price 10 8-0-12(180 day release) Rainy Season 50 lb bag $ 100.00 11 8-2-12(180 day release) Dry Season 50 lb bag $ 100.00 ADDITIONAL SERVICES LABOR HOURS(Regular hours are from Monday through Friday from 6:00 a.m.to 6:00 p.m.) Note:Overtime(OT) rates apply to labor only.The hours are 6:01 p.m. to 5:59 a.m., County observed holidays, and weekends. OT hours will require written pre approval by the MSTU Project Manager or designee. The overtime rate is 1.5 times the unit price. Item Description UOM Unit Price 12 Landscape Supervisor Hourly $ 85.00 13 Landscape Laborer Hourly $ 65.00 14 Irrigation Supervisor Hourly $ 85.00 15 Irrigation Technician Hourly $ 65.00 16 Irrigation System Review Hourly $ 85.00 DEBRIS&TRASH REMOVAL-WEEKENDS,COUNTY HOLIDAYS,OR AFTER-HOURS SERVICE HOURS: 6:01 PM- 5:59 AM(Includes labor,equipment,and disposal fees) Item Description UOM Unit Price 17 Landscape Supervisor Hourly $ 125.00 18 Landscape Laborer Hourly $ 85.00 EQUIPMENT WITH OPERATOR (Includes the delivery and return,equipment, operator,fuel, labor,and supplies) Item Description UOM Unit Price 19 Bucket/Lift Truck w/operator Hourly $ 150.00 20 Water Truck w/operator Hourly $ 150.00 21 Mini Excavator w/operator Hourly $ 250.00 22 Crane Truck w/operator Hourly $ 300.00 23 Skid Loader w/operator Hourly $ 300.00 CAO MATERIAL APPLICATIONS(includes labor, materials,and equipment) Item Description UOM Unit Price 24 Pine Straw Applications with Labor and Materials(topcoat) Bale $ 8.00 25 Pine Straw Applications with Labor and Materials(re-application) Bale $ 8.00 26 Crushed Shell Applications-Labor and Materials(topcoat) Cubic Yard $ 125.00 27 Crushed Shell Applications-Labor and Materials(reapplication) Cubic Yard $ 125.00 PRESSURE CLEANING(includes labor, materials, pressure cleaning chemicals,equipment,and water) Item Description UOM Unit Price 28 Pressure Cleaning Hourly $ 100.00 TREE&PALM MAINTENANCE SERVICES(Includes labor,equipment,and materials) Item I Description UOM Unit Price 29 Staking Large Palms (Caliper greater than 6") Each $ 150.00 30 Staking Small Canopy Tree(2x2 posts and guy wire, 4"-6"caliper) Each $ 75.00 31 Staking Large Canopy Tree(2x4 posts,greater than 6"caliper) Each $ 150.00 32 Restanding and Staking Small Palm (4"-6"Caliper) Each $ 150.00 33 Restanding and Staking Large Palms(Caliper greater than 6") Each $ 250.00 34 Restanding and Staking Small Canopy Tree(2x2 posts and guy wire, 4"-6" Each $ 150.00 caliper) • 35 Restaking Large Canopy Tree(2x4 posts, greater than 6"caliper) Each $ 250.00 36 Root pruning, re-planting, re-standing and staking with 2x4(Tree or Palm) Each $ 250.00 37 Root Pruning, re-planting, re-standing and staking with 4x4(Tree or Palm) Each $ 300.00 38 RRoot Pruning, re-planting, re-standing and staking with lodge poles(Tree Each $ 175.00 Other Exhibit/Attachment Description: following this page (containing pages) I this exhibit is not applicable Page 17of17 Fixed Term Service Agreement [2024_ver.3] CAO AFFIDAVIT REGARDING LABOR AND SERVICES Effective July 1, 2024, pursuant to §787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Nongovernmental Entity's Name: A&M PROPERTY MAINTENANCE, LLC Address: 4396 OWENS WAY,AVE MARIA, FL 34142 Phone Number: (239)503-0303 Authorized Representative's Name: SYLVIA B.YZAGUIRRE Authorized Representative's Title: OWNER Email Address: AANDMTOTAL@YAHOO.COM AFFIDAVIT SYLVIA B.YZAGUIRRE (Name of Authorized Representative),as authorized representative attest that A&M PROPERTY MAINTENANCE,LLC(Name of Nongovernmental Entity)does not use coercion for labor or services as defined in§787.06, Florida Statutes. Und enalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. �► 1a5lac5 (S. natur orized representative) Date STATE OF fov c U COUNTY OF COWL_ I worn to(or affirmed)and subscribed before me,by means ofhysical presence or❑online notarization this day of\Jan, , 2021:1 byS Iv A if Name o Affiant),who produced his Florida Driver's License as iderfi' a • n. — — — jir CHRISTINA BODE Nota ublic(not required when digital) e ' Notary Public•State of Florida h. Commission M HH 403225 ILAnl2S( 20i1 k '''ovn My Comm.Bxpires May 25,2027 0 V Bonded through National Notary Assn. I Commision Expires Personally Known 4.R Produced Identification ❑ Type of Identification Produced: CA