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Agenda 02/27/2018 Item #16D 502/27/2018 EXECUTIVE SUMMARY Recommendation to approve an award for Invitation to Bid Number 17-7206 “Vanderbilt Beach Municipal Service Taxing Unit (MSTU) Roadway Landscape Maintenance” to Ground Zero Landscaping Service, Inc., and authorize the Chairman to execute the attached agreement. OBJECTIVE: To provide for on-going maintenance of landscaping and irrigation installed by the Vanderbilt Beach MSTU within its boundary. CONSIDERATIONS: The Procurement Services Division staff advertised Invitation to Bid Number 17- 7206 "Vanderbilt Beach MSTU Roadway Landscape Maintenance” on October 31, 2017, to perform regular landscape maintenance for Vanderbilt Drive. Nine hundred eighty-eight (988) notices were sent out and thirty-five (35) vendors downloaded the bid package. Four (4) bids were received on December 1, 2017, as follows: Contractor Base Bid Amount Base Bid + Alternates Ground Zero Landscaping Services Inc. $50,306.25 $52,124.25 Florida Land Maintenance Inc. $68,706 $70,916 Superior Landscaping & Lawn Service $81,350 $84,055 Hannula Landscaping & Lawn Service $171,604 $175,599 On January 4, 2018, the Vanderbilt Beach MSTU Advisory Board voted 4-0 to endorse the recommendation to award the bid to Ground Zero Landscaping Services, Inc. Consistent with the MSTU’s Advisory Committee, staff is recommending an award of base bid plus the alternates to the lowest, responsive and responsible bidder, Ground Zero Landscaping Services Inc. FISCAL IMPACT: Funds for the project are available in the amount of $100,000 are available within the Vanderbilt MSTU Fund 143. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve Award Bid #17-7206 “Vanderbilt Beach MSTU Roadway Landscape Maintenance” to Ground Zero Landscaping Services, Inc. and authorize the Chairman to execute the attached agreement. Prepared By: Harry Sells, Project Manager, Public Transit & Neighborhood Enhancement Division ATTACHMENT(S) 1. 17-7206 NORA (PDF) 2. 17-7206 Ground Zero_Contract_VendSign (PDF) 3. 17-7206 Ground Zero Bid Schedule (XLSX) 4. Ground Zero Bid Addendum 1 (PDF) 5. 17-7206 Vanderbilt MSTU Landscape Solicitation (PDF) 16.D.5 Packet Pg. 953 02/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.5 Doc ID: 4663 Item Summary: Recommendation to approve an award for Invitation to Bid #17-7206 “Vanderbilt Beach Municipal Service Taxing Unit (MSTU) Roadway Landscape Maintenance” to Ground Zero Landscaping Service Inc., and authorize the Chairman to execute the attached agreement. Meeting Date: 02/27/2018 Prepared by: Title: Project Manager – Public Transit & Neighborhood Enhancement Name: Harry Sells 01/24/2018 12:23 PM Submitted by: Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement Name: Michelle Arnold 01/24/2018 12:23 PM Approved By: Review: Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 01/25/2018 12:49 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/24/2018 1:39 PM Procurement Services Sandra Herrera Additional Reviewer Completed 01/25/2018 4:45 PM Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 01/26/2018 12:08 PM Procurement Services Swainson Hall Additional Reviewer Completed 01/29/2018 1:59 PM Procurement Services Ted Coyman Additional Reviewer Completed 02/06/2018 10:17 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 02/06/2018 4:02 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 02/06/2018 4:10 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 02/13/2018 9:42 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/14/2018 11:42 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/15/2018 10:20 AM County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 02/16/2018 3:46 PM Budget and Management Office Ed Finn Additional Reviewer Completed 02/20/2018 12:14 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/20/2018 1:24 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM 16.D.5 Packet Pg. 954 16.D.5.a Packet Pg. 955 Attachment: 17-7206 NORA (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 956Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 957Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 958Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 959Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 960Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 961Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 962Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 963Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 964Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 965Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 966Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 967Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 968Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 969Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 970Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 971Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 972Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 973Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 974Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 975Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 976Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 977Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 978Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 979Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 980Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 981Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 982Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 983Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 984Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.bPacket Pg. 985Attachment: 17-7206 Ground Zero_Contract_VendSign (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) PM: Harry Sells PS: Brenda Brilhart ITB 17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance DESCRIPTION QTY UNIT UNIT PRICE 1 Weekly Mowing & Edging 49,776 sq. Sod 52 Ea 150 2 General Weeding (hand and chemical) shrubs, groundcovers for weed free site 52 Ea 200 3 General Site Pruning (includes all disposal cost) Entire area completed once per month.12 Ea 300 4 Weekly Trash Removal (includes all disposal cost)52 Ea 50 5 Weekly Street Cleaning 52 Ea 75 6 Weekly Irrigation Systems Functions 52 Ea $200.00 Section I Total 7 Hedge Pruning- 28 Lot lengths (175 feet per lot) face prune and cut to max ht. 6 feet unless otherwise directed. Three times per year Jan, May, Sept 3 EA 980 8 Mature Canopy Trees- Lift 10' off sidewalks and 15' off roadways twice a year, structural once a year. Approximately 40 trees 2 Ea $200.00 9 Palms, various species and sizes , all trees four times a year. (includes seed pods) Approximately 104 trees.4 Ea $1664.00 10 8-2-12 (slow release) (two times a yr.; Unit Price per bag of 32 bags) (Labor