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Agenda 10/08/2013 Item #16A17
10/8/2013 16.A.17. EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) 12-5886R Right of Way /Median Mowing Maintenance for the purposes of rural mowing, to Chuchi Bush Hog as the primary vendor, Caribbean Lawn & Garden as a secondary vendor and Superior as the tertiary vendor; for the purposes of urban mowing to A&M Property Maintenance as the primary vendor, Everything Green as the secondary vendor and Chuchi Bush Hog as the tertiary vendor. OBJECTIVE: To provide an annual contract for Right of Way/Median Mowing Maintenance services for all County Departments on an as-needed basis. CONSIDERATIONS: Notices of Invitation to Bid (ITB) 12-5886R Right of Way-/Median Mowing Maintenance for the purposes of rural and urban mowing were sent to 778 firms, 44 companies requested bid packages, and five (5) firms submitted bids by the deadline of August 29, 2013. Chuchi Bush Hog was the lowest qualified, responsive bidder for the purposes of rural mowing and A&M Property Maintenance was lowest qualified, responsive bidder for the purposes of urban mowing. Three of the five bidders did not submit the requested experience documentation; however, Staff requests the Board waive this as a minor irregularity in the award evaluation process. After review, Staff is recommending that ITB 12-5886R be awarded to the five firms: Chuchi Bush Hog as the primary vendor for rural mowing, Caribbean Lawn & Garden. as the secondary vendor and Superior as the tertiary vendor; for the purposes of urban mowing, A&M Property Maintenance as the primary vendor, Everything Green as the secondary vendor and Chuchi Bush Hog as the tertiary vendor; with services to be issued on a County Purchase Order on an as-needed basis. Operating departments will issue the Collier County standard purchase order terms and conditions to commence work with the vendor. FISCAL IMPACT: Funds for these services shall come from each individual department's budget as projects are identified. Historically, the annual amount spent on these services has been approximately $900,000 agency-wide. These services are required to maintain proper Level of Service standards for right-of-way and median maintenance. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of services. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners award ITB # 12-5886R "Right of Way/-Median Mowing Maintenance" contract to Chuchi Bush Hog as the primary vendor, Caribbean Lawn & Garden as a secondary vendor and Superior as the tertiary vendor; for the purposes of rural mowing; to A&M Property Maintenance as the primary vendor, Everything Green as the secondary vendor and Chuchi Bush Hog as the tertiary vendor for the purposes of urban mowing. Prepared by: JR Gorentz, Supervisor of Contracts and Projects, Road and Bridge Maintenance Attachments: 1)ITB 12-5886R; 2)Addendum#2 and; 3)Bid Tabulation; 4)Contract, Chuchi Bush Hog; 5)Contract, Caribbean Lawn; 6)Contract, Superior; 7)Contract,A&M; 8)Contract, Everything Green Packet Page-1657- 10/8/2013 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.17. Item Summary: Recommendation to award Invitation to Bid (ITB) 12-5886R Right of Way /Median Mowing Maintenance for the purposes of rural mowing,to Chuchi Bush Hog as the primary vendor, Caribbean Lawn &Garden as a secondary vendor and Superior as the tertiary vendor;for the purposes of urban mowing to A&M Property Maintenance as the primary vendor, Everything Green as the secondary vendor and Chuchi Bush Hog as the tertiary vendor. Meeting Date: 10/8/2013 Prepared By Name: LynchDiane Title: Administrative Assistant 9/17/2013 9:36:00 AM Approved By Name:NauthRookmin Title: Management/Budget Analyst,Transportation Administr Date: 9/27/2013 2:53:09 PM Name: KearnsAllison Date: 9/27/2013 4:32:46 PM Name: GossardTravis Title: Superintedent-Roads &Bridges,Transportation Eng Date: 9/30/2013 9:18:12 AM Name: VlietJohn Title: Director-Road Maintenance,Transportation Enginee Date: 9/30/2013 11:11:43 AM Name: GorentzJR Title: Supervisor-Road Maint Cont Date: 9/30/2013 11:58:59 AM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Packet Page-1658- a 10/8/2013 16.A.17. Date: 9/30/2013 1:08:03 PM Name: LynchDiane Title: Administrative Assistant Date: 9/30/2013 1:08:18 PM Name: ShueGene Date: 9/30/2013 1:18:39 PM Name: MarkiewiczJoanne Title:Manager-Purchasing Acquisition,Purchasing&Gene Date: 9/30/2013 1:34:09 PM Name: JohnsonScott Title:Purchasing Agent,Purchasing&General Services Date: 9/30/2013 2:00:36 PM Name: BrilhartBrenda Title: Purchasing Agent,Purchasing& General Services Date: 9/30/2013 2:07:01 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10/1/2013 8:53:01 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 10/1/2013 1:27:28 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/1/2013 4:10:19 PM Name: KlatzkowJeff Title: County Attorney Date: 10/2/2013 8:12:56 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/2/2013 8:48:02 AM Packet Page-1659- 10/8/2013 16.A.17. co ler County Administrative Services Division Purchasing INVITATION TO BID Date: July 30, 2013 From: Brenda Brilhart, Procurement Strategist (239) 252-8446 (Telephone) (239) 252-6697 (FAX) brendabrilhart@colliergov.net (Email) To: Prospective Vendors Subject: ITB 12-5886R Right of Way/Median Mowing & Miscellaneous Maintenance As requested by the Road and Bridge Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: JR. Gorentz, Inspector/ Supervisor Road Maintenance Contracts Travis Gossard, Road& Bridge Superintendent Note: All ITB responses submitted must include one (1) original labeled MASTER, along with one (1) exact duplicate copy on a CD, including all required forms. r9„.6-k Purchasing Department•3327 Tamiami Tratl East•Napes,Florida 34112-4901•timw.coliieroov.net,purchasing #12-5886R ROW&Median Mowing 1 Packet