Agenda 06/11/2013 Item #16A 26/11/2013 16.A.2.
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) 12 -5857R "Nuisance Abatement Services," to
FA Remodeling & Repairs, Inc., Oliva Enterprises and Neal's Lawn and Landscaping
Maintenance, Inc. and authorize the Chairwoman to sign the resultant contracts.
OBJECTIVE: To award ITB 12 -5857R to multiple firms for nuisance abatement services in
accordance with the Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Sections 176, et seq.
CONSIDERATION: The Code Enforcement Department is responsible for the enforcement of
the Collier County Land Development Code and the Collier County Code of Laws and
Ordinances within unincorporated Collier County. Several code provisions grant authority to the
County to abate nuisances including litter /debris removal and mowing grass when a property
owner fails to maintain their property after legal notice and due process requirements have been
met. The Code Enforcement Department also administers a mandatory lot mowing program for
those repeat offenders who have failed to maintain their property. Properties with three or more
lot mowing (nuisance) violations may be enrolled in the lot mowing program, and once enrolled,
the property owner is responsible for direct costs, plus administrative costs, for the maintenance
provided by the County. A lien is placed on the property if the property owner fails to pay the
program cost.
Vacant and foreclosed homes are also maintained with this program. Property owners and the
banks possessing title or holding the mortgage note are provided an invoice and given the
opportunity to pay the invoice prior to a lien being placed on the property. A lien is placed on
the property if the program costs are not reimbursed to the County. Since November 2008,
banks have spent over 3.2 million dollars to abate code violations. In addition to the primary use
of these contracts by Code Enforcement, other County departments are authorized to use the
services provided for in the contracts.
Prior to the issuance of the new solicitation, Purchasing and Code Enforcement staff members
conducted several meetings with contract vendors and non - contract vendors to consider how the
highest quality service could be provided for the least cost. The resulting scope of work divided
the County into a north and south district with a primary and secondary vendor to be awarded to
the north and south districts for each category of mowing and litter /debris removal.
The Collier County Purchasing Department posted ITB 12 -5857R "Nuisance Abatement
Services" on March 11, 2013. Notices were electronically transmitted to 2,269 contractors; and
seven (7) bids and two (2) "no bids" were received. After review by staff, the recommendation
for award is as follows:
Mowing and Lawn Services: FA Remodeling & Repairs, Inc. would be awarded the primary
vendor for the north and south districts of the County for lot mowing services as they were the
lowest overall bidder in this category. Oliva Enterprises would be awarded the secondary vendor
for the north and south districts of the County for lot mowing services as they were the second
Packet Page -833-
6/11/2013 16.A.2.
lowest overall bidder in this category. The vendors will be assigned abatements in geographic
areas described as the north district and south district with the dividing line being Golden Gate
Blvd., extending from the Gulf of Mexico to the Broward County line. If the primary vendor
assigned the work is not able to perform a specific mowing assignment, staff will contact the
secondary vendor and request the work be completed.
Litter and Debris Removal: FA Remodeling & Repairs, Inc. would be awarded the primary
vendor for the north and south districts of the County for litter and debris removal services as
they were the lowest overall bidder in this category. Neal's Lawn and Landscaping
Maintenance, Inc. would be awarded the secondary vendor for the north and south districts of the
County for litter and debris removal services as they were the second lowest overall bidder in
this category. The vendors will be assigned abatements in geographic areas described as the
north district and south district with the dividing line being Golden Gate Blvd., extending from
the Gulf of Mexico to the Broward County line. If the primary vendor assigned the work is not
able to perform a specific mowing assignment, staff will contact the secondary vendor and
request the work be completed.
FISCAL IMPACT: During fiscal year 2012, the Code Enforcement Department assigned
1,034 lot mowing /litter removals. Code Enforcement anticipates roughly 1,000 abatements in
the fiscal year 2013. Costs associated with Nuisance Abatement services are budgeted in
General Fund 111 within Code Enforcement Operations. It is estimated that a combined annual
amount of $60,000 will be spent on this program for the Code Enforcement Department. An
additional $10,000 is anticipated to be spent by the Bayshore CRA and Parks and Recreation
Departments. The Code Enforcement nuisance abatement program invoices the property owners
for the services rendered and if invoices are not paid within twenty (20) days, a lien is placed on
the property. When a property is sold costs will be recovered at that time if not paid prior to sale.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
is approved as to form and legality, and requires a majority vote for approval. - ERP
GROWTH MANAGEMENT IMPACT: While this item has no direct Growth Management
Impact, it is consistent with the goals of the County to streamline and expedite the procurement
of these required services.
RECOMMENDATION: That the Board of County Commissioners awards Invitation to Bid
(ITB) 12 -5857R "Nuisance Abatement Services ", to FA Remodeling & Repairs, Inc., Oliva
Enterprises and Neal's Lawn and Landscaping Maintenance, Inc., and authorizes the
Chairwoman to sign the County Attorney approved standard contracts.
Prepared By: Jennifer Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division, Planning and Regulation
Attachments: 1) Bid Tabulation
2) Agreement FA Remodeling and Repairs Inc.
3) Agreement Neal's Lawn and Landscaping Maintenance Inc.
4) Agreement Oliva Enterprises Inc.
Packet Page -834-
6/11/2013 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to award Invitation to Bid (ITB) 12 -5857R "Nuisance
Abatement Services," to FA Remodeling & Repairs, Inc., Oliva Enterprises and Neal's Lawn and
Landscaping Maintenance, Inc. and authorize the Chairwoman to sign the resultant contracts.
Meeting Date: 6/11/2013
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
5/9/2013 4:34:19 PM
Approved By
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 5/10/2013 9:41:48 AM
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 5/10/2013 2:07:00 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 5/13/2013 7:15:04 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/14/2013 10:52:29 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 5/16/2013 5:33:41 PM
Name: MarcellaJeanne
Title: Executive SecretaryTransportation Planning
Date: 5/21/2013 4:02:29 PM
Packet Page -835-
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 5/22/2013 1 1:18:45 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/28/2013 9:46:38 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/30/2013 8:47:59 AM
Name: OchsLeo
Title: County Manager
Date: 5/31/2013 10:39:19 AM
Packet Page -836-
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Packet Page -842-
6/11/2013 16.A.2.