only; County Supplies Fertilizer) Total Price=cost per bag x 32 Ea $5.00 ORNAMENTAL SPRAYING Contractor to supply chemical 11 Groundcover, Shrubs, & Trees: Insecticides as needed (Per one lot length 175 feet. Contractor supplies Chemical) Total Price=cost per lot x # of lots 1 Ea 12 Groundcover, Shrubs, & Trees: Fungicides as needed (Contractor supplies Chemical) Per square foot 1 SF 13 Groundcover, Shrubs, & Trees: Herbicides as needed (Contractor supplies Chemical) Per square foot 1 SF 14 Groundcover, Shrubs, Herbicides for torpedo grass as needed Per square foot 1 SF 15 Soil drench for white fly infestation. Once per year as directed (per 175 feet of hedge-1 lot length. Contractor provides chemical)1 Ea 16 Turf: Insecticides & Fungicides for 49,776 sf sod as needed (Contractor supplies Chemical) per square foot 1 SF 17 Turf: Herbicides for 49,776 sf sod as needed. (Contractor supplies Chemical) per square foot 1 SF 18 Mulch Application Calculated using 36,000 SF coverage (2" mulch, 2 cu. ft. bags) 3000 bags. Unit cost per bag X actual count 1 Ea 19 PRESSURE CLEANING BRICK PAVERS (4,050 sq. ft. TOTAL) (PER 100 SQUARE FEET MINIMUM) Unit cost X cost per 100 SF 1 Ea Section II Total 20 Irrigation Supervisor (per man hour):1 Hr. 21 Supervisor (per man hour)1 Hr. 22 Supervisor (Out of hours emergency, per man hour)1 Hr. 23 Irrigation Technician (per man hour):1 Hr. 24 Irrigation Technician (Out of hours emergency, per man hour):1 Hr. 25 Laborer/Helper (per man hour):1 Hr. 26 Laborer/Helper (Out of hours emergency, per man hour):1 Hr. SECTION I: BASIC MAINTENANCE FUNCTIONS Section III. General Services Alternates. SECTION II: SITE SPECIFIC MAINTENANCE FUNCTION Fertilization: Turf, Groundcover, Shrubs, and Trees 16.D.5.c Packet Pg. 986 Attachment: 17-7206 Ground Zero Bid Schedule (4663 : 17-7206 Vanderbilt Beach MSTU Landscape PM: Harry Sells PS: Brenda Brilhart ITB 17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance DESCRIPTION QTY UNIT UNIT PRICE 27 Irrigation System Review; Unit per hour 1 Hr. 28 Staking of Small Palm (4"-6" Caliper)1 Hr. 29 Staking Large Palms (Caliper greater than 6")1 Ea 30 Staking Small Canopy Tree (2x2 posts and guy wire, 4"-6" caliper)1 Ea 31 Staking Large Canopy Tree (2x4 posts, greater than 6" caliper)1 Ea 32 Restanding and Staking Small Palm (4"-6" Caliper)1 Ea 33 Restanding and Staking Large Palms (Caliper greater than 6")1 Ea 34 Restanding and Staking Small Canopy Tree (2x2 posts and guy wire, 4"-6" caliper)1 Ea 35 Restaking Large Canopy Tree (2x4 posts, greater than 6" caliper)1 Ea 36 Bobcat and Operator; Unit per Hr.1 Ea 37 Stump Grinder and Operator; Unit per Hr.1 Hr. 38 Truck Operator (Class B or higher current State of Florida Driver License); Unit per hr.1 Ea Section III Total TOTAL BASE BID + ALTERNATE ESTIMATED TOTAL MAN- HOURS TO PERFORM REQUIRED SERVICES per week. Minimum of two men on site at once. MATERIALS COST PLUS; Materials cost plus mark-up cannot exceed fifteen percent (15%). The percentage does not affect the bid but will not be awarded to the bidder who omits or exceeds the PLACE % PERCENT MARK-UP IN BOX: allowable limit. Form 2 - Vendor Checklist Form 3 - Conflict of Interest Form 4 - Vendor Declaration Statement Form 5 - Immigration Affidavit and MOU or Profile Page Form 6 -- W-9 Form 7 - Insurance Requirements Form 8 - References (submit completed referenced forms with bid package) Form 9 - Local Vendor Preference Vendor Name Au thorized Signature Required Bid Forms: 16.D.5.c Packet Pg. 987 Attachment: 17-7206 Ground Zero Bid Schedule (4663 : 17-7206 Vanderbilt Beach MSTU Landscape PM: Harry Sells PS: Brenda Brilhart ITB 17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance TOTAL $ 7,800.00 $10,400.00 $ 3,600.00 $ 2,600.00 $ 3,900.00 $10,400.00 $38,700.00 $ 2,940.00 $ 400.00 $ 6,656.00 $ 160.00 $ 65.00 $ 0.07 $ 0.05 $ 0.10 $ 23.00 $ 0.02 $ 0.01 $ 1,350.00 $ 12.00 $11,606.25 $ 50.00 $ 45.00 $ 70.00 $ 45.00 $ 70.00 $ 35.00 $ 53.00 16.D.5.c Packet Pg. 988 Attachment: 17-7206 Ground Zero Bid Schedule (4663 : 17-7206 Vanderbilt Beach MSTU Landscape PM: Harry Sells PS: Brenda Brilhart ITB 17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance TOTAL $ 55.00 $ 70.00 $ 90.00 $ 70.00 $ 90.00 $ 200.00 $ 215.00 $ 200.00 $ 225.00 $ 95.00 $ 85.00 $ 55.00 1,818.00$ 52,124.25$ 15 Submitted Yes/No yes yes yes yes yes yes yes yes 16.D.5.c Packet Pg. 989 Attachment: 17-7206 Ground Zero Bid Schedule (4663 : 17-7206 Vanderbilt Beach MSTU Landscape 16.D.5.d Packet Pg. 990 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 991 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 992 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 993 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 994 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 995 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 996 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 997 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 998 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 999 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 1000 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 1001 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 1002 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 1003 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 1004 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) 16.D.5.d Packet Pg. 1005 Attachment: Ground Zero Bid Addendum 1 (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Vanderbilt Beach MSTU Roadway Landscape Maintenance SOLICITATION NO.: 17-7206 BRENDA BRILHART, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8446 brendabrilhart@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/2/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.D.5.e Packet Pg. 1006 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 2 TABLE OF CONTENTS ITEM DESCRIPTION ...................................................................................................................................................... 