Page-1660- 10/8/2013 16.A.17. Invitation to Bid Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit II: General Bid Instructions 6 Exhibit III: Standard Purchase Order Terms and Conditions 11 Exhibit IV: Additional ITB Terms and Conditions 14 Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 21 Attachment 2: Vendor's Check List 22 Attachment 3: Vendor Submittal - Bid Response Form 23 Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 25 Attachment 5: Vendor Submittal— Immigration Affidavit 26 Attachment 6: Vendor Substitute W—9 27 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 28 Exhibit A- Scope of Work 31 #12-5886R ROW&Median Mowing 2 Packet Page-1661- 10/8/2013 16.A.17. Public Notice Sealed bid responses for Solicitation ITB 12-5886R Right of Way/Median Mowing & Miscellaneous Maintenance, will be received either manually or electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 PM Collier County local time on August 29, 2013. ITB responses received after the stated time and date will not be accepted. ITB 12-5886R Right of Way/Median Mowing & Miscellaneous Maintenance A non-mandatory pre-proposal conference will be held on August 14, 2013, commencing promptly at 9:30 AM, and will be held in the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response forms included and only available for download from the Collier County Purchasing Department E-Procurement website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/Joanne Markiewicz Interim Purchasing/General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on July 30, 2013. #12-5886R ROW&Median Mowing 3 Packet Page-1662- 10/8/2013 16.A.17. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Road and Bridge Maintenance Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Detailed Scope of Work—See Exhibit A Award Criteria ITB award criteria are as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in accordance with the following methodology: Total Base Bid for both Rural and Urban Mowing (all line items must be bid to be considered for award). • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select the Vendor or Vendors in the best interest of the County and award work on a Primary/Secondary basis based on Total Bid Rural Mowing; Total Bid Urban Mowing. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary vendor may be utilized. • The agreement will be a standard County short form contract. Term of Contract The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one (1) year renewal periods. 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 based on CPI Index and are dependent upon 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. #12-5886R ROW&Median Mowing 4 Packet Page-1663- 10/8/2013 16.A.17. Projected Timetable Event Date Issue Solicitation Notice 7/30/13 Last Date for Receipt of Written Questions 8/22/13 Non-mandatory pre-solicitation meeting 8/14/13 @ 9:30 AM Addendum Issued By 8/22/13 Solicitation Deadline Date and Time 8/29/13 @ 2:30 PM Anticipated Evaluation of Submittals Week of 9/2/13 Anticipated Contract Approval Date 9/24/13 Vendor Required Documents • Attachment 1: Vendor's Non Response Statement • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement • E-Verify company profile page or memorandum of understanding • Excluded Parties List System Documentation located at: www.sam.gov, and select SEARCH. Prequalification Documentation: (see detailed description in Exhibit A- Scope of Work). Include these documents in bid submittal to be considered for award. • Landscaping License • List of Owned or Leased Equipment • Previous Experience (5 years) • Proof of Maintenance of Traffic Certification #12-5886R ROW&Median Mowing 5 Packet Page-1664- 10/8/2013 16.A.17. Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor". All bids must be submitted on the Bid forms furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for the initial term of this contract. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 5. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 6. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who #12-5886R ROW&Median Mowing 6 Packet Page-1665- 10/8/2013 16.A.17. downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 7. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department e- procurement website: www.collieraov.net/bid. All paper bids shall be submitted to the County Purchasing Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disks (CD's)with one copy of the proposal on a CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside.of the box/envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 8. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E-Procurement website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 9. Protests Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Proposals. 10. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non-responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. #12-5886R ROW&Median Mowing 7 Packet Page-1666- 10/8/2013 16.A.17. 11. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2008-181 establishing and adopting the Collier County Purchasing Policy. The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County purchases. A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County quote or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their quote or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive non-local business submits the lowest price quote, and the quote submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff .> shall first verify if the lowest non-local vendor and the lowest local vendor are in fact qualified and responsive vendors. Next, the Purchasing Department shall determine if the lowest local vendor meets the requirements of Section 287.087 F.S. If the lowest local vendor meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an offer that fully matches the lowest quote from the lowest non-local vendor tendered previously, then award shall be made to the local vendor. If the lowest local vendor declines or is unable to match the lowest non local quote price(s), then award will be made to the lowest overall qualified and responsive vendor. If the lowest local vendor does not meet the requirement of Section 287.087 F.S. and the lowest non-local vendor does, award will be made to the vendor that meets the requirements of the referenced state law. Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Vendor to submit this Affidavit with their quote response will preclude said Vendor from being considered for local preference under this solicitation. A Vendor who misrepresents the Local Preference status of its firm in a quote submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with any of the competing vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 12. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The #12-5886R ROW&Median Mowing 8 Packet Page-1667- 10/8/2013 16.A.17. Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 13. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 14. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. #12-5886R ROW&Median Mowing 9 Packet Page-1668- 10/8/2013 16.A.17. 15. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 16. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. #12-5886R ROW&Median Mowing 10 Packet Page -1669- 10/8/2013 16.A.17. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer actual receipt of the goods by the COUNTY This offer is subject to cancellation by the nonetheless remain with VENDOR. COUNTY without notice if not accepted by b) No charges will be paid by the COUNTY for VENDOR within fourteen (14) days of issuance. packing, crating or cartage unless otherwise specifically stated in this Purchase Order. 2. Acceptance and Confirmation Unless otherwise provided in Purchase This Purchase Order (including all documents Order, no invoices shall be issued nor attached to or referenced therein) constitutes payments made prior to delivery. Unless the entire agreement between the parties, unless freight and other charges are itemized, any otherwise specifically noted by the COUNTY on discount will be taken on the full amount of the face of this Purchase Order. Each delivery of invoice. goods and/or services received by the COUNTY c) All shipments of goods scheduled on the from VENDOR shall be deemed to be upon the same day via the same route must be terms and conditions contained in this Purchase consolidated. Each shipping container must Order. be consecutively numbered and marked to show this Purchase Order number. The No additional terms may be added and Purchase container and Purchase Order numbers must Order may not be changed except by written be indicated on bill of lading. Packing slips instrument executed by the COUNTY. VENDOR must show Purchase Order number and is deemed to be on notice that the COUNTY must be included on each package of less objects to any additional or different terms and than container load (LCL) shipments and/or conditions contained in any acknowledgment, with each car load of equipment. The invoice or other communication from VENDOR, COUNTY reserves the right to refuse or notwithstanding the COUNTY'S acceptance or return any shipment or equipment at payment for any delivery of goods and/or VENDOR'S expense that is not marked with services, or any similar act by VENDOR. Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any 3. Inspection shipment made under this Purchase Order All goods and/or services delivered hereunder and the full invoice value of such shipment. shall be received subject to the COUNTY'S d) All invoices must contain the Purchase Order inspection and approval and payment therefore number and any other specific information as shall not constitute acceptance. All payments are identified on the Purchase Order. Discounts subject to adjustment for shortage or rejection. of prompt payment will be computed from the All defective or nonconforming goods will be date of receipt of goods or from date of returned pursuant to VENDOR'S instruction at receipt of invoices, whichever is later. VENDOR'S expense. Payment will be made upon receipt of a proper invoice and in compliance with To the extent that a purchase order requires a Chapter 218, Fla. Stats., otherwise known as series of performances by VENDOR, the the "Local Government Prompt Payment COUNTY prospectively reserves the right to Act," and, pursuant to the Board of County cancel the entire remainder of the Purchase Commissioners Purchasing Policy. Order if goods and/or services provided early in the term of the Purchase Order are 5. Time Is Of the Essence non-conforming or otherwise rejected by the Time for delivery of goods or performance of COUNTY. services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery 4. Shipping and Invoices schedules or deliver within a reasonable time, as a) All goods are FOB destination and must be interpreted by the COUNTY in its sole judgment, suitably packed and prepared to secure the shall entitle the COUNTY to seek all remedies lowest transportation rates and to comply available to it at law or in equity. VENDOR with all carrier regulations. Risk of loss of agrees to reimburse the COUNTY for any any goods sold hereunder shall transfer to expenses incurred in enforcing its rights. the COUNTY at the time and place of VENDOR further agrees that undiscovered delivery; provided that risk of loss prior to delivery of nonconforming goods and/or services #12-5886R ROW&Median Mowing 11 Packet Page -1670- 10/8/2013 16.A.17. is not a waiver of the COUNTY'S right to insist from, caused by or related to the injury or death upon further compliance with all specifications. of any person (including but not limited to employees and agents of VENDOR