A G R E E M E N T 12-6867R
for
Nuisance Abatement
.,HIS AGREEMENT is made and entered into this day of , 2013, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner ") and FA Remodeling and
Repairs, Inc. as the Primary Contractor, authorized to do business in the State of Florida, whose
business address is 8244 Key Royal Circle, Unit 636 Naples, Florida 34119 (hereinafter referred to as
the "Contractor").
WITNESSETH:
COMMENCEMENT: The contract shall be for a two (2) year period, commencing on the date of
award and terminating two (2) years from that date, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed or terminated
by the County. This contract shall have two (2) one (1) year renewals, renewable annually. The
County Manager, or his designee, may, at his discretion, extend the Agreement under all of the
terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The
County Manager, or his designee, shall give the Contractor written notice of the County's intention
to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be
qualified and awarded a Contract to each firm for services, as identified in Exhibit B, hereby
attached and incorporated by reference. The County has divided the two (2) categories of work
into two (2) districts (North and South) with the dividing line between being Golden Gate Blvd,
extending from the Gulf of Mexico to the Broward County line. The County has awarded a
Primary and Secondary Contractor for each of the North and South districts within Category 1:
Mowing; and a different Primary and Secondary Contractor for each of the north and south
districts within Category 2: Litter and Debris Removal. In this contract the County is awarding
both North and South districts and Categories 1 and 2 to one (1) Primary Contractor.
Each awardee will enter into an Agreement to provide services for Nuisance Abatement on a
Primary/Secondary basis as may be required by the Owner in accordance with the terms and
conditions of ITB #12- 5857R, the Contractor's proposal, and Exhibit A, Scope of Services which
are incorporated by reference and made an integral part of this Agreement. The execution of this
Agreement shall not be a commitment to the Contractor that any work will be awarded to the
Contractor. Rather, this Agreement governs the rights and obligations for all work undertaken by
Contractor for Owner pursuant to this Agreement and during the term and any extension of the
term of this Agreement.
Prior to the issuance of a Purchase Order, all work will be sent to the Primary Contractor weekly
on Tuesday and Thursday. For work sent on Tuesday, the Primary Contractor must respond that
they accept the work by end of business on Wednesday. For work sent on Thursday, the Primary
Contractor must respond that they accept the work by end of business on Friday. For any work
not responded to or not accepted by the Primary Contractor, the Secondary Contractor will be
sent the list of jobs weekly on Monday.
n
2.1 While this Agreement is intended primarily for the Collier County Code Enforcement and
Facilities Management Department, any County Department may use this contract(s) provided
sufficient funds are included in its budget(s). For added properties, mowing sites or services
where departments other than Collier County Code Enforcement and Facilities Management
Department may want to use this agreement, those services shall be priced in accordance with
Exhibit B.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the work
awarded to them in accordance with the fee schedule in Exhibit B. Prices shall remain firm for the
initial term of this contract. Requests for consideration of a price adjustment must be made on the
contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent
upon the consumer price index (CPI) over the past twelve (12) months, budget availability and
program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
FA Remodeling and Repairs, Inc.
8244 Key Royal Circle, Unit 636
Naples, Florida 34119
Attention: Carla Alvear
Phone: 239 - 601 -0122
Fax: 239 -354 -8089
famodelingO- gmail.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Interim Purchasing /General Services Director
Phone: 239 - 252 -8975
Fax: 239 - 252 -6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
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5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
Ali permits, fees and licenses necessary for the prosecution of the work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the work or portions thereof, which are
applicable during the performance of the work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
o. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non - performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -
Ownership.
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C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph. This section does not pertain to any incident arising from the
sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of a
claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 11 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner's opinion to protect it from loss because of: (a) defective work not
remedied; (b) reasonable indication that the work will not be completed within the specified time;
(f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of
the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to ..
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Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
13. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any work under this Agreement and Contractor
shall diligently pursue the completion of the work. Contractor shall be solely responsible for all
means, methods, techniques, sequences, and procedures as well as coordination of all
portions of the work under the Contract Documents.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty -eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
work to increase or decrease the work. Promptly after being notified of a change, Contractor
shall submit to the using department, an itemized estimate of any cost or time increases or
savings it foresees as a result of the change. Except in an emergency endangering life or
property, or as expressly set forth herein, no addition or changes to the work shall be made
except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such modification. No officer, employee or
agent of Owner is authorized to direct any extra or changed work orally.
A modification to the Purchase Order shall be issued and executed promptly after an
agreement is reached between Contractor and Owner concerning the requested changes.
Contractor shall promptly perform changes authorized by duly modified Purchase Orders.
15. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify Owner in writing.
16. CLEAN UP. Contractor agrees to keep the work sites clean at all times of debris, rubbish and
waste materials. At the completion of the work, Contractor shall remove all debris, rubbish and
waste materials from and about the work site, as well as all tools, appliances, construction
equipment and machinery and surplus materials, and shall leave the Project site clean.
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17. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
18. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well - groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
19. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
at the work site, Contractor, without special instruction or authorization from Owner is obligated
to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written
notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor
believes that any significant changes in the work or variations from the Contract Documents
have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
20. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Code Enforcement Department.
21, COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB #12- 5857R, any
addenda, Exhibits A and B, and any Purchase Order made or issued pursuant to this
Agreement.
22. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and /or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and /or firm from doing business with the County
for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes;
and, c. immediate termination of any contract held by the individual and /or firm for cause.
C.1
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23. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the work or portions thereof, which are applicable during the performance of the work. No
markup shall be applied to sales tax.
25. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is 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. Failure by
the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
26. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
27. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
'8. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
29. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related
records. Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years
30. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision - making authority and by County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full decision -
making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to
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submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of.this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
* * * * * * * * * * * * * * * * * * * * * * * * ** *Remainder of page intentionally left
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated
(Seal)
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to form and
legal sufficiency:
Assistant County Attorney ( e4d
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
FA Remodeling and Repairs, Inc.
Contractor
By:
Signature
Typed Signature
Title
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EXHIBIT A
Scope of Services
12 -5857 Nuisance Abatement
Contractor shall provide the following services which include, but are not limited to: mowing, bush - hogging and
litter /debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI,
Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications are
intended to provide the information by which Contractors may understand the minimum requirements of Collier
County relative to this Agreement. It is the responsibility of the awarded contractors to adhere to these laws
and regulations.
Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres)
• East Naples District
• Golden Gate City District
• Golden Gate Estates District
• North Naples District
• Immokalee District - Inclusive of Port of the Isles /Goodland /Copeland
The quantity and location of the service areas listed above are not guaranteed as the number of possible
violations cannot be predicted. The County reserves the right to order services as required during said term,
but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot
owner exemptions, the County will not guarantee any number of lots for the term of this Agreement.
The County has divided the two (2) categories of work into two (2) districts (north and south) with the dividing
line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The
County has awarded a primary and secondary Contractor for each of the north and south districts
within Category 1: Mowing; and a different primary and secondary Contractor for each of the north and
south districts within Category 2: Litter and Debris Removal.
The two (2) categories include:
Mowing Category which is made up of:
Mandatory Work: The work is described as a public nuisance determined to exist three (3) or more
times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same
ownership.
2. Non - mandatory Work: The work is described as any accumulation of weeds, grass or similar non -
protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and
located on a mowable lot, in any Recorded or Unrecorded subdivision of Collier County.
Litter and Debris Removal Category and includes, but, is not limited to: clean -up, removal, proper disposal of
white goods, cars, trucks, grills, tires, scrap metal, or any other item large item as defined by the Department,
and fill dirt if ordered.
For both categories of work, the Contractor shall provide all labor (qualified personnel), material, supplies and
equipment to perform required services, including but not limited to, mowing, bush - hogging and litter /trash
removal in accordance with all specifications, terms and conditions specified herein and attached hereto.
The County intends to use the awarded Contractors as described above for mandatory and non - mandatory
mowing services, and on -call large abatement services.
General Requirements: In all cases, prior to each abatement operation, the Contractor shall pick up all
litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement
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conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to
avoid bumping, girdling, and/or causing any other damage to trees, shrubs, plants, fences, and benches.
The sites requiring abatement can and will be both public and private property which are under
enforcement action taken by the County. Abatement is through authority provided under Ordinance and
may be accompanied in some cases by Court Order which may or may not require an escort.
1 Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning
the nature and location of the work and the general and local conditions, and particularly, but, without
limitation, with respect to the following: physical conditions at the work -site and the project area as a
whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve
Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the
basis for any claim for additional compensation.
3. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn
areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be
mowed with twenty -one inch (21 , + / -) diameter hand walk behind type mowers to prevent wheel ruts in
the turf caused by heavier type self - propelled rider mowers. The Contractor shall be responsible for
repairing any ruts caused by their mowers at no additional costs to the County.
4. Photograph Requirements: All photographs shall be time and date stamped. The before photo showing
the violation prior to Contractor abatement, and the after photo showing the site immediately after
Contractor abatement. Photos must be in color and submitted in electronic format to the designated
County representative within seven (7) days of abatement. As the photographs may be used as
evidence, the Contractor shall retain originals of said photographs either until payment is received by the
County or until such a time as deemed appropriate by any other government authority as required by law.
5. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to
complete the jobs, who is familiar with the terms and conditions of the contract and has authority to act as
a single point of contact for the work to be performed, at all times, during the term of this Agreement. If
the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and
shall assign a new Supervisor within seven (7) calendar days of the County's notification. All
communication, written or oral, shall be solely in the English language.
6. Contractor Equipment: The Contractor shall provide all equipment to perform requested services,
including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain
saws, bush - hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth,
clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written
approval has been granted by County representative(s) in writing.
7. Mowin : The Contractor shall mow at the interval identified in the individual abatement request, unless
otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the
County's Mandatory Lot Mowing Program which may require mowing bi- weekly during certain periods of
heavy growth (May 1 through October 31), and monthly mowing from November Il t through April 30th,
unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet
enough to result in damage to turf or unsafe mowing conditions for the Contractor.
8. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of notice to
proceed to complete work related to the abatement, unless otherwise directed in writing, or unless
specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure
the safety of all citizens and animals on and around subject property during abatement operations.
9. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday
through Saturday, unless preempted by scheduled activities.
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10. Reports and Invoicinsa: The Contractor shall complete and submit with the invoice for payment, the
forms) provided to the Contractor with before and after photos - date and time stamped. The Contractor
will also be required to conduct on -site inspections with Code Enforcement or County's Representative
on an as needed basis to verify satisfactory completion of Contract requirements.
11. Equipment Required for Services:
• Tractor w/ 60" bush hog or greater (optional, however, must�have access as needed)
• Professional /Commercial Grade Riding Mower
• Hand pushed mower(s)
• Weed eater(s)
• Power Blower(s)
• Power edger(s)
• Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be
anything from garbage to appliances, furniture, tires, junk cars or other large items.
• Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job
in an efficient and timely manner.
• Any other items necessary to accomplish the task.
12. Property Owner Complaint Process: For the purpose of reporting complaints, the Contractor shall
contact the County's Project Manager with any complaints at (239) 252 -2329. The Contractor will contact
the Code Enforcement representative to notify County personnel of any complaints received within
twenty -four (24) hours. If directed by the Project Manager, the Contractor shall address all complaints
within five (5) working days of notification of knowledge of the incident. Damages not responded to or not
resolved to the reasonable satisfaction of the County, shall be deducted from the Contractor's invoice.
The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of
their disposition /resolution.
13. Specifications
a. Mowing: Assignment of job sites may require a one -time mowing or a continuous cycle of bi- weekly
during the period from May 1s' through October 31st, or monthly during the period from November 1St
through April 30th. Mowing shall include all specified areas of the properties that are not currently
maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry
retention areas must be mowed -prior to authorizing a vendor to enact the County's Mandatory Lot
Mowing Program, the Contractor will be asked to make a site visit and confirm the property size and
frequency with the assigned Code Enforcement Investigator.
Grass shall be cut at a height no less than three inches (Y). The frequency of cutting will be determined
by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to
palm fronds, leaves, branches, etc.) shall be mulched or removed by the contractor.
b. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility
service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees.
Grass root runners extending into the mulched areas shall be cut and removed when the edging is
performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve
boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other
areas resulting from edging shall be removed. No herbicide shall be used for edging.
c. Blowing: All sidewalks, curbing and /or gutters including a four foot (4') area from the face of the curb
and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean. No
clippings or other debris shall be blown or allowed to be deposited on other adjacent property or
accumulate on right -of -way areas.