1. Introduction 2. Background 3. Term of Contract 4. Award Criteria General Bid Instructions 5. Purpose/Objective 6. Pricing 7. Alternate Bid Pricing 8. Equal Product 9. Discount 10. Addenda 11. Bid Submission 12. Questions 13. Protests 14. Local Vendor Preference 15. Immigration Affidavit Certification 16. Lobbying 17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 18. General Information 19. Bid Award Process 20. Reserved Rights 21. Collier County Purchase Order Terms and Conditions Additional Terms and Conditions 22. Insurance and Bonding Requirements 23. Additional items and/or Service 24. Vendor Performance Evaluation 25. Additional Terms and Conditions of Contract 26. Public Records Compliance 27. Payment Method 28. Environmental Health and Safety 29. Licenses 30. Survivability 31. Relation of County 32. Termination 33. Public Entity Crime 34. Security and Background Checks 35. Conflict of Interest 36. Prohibition of Gifts to County Employees 37. Deduction for Non-Performance 38. Offer Extended to Other Governmental Entities 39. Florida Wood Products 40. Standards of Conduct 41. Protection of Property 42. Collier County Information Technology Requirements 43. Maintenance of Traffic Policy 44. Debris 45. Direct Material Purchase 46. Grant Compliance 47. Equipment Attachments Attachment A – Scope of Services Attachment B – Required RFP Forms Attachment C – Bid Schedule 16.D.5.e Packet Pg. 1007 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 3 SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 17-7206 PROJECT TITLE: Vanderbilt Beach MSTU Roadway Landscape Maintenance POST DATE: October 31, 2017 PRE-BID CONFERENCE: n/a BID OPENING DAY/DATE/TIME: December 1, 2017 at 2:30 PM PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 1. INTRODUCTION As requested by the Public Transit Neighborhood Enhancement (PTNE) 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 bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. The intent of the County is to enter into a contract to provide Landscape Maintenance services within the boundaries of the Vanderbilt Beach Municipal Service Taxing Unit (MSTU), including but not limited to, mowing, weeding, debris removal, edging, trimming, etc. Historically, County departments have spent approximately $90,000 annually; however, this may not be indicative of future buying patterns. 2. BACKGROUND The awarded Contractor shall furnish all labor, tools, materials, and processes necessary to perform the work described hereu nder, except for items that may be provided separately by the County (i.e. fertilizer, mulch, etc.) as identified. Licenses required include: Landscape licenses, chemical application licenses, arborist and maintenance of traffic certifications. 3. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two one year renewal o ptions. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 4. AWARD CRITERIA ITB award criteria are as follows: 4.1 The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the solicitation. 4.2 It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. 4.3 For the purposes of determining the winning bidder, the County will select the vendor with the lowest total base bid as outlined below: • Award will be to the lowest, responsive and responsible bidder for all lines. 4.4 Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: 16.D.5.e Packet Pg. 1008 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 4 • It is the intent of the County to award to one firm. 4.5 The County reserves the right to issue a formal contract or standard County Purc hase Order for the award of this solicitation. GENERAL BID INSTRUCTIONS 5. PURPOSE/OBJECTIVE As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (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 forms furnished by the County noted in Attachments of this ITB. Bids may not be considered unless Bid forms are properly executed. 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 subm itted as being rejected as non-responsive. 6. 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 only be adjusted as outlined. 7. ALTERNATE BID PRICING In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all altern ates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed may be considered technically non- responsive and will not be considered for award. 8. 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 by the County 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, the vendor must contact the Procurement Services Division for instructions on submittal. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 9. DISCOUNT 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. 10. ADDENDA The County reserves the right to formally amend and/or clarify the re quirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and notifications 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. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all documents provided, 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. 11. BID SUBMISSION All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: www.colliergov.net/bid 12. 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 16.D.5.e Packet Pg. 1009 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 5 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 Procurement Servi ces Division Internet website: www.colliergov.net/bid. Questions will not be answered after the date and time noted. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 13. PROTESTS Any prospective vendor/bidder 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 Services Division prior to the time of the bid opening strictly in accordance with the County’s then current Procurement Ordinance and policies. 14. LOCAL VENDOR PREFERENCE (LVP) 14.1 The County is using the Competitive Sealed Bid methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08 establishing and adopting the Collier County Procurement Ordinance. 14.2 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 forego ing 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 pri vilege to claim Local Preference status for a period of up to one year. 14.3 Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmativel y 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 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 contrar y, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. 14.4 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. W hen 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 lo west local bidder) shall have the opportunit y 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 Procurement Services Division shall determine if the lo we st 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 Procurement Services Division 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 lo west bid, less one (1) dollar, fro m the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lo west 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. 14.5 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. 14.6 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. 14.7 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. 16.D.5.e Packet Pg. 1010 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 6 15. IMMIGRATION AFFIDAVIT CERTIFICATION 15.1 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 (ITB) including professional services and construction services. (1) Exceptions to the program: (a) Commodity based procurement where no services are provided. (b) Where the requirement for the affidavit is waived by the Board of County Commissioners. 15.2 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 Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor 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. 