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Agenda 06/14/2016 Item #16E 6 6/14/2016 16.E.6. EXECUTIVE SUMMARY Recommendation to award Invitation to Bid 16-6555 "Grounds Maintenance — Facilities Management Division" to Hannula Landscaping & Irrigation, Inc. and for the Board to approve Agreement 16-6555 with Hannula Landscaping&Irrigation,Inc. OBJECTIVE: To maintain Collier County Sites for grounds maintenance and landscaping. CONSIDERATIONS: Collier County Facilities Management Division sought the services of a qualified landscaping company to furnish all necessary labor, tools, appliances, equipment, supplies and maintenance and any other necessary accessories or services to perform the routine grounds maintenance and landscaping services specified for Collier County Sites. Routine landscaping services include mowing,edging,mulching,and shrub maintenance. Notices of the solicitation were emailed to 550 companies, 31 companies downloaded bid packages, and three (3) firms submitted bids by the April 27, 2016 deadline. The results of the bid tabulation are as follows: `r?,N4Vendor4, x Monthly Cost Annual Cost Hannula Landscaping and Irrigation,Inc. $54,110 $649,320 Florida Land Maintenance $56,105 $673,260 Duval Landscape Maintenance $72,027 $864,324 After review, County Staff is recommending that ITB 16-6555 be awarded to the lowest, responsive bidder,Hannula Landscaping&Irrigation,Inc. All work will be issued and performed through the use of standard County Purchase Orders. The proposed agreement is a two year term,with the County having the right to renew for three additional one year periods. The primary payment vehicle for this routine maintenance is fixed unit based pricing, with the County having the ability to utilize either lump sum payments or time and material cost payments for unanticipated additional services. The County intends to use the awarded contractor for these services; however, in order to ensure that these services continue to be offered at the lowest costs to the County,the County reserves the right at any time to use other contractors for the services described by requesting additional quotes or bids. FISCAL IMPACT: The expected annual costs of this Agreement for Collier County Sites is approximately $650,000. This amount will increase should other facilities be added to the County during the course of this agreement. Other County Departments/Divisions may use this contract based on their available budgeted funds.The source of funds is the Unincorporated General Fund. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality,and requires majority support for approval. -JAK RECOMMENDATION: That the Board award Invitation to Bid 16-6555 "Grounds Maintenance — Facilities Management Division"to Hannula Landscaping& Irrigation,Inc. and for the Board to approve Agreement 16-6555 with Hannula Landscaping&Irrigation,Inc. Prepared by: Megan Gaillard,Internal Controls Manager,Facilities Management Division Attachments: (1)Bid Tabulation (2)Invitation to Bid 16-6555—Grounds Maintenance—Facilities Management Division (3)Agreement 16-6555 -Hannula Landscaping&Irrigation,Inc. Packet Page -1554- 6/14/2016 16.E.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.6. Item Summary: Recommendation to award Invitation to Bid 16-6555—Grounds Maintenance—Facilities Management Division,to Hannula Landscaping& Irrigation, Inc., and for the Board to approve Agreement 16-6555 with Hannula Landscaping& Irrigation, Inc. Meeting Date: 6/14/2016 Prepared By Name: GaillardMegan Title: Manager-Internal Controls,Facilities Management 5/24/2016 10:02:01 AM Submitted by Title:Manager-Internal Controls,Facilities Management Name: GaillardMegan 5/24/2016 10:02:02 AM Approved By Name: pochopinpat Title: Operations Coordinator,Administrative Services Department Date: 5/24/2016 1:02:54 PM Name: JohnsonScott Title:Manager-Procurement,Procurement Services Date: 5/24/2016 1:39:03 PM Name: HerreraSandra Title:Manager-Procurement,Procurement Services Date: 5/24/2016 2:02:02 PM Name: LinguidiDennis Title:Division Director-Facilities Mgmt,Facilities Management Date: 5/24/2016 4:00:49 PM Packet Page-1555- 6/14/2016 16.E.6. Name: BurnsRhonda Title: Procurement Specialist,Procurement Services Date: 5/24/2016 5:07:15 PM Name: CarballoMiguel Title:Manager-Facilities,Facilities Management Date: 5/24/2016 5:33:58 PM Name: MarkiewiczJoanne Title: Division Director-Procurement Services,Procurement Services Date: 5/25/2016 7:00:37 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/25/2016 12:25:59 PM Name: PriceLen Title: Department Head-Administrative Svc,Administrative Services Department Date: 5/31/2016 5:11:57 PM Name: WellsLaura Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 6/1/2016 10:23:40 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/1/2016 10:49:55 AM Name: CasalanguidaNick Title: Deputy County Manager,County Managers Office Date: 6/5/2016 10:39:48 AM Packet Page -1556- 6/14/2016 16.E.6. o - m ., m Z o O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C N O O O O O O O O O O O O O O 0 O O O O O O O O O O O O O O O O O 0 O O O O O O O O o O O O 0 7 0 CD O Ti N 6 O CO Ti Ti 0 CO CD Ti 6 CO Ti Cb CO Ti N W 6 (fl 7 0 Ti CD Ti Ti M Ti O 6 CD N_ N CO N 6 7 O co Y CO (.1 N O N c0 c0 r c0 CO O N N CD CO CD 7 7 40 6 CO N 7 CO O U) V O N CD 7 03 CO 7 0 6 C0 GO CO r c0 r CO a O CO C0 r CD N. 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Y Y ` >. >, >, C 0 0 0 V 0 U "' O. 0( c EEEEE - Nm cl - O W O C al 0" 2 2 ILII < < < < W QQUW CO 2. );; A — 4 ' � c4LLU, 2U, U, U, U, U, s (Packet Page-1558- n. a. 6/14/2016 16.E.6. coltier County Administrative Services Department Procurement Services Division Invitation to Bid Date: April 12, 2016 From: Rhonda Burns, FCCN, CPPB, Procurement Strategist (239) 252-8941 (Telephone) (239) 252-6700 (FAX) RhondaBurns@colliergov.net (Email) To: Prospective Vendors Subject: Solicitation 16-6555 Grounds Maintenance - Facilities As requested by the Facilities Management Division, the Collier County Board of County Commissioners Procurement Services Division has issued this ITB for the sole intent and purpose of obtaining fair and competitive bid responses on the above referenced ITB. Please refer to the Public Notice included in this document for the time and date of the opening date and any applicable pre-ITB conference. Any and all questions regarding this ITB must be asked online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All answers to questions will be posted on the noted website with electronic notification to all prospective bidders. We look forward to your participation in Collier County's competitive procurement process. cc: Ann Simpson, Facilities Compliance Officer Note: All ITB responses submitted must include one (1) original labeled MASTER, along with one (1) exact duplicate copies, including all required forms. su., 0 Prot romentServices DMsian•3327 Tamiami Trail East•Naples,Florida 34112-1941.2332528407•wmv.mlliergov.nettprocurernentservices #16-6555 1 ITB Landscape Maintenance_01202016 Packet Page-1559- 6/14/2016 16.E.6. Invitation to Bid Index PUBLIC NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL BID INSTRUCTIONS 18 EXHIBIT III: STANDARD PURCHASE ORDER TERMS AND CONDITIONS 24 EXHIBIT IV: ADDITIONAL ITB TERMS AND CONDITIONS 27 ATTACHMENT 1: VENDOR'S NON-RESPONSE STATEMENT 35 ATTACHMENT 2: VENDOR'S CHECK LIST 36 ATTACHMENT 3: VENDOR SUBMITTAL— BID RESPONSE FORM 37 ATTACHMENT 4: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 39 ATTACHMENT 5: IMMIGRATION LAW AFFIDAVIT CERTIFICATION 40 ATTACHMENT 6: VENDOR SUBSTITUTE W—9 42 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 43 ATTACHMENT 8: SITE LOCATIONS 46 #16-6555 2 ITB Landscape Maintenance_01202016 Packet Page-1560- 6/14/2016 16.E.6. Co ier County Administrative Services Department Procurement Services Division PUBLIC NOTICE Sealed bid responses for Solicitation 16-6555 will be received electronically or manually only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 PM Collier County local time on April 27, 2016. ITB responses received after the stated time and date will not be accepted. Solicitation 16-6555 Any and all questions regarding this ITB must be asked online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All answers to questions will be posted on the noted website with electronic notification to all prospective bidders. All ITB responses must be made on the official ITB response form included as part of this ITB and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. Solicitation documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages bidders to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/Joanne Markiewicz Director, Procurement Services Division Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on April 12, 2016. #16-6555 3 ITB Landscape Maintenance_01202016 Packet Page-1561- 6/14/2016 16.E.6. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Facilities Management Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB")with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Ordinance. Brief Description of Purchase Collier County Facilities Management Division is seeking the services of a qualified landscaping company to furnish all necessary labor, tools, appliances, equipment, supplies and maintenance and any other necessary accessories or services to perform the landscaping services specified. Historically, the Facilities Management Division has spent approximately$650,000.00. Other County departments use this contract based on their available budgeted funds. Background The Division of Facilities Management is responsible for the maintenance, upkeep and repair of landscaping and irrigation systems for over 55 sites throughout the County. Detailed Scope of Work While the County intends to use the contractor awarded as a part of this solicitation, the County reserves the right at any time to use other contractors for the services described by requesting additional quotes or bids from other contractors (per the Board's Purchasing Ordinance). All routine maintenance work outlined in Scope of Work and Site Locations must be performed "in- house"with no subcontractors, except for fertilization and tree trimming if necessary, which shall still be considered part of the vendor's bid submission with no additional fees or costs. Additional services may be subcontracted as needed, but must be pre-approved by the Facilities Management designee and the proposal must clearly state the specific service and the Facilities Management designee (by name)who requested the service. Actual invoicing from the subcontractor shall be required as backup for the main contractor submittal to the County for invoicing purposes. Collier County expects the successful bidder to fully comply with all terms of this bid. Every item and schedule is considered an important element of the bid and must be strictly adhered to. The work covered by this bid consists of furnishing all labor, equipment, and materials. Bidders must meet the following requirements in order to be considered for this award: 1. Have the capacity to perform. 2. Have successfully executed contracts similar in nature and dollar value with municipalities or large properties (must provide details with submission). Bidder(s) may be required to confirm to Facilities Management Division's Work Management procedures, such as utilizing the Division's work order forms, or future online work order system at no additional cost to the County. #16-6555 4 ITB Landscape Maintenance_01202016 Packet Page-1562- 6/14/2016 16.E.6. The frequency of routine service (mowing, edging, trees/shrubs/other plant material maintenance, weeding, pest control and other associated landscape maintenance services outlined under the scope) will be as follows: June— November(6 months) = Once a week December—May (6 months) = Once every other week Note: The vendor may total the cost for the annual period and allocate the average on a monthly basis for billing purposes. If the monthly allocation billing method is used, then an attestation with list of services performed and locations with the dates of service per month will be required. Item #1, The Collier County Government Complex(as noted in Exhibit 2) must be: • Completed in a maximum two consecutive day time frame for each frequency and on the same consistent days unless specific variances are approved in advance by the Facilities Manager or his designee (i.e., the site must be scheduled on two days of the week (Monday and Tuesday), and; o Note:Work is not to be scheduled on Board of County Commissioner meeting days. A calendar schedule will be provided. • Completed fully (all required services listed below throughout the entire site) on the same days of the week (i.e., Monday and Tuesday etc.)for each frequency, which may be either once a week or once every other week depending on the time of year. Full yearly schedules of proposed days for service will be submitted to the Facilities Manager or designee at the beginning of the contract and updated if there are any changes throughout the term(s) of the contract. Should the contractor not conduct the required service on the required days, as approved initially by Facilities Management, associated fines listed below(under tasks) may be assessed. Off Campus sites must be (Items 2—58, all sites other than item #1): • Completed in a one day time frame for each frequency and on the same consistent day unless specific variances are approved in advance by the Facilities Manager or designee (i.e., site#3 must be scheduled on a specific day of the week (Monday, Tuesday, Wed. etc.), and; • Completed fully (all required services listed below throughout the entire site) on that same day of the week (Monday, Tuesday, Wed. etc.)for each frequency, which as stated above may be either once a week or once every other week depending on the time of year. Sites: Exact locations of sites are listed on Attachment 8: Site Locations. Approximate Area: It is the bidders' responsibility to measure the acreage of each site. The County will not accept requests for price increases due to the vendor not verifying the acreage and not being fully informed as to the scope of services required. All acreage includes the right-of-way beyond any sidewalk. Tasks Mowing: All turf, to include right-of-way, shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings; should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost to the County. Grass shall be cut at a height of three and one-half inches (3.5"). The number of cuttings may be modified by the Facilities Manager or designee at the County's discretion, requiring a negotiated cost change between the Facilities Manager or designee and the #16-6555 5 ITB Landscape Maintenance_01202016 Packet Page -1563- 6/14/2016 16.E.6. Contractor. The Contractor will clean all clippings from sidewalks, curbs, and roadways immediately after mowing and/or edging. The contractor will not sweep, blow or otherwise dispose of clippings in sewer drains. The Contractor shall use alternate mowing practices, patterns or equipment so as