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d. Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing
all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural
debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal
fees, tipping fees or charges are to be included in the base cost of these services.
e. Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large
items such as appliances, furniture, tires, junk cars or other large items are part of this Agreement and
shall be priced in accordance with Exhibit B.
* * * * * * * * * **
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EXHIBIT B
Fee Schedule
12 -5857R Nuisance Abatement
Primary Contractor
14
9
,,f:_.,
Up to and including twenty -four (24)
1
Mowing
inches high and up to one -half (.5)
$30.00
$30.00
acres.
Up to and including twenty -four (24)
2
Mowing
inches and up to one -half (.5) to one (1)
$30.00
$30.00
acre
3
Mowing
Up to and including twenty -four (24)
$35.00
$35.00
inches and from one (1) —two (2) acres
Up to and including twenty -four (24)
4
Mowing
inches per acre (for lots greater than two
$35.00
$35.00
(2) acres)
Twenty -four (24) inches and including
5
Mowing
thirty -six (36) inches and up to one -half
$40.00
$40.00
(.5) acres
Twenty -four (24) inches and including
6
Mowing
thirty -six (36) inches and one -half (.5) to
$40.00
$40.00
one (1) acre
Twenty -four (24) inches and including
7
Mowing
thirty -six (36) inches and from one (1) to
$45.00
$45.00
two (2) acres
Twenty -four (24) inches and including
8
Mowing
thirty -six (36) inches per acre (for lots
$45.00
$45.00
greater than two (2) acres)
9
Mowing
Over thirty -six (36) inches and up to
$35.00
$35.00
one -half (.5) acre
10
Mowing
g
ver thirty -six (36) inches and up to
$40.00
$40.00
one -half (.5) to one (1) acre
11
Mowing
g
ver thirty -six (36) inches per acre (for
$35.00
$35.00
lots greater than one (1) acre)
Additional mark -up for supplies and
13
Mowing
equipment for items not identified in
N/A
N/A
the scope of work (expressed as .xx)
Labor rate for additional unanticipated
14
work not outlined in the solicitation (i.e.
$17.00
$17.00
hazardous waste abatement, etc.)
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,,f:_.,
EXHIBIT B
Fee Schedule
12 -5857R Nuisance Abatement
Prima Contractor
y
Litter and Debris Removal: which may
include, and not be limited to abatement
Litter and
of white goods, cars, trucks, grills, tires,
1
Debris
scrap metal, or any other item large item $15.00 $15.00
Removal
as defined by the Department (inclusive
of dumpster and disposal /tipping fees
per cubic yard)
Litter and
Litter and Debris Removal Fill Dirt (per
$18.00
$18.00
2
Debris
cubic yard)
Removal
Additional mark -up for supplies and
Litter and
equipment for items not identified in
3
Debris
the scope of work (expressed as .xx)
0.00
0.00
Removal
plus cost over the vendor's invoice
provided to the County
Hourly labor rate for additional
unanticipated work not outlined in the
$17.00
$17.00
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solicitation (i.e. hazardous waste
abatement, etc.)
im
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A G R E E M E N T 12-5857R
for
Nuisance Abatement
THIS AGREEMENT is made and entered into this day of , 2013, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Neal's Lawn and
Landscaping Maintenance, Inc. as the Secondary Contractor, authorized to do business in the
State of Florida, whose business address is 363 Altamont Avenue, Fort Myers, Florida 33905
(hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on the date of
award and terminating two (2) years from that date, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed or terminated
by the County. This contract shall have two (2) one (1) year renewals, renewable annually. The
County Manager, or his designee, may, at his discretion, extend the Agreement under all of the
terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The
County Manager, or his designee, shall give the Contractor written notice of the County's intention
to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be
qualified and awarded a Contract to each firm for services, as identified in Exhibit B, hereby
attached and incorporated by reference. The County has divided the two (2) categories of work
into two (2) districts (North and South) with the dividing line between being Golden Gate Blvd,
extending from the Gulf of Mexico to the Broward County line. The County has awarded a
Primary and Secondary Contractor for each of the North and South districts within Category 1:
Mowing; and a different Primary and Secondary Contractor for each of the north and south
districts within Category 2: Litter and Debris Removal. In this contract the County is awarding
North and South districts in Category 2 to the Secondary Contractor.
Each awardee will enter into an Agreement to provide services for Nuisance Abatement on a
Primary/Secondary basis as may be required by the Owner in accordance with the terms and
conditions of ITB #12- 5857R, the Contractor's proposal, and Exhibit A, Scope of Services which
are incorporated by reference and made an integral part of this Agreement. The execution of this
Agreement shall not be a commitment to the Contractor that any work will be awarded to the
Contractor. Rather, this Agreement governs the rights and obligations for all work undertaken by
Contractor for Owner pursuant to this Agreement and during the term and any extension of the
term of this Agreement.
Prior to the issuance of a Purchase Order, all work will be sent to the Primary Contractor weekly
on Tuesday and Thursday. For work sent on Tuesday, the Primary Contractor must respond that
they accept the work by end of business on Wednesday. For work sent on Thursday, the Primary
Contractor must respond that they accept the work by end of business on Friday. For any work
not responded to or not accepted by the Primary Contractor, the Secondary Contractor will be
sent the list of jobs weekly on Monday.
2.1 While this Agreement is intended primarily for the Collier County Code Enforcement and
Facilities Management Department, any County Department may use this contract(s) provided
sufficient funds are included in its budget(s). For added properties, mowing sites or services
where departments other than Collier County Code Enforcement and Facilities Management
Department may want to use this agreement, those services shall be priced in accordance with
Exhibit B.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the work
awarded to them in accordance with the fee schedule in Exhibit B. Prices shall remain firm for the
initial term of this contract. Requests for consideration of a price adjustment must be made on the
contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent
upon the consumer price index (CPI) over the past twelve (12) months, budget availability and
program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Neal's Lawn and Landscaping Maintenance, Inc.
363 Altamont Avenue
Fort Myers, Florida 33905
Attention: Neal Tracy
Phone: 239 - 240 -4300
nealslawn(o)- hotmail.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Interim Purchasing /General Services Director
Phone: 239 -252 -8975
Fax: 239 -252 -6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
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5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the work or portions thereof, which are
applicable during the performance of the work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non - performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
This shall include Owned Vehicles, Hired and Non -Owned Vehicles and
Ownership.