15.3 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. 15.4 For additional information regarding the Employment Eligibility Ve rification 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. 15.5 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. 16. LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the fin al contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. 17. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL STATUTE 607.1501) 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 provide a certificate of authority (www.sunbiz.org/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 fi rm. 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 t he best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall conduct a random selection (coin toss) by the Procurement Services Director before at least three witnesses. 19. BID AWARD PROCESS Award shall be made in a manner consistent with the County’s Procurement Ordinance. Award recommendations will be posted on the Collier County Procurement Services Division website. 20. RESERVED RIGHTS Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive mino r 16.D.5.e Packet Pg. 1011 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 7 irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any pa rt of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one o r more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the bes t interest of the County. Collier County reserves its right to reject any sole response. COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 21. PURCHASE ORDER TERMS AND CONDITIONS 21.1 Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 21.2 Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 21.3 Inspection 21.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. 21.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 21.4 Shipping and Invoices 21.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receip t of the goods by the COUNTY nonetheless remain with VENDOR. 21.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 21.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 21.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 16.D.5.e Packet Pg. 1012 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 8 21.5 Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 21.6 Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time require d for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decr ease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 21.7 Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 21.8 Statutory Conformity 21.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 21.9 Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 21.10 Indemnification VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 21.11 Warranty of Non Infringement 21.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. 21.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods a nd/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 21.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non infringing, (without any material degradation in performance, quality, functionality or additional c ost to the COUNTY). 21.12 Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insura nce coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 16.D.5.e Packet Pg. 1013 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 9 21.13 Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provis ions 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. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Ord er. 21.14 Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 21.15 Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 21.16 Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or servi ces purchased (Florida Statutes, Chapter 212), and from federal excise tax. 21.17 Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 21.18 Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 21.19 General 21.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 21.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 21.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 21.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 21.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 16.D.5.e Packet Pg. 1014 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 10 ADDITIONAL TERMS AND CONDITIONS FOR ITB 22. INSURANCE AND BONDING REQUIREMENTS 22.1 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 the Insurance and Bonding attachment 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. 22.2 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. 22.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 22.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 22.5 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. 22.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificat es 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. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 22.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, 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. 22.8 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. 22.9 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 o f 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. 22.10 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 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 Con tract Documents. 22.11 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) ca lendar 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. 23. ADDITIONAL ITEMS AND/OR SERVICES Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 24. VENDOR PERFORMANCE EVALUATION 16.D.5.e Packet Pg. 1015 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 11 The 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 this Agreement. 25. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 25.1 The selected Vendor may be required to sign a standard Collier County co ntract. 25.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager . 25.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 25.4 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. 26. PUBLIC RECORDS COMPLIANCE 26.1Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) 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 26.2 The Contractor must specifically comply with the Florida Public Records Law to: 26.2.1 Keep and maintain public records required by the public agency to perform the service. 26.2.2 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. 26.2.3 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 a nd following completion of the contract if the Contractor does not transfer the records to the public agency. 26.2.4 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 el ectronically 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. 