in the 6. Changes performance of their duties or otherwise), or The COUNTY may at any time and by written damage to property (including property of the notice make changes to drawings and COUNTY or other persons), which arise out of or specifications, shipping instructions, quantities are incident to the goods and/or services to be and delivery schedules within the general scope provided hereunder. of this Purchase Order. Should any such change increase or decrease the cost of, or the time 11. Warranty of Non-Infringement required for performance of the Purchase Order, VENDOR represents and warrants that all goods an equitable adjustment in the price and/or sold or services performed under this Purchase delivery schedule will be negotiated by the Order are: a) in compliance with applicable laws; COUNTY and VENDOR. Notwithstanding the b) do not infringe any patent, trademark, foregoing, VENDOR has an affirmative obligation copyright or trade secret; and c) do not constitute to give notice if the changes will decrease costs. unfair competition. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the VENDOR shall indemnify and hold harmless the change is ordered or within such additional COUNTY from and against any and all claims, period of time as may be agreed upon by the including claims of negligence, costs and parties. expense, including but not limited to attorneys' fees, which arise from any claim, suit or 7. Warranties proceeding alleging that the COUNTY'S use of VENDOR expressly warrants that the goods the goods and/or services provided under this and/or services covered by this Purchase Order Purchase Order are inconsistent with VENDOR'S will conform to the specifications, drawings, representations and warranties in section 11 (a). samples or other descriptions furnished or specified by the COUNTY, and will be of If any claim which arises from VENDOR'S breach satisfactory material and quality production, free of section 11 (a) has occurred, or is likely to from defects and sufficient for the purpose occur, VENDOR may, at the COUNTY'S option, rnok intended. Goods shall be delivered free from any procure for the COUNTY the right to continue security interest or other lien, encumbrance or using the goods or services, or replace or modify claim of any third party. These warranties shall the goods or services so that they become survive inspection, acceptance, passage of title non-infringing, (without any material degradation and payment by the COUNTY. in performance, quality, functionality or additional cost to the COUNTY). 8. Statutory Conformity Goods and services provided pursuant to this 12. Insurance Requirements Purchase Order, and their production and The VENDOR, at its sole expense, shall provide transportation shall conform to all applicable commercial insurance of such type and with such laws, including but not limited to the Occupational terms and limits as may be reasonably Health and Safety Act, the Federal associated with the Purchase Order. Providing Transportation Act and the Fair Labor Standards and maintaining adequate insurance coverage is Act, as well as any law or regulation noted on the a material obligation of the VENDOR. All face of the Purchase Order. insurance policies shall be executed through insurers authorized or eligible to write policies in 9. Advertising the State of Florida. No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has 13. Compliance with Laws contracted with the COUNTY for goods and/or In fulfilling the terms of this Purchase Order, services, or appropriate or make use of the VENDOR agrees that it will comply with all COUNTY'S name or other identifying marks or federal, state, and local laws, rules, codes, and property without the prior written consent of the ordinances that are applicable to the conduct of COUNTY'S Purchasing Department. its business. By way of non-exhaustive example, this shall include the American with Disabilities 10. Indemnification Act and all prohibitions against discrimination on VENDOR shall indemnify and hold harmless the the basis of race, religion, sex creed, national COUNTY from any and all claims, including origin, handicap, marital status, or veterans' claims of negligence, costs and expenses, status. Further, VENDOR acknowledges and including but not limited to attorneys' fees, arising without exception or stipulation shall be fully #12-5886R ROW&Median Mowing 12 Packet Page -1671- 10/8/2013 16.A.17. responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 19. General as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by regulations relating thereto, as either may be the laws of the State of Florida. The venue amended. Failure by the awarded firm(s) to for any action brought to specifically enforce comply with the laws referenced herein shall any of the terms and conditions of this constitute a breach of the award agreement and Purchase Order shall be the Twentieth the County shall have the discretion to Judicial Circuit in and for Collier County, unilaterally terminate said agreement Florida immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in be regarded by the COUNTY as a material and response to a breach of this Purchase Order substantial breach of the contract arising from by VENDOR shall not constitute a waiver of this Purchase Order. breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be 14. Force Majeure deemed a waiver of any subsequent default Neither the COUNTY nor VENDOR shall be by VENDOR. responsible for any delay or failure in c) All notices under this Purchase Order shall performance resulting from any cause beyond be sent to the respective addresses on the their control, including, but without limitation to face page by certified mail, return receipt war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by When VENDOR has knowledge of any actual or personal delivery