not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty-one inch (21" +/-)diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Median strips shall be mowed as needed for a well-maintained appearance as determined by the Facilities Manager or designee. The Contractor must inspect and empty all exterior trash containers on each visit to the facility to ensure a well-maintained appearance as determined by the Facilities Manager or designee. All horticulture debris shall be immediately removed from the site, including debris from the Collier County Museum and University Extension Office. Prior to mowing, blades shall be inspected to ensure that they are sharp and adjusted to assure a clean cut, and mowers checked for proper height of three and one half inches (3.5"). The usage of dull blades, demonstrated by clumps of grass left on turf, will result in a Deduction of$200.00 per site, per incident and will be notified in writing by the contract manager of such infraction. Edging: Mechanical edging on the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, sign posts, posts, valve boxes, sprinkler heads and all other areas deemed necessary by the Facilities Manager or designee. NO EDGING around trees or shrubs with a weed eater will be permitted. Grass root runners found in edged plant beds shall be removed. No chemicals shall be used for edging. All sidewalks, curbing or gutters including two feet (2') area from the face of the curb and sidewalk areas shall be cleaned during each service. No debris shall be left upon completion of work performed. All leaves, branches, and general debris shall be cleared from site(s). All sidewalks shall be blown clean, but no clippings or other debris shall be blown, or deposited on other adjacent property, accumulated on right-of-way areas, or disposed in sewer drains. Contractor may be fined for each individual area not cleared at a rate of$200 per site per incident, and will be notified in writing by the contract manager of such infraction. Shrubs, Plants, Etc.: All groundcovers and shrubs shall be inspected and pruned during service weeks or on an as needed basis, so as to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by the Facilities Manager or designee. Notification needs to be made to the Facilities Manager or designee, within one (1) week of identification of any dying trees, shrubs etc., so appropriate action can be taken. Shrubs shall be trimmed as many times as may be necessary to maintain a sculptured appearance. Shrubs will be pruned with hand shears as needed to provide an informal shape, fullness, and blooms. Shrub pruning should be done consistently throughout each site for all shrub types that require pruning so that the landscape gives the appearance of continuity throughout the site. During October and April, ornamental grasses, such as Fountain, Sand Cordgrass, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or #16-6555 6 ITB Landscape Maintenance_01202016 Packet Page -1564- 6/14/2016 16.E.6. twenty-four inch (24") height based upon the type of plant, but not when flowering. Ornamental grass such as Liriope Muscari and Flax Lilly shall only be pruned at the direction and approval of the Facilities Manager or designee. Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain clearance from the edge of the pathway. It is recommended that adjacent shrubs and groundcovers be maintained so that they angled or are rounded away from the pathway. Canopy Tree and Palm Pruning: Canopy Trees shall be defined as any large shrub,tree or palm with foliage above a ten foot(10') height. All canopy trees and palms shall be pruned to create and maintain a fifteen foot(15') canopy clearance over the roadways and parking lots and a ten foot(10')canopy clearance over all pathways. Canopy trees shall be selectively in perpetuity to maintain a 10' height over walkways and 15' height over roadways and parking lots to thin the interior canopy of cross branching and to shape the canopy of the trees. A professional certified Arborist shall supervise the pruning and shaping and shall be approved by the Facilities Manager. The work shall be done in a professional manner in accordance with ANSI 300, Part 1, 2, & 3 Pruning Standards. Any damaged materials or any incorrect pruning shall result in replacement of that material at the expense of the Contractor. Additional trimming of individual trees, to maintain proper appearance or treating/trimming diseased areas, may be required at the discretion of the Facilities Manager or designee, additional charges must be approved in writing by the County designee, if trimming exceeds the allowed contracted heights. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. There shall be no collar or stub cuts, gutting, topping or overlifting. Plant material with a canopy over pathways or sidewalks shall be maintained at a minimum height of one hundred twenty inches (120") or ten feet(10'). The portion of the canopy that falls below the ten (10')foot level falls under the "General Site Pruning" portion of the contract and shall be kept properly pruned. Contractor shall be responsible for maintenance of all palm species including all palm species identified as"self-cleaning". All palm trees shall be annually trimmed during the month of May, in preparation of hurricane season beginning June 1, or as needed. Palms shall be"Tropical Cut" or to a nine (9) o'clock to three (3) o'clock angle from horizontal at the base of the palms' buds or lowest fronds. The pruning of all palms shall include removal of all nuts, seed stalks, brown or dead and lower- hanging fronds of the palm. The work shall be done in a professional manner in accordance with accepted trade standards. Pruning in parking lots, when vehicles are present, shall be performed after hours or on weekends to prevent damage to vehicles. The palms shall not be climbed to remove the fronds and seed pods. No green palm fronds shall be removed. Access to the tree fronds shall be by ladder, boom truck or lift(vendor is required to provide their own equipment at no additional charge). All debris from the trimmings shall be removed and work site shall be left neat and clean. Work must be completed no later than June 1st or a two hundred fifty dollar ($250)fine will be imposed for each Palm tree not trimmed. Contractor will be notified in writing by the contract manager of such infraction. All grass, tree, and shrub trimmings are to be immediately hauled off-site at the Contractor's expense. The Facilities Manager or designee reserves the right to readdress this item after award of the Contract and after consultation with experts in the field. #16-6555 7 ITB Landscape Maintenance_01202016 Packet Page-1565- 6/14/2016 16.E.6. When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed pursuant to the County M.O.T. Policy. Road alerts to be submitted to the Growth Management Department. Mulching: Plant beds,jogging paths, parking lot heads, and all other mulched areas shall be mulched from October through January. The mulch product shall be "Pro-Euc", and shall be provided and distributed by the Contractor at no additional cost to the County. Before installation of mulch, a sample of the proposed product shall be submitted and approved by the Facilities Manager or designee. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Where applicable, beds shall be prepped prior to mulching so mulch allows percolation. Mulch will not be placed against the trunks of palms,trees and plants. Mulch shall be kept six (6) inches away from the trunk of the tree or palm. After application, mulch needs to be removed from impervious areas. The mulch shall be placed to provide a three-inch (3"+) non-compacted or unsettled depth measured from the existing soil grade. If mulching is not completed by the end of January, a $250 fine will be imposed for each site. Weeding: Weeding of all plant beds, mulched, and rock areas, including medians, shall be performed each service week to ensure a weed-free and visually well-maintained area. The Contractor shall remove all weeds by hand with or without using a chemical treatment. If chemicals are used,they shall be Roundup or equivalent around plants, etc., but to be used in such a manner as to not damage existing plant material. Contractor must remove all weeds from sodded/grass areas using appropriate method. If weeds are not removed, a$100 fine will be imposed for each site. Pest Control: 1. It is required that the Contractor performing these services shall possess and provide the following to the Facilities Manager or designee if requested: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Current Contractor's Occupational License for Pest Control Service (if required by law). c. Certified Pest Control Operator on staff. 2. The Contractor shall provide an overall written pest and spray program that shall incorporate ant control and shall meet or exceed the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. Provide MSDS Sheets for chemicals upon request. d. Provide signage where applicable. 3. The Contractor shall make on-site inspections and provide written reports to the Facilities Manager or designee as needed. 4. Methods of Application: One hundred percent(100%) coverage and penetration shall be provided. Insecticides and fungicides shall be applied at the proper pressure to provide maximum coverage. a. Insecticides should be alternated, as necessary, to prevent an insect resistance to the application. b. Herbicides used in turf areas shall be applied at the proper pressure. c. Turf herbicides shall not be applied when the daily temperature exceeds eighty-five (85) degrees Fahrenheit. #16-6555 8 ITB Landscape Maintenance_01202016 Packet Page-1566- 6/14/2016 16.E.6. d. Spreader sticker shall be incorporated in all spraying of groundcovers, shrubs, trees, palms, and turf areas when recommended by the label. e. Spray applications shall be applied during times of"No-Wind" conditions. f. No trucks or tractors with bar type tires or a gross weight greater than three thousand (3,000) pounds will be allowed within or on the median areas. g. All spray applications shall contain a wetting agent within the mix when recommended by the label. h. The pH of water used in mix must be adjusted to meet pesticides' manufacturer recommendation and water pH and method must be documented for reproduction to the Facilities Manager or designee upon request. 5. Rate of Application: All chemicals shall be applied at the rates recommended on the manufacturer's labels. 6. Materials List: All insecticide, fungicide, and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Facilities Manager or designee for review and approval. All chemicals used shall be approved for use by the Environmental Protection Agency for its intended use and area of use. 7. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the site inspection reports. Ferrmec AC 15-0-0 plus 3% sulfur to one and one-half(1 1/2)gallons of material per one hundred (100)gallons of water to be added with each application of insecticide, fungicide and herbicide. a. Turf Areas: Insecticides & Fungicides -Applications on an as needed basis. Herbicides -Application on an as needed basis, Post-emergent in November, January and March or on an as needed basis. b. Groundcovers, Shrubs and Trees: Insecticides & Fungicides -Applications on an as needed basis. c. Bed Areas: Herbicides—Applications on an as needed basis, Post-emergent in November, January and March or on an as needed basis. 8. Additional Requirements: Records must be kept of all pesticide applications. Documentation shall include but not limited to: date and time of application, weather conditions at time of application, what was applied and name of applier. When it becomes necessary for the Contractor to return for additional spraying as directed by the Facilities Manager or designee due to non-performance of a required application, such additional spraying shall be performed at no cost to the County. Overall ornamental and turf spraying of plants, shrubs, and grassed areas within areas is included in the Contract. Applications shall be made the day following a rain event when plant material is dry. Shrubs and groundcovers shall have the fertilizer blown or fan raked off following the broadcast application. Immediately after the fertilizer is applied, the areas shall be watered. Fertilizers shall be removed from curbs and sidewalk areas to avoid staining. Applications shall be made to turf the day following irrigation or a rain event when grass blades are dry. In areas where applicable, immediately after the fertilizer is applied, the sprinklers shall be activated to provide 1/4" of water to the soil's surface and to dissolve water-soluble particles. Following this watering, the controls shall be returned to automatic mode. Fertilizers containing iron shall be removed from curbs to avoid staining. #16-6555 9 ITB Landscape Maintenance_01202016 Packet Page -1567- 6/14/2016 16.E.6. Fire ant mounds shall be treated during each service visit to the facility. Fertilization: The number of applications shall be based upon BMP. Apply Ferrmec AC 15-0-0 plus 6% iron at one-third (1/3) gallon of material per one hundred (100)gallons of water to be added with each application of insecticide, fungicide, and herbicide. All fertilizer applications shall be granular slow-release. Use of BP for number of applications and rates. Broadcast application - Palms and trees as needed as required (0-8 lbs) as required by size- granular only. No rings around palms. When it becomes necessary for the Contractor to return for additional spraying as directed by the Facilities Director or designee, due to non-performance of a required application, such shall be performed at no cost to the County. Nutrient deficiencies shall be treated with supplemental applications of the specific lacking nutrient according to University of Florida Cooperative Extension recommendations. Irrigation Systems: The Contractor shall report any broken sprinkler system parts or damage to County property found immediately to the Facilities Manager or designee for repair. If the vendor is responsible for broken systems or parts, the vendor is required to repair the damage at no charge to the County. The contractor shall inspect and test rain shut-off devices and other components and zones in the irrigation system monthly and shall reset zone times accordingly. Minor adjustments and repairs such as head/emitter cleaning or replacement, filter cleaning, re-aiming of heads to keep water out of the street, small leaks, and minor timer adjustments shall be made by the Contractor, with the County paying for parts and labor. The contractor, shall in perpetuity, allow for the application of '/2 inch—3/4 inch of water per irrigation cycle. During regular service times, the Contractor will note and report to the County any symptoms of inadequate or excessive irrigation, drainage problems, etc. Irrigation maintenance does not include the specialty plant beds located around the University Extension Office. Repairs or system service beyond the above scope