27. PAYMENT METHOD Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: Purchase Order Number and 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 East, Suite 700 Naples FL 34112 16.D.5.e Packet Pg. 1016 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 12 Or Emailed to: bccapclerk@collierclerk.com 27.1 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. 27.2 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. 27.3 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. 28. ENVIRONMENTAL HEALTH AND SAFETY 28.1 All Vendors and Sub Vendors performing service for Collier County are required and shall c omply 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 a nd 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. 28.2 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. 28.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 28.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 29. LICENSES 29.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 29.2 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/regi stration will need to be renewed thereafter to remain “active” in Collier County. 29.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252 -2477. 30. SURVIVABILITY The Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicit ation 17-7206 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 31. RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 32. TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may 16.D.5.e Packet Pg. 1017 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 13 terminate this Agreement immediately 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. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 33. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 34. SECURITY AND BACKGROUND CHECKS 34.1 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 incl ude, 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 t o maintain records on each employee and make them available to the County for at least four (4) years. 34.2 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 tec hnicians shall have on their shirts the name of the contractor’s business. 34.3 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. 34.4 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. 35. CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. 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 fr om consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 36. 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 othe r 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, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 37. DEDUCTION 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 ma y also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor’s non-performance. 38. 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. 16.D.5.e Packet Pg. 1018 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 14 39. 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. 40. 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. 41. 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. 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. 42. 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 acce ss. 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 Procurement Services Division 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. 43. 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 Procurement Services Division 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 requirements. Strict adherence to the requirements of the Maintenance of Traffic (“MOT”) policy will be enforced under thi s 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. 44. 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. 45. DIRECT MATERIAL PURCHASE 45.1The 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 responsibilit ies 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 s uppliers. In either instance the County may require the following information from the Vendor: 45.1.1 Required quantities of material 16.D.5.e Packet Pg. 1019 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB #17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance 15 45.1.2 Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 45.1.3 Pricing and availability of goods and/or materials provided under Vendor’s agreements with material suppliers 46. 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. 47. 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. 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.D.5.e Packet Pg. 1020 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Vanderbilt Beach MSTU Roadway Landscape Maintenance SOLICITATION NO.: 17-7206 ATTACHMENT A – SCOPE OF SERVICES BRENDA BRILHART, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8446 brendabrilhart@colliergov.net (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.D.5.e Packet Pg. 1021 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB 17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance Attachment A - Scope of Work/Services and Technical Specifications Detailed Scope of Work The following specifications outline the minimum requirements of Collier County for a prospective Contractor to enter into a contract to provide Landscape Maintenance services within the boundaries of the Vanderbilt Beach Municipal Service Taxing Unit (MSTU), designated as ITB 17-7206 - “Vanderbilt Beach MSTU Landscape Maintenance”. The responsibility to discern the Scope of Service detailed in this specification shall rest solely with the Contractor. A failure of the Contractor to accurately assess the Scope shall not relieve any of the responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional compensation. All sections of these Specifications may not be applicable to all service areas listed and the frequency of any services provided by the Contractor may be modified as needed by the MSTU Project Manager. SCOPE OF SERVICE The Contractor shall furnish all labor, tools, materials, and processes necessary to perform the work described hereunder, except for items that may be provided separately by the County (i.e. fertilizer, mulch, etc.) as identified. LOCATION AND DESCRIPTION OF WORK AREAS The areas of work included in these specifications are located as described below and/or as shown on the plans attached to these specifications to include sidewalks, curbing, guardrails, landscaping, irrigation observation as described in this contract, being described as Areas No.1 as follows: Those areas where curbing, landscaping and irrigation systems have been installed to date, being located as follows: 1. An area on the north right-of-way of Vanderbilt Beach Road and west of Vanderbilt Beach Drive to Launch Circle, south side of the sidewalk. (Contract Sub-Area N-01) 2. The west right-of-way of Vanderbilt Drive – Vanderbilt Beach Road to Bluebill Ave./111th Ave. including side street