3
$1,000,000 Per
Damage Liability.
Employee Non-
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph. This section does not pertain to any incident arising from the
sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of a
claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 11 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner's opinion to protect it from loss because of: (a) defective work not
remedied; (b) reasonable indication that the work will not be completed within the specified time;
(f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of
the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
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Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
13. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any work under this Agreement and Contractor
shall diligently pursue the completion of the work. Contractor shall be solely responsible for all
means, methods, techniques, sequences, and procedures as well as coordination of all
portions of the work under the Contract Documents.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
work to increase or decrease the work. Promptly after being notified of a change, Contractor
shall submit to the using department, an itemized estimate of any cost or time increases or
savings it foresees as a result of the change. Except in an emergency endangering life or
property, or as expressly set forth herein, no addition or changes to the work shall be made
except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such modification. No officer, employee or
agent of Owner is authorized to direct any extra or changed work orally.
A modification to the Purchase Order shall be issued and executed promptly after an
agreement is reached between Contractor and Owner concerning the requested changes.
Contractor shall promptly perform changes authorized by duly modified Purchase Orders.
15. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify Owner in writing.
16. CLEAN UP. Contractor agrees to keep the work sites clean at all times of debris, rubbish and
waste materials. At the completion of the work, Contractor shall remove all debris, rubbish and
waste materials from and about the work site, as well as all tools, appliances, construction
equipment and machinery and surplus materials, and shall leave the Project site clean.
5
17. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
18. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES, The
Contractor shall employ people to work on County projects who are neat, clean, well - groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
19. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
at the work site, Contractor, without special instruction or authorization from Owner is obligated
to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written
notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor
believes that any significant changes in the work or variations from the Contract Documents
have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
20. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Code Enforcement Department.
21. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB #12- 5857R, any
addenda, Exhibits A and B, and any Purchase Order made or issued pursuant to this
Agreement.
22. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and /or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and /or firm from doing business with the County
for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes;
and, c. immediate termination of any contract held by the individual and /or firm for cause.
0
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23. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
24. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the work or portions thereof, which are applicable during the performance of the work. No
markup shall be applied to sales tax.
25. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is 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. Failure by
the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
26. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
27. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
28. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
29. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related
records. Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years
30. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision - making authority and by County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full decision -
making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to
7
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submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
* * * * * * * * * * * * * * * * * * * * * * * * ** *Remainder of page intentionally left blank** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
9
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
M
Dated
(Seal)
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to form and
legal sufficiency:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
Neal's Lawn and Landscaping Maintenance, Inc.
Contractor
By:
Signature
Typed Signature
Title
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EXHIBIT A
Scope of Services
12 -5857 Nuisance Abatement
Contractor shall provide the following services which include, but are not limited to: mowing, bush - hogging and
ar /debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI,
itter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications are
intended to provide the information by which Contractors may understand the minimum requirements of Collier
County relative to this Agreement. It is the responsibility of the awarded contractors to adhere to these laws
and regulations.
Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres)
• East Naples District
• Golden Gate City District
• Golden Gate Estates District
• North Naples District
• Immokalee District - Inclusive of Port of the Isles /Goodland /Copeland
The quantity and location of the service areas listed above are not guaranteed as the number of possible
violations cannot be predicted. The County reserves the right to order services as required during said term,
but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot
owner exemptions, the County will not guarantee any number of lots for the term of this Agreement.
The County has divided the two (2) categories of work into two (2) districts (north and south) with the dividing
line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The
County has awarded a primary and secondary Contractor for each of the north and south districts
within Category 1: Mowing; and a different primary and secondary Contractor for each of the north and
south districts within Category 2: Litter and Debris Removal.
The two (2) categories include:
Mowing Category which is made up of:
Mandatory Work: The work is described as a public nuisance determined to exist three (3) or more
times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same
ownership.
2. Non - mandatory Work: The work is described as any accumulation of weeds, grass or similar non -
protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and
located on a mowable lot, in any Recorded or Unrecorded subdivision of Collier County.
Litter and Debris Removal Category and includes, but, is not limited to: clean -up, removal, proper disposal of
white goods, cars, trucks, grills, tires, scrap metal, or any other item large item as defined by the Department,
and fill dirt if ordered.
For both categories of work, the Contractor shall provide all labor (qualified personnel), material, supplies and
equipment to perform required services, including but not limited to, mowing, bush - hogging and litter /trash
removal in accordance with all specifications, terms and conditions specified herein and attached hereto.
The County intends to use the awarded Contractors as described above for mandatory and non - mandatory
mowing services, and on -call large abatement services.
1. General Requirements: In all cases, prior to each abatement operation, the Contractor shall pick up all
litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement
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conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to
avoid bumping, girdling, and/or causing any other damage to trees, shrubs, plants, fences, and benches.
The sites requiring abatement can and will be both public and private property which are under
enforcement action taken by the County. Abatement is through authority provided under Ordinance and
may be accompanied in some cases by Court Order which may or may not require an escort.
2. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning
the nature and location of the work and the general and local conditions, and particularly, but, without
limitation, with respect to the following: physical conditions at the worts -site and the project area as a
whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve
Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the
basis for any claim for additional compensation.
3. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn
areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be
mowed with twenty -one inch (21" + / -) diameter hand walk behind type mowers to prevent wheel ruts in
the turf caused by heavier type self - propelled rider mowers. The Contractor shall be responsible for
repairing any ruts caused by their mowers at no additional costs to the County.
4. Photograph Requirements: All photographs shall be time and date stamped. The before photo showing
the violation prior to Contractor abatement, and the after photo showing the site immediately after
Contractor abatement. Photos must be in color and submitted in electronic format to the designated
County representative within seven (7) days of abatement. As the photographs may be used as
evidence, the Contractor shall retain originals of said photographs either until payment is received by the
County or until such a time as deemed appropriate by any other government authority as required by law.
5. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to
complete the jobs, who is familiar with the terms and conditions of the contract and has authority to act as
a single point of contact for the work to be performed, at all times, during the term of this Agreement. If
the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and
shall assign a new Supervisor within seven (7) calendar days of the County's notification. All
communication, written or oral, shall be solely in the English language.