will be charged to the County on a time and material basis for actual repairs only, not for the full monthly check if repairs are made at that time. The Contractor will notify the County of the nature of the problem before repairs are made. Trash Removal: With each service, all site areas shall be cleaned by removing all trash or debris to include, but not limited to: paper, bottles, cans, other trash, and horticultural debris. All debris or trash pickup shall be performed "prior"to mowing all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site at no additional cost to Collier County. Property Damage: Replacement of dead or injured plants due to Contractor negligence will be done without cost to the County. Miscellaneous Maintenance: #16-6555 10 ITB Landscape Maintenance_01202016 Packet Page -1568- 6/14/2016 16.E.6. Parking lots, driveways and medians must be inspected and cleaned of debris during a service week, by removing loose debris, such as glass, leaves, sticks, bottles, cans, paper, cigarette butts, etc. The area within two feet (2')from the outside of the curb on all curbed areas and median islands shall be swept during service to remove any accumulation of debris and to maintain a neat and safe condition. Plant beds shall have leaves and debris raked as needed to maintain a neat appearance. Special care must be given to not dirty or damage any County or personal vehicle. All debris or trash pickup shall be performed "prior"to mowing all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site, no onsite trash dumping in County containers. Horticulture debris shall be removed from the County Museum (main campus) as needed during Complex site visits. Work Orders: Facilities Management utilizes a work order system (Archibus\ FM Studios). Facilities Management will initiate work to be performed. Work orders will be submitted to the Contractor and must be performed within a seven (7) day time period, unless given further notice by Facilities. All work must be discussed and approved by the Facilities Manager or designee prior to work being performed. All work orders must be returned to the Facilities designee with an explanation of work performed. Locates required prior to work being performed if work is six (6) inches in depth. Materials: Materials purchased shall be reimbursed at cost plus applicable mark-up. The Contractor shall provide documentation of the cost for materials (i.e., invoices)for all items with the extended price of five hundred ($500.00) or more. Projected Timetable: The Facilities Manager or designee will contact the Contractor and request a written quote to complete a specific job outside of monthly quoted landscape services. The Contractor shall respond by delivering to the Facilities Manager or designee a written quote which shall include the itemized cost to the County for all work (in accordance with current contract prices), and a specified length of time, in calendar days, needed to complete the work. The Facilities Manager or designee shall be in receipt of this proposal within three (3) business days of the original request. If the quote is accepted by the County, Facilities Management will give to the Contractor a "Notice to Proceed"which may be in the form of a formal letter, written email, a P.O., or a P.O. number if referencing a "blanket P.O.". All County work above $5,000 will have a vendor supervisor on-site. All work under the $5,000 threshold shall have a vendor supervisor on-call. Contractor Performance Collier County's Mission Statement is to "Exceed Customer's Expectations". At time of acceptance of the contract, the Contractor will assume this mission statement as an integral part of the contract and strive in every way possible to achieve this goal. The Contractor shall provide a phone list where the Project Manager or his designated representative can be contacted immediately in the event of unsatisfactory performance or in an emergency. The phone list shall include phone numbers where the Contractor can be reached during both business hours and non-business hours. The County shall be able to reach the Contractor at any time in case of an emergency. The County shall be considered a "prime contract" and all necessary resources shall be directed to this contract enabling the County to continue to function during any emergency or #16-6555 11 ITB Landscape Maintenance_01202016 Packet Page -1569- 6/14/2016 16.E.6. natural disaster. Provide, with your bid, a letter stating the above so the Facilities Management Division may include the letter in our Emergency Preparedness Binder. The Contractor is not allowed to employ illegal immigrants to perform grounds services or any other services in County facilities or in connection with the contract. Please provide, upon award of the contract, certification stating the above. The County has the right to review the supporting documentation and validate the certification. Vendor will provide this documentation to the County, free of charge, at the request of the County. Contractor's Employees The Facilities Director or his designee reserves the right to prohibit, with or without cause at his sole discretion, any of the Contractor's employees from performing services in County facilities or in connection with the contract. Due to the nature of activities conducted by the Collier County facilities, the County requires all background checks be performed prior to hiring of employees and conformance with Ordinance 2004-52, as amended. All employees working on County owned or leased property must be fingerprinted and issued a "special" badge prior to work. Background checks and fingerprinting shall be done by the Facilities Management Division and charged to the Contractor by the Facilities Management Division at the current State-mandated rate before the employee works on County property. Lost or stolen County issued ID cards must be reported to Facilities Management within twelve (12) hours. The current cost of fingerprinting is $40.00 (as of 2/12/16), this price is subject to change. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. Response Times: On a twenty-four(24) hour basis, the Contractor may be required to travel to the site immediately with the Facilities Manager or designee to resolve any deficient work or an emergency. The Contractor shall respond to a cellular phone or email within one (1) hour. There shall be no additional charge for these responses. Work Quality: The Contractor will be expected to examine areas scheduled to receive the work under this agreement, and locate conditions that will adversely affect the performance and quality of the work. The Contractor shall advise the Facilities Manager or designee of all such conditions and secure further directions from the Facilities Manager as required. Safety: All Contractors and subcontractors performing service for Collier County are required to and shall comply with all occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. The County will not be held liable for any vendor safety violations and/or liabilities. Material Safety Data Sheets (M.S.D.S.) are required. Protection of Property: The Contractor shall complete necessary work in such a manner that does not damage property. In the event damage occurs to property by reason of work performed, or lack thereof, under this #16-6555 12 ITB Landscape Maintenance_01202016 Packet Page -1570- 6/14/2016 16.E.6. Contract, the Contractor shall replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor. Documentation: The Facilities Manager or designee shall have the authority to inspect the work site at any time during the performance of the service. Documentation of each job to be completed shall be provided by the Contractor to the Facilities Manager or designee in the form of digital documentation and/or photographs, etc., prior to the start and additionally at the completion of the service. Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given three (3) calendar days to correct the work. There will be no cost to the County for re-works. Non-Performance: In the event the Contractor fails to perform any required service within the time schedule under this contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such performance, per occurrence, from the Contractor's monthly payments according to the following penalization rate schedule when non-compliance occurs. Contractor will be notified in writing by the contract manager of such infraction. Mowing w/dull blades leaving clumps of grass $200/day per site Weeding not done as required $100/day per site Hedges not trimmed as required $100/day per site Debris/Litter not removed $100/day Edging not done as required $200/day Incomplete Mulching as specified $250/site Palm "Tropical Cut" incomplete $250/tree Any scheduled service $200/day per site The Contractor may be exempt from this provision if the Facilities Manager or designee grants such exemption, in writing, prior to any delays caused by the County, or as a result of an Act of Nature. It is the County's intent to have all tasks performed satisfactorily and completed in accordance with the specifications and frequencies set forth under the contract. It is important that the Contractor perform all tasks as prescribed. If any tasks are omitted or not performed satisfactorily and completely and with the frequency designated by the contract, the entire affected area as defined solely by the Facilities Manager or designee shall be found to be a non-performance area and the Deductions shall be utilized. The Deduction Schedule (see above) shall be used by the County in determining deductions for non- performance or deficiencies in work performed. These Deductions may be used (as distinguished from an estimate based on the Contractor's quoted price or cost)to determine the monetary amount that the County may deduct or recover from the Contractor under this agreement for failure to perform in accordance with the contract specifications. A set amount determined, in accordance with the above Deduction Schedule, by the Facilities Manager or designee may also be used, one hundred dollars ($100.00)to two hundred fifty dollars ($250.00) per occurrence, per day, plus actual cost to correct violation. The County has the right to deduct from the Contractor's monthly invoice for non- performance or deficiencies using the Deduction Schedule regardless of whether the County has the deficient work completed using other personnel. Contractor will be notified in writing by the Facilities Manager or designee of such infraction. #16-6555 13 ITB Landscape Maintenance_01202016 Packet Page-1571- 6/14/2016 16.E.6. Additions and Deletions of Sites: Addition or deletion of items, services, or locations may be added or deleted from this agreement upon satisfactory negotiation of price by the Facilities Manager or designee and Contractor. Warranty/Guarantee: Materials, replacement parts and fixtures shall be new and warranted for ninety (90) days. All labor for repairs shall have a ninety (90) day warranty. In addition to the ninety (90) days of"warranty" period, the contractor will be responsible to maintain what is considered satisfactory overall landscaping for the associated County sites. This contract includes the overall landscaping services including install, maintenance, fertilization, pest control, and irrigation. Should the contractor find issues they deem to be "out of their control", such as no irrigation water coming onto a site or available, the Contractor shall be responsible to contact the Facilities Manager or their designee in writing to note and document the concern. As an example, should the Facilities Manager find a large area of grass dead for reasons other than abuse (such as driving over or totally removed or destroyed by another contractor), the Contractor shall be required to replace and mitigate the area. If these areas were pre-existing, the contractor needs note these areas, provide proposals to mitigate and document their submission to Facilities Management. Pre-approval is necessary for additional services. Qualifications/Requirements of Contractor Prior to commencement of this contract, the Contractor shall provide the number of employees presently employed and/or the number of the employees they plan to employ during the period of this contract. The Contractor shall provide a dedicated Site Foreman who shall visit all sites at least one (1)time each week, or bi-weekly as outlined by the frequency of service and month of the year. The Site Foreman shall be the immediate point of contact to the Facilities Manager or designee. The Site Foreman shall be the Contractor or an employee of the Contractor, and shall maintain authority to act for the Contractor in performing the terms of this Contract. If the Site Foreman is someone other than the Contractor, the Facilities Manager or designee, prior to the start date of the Contract shall approve the Site Foreman. The Facilities Manager or designee reserves the right to remove a Site Foreman at their discretion. If the Site Foreman is removed by the Facilities Manager or designee, or by the Contractor, the Contractor, subject to approval of the Facilities Manager or designee, shall promptly appoint a replacement. The Contractor shall be accessible from 7:00 AM until 6:00 PM, Monday through Friday via cellular telephone or other means approved by the Facilities Manager or designee during the entire term of the Contract. Note: Documentation is required to be maintained by the vendor and available to the County upon request. Documentation is required to follow the Florida General Records Schedule for records retention requirements. Employee Qualifications: The Contractor shall employ people to work at all County facilities who are competent and physically capable of doing the work. Each employee shall be neat in appearance. The County requires the Contractor to remove, from the County work place, all Contractor employees if the Facilities Manager or designee requests a replacement. Permits, Licenses and Taxes: #16-6555 14 ITB Landscape Maintenance_01202016 Packet Page -1572- 6/14/2016 16.E.6. In accordance with Section 218.80 F. S., all permits and licenses necessary for performance of the work shall be identified and obtained by the Contractor. All permit fees levied by Collier County shall be paid for by the using department. If Contractor performs any work without obtaining, or contrary to such permits or licenses, Contractor shall bear all costs arising there from. Equipment: Bidder shall own or lease and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks for routine service at no additional charge to the County. Should "specialty equipment" be needed for non-routine work, the Contractor may rent equipment and charge back to the County"at cost", with no markup. Equipment rentals must be approved prior to commencement of work and shown on all proposals. Materials: Costs for all materials necessary to complete a project shall be listed on the invoice. A breakdown of material shall be required, including documentation of costs, when such costs exceed five hundred dollars ($500.00). Miscellaneous items totaling $500.00 or less will not require documentation. However, the County reserves the right to periodically spot check items less than the threshold. Items under$500.00 will be labeled as "miscellaneous supplies". Uniforms and Identification Badges: The Contractor's employees shall be attired in distinctive, clean, and identifiable uniforms furnished by the Contractor. They shall be neat and clean in appearance. The uniform shall consist of a logo shirt and matching long pants. The contractor's employees shall also wear an identification badge, provided by Collier County, in plain sight and at all times. Any employee found without a badge and full uniform will be sent home and the Contractor shall be fined $100 per day per incident. No employee or supervisor shall be allowed to work in a County facility without a proper uniform and a County identification badge. Upon termination the County identification badge must be returned or Contractor will be fined $100 per badge per non-compliance event. The front of the employee identification badge shall have the employee's photo, the employee's name and the Contractor's company name. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s). • For the purposes of determining the bidder with the lowest price for award purposes only the following methodology will be used on Attachment 3: Bid Schedule #16-6555 15 ITB Landscape Maintenance_01202016 Packet Page -1573- 6/14/2016 16.E.6. Section1: • In Items 1 —59, provide pricing for all services outlined in this solicitation, per month, per location, in the column titled "Monthly Cost." The annual cost will then be automatically calculated in the column titled "Annual Cost." Section 2: • In lines 60- 62 provide percentages (in decimal form) over cost, for markups. For example, if your markup on plant material is 12%, you will input".12". • In lines 63—66 provide hourly rates for each category. • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select a single awardee. • The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. Term of Contract The contract term, if an award(s) is/are made is intended to be for two (2)years with three (3) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice April 12, 2016 Last Date for Receipt of Written Questions April 20, 2016, 4:00 PM, Naples Local Time Addendum Issued Resulting from Written Questions TBA Solicitation Deadline Date and Time April 27, 2016, 2:30 PM, Naples Local Time Anticipated Evaluation of Submittals April 2016 Anticipated Board of County Commissioner's Contract May/June 2016 Approval Date Vendor Required Documents As a result of Collier County's substantial investment in the project's landscaping, the responsive Bidder shall: 1. Provide a copy of Landscape Contractor's and Irrigation or Unlimited Landscape Contractor's License in Collier County. #16-6555 16 ITB Landscape Maintenance_01202016 Packet Page -1574- 6/14/2016 16.E.6. 2. Provide verification of current projects (within the last five (5) years and still current) in landscaping maintenance business with total asset value of at least $2 million, such documentation may include but not limited to: Name of project, project description with specified maintenance requirements, name and phone number of contact person for that project. This documentation may include but not limited to number of trees, type and size of trees and palms. Provided number of plant beds and groundcover by type and variety. 3. Provide documentation of minimum five (5) years prior experience in the landscape grounds maintenance within the South Florida roadways (to be defined as the following Counties: Collier, Lee, Broward, Miami-Dade and West Palm Beach). Such documentation may include but not limited to: a. Project description and work specifications b. Time of performance c. Names and telephone numbers of individual references familiar with Bidder's project performance and area included in scope of work. d. Dollar amount of contract or project. 4. Provide a list of owned and/or leased equipment to include, but not limited to; date of manufacture, conditions, whether owned or leased and if leased, date of lease expiration. 5. Contractor to provide the name, IRS W-4 form and proof certification of the firm's employee qualifying the firm as to meeting the Collier County's Maintenance of Traffic policy requirements. The employees' social security information can be blacked out or deleted from form. 6. Provide documentation of minimum of five (5) years experience in Operation of Motorola Irrigation Control Systems. Documentation may include list of projects that were maintained with the Motorola Irrigation Control System and must also include contract or project responsibilities and scope of work. 7. Provide proof of Maintenance of Traffic Certification, and have at least five (5)years experience in setting up MOT. 8. Provide the following: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience approved by the Project Manager. c. Current Contractor's Occupational License for Pest Control Service. 9. Documentation of certified arborist on staff. 10.Attachments: • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement • Attachment 8: Sites #16-6555 17 ITB Landscape Maintenance_01202016 Packet Page -1575- 6/14/2016 16.E.6. Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the"ITB", or"Bid")with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor" All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty(180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may onlybe adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #16-6555 18 ITB Landscape Maintenance_01202016 Packet Page-1576- 6/14/2016 16.E.6. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All paper bids shall be submitted to the County Procurement Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. All bids submitted manually must be an original and one exact duplicate copy and placed in a sealed envelope, and plainly marked as follows: • The due date and time of receipt of the bids by the County Procurement Director. • The number of the bid and the bid title. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. #16-6555 19 ITB Landscape Maintenance_01202016 Packet Page-1577- 6/14/2016 16.E.6. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Local Vendor Preference (LVP) The Collier County Board of County Commissioners has adopted a Local Preference policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County.Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid #16-6555 20 ITB Landscape Maintenance_01202016 Packet Page -1578- 6/14/2016 16.E.6. offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest local bidder to submit a matching offer, less one (1)dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1)year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 14. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 16. In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and #16-6555 21 ITB Landscape Maintenance_01202016 Packet Page-1579- 6/14/2016 16.E.6. provide a certificate of authority(www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 17. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security(DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of 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 and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 18. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. #16-6555 22 ITB Landscape Maintenance_01202016 Packet Page -1580- 6/14/2016 16.E.6. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 19. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County's Purchasing Ordinance. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. #16-6555 23 ITB Landscape Maintenance_01202016 Packet Page-1581- 6/14/2016 16.E.6. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer actual receipt of the goods by the COUNTY This offer is subject to cancellation by the nonetheless remain with VENDOR. COUNTY without notice if not accepted by b) No charges will be paid by the COUNTY for VENDOR within fourteen (14)days of issuance. packing, crating or cartage unless otherwise specifically stated in this Purchase Order. 2. Acceptance and Confirmation Unless otherwise provided in Purchase This Purchase Order (including all documents Order, no invoices shall be issued nor attached to or referenced therein) constitutes payments made prior to delivery. Unless the entire agreement between the parties, unless freight and other charges are itemized, any otherwise specifically noted by the COUNTY on discount will be taken on the full amount of the face of this Purchase Order. Each delivery of invoice. goods and/or services received by the COUNTY c) All shipments of goods scheduled on the from VENDOR shall be deemed to be upon the same day via the same route must be terms and conditions contained in this Purchase consolidated. Each shipping container must Order. be consecutively numbered and marked to show this Purchase Order number. The No additional terms may be added and Purchase container and Purchase Order numbers must Order may not be changed except by written be indicated on bill of lading. Packing slips instrument executed by the COUNTY. VENDOR must show Purchase Order number and is deemed to be on notice that the COUNTY must be included on each package of less objects to any additional or different terms and than container load (LCL) shipments and/or conditions contained in any acknowledgment, with each car load of equipment. The invoice or other communication from VENDOR, COUNTY reserves the right to refuse or notwithstanding the COUNTY'S acceptance or return any shipment or equipment at payment for any delivery of goods and/or VENDOR'S expense that is not marked with services, or any similar act by VENDOR. Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any 3. Inspection shipment made under this Purchase Order All goods and/or services delivered hereunder and the full invoice value of such shipment. shall be received subject to the COUNTY'S d) All invoices must contain the Purchase Order inspection and approval and payment therefore number and any other specific information as shall not constitute acceptance. All payments are identified on the Purchase Order. Discounts subject to adjustment for shortage or rejection. of prompt payment will be computed from the All defective or nonconforming goods will be date of receipt of goods or from date of returned pursuant to VENDOR'S instruction at receipt of invoices, whichever is later. VENDOR'S expense. Payment will be made upon receipt of a proper invoice and in compliance with To the extent that a purchase order requires a Chapter 218, Fla. Stats., otherwise known as series of performances by VENDOR, the the "Local Government Prompt Payment COUNTY prospectively reserves the right to Act," and, pursuant to the Board of County cancel the entire remainder of the Purchase Commissioners Purchasing Policy. Order if goods and/or services provided early in the term of the Purchase Order are 5. Time Is Of the Essence non-conforming or otherwise rejected by the Time for delivery of goods or performance of COUNTY. services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery 4. Shipping and Invoices schedules or deliver within a reasonable time, as a) All goods are FOB destination and must be interpreted by the COUNTY in its sole judgment, suitably packed and prepared to secure the shall entitle the COUNTY to seek all remedies lowest transportation rates and to comply available to it at law or in equity. VENDOR with all carrier regulations. Risk of loss of agrees to reimburse the COUNTY for any any goods sold hereunder shall transfer to expenses incurred in enforcing its rights. the COUNTY at the time and place of VENDOR further agrees that undiscovered delivery; provided that risk of loss prior to delivery of nonconforming goods and/or services #16-6555 24 ITB Landscape Maintenance_01202016 Packet Page-1582- 6/14/2016 16.E.6. is not a waiver of the COUNTY'S right to insist including but not limited to attorneys' fees, arising upon further compliance with all specifications. from, caused by or related to the injury or death of any person (including but not limited to 6. Changes employees and agents of VENDOR in the The COUNTY may at any time and by written performance of their duties or otherwise), or notice make changes to drawings and damage to property (including property of the specifications, shipping instructions, quantities COUNTY or other persons), which arise out of or and delivery schedules within the general scope are incident to the goods and/or services to be of this Purchase Order. Should any such change provided hereunder. increase or decrease the cost of, or the time required for performance of the Purchase Order, 11. Warranty of Non-Infringement an equitable adjustment in the price and/or VENDOR represents and warrants that all goods delivery schedule will be negotiated by the sold or services performed under this Purchase COUNTY and VENDOR. Notwithstanding the Order are: a) in compliance with applicable laws; foregoing, VENDOR has an affirmative obligation b) do not infringe any patent, trademark, to give notice if the changes will decrease costs. copyright or trade secret; and c) do not constitute Any claims for adjustment by VENDOR must be unfair competition. made within thirty (30) days from the date the change is ordered or within such additional VENDOR shall indemnify and hold harmless the period of time as may be agreed upon by the COUNTY from and against any and all claims, parties. including claims of negligence, costs and expense, including but not limited to attorneys' 7. Warranties fees, which arise from any claim, suit or VENDOR expressly warrants that the goods proceeding alleging that the COUNTY'S use of and/or services covered by this Purchase Order the goods and/or services provided under this will conform to the specifications, drawings, Purchase Order are inconsistent with VENDOR'S samples or other descriptions furnished or representations and warranties in section 11 (a). specified by the COUNTY, and will be of satisfactory material and quality production, free If any claim which arises from VENDOR'S breach from defects and sufficient for the purpose of section 11 (a) has occurred, or is likely to intended. Goods shall be delivered free from any occur, VENDOR may, at the COUNTY'S option, security interest or other lien, encumbrance or procure for the COUNTY the right to continue claim of any third party. These warranties shall using the goods or services, or replace or modify survive inspection, acceptance, passage of title the goods or services so that they become and payment by the COUNTY. non-infringing, (without any material degradation in performance, quality, functionality or additional 8. Statutory Conformity cost to the COUNTY). Goods and services provided pursuant to this Purchase Order, and their production and 12. Insurance Requirements transportation shall conform to all applicable The VENDOR, at its sole expense, shall provide laws, including but not limited to the Occupational commercial insurance of such type and with such Health and Safety Act, the Federal terms and limits as may be reasonably Transportation Act and the Fair Labor Standards associated with the Purchase Order. Providing Act, as well as any law or regulation noted on the and maintaining adequate insurance coverage is face of the Purchase Order. a material obligation of the VENDOR. All insurance policies shall be executed through 9. Advertising insurers authorized or eligible to write policies in No VENDOR providing goods and services to the the State of Florida. COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or 13. Compliance with Laws services, or appropriate or make use of the In fulfilling the terms of this Purchase Order, COUNTY'S name or other identifying marks or VENDOR agrees that it will comply with all property without the prior written consent of the federal, state, and local laws, rules, codes, and COUNTY'S Purchasing Department. ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities 10. Indemnification Act and all prohibitions against discrimination on VENDOR shall indemnify and hold harmless the the basis of race, religion, sex creed, national COUNTY from any and all claims, including origin, handicap, marital status, or veterans' claims of negligence, costs and expenses, status. Further, VENDOR acknowledges and #16-6555 25 ITB Landscape Maintenance_01202016 Packet Page -1583- 6/14/2016 16.E.6. without exception or stipulation shall be fully notice to the VENDOR. This Purchase Order responsible for complying with the provisions of may be terminated immediately by the COUNTY the Immigration Reform and Control Act of 1986 for breach by VENDOR of the terms and as located at 8 U.S.C. 1324, et seq. and conditions of this Purchase Order, provided that regulations relating thereto, as either may be COUNTY has provided VENDOR with notice of amended. Failure by the awarded firm(s) to such breach and VENDOR has failed to cure comply with the laws referenced herein shall within 10 days of receipt of such notice. constitute a breach of the award agreement and the County shall have the discretion to 19. General unilaterally terminate said agreement a) This Purchase Order shall be governed by immediately. Any breach of this provision may the laws of the State of Florida. The venue be regarded by the COUNTY as a material and for any action brought to specifically enforce substantial breach of the contract arising from any of the terms and conditions of this this Purchase Order. Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, 14. Force Majeure Florida Neither the COUNTY nor VENDOR shall be b) Failure of the COUNTY to act immediately in responsible for any delay or failure in response to a breach of this Purchase Order performance resulting from any cause beyond by VENDOR shall not constitute a waiver of their control, including, but without limitation to breach. Waiver of the COUNTY by any war, strikes, civil disturbances and acts of nature. default by VENDOR hereunder shall not be When VENDOR has knowledge of any actual or deemed a waiver of any subsequent default potential force majeure or other conditions which by VENDOR. will delay or threatens to delay timely c) All notices under this Purchase Order shall performance of this Purchase Order, VENDOR be sent to the respective addresses on the shall immediately give notice thereof, including all face page by certified mail, return receipt relevant information with respects to what steps requested, by overnight courier service, or by VENDOR is taking to complete delivery of the personal delivery and will be deemed goods and/or services to the COUNTY. effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A 15. Assignment party may change its address for notice by VENDOR may not assign this Purchase Order, written notice complying with the nor any money due or to become due without the requirements of this section. prior written consent of the COUNTY. Any d) The Vendor agrees to reimbursement of any assignment made without such consent shall be travel expenses that may be associated with deemed void. this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem 16. Taxes and Travel Expenses for Public Officers, Goods and services procured subject to this employees and authorized persons. Purchase Order are exempt from Florida sales e) In the event of any conflict between or and use tax on real property, transient rental among the terms of any Contract Documents property rented, tangible personal purchased or related to this Purchase Order, the terms of rented, or services purchased (Florida Statutes, the Contract Documents shall take Chapter 212), and from federal excise tax. precedence over the terms of the Purchase Order. To the extent any terms and /or 17. Annual Appropriations conditions of this Purchase Order duplicate The COUNTY'S performance and obligation to or overlap the Terms and Conditions of the pay under this Purchase Order shall be Contract Documents, the provisions of the contingent upon an annual appropriation of Terms and/or Conditions that are most funds. favorable to the County and/or provide the greatest protection to the County shall 18. Termination govern. This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written #16-6555 26 ITB Landscape Maintenance_01202016 Packet Page -1584- 6/14/2016 16.E.6. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services Additional items and /or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Ordinance. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5)years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 4. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 5. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 6. Environmental Health and Safety All Vendors and Sub vendors 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. Vendors and Sub vendors 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. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. #16-6555 27 ITB Landscape Maintenance_01202016 Packet Page -1585- 6/14/2016 16.E.6. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 7. Florida Wood Products The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 8. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 9. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor 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. 10. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 11. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. #16-6555 28 ITB Landscape Maintenance_01202016 Packet Page-1586- 6/14/2016 16.E.6. The County's project manager, shall coordinate with the Vendor/Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 12. 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, the current Collier County Ethics Ordinance 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 contract held by the individual and/or firm for cause. 13. Invoice and Payments The County's project manager reserves the right to establish any one, or a combination of, these industry practices for contracts or purchase orders: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 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 mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor)timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 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 required). Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 #16-6555 29 ITB Landscape Maintenance_01202016 Packet Page -1587- 6/14/2016 16.E.6. Or emailed to: bccapclerk(a�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check, wire transfer or other cash equivalent. • Standard—payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or 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 contract. 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. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 14. Survivability Purchase Orders: The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 16-6555 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. #16-6555 30 ITB Landscape Maintenance_01202016 Packet Page -1588- 6/14/2016 16.E.6. 15. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Attachment 3 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Attachment 3, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and #16-6555 31 ITB Landscape Maintenance_01202016 Packet Page -1589- 6/14/2016 16.E.6. charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty(30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s)shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 16. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four(24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.colliergov.net/purchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non- responsive. 17. Security and Background Checks If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing 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. 14. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS)on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Purchasing Departments and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway& Traffic Design Standards Indexes, or other related documents, so to become familiar with their #16-6555 32 ITB Landscape Maintenance_01202016 Packet Page-1590- 6/14/2016 16.E.6. requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 15. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 16. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as"County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 17. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 18. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment(backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor's cost for time and material projects, and to withhold payments until documentation is provided. #16-6555 33 ITB Landscape Maintenance_01202016 Packet Page-1591- 6/14/2016 16.E.6. All County-purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. #16-6555 34 ITB Landscape Maintenance_01202016 Packet Page -1592- 6/14/2016 16.E.6. Co ter County Administrative Services Department Procurement Services Division Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 3411. We are not responding to this ITB for the following reason(s): Solicitation #and Title: 16-6555 Grounds Maintenance - Facilities ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title #16-6555 35 ITB Landscape Maintenance_01202016 Packet Page-1593- 6/14/2016 16.E.6. Co ler County Administrative Sen+ices Department Procurement Services Division Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required licenses, drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit certification and the company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 11. The mailing envelope must be sealed and marked with: • Solicitation: 16-6555 Grounds Maintenance - Facilities • Opening Date: April 19, 2016 12. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 13. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature &Title Date #16-6555 36 ITB Landscape Maintenance_01202016 Packet Page -1594- 6/14/2016 16.E.6. Co ger County Administrative Services Department Procurement Services Division Attachment 3: Vendor Submittal— Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation 16-6555 Grounds Maintenance - Facilities Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: * ** SEE FOLLOWING PAGES * ** Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net_ Days Bid Response Form is. Please input your prices online. Bid Response is as follows: Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. #16-6555 37 ITB Landscape Maintenance_01202016 Packet Page-1595- 6/14/2016 16.E.6. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 20 , in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR#or CAGE Code Telephone Number FAX Number Signature/Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #16-6555 38 ITB Landscape Maintenance_01202016 Packet Page -1596- 6/14/2016 16.E.6. Collier County Administrative Services Department Procurement Services Division Attachment 4: Affidavit for Claiming Status as a Local Business Solicitation:16-6555 Grounds Maintenance-Facilities (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in the Collier County Purchasing Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer,storage shed,or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way.This may include, but not be limited to, the retention and expansion of employment opportunities,support and increase to the County's tax base, and residency of employees and principals of the business within Collier County.Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business"under this section.A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year Vendor must complete the following information: Year Business Established in DCollier County or❑ Lee County: Number of Employees(Including Owner(s)or Corporate Officers): Number of Employees Living in ❑Collier County or❑ Lee(Including Owner(s)or Corporate Officers): If requested by the County,vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑COLLIER COUNTY El LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this Day of 20 Notary Public My Commission Expires (AFFIX OFFICIAL SEAL) #16-6555 39 ITB Landscape Maintenance_01202016 Packet Page-1597- 6/14/2016 16.E.6. Gorier County Administrative Services Department Procurement Services Division Attachment 5: Immigration Law Affidavit Certification Solicitation#and Title:16-6555 Grounds Maintenance-Facilities This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. #16-6555 40 ITB Landscape Maintenance_01202016 Packet Page-1598- 6/14/2016 16.E.6. #16-6555 41 ITB Landscape Maintenance_01202016 Packet Page-1599- 6/14/2016 16.E.6. Colter County Administrative Services Department Procurement Services Division Attachment 6: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor _Corporation _Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #16-6555 42 ITB Landscape Maintenance_01202016 Packet Page -1600- 6/14/2016 16.E.6. co ier County Administrative Services Department Procurement Services Division Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Compensation Government Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $1 666Xii00 single limit per occurrence, $2,000,000 aggregate for Bodily current ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 4. ® Automobile Liability 07)0,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑Watercraft $ Per noted: Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $sfr000,000 Per Occurrence ❑ Professional Liability $ per claim and in the aggregate #16-6555 43 ITB Landscape Maintenance_01202016 Packet Page -1601- 6/14/2016 16.E.6. • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate • $2,000,000 each claim and in the aggregate [' Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that the awarded vendor is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. RLC 3/25/2016 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)days of the award of this solicitation. #16-6555 44 ITB Landscape Maintenance_01202016 Packet Page -1602- 6/14/2016 16.E.6. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number #16-6555 45 ITB Landscape Maintenance 01202016 Packet Page -1603- 6/14/2016 16.E.6. Attachment 8: Site Locations Approximate Area: It is the bidders' responsibility to measure the acreage. The County will not accept requests for price increases due to the vendor not verifying the acreage and not being fully informed as to the scope of services required. All acreage includes the right-of-way beyond any sidewalk. The locations for each area are as follows: 1. Collier County Government Complex* 10. CID Building 3301 East Tamiami Trail 2373 Horseshoe Drive East Naples, FL Naples, FL *(excluding the interior grounds of the CC Museum) 11. Golden Gate Emergency Services Center 2. Naples Branch Library 4741 Golden Gate Parkway 650 Central Avenue Naples, FL Naples, FL 12. Golden Gate Government Center 3. Vanderbilt Branch Library& Nature 4715 Golden Gate Parkway Areas Naples, FL 788 Vanderbilt Beach Road Naples, FL 13. Domestic Animal Services 7610 Davis Boulevard 4. Old Golden Gate Branch Library Naples, FL 4398 Coronado Parkway Naples, FL 14. North Naples Emergency Service Center 5. Marco Island Branch Library 776 Vanderbilt Beach Road 210 South Heathwood Naples, FL Marco Island, FL 15. Harbor Road Site** 6. Golden Gate Estates Branch Library Harbor Road 1266 Golden Gate Boulevard Naples, FL Naples, FL **(two areas) 7. East Naples Branch Library 16. EMS #3 8787 Tamiami Trail East 2375 Tower Drive Naples, FL Naples, FL 8. Immokalee Branch Library 17. Rosemary Cemetery 417 North First Street Pine Ridge Road & US 41 Immokalee, FL Naples, FL 9. GMD-P&R 18. Van Buren Vacant Lot 2800 Horseshoe Drive North 2605 Van Buren Naples, FL Naples, FL #16-6555 46 ITB Landscape Maintenance_01202016 Packet Page-1604- 6/14/2016 16.E.6. 31. Motor Vehicle Building 19. Marco Island Sheriff Substation 725 N. Airport Road 990 North Barfield Drive Naples, FL Marco Island, FL 32. University Extension Office*** 20. Marco Island Tax Collector 14700 Immokalee Road 1041 Winterberry Drive Naples, FL Marco Island, FL ***(not including specialty plant beds around building) 21. lmmokalee Emergency Services Center & Rear Field 33. Immokalee Domestic Animal 106-112 South First Street Services Immokalee, FL 402 Stockade Road Immokalee, FL 22. EMS #10 14756 Immokalee Road 34. GMD - C&M Immokalee, FL 2885 Horseshoe Drive South Naples, FL 23. Roberts Ranch & Grove Area 1215 Roberts Avenue N. 35. EMS#24 Immokalee, FL 2795 Airport Road N. Naples, FL 24. Immokalee Health Services & Rear Area 36. BCC Fleet 419 North First Street 2901 County Barn Road Immokalee, FL Naples, FL 25. Everglades Museum 105 W. Broadway 37. Immokalee Government Offices Everglades City, FL 310 Alachua Street Immokalee, FL 26. Everglades Sheriff Substation 32020 Tamiami Trail E 38. Immokalee Jail**** Everglades City, FL Sgt. Joe Jones Immokalee, FL 27. EMS#71 ****(perimeter only) 95— 13th Street SW Naples, FL 39. Property Appraiser 3285 Tamiami Trail 28. Immokalee Government Center Naples, FL 106 S. 1st Street Immokalee, FL 40. Naples Depot 1051 5th Avenue South 29. Headquarters Library Naples, FL 2385 Orange Blossom Way Naples, FL 41. North Naples Government Center 2335 Orange Blossom Drive 30. Golden Gate Sheriff Substation Naples, FL 4707 Golden Gate Parkway Naples, FL 42. Bay Street House#1 1973 Bay St #16-6555 47 ITB Landscape Maintenance_01202016 Packet Page-1605- 6/14/2016 16.E.6. Naples, FL Naples, FL 43. Bay Street House#2 51. South Regional Library 2015 Bay St 8065 Lely Cultural Blvd Naples, FL Naples, FL 44. Bay St—Vacant Lot 52. Ochopee Fire7'»7?7 Between above houses Carnestown, FL Naples, FL 53. CCSO Fleet 45. Sheriff's Special Ops 2885 County Barn Road 240 Patriot Way Naples, FL Naples, FL 54. Immokalee Vacant Lot 46. EMS#75 Next to EMS/Sheriff's 4590 Santa Barbara Blvd Immokalee, FL Naples, FL 55. Road & Bridge 47. EMS#90 4800 Davis Blvd 175 Isle of Capri Naples, FL 48. 21st St House 56. CAT 790 21st NW 8300 Radio Road Naples, FL Naples, FL 49. New Golden Gate Library 57. Marco Island Museum 2432 Lucerne Road 180 S. Heathwood Naples, FL Marco Island, FL 50. Emergency Services Center 8075 Lely Cultural Blvd Reporting to Sites: Prior to the start of work, the Contractor will report to the office on site unless otherwise directed. Upon arriving at a job site, the service provider shall immediately survey the area to remove all litter, glass, rocks, dead foliage, metal, branches, palm fronds or other debris subject to becoming a projectile if engaged by a mower. #16-6555 48 ITB Landscape Maintenance_01202016 Packet Page-1606- 6/14/2016 16.E.6. AGREEMENT16-6555 for Ground Maintenance for Facilities Management Division THIS AGREEMENT, made and entered into on this day of 2016, by and between Hannula Landscaping & Irrigation, Inc., authorized to do business in the State of Florida, whose business address is 28131 Quails Nest Lane, Bonita Springs, FL 34135, (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 two (2) year period, commencing on Board Award Date and terminating two (2) years from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. 2. RENEWAL. 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 three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days 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 not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Contractor shall provide all necessary labor, tools, appliances, equipment, supplies and maintenance and any other necessary accessories or services to perform landscaping services as specified and in accordance with the terms and conditions of Invitation to Bid #16-6555, Exhibit A— Scope of Services, and Exhibit B - the Contractor's Bid Proposal (includes list of Site Locations) referred to herein and made an integral part of this Agreement. 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 the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees utilizing the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon Page l of 23 Packet Page-1607- 6/14/2016 16.E.6. approval by the Facilities Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: 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. Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor, and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Only a single lump sum quote is required, no itemized breakdown for the lump sum quote will be required for quoting or payment purposes. No time and material quotes will be accepted or required for quoting or payment. Actual invoices for materials, subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump sum quote does not require a breakdown of the quote or supporting documentation. Timesheets and/or timecards will not be accepted or required for quoting or payment purposes to support labor hours, as they are not required for a lump sum quote. 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 mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 4.2 Any County agency may purchase products and 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 23 Packet Page-1608- J� 6/14/2016 16.E.6. 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. No mark-up shall be applied to these taxes or fees. 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-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Hannula Landscaping & Irrigation, Inc. 28131 Quails Nest Lane, Bonita Springs, FL 34135 239/992-2210 Telephone; 239/498-6818 Fax Attention: Dale Hannula, President All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the.Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 3 of 23 Packet Page-1609- 6/14/2016 16.E.6. 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,g 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. With respect to this agreement, 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 non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000.000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 4 of 23 Packet Page -1610- ` 6/14/2016 16.E.6. D. Pollution: Coverage shall have minimum limits of $1,000,000 Per Occurrence and shall be maintained by the Contractor. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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 ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) 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 he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the: Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the : Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division. Page 5 of 23 fr) Packet Page-1611- 6/14/2016 16.E.6. 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: Insurance Certificate, Exhibit A — Scope of Services, and Exhibit B — Contractor's bid proposal (includes list of site locations). 17. 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. 18. 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 Ill, 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. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119), including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: Page 6 of 23 Packet Page 4612- • 1 6/14/2016 16.E.6. 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. 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. 22. 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 and Section 4.1 of this Agreement. 23. 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 Page 7 of 23 Packet Page-1613- • 6/14/2016 16.E.6. 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. 24. 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. 25. 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 the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 27. 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. 28. 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. Page 8 of 23 Packet Page 4614- 0 6/14/2016 16.E.6. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS©colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Donna Fiala, Chairman Dated: (SEAL) Hannula Landscaping & Irrigation. Inc. Contractor By: First Witness Signature tType/print witness name TType/print signature and titleT Second Witness TType/print witness name Approv:,, i; • • an• legality: ti Jeffrey A I kow, County Attorney Page 9 of 23 Packet Page -1615- s ' 6/14/2016 16.E.6. Exhibit A: Scope of Services While the County intends to use the Contractor awarded as a part of Agreement, the County reserves the right at any time to use other Contractors for the services described by requesting additional quotes or bids from other Contractors (per the Board's Procurement Ordinance). All routine maintenance work outlined in Scope of Work and Site Locations must be performed "in-house"with no subcontractors, except for fertilization and tree trimming if necessary, which shall still be considered part of theContractor's bid submission with no additional fees or costs. Additional services may be subcontracted as needed, but must be pre-approved by the Facilities Management designee and the proposal must clearly state the specific service and the Facilities Management designee (by name) who requested the service: Actual invoicing from the subcontractor shall be required as backup for the main contractor submittal to the County for invoicing purposes. The Contractor may be required to confirm to Facilities Management Division's Work Management procedures, such as utilizing the Division's work order forms, or future online work order system at no additional cost to the County. The frequency of routine service (mowing, edging, trees/shrubs/other plant material maintenance, weeding, pest control and other associated landscape maintenance services outlined under the scope)will be as follows: June—November(6 months) = Once a week December—May(6 months) = Once every other week Note: The Contractor may total the cost for the annual period and allocate the average on a monthly basis for billing purposes. If the monthly allocation billing method is used, then an attestation with list of services performed and locations with the dates of service per month will be required. Item #1, The Collier County Government Complex must be: • Completed in a maximum two consecutive day time frame for each frequency and on the same consistent days unless specific variances are approved in advance by the Facilities Manager or his designee (i.e., the site must be scheduled on two days of the week (Monday and Tuesday), and; o Note: Work is not to be scheduled on Board of County Commissioner meeting days. A calendar schedule will be provided. • Completed fully (all required services listed below throughout the entire site) on the same days of the week (i.e., Monday and Tuesday etc.) for each frequency, which may be either once a week or once every other week depending on the time of year. Full yearly schedules of proposed days for service will be submitted to the Facilities Manager or designee at the beginning of the contract and updated if there are any changes throughout the temm(s) of the contract. Should the contractor not conduct Page 10 of 23 Packet Page-1616- • 6/14/2016 16.E.6. the required service on the required days, as approved initially by Facilities Management, associated fines listed below(under tasks) may be assessed. Off Campus sites must be (Items 2—58, all sites other than item#1): • Completed in a one day time frame for each frequency and on the same consistent day unless specific variances are approved in advance by the Facilities Manager or designee (i.e., site #3 must be scheduled on a specific day of the week (Monday, Tuesday, Wed. etc.), and; • Completed fully (all required services listed below throughout the entire site) on that same day of the week (Monday, Tuesday, Wed. etc.) for each frequency, which as stated above may be either once a week or once every other week depending on the time of year. Sites: Exact locations of sites are listed on Exhibit B. Approximate Area: It was the Contractor's responsibility to measure the acreage of each site. The County will not accept requests for price increases due to the vendor not verifying the acreage and not being fully informed as to the scope of services required. All acreage includes the right-of-way beyond any sidewalk. Tasks Mowing: All turf, to include right-of-way, shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings; should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost to the County. Grass shall be cut at a height of three and one-half inches (3.5"). The number of cuttings may be modified by the Facilities Manager or designee at the County's discretion, requiring a negotiated cost change between the Facilities Manager or designee and the Contractor. The Contractor will clean all clippings from sidewalks, curbs, and roadways immediately after mowing and/or edging. The contractor will not sweep, blow or otherwise dispose of clippings in sewer drains. The Contractor shall use alternate mowing practices, patterns or equipment so as not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Median strips shall be mowed as needed for a well-maintained appearance as determined by the Facilities Manager or designee. The Contractor