radii. (1.3 miles – one single ROW side maintenance; no medians) (Contract Sub-Areas S-01 thru S-15) 3. Bench Sitting Areas #1 thru #6 (includes pavers); (Contract Sub-Areas B-01 thru B-06). The benches at B-02 and B-06 have been removed due to construction. The restoral date is not known. WEEKLY LANDSCAPE SERVICE Weekly Landscape Service in the designated MSTU area(s) – details described below - shall include trash removing, mowing, edging, weeding, general trimming, pruning, post-service cleaning, and inspecting/ reporting. Trash Removing  At the start of Landscape Maintenance Service on the day of service and prior to mowing, the Contractor shall remove and properly dispose of all trash and debris from the service area and right-of-way. 16.D.5.e Packet Pg. 1022 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 2  This shall include, but is not limited to, horticultural and non-horticultural debris, palm fronds, tree branches and limbs, loose shrubbery, leaves, rocks, paper, bottles, cans, cigarette butts, and other miscellaneous objects on the ground or attached in the service area and the associated right- of-way.  Disposal of trash and debris shall be at a proper landfill or disposal site. These fees are to be included in the bid price. Mowing  Mowing shall be performed in specified MSTU areas, including medians, along the outside edge of the sidewalks of adjacent properties which are not currently maintained by the property owners.  Right-of-way mowing of turf and applicable vegetation is required from back of curb or sidewalk to the right-of-way line.  Turf and vegetation shall be cut to a height of no less than three and one-half inches (3½”) and the height of the grass blade shall not exceed six inches (6”).  Roadside swales shall be mowed throughout the entire year. When mowing is not possible due to standing water or soft ground, string trimmers shall be used to reduce the height of turf and vegetation to the waterline.  All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, bagged clippings shall be collected and removed at no additional cost to the MSTU. All equipment guards and deflectors are to be installed and functional.  The Contractor shall use appropriate mowing practices, alternate patterns, or walk-behind equipment within narrow or water-soaked areas so as not to create wheel ruts or wear down the turf.  Ruts caused by mowers shall be repaired at no additional costs to the MSTU.  The Contractor shall avoid mowing patterns that eject clippings, rocks, or any miscellaneous debris onto pedestrians and vehicles or into moving traffic. Edging  Mechanical edging of turf boundaries shall be performed with each mowing to establish a clean line of demarcation and eliminate grass root runners.  Edged areas shall to include parking lots, sidewalk edges, back of curbs, plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees; as well as around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, and manholes, etc. where they exist.  Metal blade edging is not permitted along plant bed and turf boundaries where underground irrigation components are present.  Chemical herbicides shall not be used for edging. Weeding  Weeding shall be performed weekly throughout the year to provide a weed-free and well- maintained appearance, removing undesired and invasive vegetation on the ground (including palm pups). 16.D.5.e Packet Pg. 1023 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 3  Areas to be weeded include plant beds, mulched spaces, rocks, sidewalks (concrete, paver, asphalt, etc.), concrete medians, curb joints, utility bases and access boxes, guardrail bases, and tree grates, etc.  Weeds that are less than 3-inches from plantings shall be hand pulled.  The contractor shall have the option to use chemical weed-killer or pre-emergent, upon approval by the Project Manager of both the location and product to be used.  Any plants damaged or killed by application of chemical weed-killer or pre-emergent shall be replaced at the expense of the contractor within 72-hours.  Should concerns be identified regarding chemical weeding, the Project Manager may direct that hand-weeding be performed. General Trimming & Pruning  General Trimming & Pruning shall be defined as the cutting of all vegetation below a height of ten feet (10’) to provide a tight, well maintained appearance throughout the year.  This includes groundcovers, shrubs, trees (except magnolias), and palms.  See specifications and heights for various foliage within the MSTU.  Within this specification, groundcovers and shrubs are “trimmed,” while trees and palms are “pruned;” except magnolias.  Both trimming and pruning shall meet ANSI standards and include the removal of all diseased or dead vegetation, old leaf growth, broken branches, and suckers at tree bases.  Groundcovers and Shrubs shall be trimmed: o at regular intervals, generally monthly, except to allow for flowering. o with heights and shapes alternating by plant variety, or as determined by the MSTU Project Manager. o to an angled or rounded shape so as not to encroach over curbs or into roadways and pathways. o in a consistent manner for each plant variety to give the appearance of continuity throughout the landscape, adjusted as needed for local topography. o to maintain one foot (1’) of clearance from the edge of curbs, sidewalks, roadways, or pathways, etc.  Ornamental Grasses shall be trimmed: o after flowering, during the first two weeks of October and April. o at the base to remove old growth. o in a manner to provide a cone shape and without a flat top.  Hedges on the right-of-way shall be trimmed: o to maintain a height of six feet (6’). o to maintain a flat top and flat, vertical side toward the roadway. o to not extend over an adjacent sidewalk or roadway. o Property Owner Exception:  Effected only upon written request from the Property Owner and signed approval by the Project Manager. 16.D.5.e Packet Pg. 1024 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 4  Property Owner agrees to maintain hedge at maximum height of ten (10) feet at their expense consistent with the top and vertical side specifications as described above.  Exception may be cancelled at any time by the Project Manager.  Trees and palms shall be pruned: o to clean out dead limbs, fronds, suckers, etc. o on a quarterly basis, or as needed, to maintain a minimum ten-foot (10’) canopy height over sidewalks and pedestrian pathways.  To maintain line-of-sight visibility, vegetation of any kind within turn lanes, at median ends, and along intersection roadsides shall be trimmed or pruned to eighteen inches (18”) height by October 1st of each year and subsequently maintained to no more than twenty-four inches (24”) per FDOT Indexes.  