6. Contractor Equipment: The Contractor shall provide all equipment to perform requested services,
including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain
saws, bush - hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth,
clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written
approval has been granted by County representative(s) in writing.
7. Mowing: The Contractor shall mow at the interval identified in the individual abatement request, unless
otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the
County's Mandatory Lot Mowing Program which may require mowing bi- weekly during certain periods of
heavy growth (May 1 through October 31), and monthly mowing from November 15t through April 30th,
unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet
enough to result in damage to turf or unsafe mowing conditions for the Contractor.
8. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of notice to
proceed to complete work related to the abatement, unless otherwise directed in writing, or unless
specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure
the safety of all citizens and animals on and around subject property during abatement operations.
9. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday
through Saturday, unless preempted by scheduled activities.
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10. Reports and Invoicing: The Contractor shall complete and submit with the invoice for payment, the
form(s) provided to the Contractor with before and after photos - date and time stamped. The Contractor
will also be required to conduct on -site inspections with Code Enforcement or County's Representative
on an as needed basis to verify satisfactory completion of Contract requirements.
'1. Equipment Required for Services:
• Tractor w/ 60" bush hog or greater (optional, however, must have access as needed)
Professional /Commercial Grade Riding Mower
Hand pushed mower(s)
Weed eater(s)
• Power Blower(s)
• Power edger(s)
• Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be
anything from garbage to appliances, furniture, tires, junk cars or other large items.
• Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job
in an efficient and timely manner.
• Any other items necessary to accomplish the task.
12. Property Owner Complaint Process: For the purpose of reporting complaints, the Contractor shall
contact the County's Project Manager with any complaints at (239) 252 -2329. The Contractor will contact
the Code Enforcement representative to notify County personnel of any complaints received within
twenty -four (24) hours. If directed by the Project Manager, the Contractor shall address all complaints
within five (5) working days of notification of knowledge of the incident. Damages not responded to or not
resolved to the reasonable satisfaction of the County, shall be deducted from the Contractor's invoice.
The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of
their disposition /resolution.
13. Specifications
a. Mowing: Assignment of job sites may require a one -time mowing or a continuous cycle of bi- weekly
during the period from May 1' through October 315`, or monthly during the period from November 15t
through April 30th. Mowing shall include all specified areas of the properties that are not currently
maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry
retention areas must be mowed -prior to authorizing a vendor to enact the County's Mandatory Lot
Mowing Program, the Contractor will be asked to make a site visit and confirm the property size and
frequency with the assigned Code Enforcement Investigator.
Grass shall be cut at a height no less than three inches (Y). The frequency of cutting will be determined
by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to
palm fronds, leaves, branches, etc.) shall be mulched or removed by the contractor.
b. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility
service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees.
Grass root runners extending into the mulched areas shall be cut and removed when the edging is
performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve
boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other
areas resulting from edging shall be removed. No herbicide shall be used for edging.
C. Blowing: All sidewalks, curbing and /or gutters including a four foot (4') area from the face of the curb
and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean. No
clippings or other debris shall be blown or allowed to be deposited on other adjacent property or
accumulate on right -of -way areas.
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d. Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing
all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural
debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal
fees, tipping fees or charges are to be included in the base cost of these services.
e. Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large
items such as appliances, furniture, tires, junk cars or other large items are part of this Agreement and
shall be priced in accordance with Exhibit B.
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EXHIBIT B
Fee Schedule
12 -5857R Nuisance Abatement
Secondary Contractor
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y_
yam• ' .' .I
Litter and Debris Removal: which may
include, and not be limited to abatement
Litter and of white goods, cars, trucks, grills, tires,
item $18.00 $18.00
1
Debris scrap metal, or any other item large
Removal as defined by the Department (inclusive
of dumpster and disposal /tipping fees
per cubic yard)
Litter and
Litter and Debris Removal Fill Dirt (per
$20.00
$20.00
2
Debris
cubic yard)
Removal
Additional mark -up for supplies and
Litter and
equipment for items not identified in
$0.00
$0.00
3
Debris
the scope of work (expressed as .xx)
Removal
plus cost over the vendor's invoice
provided to the County
$350.00 Per
$350.00 Per
Litter and
4
Debris
Additional debris removal
Dumpster
Dumpster
Removal
Hourly labor rate for additional
unanticipated work not outlined in the
$30.00
$30.00
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solicitation (i.e. hazardous waste
abatement, etc.)
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AGREEMENT12 -5857R
for
Nuisance Abatement
THIS AGREEMENT is made and entered into this day of , 2013, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner ") and Oliva Enterprises, Inc. as
the Secondary Contractor, authorized to do business in the State of Florida, whose business
address, 1911 47th Avenue Northeast, Naples, Florida 34120 (hereinafter referred to as the
"Contractor").
).
WITNESSETH:
1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on the date of
award and terminating two (2) years from that date, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed or terminated
by the County. This contract shall have two (2) one (1) year renewals, renewable annually. The
County Manager, or his designee, may, at his discretion, extend the Agreement under all of the
terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The
County Manager, or his designee, shall give the Contractor written notice of the County's intention
to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be
qualified and awarded a Contract to each firm for services, as identified in Exhibit B, hereby
attached and incorporated by reference. The County has divided the two (2) categories of work
into two (2) districts (North and South) with the dividing line between being Golden Gate Blvd,
extending from the Gulf of Mexico to the Broward County line. The County has awarded a
Primary and Secondary Contractor for each of the North and South districts within Category 1:
Mowing; and a different Primary and Secondary Contractor for each of the north and south
districts within Category 2: Litter and Debris Removal. In this contract the County is awarding
North and South districts in Category 1 to the Secondary Contractor.
Each awardee will enter into an Agreement to provide services for Nuisance Abatement on a
Primary/Secondary basis as may be required by the Owner in accordance with the terms and
conditions of ITB #12- 5857R, the Contractor's proposal, and Exhibit A, Scope of Services which
are incorporated by reference and made an integral part of this Agreement. The execution of this
Agreement shall not be a commitment to the Contractor that any work will be awarded to the
Contractor. Rather, this Agreement governs the rights and obligations for all work undertaken by
Contractor for Owner pursuant to this Agreement and during the term and any extension of the
term of this Agreement.