must inspect and empty all exterior trash containers on each visit to the facility to ensure a well-maintained appearance as determined by the Facilities Manager or designee. All horticulture Page 11 of 23 Packet Page-1617- 6/14/2016 16.E.6. debris shall be immediately removed from the site, including debris from the Collier County Museum and University Extension Office. Prior to mowing, blades shall be inspected to ensure that they are sharp and adjusted to assure a clean cut, and mowers checked for proper height of three and one half inches (3.5"). The usage of dull blades, demonstrated by clumps of grass left on turf, will result in a Deduction of $200.00 per site, per incident and will be notified in writing by the contract manager of such infraction. Edging: Mechanical edging on the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, sign posts, posts, valve boxes, sprinkler heads and all other areas deemed necessary by the Facilities Manager or designee. NO EDGING around trees or shrubs with a weed eater will be permitted. Grass root runners found in edged plant beds shall be removed. No chemicals shall be used for edging. All sidewalks, curbing or gutters including two feet (2') area from the face of the curb and sidewalk areas shall be cleaned during each service. No debris shall be left upon completion of work performed. All leaves, branches, and general debris shall be cleared from site(s). All sidewalks shall be blown clean, but no clippings or other debris shall be blown, or deposited on other adjacent property, accumulated on right-of-way areas, or disposed in sewer drains. Contractor may be fined for each individual area not cleared at a rate of $200 per site per incident, and will be notified in writing by the contract manager of such infraction. Shrubs, Plants, Etc.: All groundcovers and shrubs shall be inspected and pruned during service weeks or on an as needed basis, so as to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by the Facilities Manager or designee. Notification needs to be made to the Facilities Manager or designee, within one (1) week of identification of any dying trees, shrubs etc., so appropriate action can be taken. Shrubs shall be trimmed as many times as may be necessary to maintain a sculptured appearance. Shrubs will be pruned with hand shears as needed to provide an informal shape, fullness, and blooms. Shrub pruning should be done consistently throughout each site for all shrub types that require pruning so that the landscape gives the appearance of continuity throughout the site. During October and April, ornamental grasses, such as Fountain, Sand Cordgrass, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four inch (24") height based upon the type of plant, but not when flowering. Ornamental grass such as Liriope Muscari and Flax Lilly shall only be pruned at the direction and approval of the Facilities Manager or designee. Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain clearance from the edge of the pathway. It is recommended that adjacent shrubs and groundcovers be maintained so that they angled or are rounded away from the pathway. Page 12 of 23 Packet Page-1618- 6/14/2016 16.E.6. Canopy Tree and Palm Pruning: Canopy Trees shall be defined as any large shrub, tree or palm with foliage above a ten foot(10') height. All canopy trees and palms shall be pruned to create and maintain a fifteen foot (15') canopy clearance over the roadways and parking lots and a ten foot (10') canopy clearance over all pathways. Canopy trees shall be selectively in perpetuity to maintain a 10' height over walkways and 15' height over roadways and parking lots to thin the interior canopy of cross branching and to shape the canopy of the trees. A professional certified Arborist shall supervise the pruning and shaping and shall be approved by the Facilities Manager. The work shall be done in a professional manner in accordance with ANSI 300, Part 1, 2, & 3 Pruning Standards. Any damaged materials or any incorrect pruning shall result in replacement of that material at the expense of the Contractor. Additional trimming of individual trees, to maintain proper appearance or treating/trimming diseased areas, may be required at the discretion of the Facilities Manager or designee, additional charges must be approved in writing by the County designee, if trimming exceeds the allowed contracted heights. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. There shall be no collar or stub cuts, gutting, topping or overlifting. Plant material with a canopy over pathways or sidewalks shall be maintained at a minimum height of one hundred twenty inches (120") or ten feet(10'). The portion of the canopy that falls below the ten (10') foot level falls under the "General Site Pruning" portion of the contract and shall be kept properly pruned. Contractor shall be responsible for maintenance of all palm species including all palm species identified as "self-cleaning". All palm trees shall be annually trimmed during the month of May, in preparation of hurricane season beginning June 1, or as needed. Palms shall be "Tropical Cut" or to a nine (9) o'clock to three (3) o'clock angle from horizontal at the base of the palms' buds or lowest fronds. The pruning of all palms shall include removal of all nuts, seed stalks, brown or dead and lower-hanging fronds of the palm. The work shall be done in a professional manner in accordance with accepted trade standards. Pruning in parking lots, when vehicles are present, shall be performed after hours or on weekends to prevent damage to vehicles. The palms shall not be climbed to remove the fronds and seed pods. No green palm fronds shall be removed. Access to the tree fronds shall be by ladder, boom truck or lift (vendor is required to provide their own equipment at no additional charge). All debris from the trimmings shall be removed and work site shall be left neat and clean. Work must be completed no later than June 15t or a two hundred fifty dollar($250) fine will be imposed for each Palm tree not trimmed. Contractor will be notified in writing by the contract manager of such infraction. All grass, tree, and shrub trimmings are to be immediately hauled off-site at the Contractor's expense. The Facilities Manager or designee reserves the right to readdress this item after award of the Contract and after consultation with experts in the field. When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed Page 13 of 23 Packet Page -1619 411 - 6/14/2016 16.E.6. pursuant to the County M.O.T. Policy. Road alerts to be submitted to the Growth Management Department. Mulching: Plant beds,jogging paths, parking lot heads, and all other mulched areas shall be mulched from October through January. The mulch product shall be "Pro-Euc", and shall be provided and distributed by the Contractor at no additional cost to the County. Before installation of mulch, a sample of the proposed product shall be submitted and approved by the Facilities Manager or designee. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Where applicable, beds shall be prepped prior to mulching so mulch allows percolation. Mulch will not be placed against the trunks of palms, trees and plants. Mulch shall be kept six (6) inches away from the trunk of the tree or palm. After application, mulch needs to be removed from impervious areas. The mulch shall be placed to provide a three-inch (3"+) non-compacted or unsettled depth measured from the existing soil grade. If mulching is not completed by the end of January, a $250 fine will be imposed for each site. Weeding: Weeding of all plant beds, mulched, and rock areas, including medians, shall be performed each service week to ensure a weed-free and visually well-maintained area. The Contractor shall remove all weeds by hand with or without using a chemical treatment. If chemicals are used, they shall be Roundup or equivalent around plants, etc., but to be used in such a manner as to not damage existing plant material. Contractor must remove all weeds from sodded/grass areas using appropriate method. If weeds are not removed, a $100 fine will be imposed for each site. Pest Control: 1. it is required that the Contractor performing these services shall possess and provide the following to the Facilities Manager or designee if requested: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Current Contractor's Occupational License for Pest Control Service (if required by law). c. Certified Pest Control Operator on staff. 2. The Contractor shall provide an overall written pest and spray program that shall incorporate ant control and shall meet or exceed the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. Provide MSDS Sheets for chemicals upon request. d. Provide signage where applicable. 3. The Contractor shall make on-site inspections and provide written reports to the Facilities Manager or designee as needed. Page 14 of 23 Packet Page -1620- 6/14/2016 16.E.6. 4. Methods of Application: One hundred percent (100%) coverage and penetration shall be provided. Insecticides and fungicides shall be applied at the proper pressure to provide maximum coverage. a. Insecticides should be alternated, as necessary, to prevent an insect resistance to the application. b. Herbicides used in turf areas shall be applied at the proper pressure. c. Turf herbicides shall not be applied when the daily temperature exceeds eighty- five (85) degrees Fahrenheit. d. Spreader sticker shall be incorporated in all spraying of groundcovers, shrubs, trees, palms, and turf areas when recommended by the label. e. Spray applications shall be applied during times of"No-Wind" conditions. f. No trucks or tractors with bar type tires or a gross weight greater than three thousand (3,000) pounds will be allowed within or on the median areas. g. All spray applications shall contain a wetting agent within the mix when recommended by the label. h. The pH of water used in mix must be adjusted to meet pesticides' manufacturer recommendation and water pH and method must be documented for reproduction to the Facilities Manager or designee upon request. 5. Rate of Application: All chemicals shall be applied at the rates recommended on the manufacturer's labels. 6. Materials List: All insecticide, fungicide, and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Facilities Manager or designee for review and approval. All chemicals used shall be approved for use by the Environmental Protection Agency for its intended use and area of use. 7. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the site inspection reports. Ferrmec AC 15-0-0 plus 3% sulfur to one and one-half (1 1/2) gallons of material per one hundred (100) gallons of water to be added with each application of insecticide, fungicide and herbicide. a. Turf Areas: Insecticides& Fungicides-Applications on an as needed basis. Herbicides - Application on an as needed basis, Post-emergent in November, January and March or on an as needed basis. b. Groundcovers, Shrubs and Trees: Insecticides & Fungicides-Applications on an as needed basis. c. Bed Areas: Herbicides —Applications on an as needed basis, Post-emergent in November, January and March or on an as needed basis. 8. Additional Requirements: Records must be kept of all pesticide applications. Documentation shall include but not limited to: date and time of application, weather conditions at time of application, what was applied and name of applier. When it becomes necessary for the Contractor to return for additional spraying as directed by the Facilities Manager or designee due to non-performance of a required application, such additional spraying shall be performed at no cost to the County. Page 15 of 23 y. Packet Page-1621- m 6/14/2016 16.E.6. Overall ornamental and turf spraying of plants, shrubs, and grassed areas within areas is included in the Contract. Applications shall be made the day following a rain event when plant material is dry. Shrubs and groundcovers shall have the fertilizer blown or fan raked off following the broadcast application. Immediately after the fertilizer is applied, the areas shall be watered. Fertilizers shall be removed from curbs and sidewalk areas to avoid staining. Applications shall be made to turf the day following irrigation or a rain event when grass blades are dry. In areas where applicable, immediately after the fertilizer is applied, the sprinklers shall be activated to provide 1/4" of water to the soil's surface and to dissolve water-soluble particles. Following this watering, the controls shall be returned to automatic mode. Fertilizers containing iron shall be removed from curbs to avoid staining. Fire ant mounds shall be treated during each service visit to the facility. Fertilization: The number of applications shall be based upon BMP. Apply Ferrmec AC 15-0-0 plus 6% iron at one-third (1/3) gallon of material per one hundred (100) gallons of water to be added with each application of insecticide, fungicide, and herbicide. All fertilizer applications shall be granular slow-release. Use of BP for number of applications and rates. Broadcast application - Palms and trees as needed as required (0- 8 lbs) as required by size -granular only. No rings around palms. When it becomes necessary for the Contractor to return for additional spraying as directed by the Facilities Director or designee, due to non-performance of a required application, such shall be performed at no cost to the County. Nutrient deficiencies shall be treated with supplemental applications of the specific lacking nutrient according to University of Florida Cooperative Extension recommendations. Irrigation Systems: The Contractor shall report any broken sprinkler system parts or damage to County property found immediately to the Facilities Manager or designee for repair. If the vendor is responsible for broken systems or parts, the vendor is required to repair the damage at no charge to the County. The contractor shall inspect and test rain shut-off devices and other components and zones in the irrigation system monthly and shall reset zone times accordingly. Minor adjustments and repairs such as head/emitter cleaning or replacement, filter cleaning, re- aiming of heads to keep water out of the street, small leaks, and minor timer adjustments shall be made by the Contractor, with the County paying for parts and labor. The contractor, shall in perpetuity, allow for the application of 1/2 inch — % inch of water per irrigation cycle. During regular service times, the Contractor will note and report to the County any symptoms of inadequate or excessive irrigation, drainage problems, etc. Irrigation maintenance does not include the specialty plant beds located around the University Extension Office. Page 16 of 23 Packet Page-1622- 6/14/2016 16.E.6. Repairs or system service beyond the above scope will be charged to the County on a time and material basis for actual repairs only, not for the full monthly check if repairs are made at that time. The Contractor will notify the County of the nature of the problem before repairs are made. Trash Removal: With each