The frequency of trimming or pruning may be adjusted at the direction of the Project Manager. Post-Service Cleaning  On the same day as Weekly Landscape Service and before departing the MSTU, the entire service area shall be cleaned to maintain a neat and safe condition.  This includes removal of any accumulation of debris or anything generated from the maintenance performed.  All hard surfaces shall be blown-down; to include the four (4’) foot area from the face of the sidewalks, gutters and curbs, turn lanes, medians, and adjacent parking lots and athletic courts.  Blow-down shall be directed toward the existing landscape median or grass.  Grass clippings or other debris shall not be blown onto adjacent private property or accumulate on the right-of-way, paved areas, or blown into traffic or roadways. Inspecting & Reporting  The Contractor shall inspect all plant, shrub, tree and grass areas in the MSTU during each week’s service to the site for completion and cleaning.  The Contractor shall be responsible to promptly notify the MSTU Project Manager of any disease infestation, insect infestation, foliage die-off, irrigation issues, maintenance problems, additional necessary maintenance, or unusual occurrence or finding.  A complete Monthly Landscape Maintenance Report (Attachment) shall be filled-in by the Contractor and submitted to the Project Manager no later than the third business day after the last service week of each month.  The Project Manager shall have the option to require a weekly submission, no later than Tuesday following the maintenance week.  The Contractor shall be available for on-site inspection in the MSTU to verify work completed or to review open issues at the Project Managers request. Miscellaneous Responsibilities  The removal of existing tree and palm staking shall be the responsibility of the Contractor. 16.D.5.e Packet Pg. 1025 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 5  To avoid damage to curbs and turf, the Contractor shall provide and utilize ramps or other devices for ingress and egress, as needed. Damage attributable to the Contractor shall be repaired at the Contractor's expense, as determined by the MSTU Project Manager. WEEKLY IRRIGATION SERVICE The landscape Contractor shall maintain the installed irrigation system for proper function. The areas of responsibility include: The contractor shall update and coordinate the watering schedules with the Project Manager as required for monitoring purposes and make recommendations to the Project Manager as conditions warrant. All irrigation change requests shall be confirmed via e-mail. Weekly Service Requirements  It shall be the Contractor's responsibility to inspect, operationally test, and perform minor repairs to the irrigation system on a weekly basis to enable proper and safe operation.  Minor repairs include replacement of heads, nozzles, decoders, installation or replacement of risers, repair of minor/lateral PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids, etc.  If any irrigation issues beyond the scope of the weekly service are determined, the Contractor shall promptly notify the Irrigation Project Manager.  Visual inspection of the irrigation system(s) shall be performed to check for: o Cuts o Leaks o Pipe damage o Dry areas o Flooded areas o Damaged or deteriorated valve boxes  Operational testing of the irrigation system(s) shall be performed to verify that source water is available and accessible. o Pumps are operating. o Control enclosures are intact and controllers are powered and responding to inputs. o Controller activated zone control, zone sequence, and zone duration is operational. o Rain sensors are intact and functioning. o Valves are opened and closed to confirm proper function, either manually at the valve box or at the controller. o Spray patterns deliver complete water coverage while avoiding overspray. o Water meters are registering flow and water consumption readings are recorded.  Valve boxes shall be kept fully accessible and clear of debris inside, with lids fully closed when not being serviced.  Valve assemblies shall be inspected and cleaned, with sprinkler heads, nozzles, and screens cleared and adjusted.  Only County-approved replacement parts may be used and only matched precipitation head replacements may be installed. All irrigation parts shall be supplied by Collier County under a 16.D.5.e Packet Pg. 1026 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 6 separate annual contract. The landscape contractor must arrange for pickup or delivery in accordance with the Division’s Standard Operating Procedures (SOPs).  Repairs to defective or non-operational controllers shall be performed only after direct consultation with the Irrigation Project Manager.  Major repairs are not included in the weekly irrigation service. These include repairs to valves, controllers, electrical wiring and main lines. Prior to proceeding, major repairs shall be evaluated and quoted separately and may be sourced separately from others. Reporting  A complete Monthly Irrigation Maintenance Report (Attachment) shall be filled-in by the Contractor and submitted to the Project Manager no later than the third business day after the last service week of each month. (Part of the Monthly Landscape Maintenance Report).  The Project Manager shall have the option to require a weekly submission, no later than the Tuesday following the maintenance week.  The Contractor shall be available for on-site inspection in the MSTU to verify work completed or to review open issues at the Project Managers request. ORNAMENTAL & TURF SPRAYING Application  Spraying of trees, shrubs, plants, and turf is to be performed by the Contractor, who must be certified to apply the chemicals (pesticides) used.  If the primary Contractor is not certified, a certified sub-contractor may be hired upon approval by the Project Manager and at no additional cost to the MSTU.  Every insecticide, fungicide, and herbicide chemical to be applied shall be approved by the Environmental Protection Agency for its intended use and manner of application.  The rate of application shall conform to specifications on the manufacture's labels.  Applications shall be performed when the plant material is dry.  Special applications may be performed after prior approval of the Project Manager Schedule  Spraying may be performed upon prior approval by the Project Manager.  Time frames: Trees, Shrubs, Groundcovers, Turf Chemical General Insecticide As-needed Fungicide As-needed Beds Chemical General Pre-emergent Post-emergent Herbicide As-needed Feb Sep Nov Jan Mar 16.D.5.e Packet Pg. 1027 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 7 Turf Chemical General Pre-emergent Post-emergent Herbicide As-needed Feb Sep Nov Jan Mar Records  Records must be kept of all chemical (pesticide) applications, including: o Name of person performing the application. o Trade name & manufacturer. o Date & time of application. o Weather conditions. CANOPY TREE AND PALM PRUNING All canopy trees and palms shall be pruned on a regular schedule to create and maintain a fifteen-foot (15’) canopy clearance over the roadways and a ten-foot (10’) canopy clearance over all pathways.  