Prior to the issuance of a Purchase Order, all work will be sent to the Primary Contractor weekly
on Tuesday and Thursday. For work sent on Tuesday, the Primary Contractor must respond that
they accept the work by end of business on Wednesday. For work sent on Thursday, the Primary
Contractor must respond that they accept the work by end of business on Friday. For any work
not responded to or not accepted by the Primary Contractor, the Secondary Contractor will be
sent the list of jobs weekly on Monday.
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2.1 While this Agreement is intended primarily for the Collier County Code Enforcement and
Facilities Management Department, any County Department may use this contract(s) provided
sufficient funds are included in its budget(s). For added properties, mowing sites or services
where departments other than Collier County Code Enforcement and Facilities Management
Department may want to use this agreement, those services shall be priced in accordance with
Exhibit B.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the work
awarded to them in accordance with the fee schedule in Exhibit B. Prices shall remain firm for the
initial term of this contract. Requests for consideration of a price adjustment must be made on the
contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent
upon the consumer price index (CPI) over the past twelve (12) months, budget availability and
program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Oliva Enterprises, Inc.
1911 47th Avenue Northeast
Naples, Florida 34120
Attention: Carlos Oliva
Phone: 239 -434 -5296
Fax: 239 -434 -5296
olivaenterprises(aD-aol. com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Interim Purchasing /General Services Director
Phone: 239- 252 -8975
Fax: 239 - 252 -6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
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5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the work or portions thereof, which are
applicable during the performance of the work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non - performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -
Ownership.
3
19%
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph. This section does not pertain to any incident arising from the
sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of a
claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 11 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner's opinion to protect it from loss because of: (a) defective work not
remedied; (b) reasonable indication that the work will not be completed within the specified time;
(f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of
the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
4
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
13. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any work under this Agreement and Contractor
shall diligently pursue the completion of the work. Contractor shall be solely responsible for all
means, methods, techniques, sequences, and procedures as well as coordination of all
portions of the work under the Contract Documents.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty -eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
work to increase or decrease the work. Promptly after being notified of a change, Contractor'
shall submit to the using department, an itemized estimate of any cost or time increases or
savings it foresees as a result of the change. Except in an emergency endangering life or
property, or as expressly set forth herein, no addition or changes to the work shall be made
except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such modification. No officer, employee or
agent of Owner is authorized to direct any extra or changed work orally.
A modification to the Purchase Order shall be issued and executed promptly after an
agreement is reached between Contractor and Owner concerning the requested changes.
Contractor shall promptly perform changes authorized by duly modified Purchase Orders.
15. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify Owner in writing.
16. CLEAN UP. Contractor agrees to keep the work sites clean at all times of debris, rubbish and
waste materials. At the completion of the work, Contractor shall remove all debris, rubbish and
waste materials from and about the work site, as well as all tools, appliances, construction
equipment and machinery and surplus materials, and shall leave the Project site clean.
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17. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
18. _STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well - groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
19. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
at the work site, Contractor, without special instruction or authorization from Owner is obligated
to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written
notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor
believes that any significant changes in the work or variations from the Contract Documents
have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
20. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Code Enforcement Department.
21. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB #12- 5857R, any
addenda, Exhibits A and B, and any Purchase Order made or issued pursuant to this
Agreement.
22. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and /or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and /or firm from doing business with the County
for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes;
and, c. immediate termination of any contract held by the individual and /or firm for cause.
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23. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
24. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the work or portions thereof, which are applicable during the performance of the work. No
markup shall be applied to sales tax.
25. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is 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. Failure by
the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
26. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
27. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
28. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
29. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related
records. Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years
30. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision - making authority and by County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full decision -
making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to
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submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
* * * * * * * * * * * * * * * * * * * * * * * * ** *Remainder of page intentionally left
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Georgia A. Hiller, Esq., Chairwoman
Oliva Enterprises, Inc.
Contractor
By:
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to form and
legal sufficiency:
Assistant County Attorney
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Signature
Typed Signature
Title
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EXHIBIT A
Scope of Services
12 -5857 Nuisance Abatement
Contractor shall provide the following services which include, but are not limited to: mowing, bush - hogging and
ter /debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI,
Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications are
intended to provide the information by which Contractors may understand the minimum requirements of Collier
County relative to this Agreement. It is the responsibility of the awarded contractors to adhere to these laws
and regulations.
Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres)
• East Naples District
• Golden Gate City District
• Golden Gate Estates District
• North Naples District
• Immokalee District - Inclusive of Port of the Isles /Goodland /Copeland
The quantity and location of the service areas listed above are not guaranteed as the number of possible
violations cannot be predicted. The County reserves the right to order services as required during said term,
but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot
owner exemptions, the County will not guarantee any number of lots for the term of this Agreement.
The County has divided the two (2) categories of work into two (2) districts (north and south) with the dividing
line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The
County has awarded a primary and secondary Contractor for each of the north and south districts
within Category 1: Mowing; and a different primary and secondary Contractor for each of the north and
south districts within Category 2: Litter and Debris Removal.
The two (2) categories include:
Mowing Category which is made up of:
1. Mandatory Work: The work is described as a public nuisance determined to exist three (3) or more
times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same
ownership.
2. Non - mandatory Work: The work is described as any accumulation of weeds, grass or similar non -
protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and
located on a mowable lot, in any Recorded or Unrecorded subdivision of Collier County.
Litter and Debris Removal Category and includes, but, is not limited to: clean -up, removal, proper disposal of
white goods, cars, trucks, grills, tires, scrap metal, or any other item large item as defined by the Department,
and fill dirt if ordered.
For both categories of work, the Contractor shall provide all labor (qualified personnel), material, supplies and
equipment to perform required services, including but not limited to, mowing, bush - hogging and litter /trash
removal in accordance with all specifications, terms and conditions specified herein and attached hereto.
The County intends to use the awarded Contractors as described above for mandatory and non - mandatory
mowing services, and on -call large abatement services.
General Requirements: In all cases, prior to each abatement operation, the Contractor shall pick up all
litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement
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conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to
avoid bumping, girdling, and /or causing any other damage to trees, shrubs, plants, fences, and benches.
The sites requiring abatement can and will be both public and private property which are under
enforcement action taken by the County. Abatement is through authority provided under Ordinance and
may be accompanied in some cases by Court Order which may or may not require an escort.
2. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning
the nature and location of the work and the general and local conditions, and particularly, but, without
limitation, with respect to the following: physical conditions at the work -site and the project area as a
whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve
Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the
basis for any claim for additional compensation.
3. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn
areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be
mowed with twenty -one inch (21" + / -) diameter hand walk behind type mowers to prevent wheel ruts in
the turf caused by heavier type self - propelled rider mowers. The Contractor shall be responsible for
repairing any ruts caused by their mowers at no additional costs to the County.
4. Photograph Requirements: All photographs shall be time and date stamped. The before photo showing
the violation prior to Contractor abatement, and the after photo showing the site immediately after
Contractor abatement. Photos must be in color and submitted in electronic format to the designated
County representative within seven (7) days of abatement. As the photographs may be used as
evidence, the Contractor shall retain originals of said photographs either until payment is received by the
County or until such a time as deemed appropriate by any other government authority as required by law.
5. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to
complete the jobs, who is familiar with the terms and conditions of the contract and has authority to act as
a single point of contact for the work to be performed, at all times, during the term of this Agreement. If
the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and
shall assign a new Supervisor within seven (7) calendar days of the County's notification. All
communication, written or oral, shall be solely in the English language.
6. Contractor Equipment: The Contractor shall provide all equipment to perform requested services,
including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain
saws, bush - hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth,
clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written
approval has been granted by County representative(s) in writing.
7. Mowing: The Contractor shall mow at the interval identified in the individual abatement request, unless
otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the
County's Mandatory Lot Mowing Program which may require mowing bi- weekly during certain periods of
heavy growth (May 1 through October 31), and monthly mowing from November 1s' through April 30"',
unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet
enough to result in damage to turf or unsafe mowing conditions for the Contractor.
8. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of notice to
proceed to complete work related to the abatement, unless otherwise directed in writing, or unless
specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure
the safety of all citizens and animals on and around subject property during abatement operations.
9. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday
through Saturday, unless preempted by scheduled activities.
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10. Reports and Invoicing: The Contractor shall complete and submit with the invoice for payment, the
form(s) provided to the Contractor with before and after photos - date and time stamped. The Contractor
will also be required to conduct on -site inspections with Code Enforcement or County's Representative
on an as needed basis to verify satisfactory completion of Contract requirements.
11. Equipment Required for Services:
• Tractor w/ 60" bush hog or greater (optional, however, must have access as needed)
• Professional /Commercial Grade Riding Mower
• Hand pushed mower(s)
• Weed eater(s)
• Power Blower(s)
• Power edger(s)
• Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be
anything from garbage to appliances, furniture, tires, junk cars or other large items.
• Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job
in an efficient and timely manner.
• Any other items necessary to accomplish the task.
12. Property Owner Complaint Process: For the purpose of reporting complaints, the Contractor shall
contact the County's Project Manager with any complaints at (239) 252 -2329. The Contractor will contact
the Code Enforcement representative to notify County personnel of any complaints received within
twenty -four (24) hours. If directed by the Project Manager, the Contractor shall address all complaints
within five (5) working days of notification of knowledge of the incident. Damages not responded to or not
resolved to the reasonable satisfaction of the County, shall be deducted from the Contractor's invoice.
The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of
their disposition /resolution.
13. Specifications
a. Mowing: Assignment of job sites may require a one -time mowing or a continuous cycle of bi- weekly
during the period from May 1s' through October 315t, or monthly during the period from November 1St
through April 30th. Mowing shall include all specified areas of the properties that are not currently
maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry
retention areas must be mowed -prior to authorizing a vendor to enact the County's Mandatory Lot
Mowing Program, the Contractor will be asked to make a site visit and confirm the property size and
frequency with the assigned Code Enforcement Investigator.
Grass shall be cut at a height no less than three inches (Y). The frequency of cutting will be determined
by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to
palm fronds, leaves, branches, etc.) shall be mulched or removed by the contractor.
b. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility
service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees.
Grass root runners extending into the mulched areas shall be cut and removed when the edging is
performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve
boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other
areas resulting from edging shall be removed. No herbicide shall be used for edging.
c. Blowing: All sidewalks, curbing and /or gutters including a four foot (4') area from the face of the curb
and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean. No
clippings or other debris shall be blown or allowed to be deposited on other adjacent property or
accumulate on right -of -way areas.
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d. Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing
all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural
debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal
fees, tipping fees or charges are to be included in the base cost of these services.
e. Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large
items such as appliances, furniture, tires, junk cars or other large items are part of this Agreement and
shall be priced in accordance with Exhibit B.
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EXHIBIT B
Fee Schedule
12 -5857R Nuisance Abatement
Secondary Contractor
P
Up to and including twenty -four (24)
1
Mowing
inches high and up to one -half (.5) $25.00
$25.00
acres.
Up to and including twenty-four (24)
2
Mowing
inches and up to one -half (.5) to one (1)
$30.00
$30.00
acre
3
Mowing
Up to and including twenty-four (24)
$35.00
$35.00
inches and from one (1) - two (2) acres
Up to and including twenty -four (24)
4
Mowing
inches per acre (for lots greater than two
$35.00
$35.00
(2) acres)
Twenty-four (24) inches and including
5
Mowing
thirty -six (36) inches and up to one -half
$35.00
$35.00
(.5) acres
Twenty -four (24) inches and including
6
Mowing
thirty -six (36) inches and one -half (.5) to
$40.00
$40.00
one (1) acre
Twenty -four (24) inches and including
7
Mowing
thirty -six (36) inches and from one (1) to
$45.00
$45.00
two (2) acres
Twenty -four (24) inches and including
8
Mowing
thirty -six (36) inches per acre (for lots
$45.00
$45.00
greater than two (2) acres)
9
Mowing
g
ver thirty -six (36) inches and up to
$45.00
$45.00
one -half (.5) acre
10
Mowing
Over thirty-six (36) inches and up to
$45.00
$45.00
one -half (.5) to one (1) acre
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Mowing
g
ver thirty -six (36) inches per acre (for
$45.00
$45.00
lots greater than one (1) acre)
Additional mark -up for supplies and
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Mowing
equipment for items not identified in
.25
.25
the scope of work (expressed as .xx)
Labor rate for additional unanticipated
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work not outlined in the solicitation (i.e.
$25.00
$25.00
hazardous waste abatement, etc.)
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