service, all site areas shall be cleaned by removing all trash or debris to include, but not limited to: paper, bottles, cans, other trash, and horticultural debris. All debris or trash pickup shall be performed "prior" to mowing all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site at no additional cost to Collier County. Property Damage: Replacement of dead or injured plants due to Contractor negligence will be done without cost to the County. Miscellaneous Maintenance: Parking lots, driveways and medians must be inspected and cleaned of debris during a service week, by removing loose debris, such as glass, leaves, sticks, bottles, cans, paper, cigarette butts, etc. The area within two feet(2') from the outside of the curb on all curbed areas and median islands shall be swept during service to remove any accumulation of debris and to maintain a neat and safe condition. Plant beds shall have leaves and debris raked as needed to maintain a neat appearance. Special care must be given to not dirty or damage any County or personal vehicle. All debris or trash pickup shall be performed "prior" to mowing all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site, no onsite trash dumping in County containers. Horticulture debris shall be removed from the County Museum (main campus) as needed during Complex site visits. Work Orders: Facilities Management utilizes a work order system (Archibus \ FM Studios). Facilities Management will initiate work to be performed. Work orders will be submitted to the Contractor and must be performed within a seven (7) day time period, unless given further notice by Facilities. All work must be discussed and approved by the Facilities Manager or designee prior to work being performed. All work orders must be returned to the Facilities designee with an explanation of work performed. Locates required prior to work being performed if work is six (6) inches in depth. Materials: If a time and materials quote is requested, materials purchased shall be reimbursed at cost plus applicable mark-up. The Contractor shall provide documentation of the cost for materials (i.e., invoices) for all items with the extended price of five hundred ($500.00) or more. Permits, Licenses and Taxes: In accordance with Section 218.80 F. S., all permits and licenses necessary for performance of the work shall be identified and obtained by the Contractor. All permit fees levied by Collier County shall be paid for by the using department/division. If Contractor Page 17 of 23 Packet Page-1623- 6/14/2016 16.E.6. performs any work without obtaining, or contrary to such permits or licenses, Contractor shall bear all costs arising there from. Equipment: If a time and materials quote is requested, the Contractor shall own or lease and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks for routine service at no additional charge to the County. Should "specialty equipment" be needed for non-routine work, the Contractor may rent equipment and charge back to the County "at cost", with no markup. Equipment rentals must be approved prior to commencement of work and shown on all proposals. Projected Timetable: The Facilities Manager or designee will contact the Contractor and request a written quote to complete a specific job outside of monthly quoted landscape services. The Contractor shall respond by delivering to the Facilities Manager or designee a written quote pursuant to the Price Methodology set forth in Section 4.1 of the Agreement and a specified length of time, in calendar days, needed to complete the work. The Facilities Manager or designee shall be in receipt of this proposal within three (3) business days of the original request. If the quote is accepted by the County, Facilities Management will give to the Contractor a "Notice to Proceed" which may be in the form of a formal letter, written email, a P.O., or a P.O. number if referencing a "blanket P.O.". All County work above $5,000 will have a vendor supervisor on-site. All work under the $5,000 threshold shall have a (Contractor) supervisor on-call. Contractor Performance Collier County's Mission Statement is to "Exceed Customer's Expectations". At time of acceptance of the contract, the Contractor will assume this mission statement as an integral part of the contract and strive in every way possible to achieve this goal. The Contractor shall provide a phone list where the Project Manager or his designated representative can be contacted immediately in the event of unsatisfactory performance or in an emergency. The phone list shall include phone numbers where the Contractor can be reached during both business hours and non-business hours. The County shall be able to reach the Contractor at any time in case of an emergency. The County shall be considered a "prime contract" and all necessary resources shall be directed to this contract enabling the County to continue to function during any emergency or natural disaster. The Contractor is not allowed to employ illegal immigrants to perform grounds services or any other services in County facilities or in connection with the contract. Please provide, upon award of the contract, certification stating the above. The County has the right to review the supporting documentation and validate the certification. Vendor will provide this documentation to the County, free of charge, at the request of the County. Page 18 of 23 Packet Page -1624- 6/14/2016 16.E.6. Non-Performance: In the event the Contractor fails to perform any required service within the time schedule under this contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such performance, per occurrence, from the Contractor's monthly payments according to the following penalization rate schedule when non-compliance occurs. Contractor will be notified in writing by the contract manager of such infraction. Mowing w/dull blades leaving clumps of $200/day per site grass Weeding not done as required $100/day per site Hedges not trimmed as required $100/day per site Debris/Litter not removed $100/day Edging not done as required $200/day Incomplete Mulching as specified $250/site Palm "Tropical Cut" incomplete $250/tree Any scheduled service $200/day per site The Contractor may be exempt from this provision if the Facilities Manager or designee grants such exemption, in writing, prior to any delays caused by the County, or as a result of an Act of Nature. It is the County's intent to have all tasks performed satisfactorily and completed in accordance with the specifications and frequencies set forth under the contract. It is important that the Contractor perform all tasks as prescribed. If any tasks are omitted or not performed satisfactorily and completely and with the frequency designated by the contract, the entire affected area as defined solely by the Facilities Manager or designee shall be found to be a non-performance area and the Deductions shall be utilized. The Deduction Schedule (see above) shall be used by the County in determining deductions for non-performance or deficiencies in work performed. These Deductions may be used (as distinguished from an estimate based on the Contractor's quoted price or cost) to determine the monetary amount that the County may deduct or recover from the Contractor under this agreement for failure to perform in accordance with the contract specifications. A set amount determined, in accordance with the above Deduction Schedule, by the Facilities Manager or designee may also be used, one hundred dollars ($100.00)to two hundred fifty dollars ($250.00) per occurrence, per day, plus actual cost to correct violation. The County has the right to deduct from the Contractor's monthly invoice for non-performance or deficiencies using the Deduction Schedule regardless of whether the County has the deficient work completed using other personnel. Contractor will be notified in writing by the Facilities Manager or designee of such infraction. Page 19 of 23 Packet Page-1625- 6/14/2016 16.E.6. Site Locations Approximate Area: It was the Contractors responsibility to measure the acreage at the time the Contractor provided the proposal. The County will not accept requests for price increases due to the Contractor not verifying the acreage and not being fully informed as to the scope of services required. All acreage includes the right-of-way beyond any sidewalk. The locations for each area are set forth in Exhibit B. Notes: • Main Government Complex— excludes the interior grounds of the Collier County Main Campus Museum. • The Old Golden Gate Branch Library is herein referred to as the Golden Gate Senior Center located at 4898 Coronado Parkway, Naples, FL. • Marco Island Tax Collector's is located at 1040 Winterbery, Marco Island, FL. • Immokalee Emergency Services Center and Rear Field is located at 106-112 South First Street, Immokalee, FL. • University Extension Office — does not include specialty plant beds surrounding the building. • Immokalee Domestic Animal Services is located at 405 Stockade Road, Immokalee, FL. • Supervisor of Elections Building is located at 3750 Enterprise Ave, Naples, FL and is included in this Agreement. • EMS #90 located at 175 Isles of Capri, Isles of Capri, FL was removed from this Agreement. • Property Appraiser is now located at 3950 Radio Road, Naples, FL. • 1800/1812 Danford St (duplex) located at 1800/1812 Danford St, Naples, FL is included in this Agreement. • EMS #76 located at 790 Logan Blvd N, Naples, FL is included in this Agreement. • CCSO SGU /EMS#21 located at 11121 Tamiami Trail E, Naples, FL is included in this Agreement. • Van Buren Vacant Lot located at 2605 Van Buren, Naples, FL is not included in this Agreement and may be added at a later time. Reporting to Sites: Prior to the start of work, the Contractor will report to the office on site unless otherwise directed. Upon arriving at a job site, the service provider shall immediately survey the area to remove all litter, glass, rocks, dead foliage, metal, branches, palm fronds or other debris subject to becoming a projectile if engaged by a mower. Page 20 of 23 Packet Page -1626- 6/14/2016 16.E.6. Exhibit B Contractor's Bid Proposal IHannula-t►and$caping and Irrigation,Inc. Item Location Address Monthly Cost Annual Cost Section 1: Routine Sites 1 Main Government Complex 3335 Tamiami $ 16,500.00 $ 198,000.00 Trail E 2 Naples Regional Library 650 Central $ 850.00 $ 10,200.00 Avenue 3 Vanderbilt Branch Library& Nature 788 Vanderbilt $ 750.00 $ 9,000.00 Areas Beach Road 4 Golden Gate Senior Center 4898 Coronado $ 525.00 $ 6,300.00 Parkway 5 Golden Gate Library 2432 Lucerne $ 500.00 $ 6,000.00 Road 6 Marco Island Branch Library 210 S $ 725.00 $ 8,700.00 Heathwood, MI 7 Golden Gate Estates Branch Library 1266 Golden $ 750.00 $ 9,000.00 Gate Parkway 8 East Naples Branch Library 8787 Tamiami $ 550.00 $ 6,600.00 Trail E 9 Immokalee Branch Library 417 N 1st St $ 650.00 $ 7,800.00 10 Headquarters Library 2385 Orange $ 1,150.00 $ 13,800.00 Blossom Dr 11 South Regional Library 8065 Lely $ 950.00 $ 11,400.00 Cultural Pkwy 12 GMD - P&R 2800 Horseshoe $ 900.00 $ 10,800.00 N 13 GMD-C&M 2885 Horseshoe $ 900.00 $ 10,800.00 S 14 CID Building 2373 Horseshoe $ 900.00 $ 10,800.00 E 15 CCSO Special Ops 250 Patriot Way $ 650.00 $ 7,800.00 16 Supervisor of Elections 3750 Enterprise $ 950.00 $ 11,400.00 Ave 17 Golden Gate Emergency Services 4741 Golden $ 520.00 $ 6,240.00 Center Gate Pkwy 18 Golden Gate Government Center 4715 Golden $ 475.00 $ 5,700.00 Gate Pkwy 19 Golden Gate Sheriffs Substation 4707 Golden $ 525.00 $ 6,300.00 Gate Pkwy 20 North Naples Emergency Services 776 Vanderbilt $ 750.00 $ 9,000.00 Center Beach Rd 21 North Naples Government Center 2335 Orange $ 650.00 $ 7,800.00 Blossom Dr 22 Harbor Road Site (two areas) Parcel $ 400.00 $ 4,800.00 #70920600002 23 Rosemary Cemetery 1000 Pine Ridge $ 375.00 $ 4,500.00 Road Page 21 of 23 Packet Page-1627- 6/14/2016 16.E.6. 24 Naples Depot 1051 5th Ave S $ 750.00 $ 9,000.00 25 EMS#3- MedFlight 2375 Tower Drive $ 425.00 $ 5,100.00 26 EMS#10 14756 $ 425.00 $ 5,100.00 Immokalee Rd 27 EMS#24 2795 Airport Rd $ 625.00 $ 7,500.00 N 28 EMS#71 95 13th St SW $ 525.00 $ 6,300.00 29 EMS#75 4590 Santa $ 650.00 $ 7,800.00 Barbara 30 Everglades Museum 105 Broadway $ 525.00 $ 6,300.00 Ave W 31 Everglades Sheriffs Substation 32020 Tamiami $ 450.00 $ 5,400.00 Trail E 32 Marco Island Historical Museum 180 S. $ 950.00 $ 11,400.00 Heathwood, MI 33 Marco Island Sheriff Substation 990 Barfield Dr N $ 525.00 $ 6,300.00 34 Marco Island Tax Collector 1040 Winterberry $ 450.00 $ 5,400.00 35 Road & Bridge 4800 Davis Blvd $ 750.00 $ 9,000.00 36 Motor Vehicle Building 725 Airport Rd N $ 850.00 $ 10,200.00 37 Property Appraiser 3950 Radio Road $ 1,150.00 $ 13,800.00 38 Fleet Management 2901 County $ 880.00 $ 10,560.00 Barn 39 CCSO Fleet 2885 County $ 780.00 $ 9,360.00 Barn. 40 Domestic Animal Services 7610 Davis Blvd $ 850.00 $ 10,200.00 41 Cat Facility(Radio Road) 8300 Radio Road $ 750.00 $ 9,000.00 42 Emergency Services Center 8075 Lely $ 850.00 $ 10,200.00 Cultural Blvd 43 Immokalee Government Center 106 S 1st St $ 650.00 $ 7,800.00 44 Immokalee Emergency Services Center 112 S 1st St $ 550.00 $ 6,600.00 & Rear Field 45 Roberts Ranch and Grove Area 1215 Roberts $ 1,150.00 $ 13,800.00 Ave W 46 Immokalee Health Services & Rear 419 N 1st St $ 675.00 $ 8,100.00 Area 47 University Extension Office 14700 $ 950.00 $ 11,400.00 Immokalee Road 48 Immokalee Domestic Animal Services 405 Sgt Joe $ 550.00 $ 6,600.00 Jones Road 49 Immokalee Code Enforcement 310 Alachua St $ 550.00 $ 6,600.00 50 Immokalee Jail (perimeter only) Sgt Joe Jones $ 525.00 $ 6,300.00 Road 51 Immokalee Vacant Lot(next to $ 250.00 $ 3,000.00 EMS/SO) 52 1973 Bay Street 1973 Bay Street $ 250.00 $ 3,000.00 53 2015 Bay Street 2015 Bay Street $ 250.00 $ 3,000.00 54 Bay Street-Vacant lot 1987/2001 Bay $ 250.00 $ 3,000.00 St 55 21 Street House 790 21st St N $ 350.00 $ 4,200.00 56 1800/1812 Danford St(duplex) 1800/1812 $ 425.00 $ 5,100.00 Danford St 57 Ochopee Fire 40808 Tamiami $ 350.00 $ 4,200.00 Trail E Page 22 of 23 Packet Page-1620 I 8- 6/14/2016 16.E.6. 58 EMS#76 790 Logan Blvd $ 550.00 $ 6,600.00 N 59 CCSO SGU/EMS#21 11121 Tamiami $ 780.00 $ 9,360.00 Trail E ROUTINE'SITES-TOTAL> ;$� $4111.04 $ : :049,320.00 Section 2: Hourly Rates/Markups-This section only applies to additional services(Item 60-66). When obtaining quotes / proposals for additional services the rates in Section 2 herein may be used; however, the rates will only be required if a time and materials quotation is requested. Compliance to this schedule will not be required in the event a lump sum quote is requested and accepted. Item Description Unit of Subtotal # Measure landscape plant materials % over cost 25% 60 Mark-upon cost of all 61 Mark-up cost of non-plant materials (such as irrigation % over cost 25% parts and controls, etc.) 62 Mark-up of subcontractor costs % over cost 15% 63 Hourly rate-Supervisor per hour $ 65.00 64 Hourly rate- Irrigation Supervisor per hour $ 65.00 65 Hourly rate-Installation Supervisor per hour $ 65.00 66 Hourly rate-Worker per hour $ 55.00 Page 23 of 23 Packet Page-1629-