Within this specification, the term “canopy’ shall be defined as any large shrub, tree, or palm with foliage at a height of ten-feet (10’) and above.  The portion of the canopy situated below ten feet (10’) shall be maintained weekly, as described in the General Trimming & Pruning section of this specification.  Work shall be performed in a professional manner in accordance with acceptable trade standards and practices.  Under story plantings shall be protected during pruning.  Pruning shall be accomplished using a pole saw, ladder, boom truck or lift.  Pruning shall not be accomplished by climbing.  All debris from the pruning shall be removed and the site shall be left in a clean and neat condition. Canopy Trees  Canopy Trees shall be selectively pruned: o With guidance from a professional Certified Arborist. o Two (2) times per year to maintain clearance. o One (1) time per year for structural pruning. o To thin cross branching and to shape the trees. o The work shall be done in a professional manner. Any damaged materials or any incorrect pruning shall result in replacement of that material at the expense of the Contractor. Palms  Canopy Palms, including those identified as self-cleaning, shall be selectively pruned: o with guidance of a professional Certified Arborist. o four (4) times per year to maintain a neat and cleaned appearance. o to remove all nuts, seed pods, and seed stalks. o to remove dead lower fronds while leaving live, healthy fronds intact. o with fronds cut close to the petiole base without damaging living trunk tissue. 16.D.5.e Packet Pg. 1028 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 8  If live fronds need to be removed, including below the nine (9) o’clock - three (3) o’clock level from the base of the palm’s bud or trunk, prior approval shall be obtained from the Project Manager. FERTILIZER Application  Fertilizer is supplied by Collier County under a separate annual contract at the time of application with delivery coordinated by the receiving Contractor.  Fertilizing shall be performed twice a year in the months of October-November and April-May, outside of the rainy season.  Slow release formulations shall be used when available.  Fertilizer shall be broadcast throughout the designated medians, planting beds, and turf areas.  Tree bases and pit areas shall be fertilized evenly so as not to produce a fertilizer ring.  Shrubs and groundcovers shall have the fertilizer blown or fan raked off the foliage following the broadcast application.  Fertilizers shall be removed from curbs, sidewalks, and any surfaces where staining may occur. MULCH Application  Mulch is supplied by Collier County under a separate annual contract at the time of application with delivery coordinated by the receiving Contractor.  The timetable for installing mulch shall be on an as-needed basis, upon direction by MSTU Project Manager.  All designated plant beds shall be mulched by covering all unplanted areas in bed.  The areas to receive mulch shall be raked to establish a level base.  Areas to receive an initial application of mulch shall have mulch evenly distributed to provide a three inch (3") non-compacted or unsettled depth, measured from the base.  Areas to be re-mulched shall have mulch evenly distributed to provide a two inch (2") non-compacted or unsettled depth, measured from the base.  Mulch shall be kept 2” to 3” away from soft ornamental plant stems such as Lillys to help prevent fungus.  Mulch shall not be placed over valves or valve boxes that are located within mulched areas.  All adjacent areas not mulched (curbs, sidewalks, roadways, etc.) shall be cleared of any mulch or foreign debris.  Upon completion of mulching, all excess material, bags and foreign debris shall be collected and disposed of by the Contractor, leaving the overall landscape in a neat and orderly condition. PRESSURE CLEANING  High pressure water cleaning of brick, concrete, pavement, or other hard surfaces may be requested as-needed. 16.D.5.e Packet Pg. 1029 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract) ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 9  Pressure cleaning shall be performed at the direction of the Project Manager on a time & materials basis, quoted by the Contractor and approved in advance upon issuance of a Notice-to- Proceed (NTP).  Damage to pressure cleaning area shall be promptly to the Project Manager for evaluation.  Brick Paver maintenance includes all pavers at bench sitting areas #1 thru #6. MATAINENANCE OF TRAFFIC (MOT)  The Contractor shall verify current MOT certification and comply with the requirements of Collier County’s Maintenance of Traffic (MOT) Policy, available from the county Risk Management Division.  The Contractor shall utilize adequate barricades, warning devices, and the necessary safety equipment according to Collier County Right-of-Way Ordinance.  Flagmen are required when two-way traffic is obstructed.  Blocking of a public right-of-way (ROW) or street, except under extreme emergency conditions, shall not be permitted without prior approval of the Project Manager and arrangements made with agencies having jurisdiction over the street to be closed.  For safe worker visibility; approved bright day-glow red/yellow/orange colored safety vests (Class 3) shall be worn by employees when servicing the area. REPORTS  Reports shall be written in English.  Each e-mailed to the Project Manager and Designees prior to submission of monthly invoices for payment.  Report sheets (Attached) in County format will be provided to the Contractor for this purpose.  Contractor’s format may be acceptable, upon review and approval by the Project Manager. MEETING ATTENDANCE  The Contractor shall attend all monthly MSTU Advisory Committee meetings to discuss the ongoing of the Landscape and Irrigation, per the weekly reports, and answer any resulting questions.  There shall be no additional charge for attendance at these meetings.  If the Contractor fails to attend the monthly meetings without an excused absence, an amount equal to two (2) hours at the supervision labor rate as listed on the Quote Page shall be deducted from the Contractor’s monthly invoice.  The Contractor shall be available for on-site inspection in the MSTU to verify work completed or to review open issues at the Project Managers request. GENERAL PROVISIONS  The Contractor shall identify a singular point of contact with radio, cellular phone and e-mail for 16.D.5.e Packet Pg. 1030 Attachment: 17-7206 Vanderbilt MSTU Landscape Solicitation (4663 : 17-7206 Vanderbilt Beach MSTU Landscape Contract)