and will be deemed potential force majeure or other conditions which effective upon receipt. Postage, delivery and will delay or threatens to delay timely other charges shall be paid by the sender. A performance of this Purchase Order, VENDOR party may change its address for notice by shall immediately give notice thereof, including all written notice complying with the relevant information with respects to what steps requirements of this section. VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any goods and/or services to the COUNTY. travel expenses that may be associated with this Purchase Order in accordance with 15. Assignment Florida Statute Chapter 112.061, Per Diem VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers, nor any money due or to become due without the employees and authorized persons. prior written consent of the COUNTY. Any e) In the event of any conflict between or assignment made without such consent shall be among the terms of any Contract Documents deemed void. related to this Purchase Order, the terms of the Contract Documents shall take 16. Taxes precedence over the terms of the Purchase Goods and services procured subject to this Order. To the extent any terms and /or Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate and use tax on real property, transient rental or overlap the Terms and Conditions of the property rented, tangible personal purchased or Contract Documents, the provisions of the rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most Chapter 212), and from federal excise tax. favorable to the County and/or provide the greatest protection to the County shall 17. Annual Appropriations govern. The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. #12-5886R ROW&Median Mowing 13 Packet Page -1672- 10/8/2013 16.A.17. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor per purchasing policy. If like services do not have a unit price the Project Manager/Inspector and Contractor may negotiate an agreed upon unit price and submit in writing to the Contracts Supervisor or their designee for approval. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of all work assigned per the solicitation amount of said work. 5. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. Failure to complete a Large Machine Mowing cycle within the specified timeframe shall result in the assessment of liquidated damages in the amount of four hundred fifty dollars ($450.00) per day for each day of noncompliance. Failure to complete an intermediate and Small Machine Mowing cycle within the specified timeframe shall result in the assessment of liquidated damages in the amount of four hundred fifty dollars ($450.00) per day for each day of noncompliance. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 6. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. #12-5886R ROW&Median Mowing 14 Packet Page -1673- 10/8/2013 16.A.17. 7. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 8. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 9. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 10. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. #12-5886R ROW&Median Mowing 15 Packet Page-1674- 10/8/2013 16.A.17. 11. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 12. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional— payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each mowing cycle., payment requests may be submitted to the Project Manager/Inspector on a completed mowing cycle basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project Manager/Inspector. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Contracts Supervisor. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after #12-5886R ROW&Median Mowing 16 Packet Page-1675- 10/8/2013 16.A.17. completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 13. Method of Measurement The quantities to be paid for under this Contract shall be the number of acres mowed and accepted. 14. Basis of Payment Payment shall be full compensation for furnishing all equipment, materials, labor, disposal and incidentals necessary to comple mowing cycles, litter removal or other activities requested and accepted. 15. Survivability Purchase Orders: The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 16. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as #12-5886R ROW&Median Mowing 17 Packet Page-1676- 10/8/2013 16.A.17. to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 17. Security and Background Checks If required, awarded Vendor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. #12-5886R ROW&Median Mowing 18 Packet Page-1677- 10/8/2013 16.A.17. 18. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Purchasing Departments and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 19. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. The Vendor shall ensure all vegetative and other materials including litter are removed and leave all affected work areas clear of any and all materials. No unused materials or equipment needed for the performance of services shall be left on any work site when workers are not present without the permission of the Project Manager/Inspector. 20. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 21. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. #12-5886R ROW&Median Mowing 19 Packet Page-1678- 10/8/2013 16.A.17. 22. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. 23. Contractor's Supervision Give the work the constant attention necessary to ensure the scheduled progress, and cooperate fully with the Project Manager/Inspector and/or designee and with other contractors in work in vicinity. The Contractor should maintain a competent superintendent at the site at all times while work is in progress to act as the Contractor's agent. Such a superintendent shall be a competent superintendent capable of properly interpreting the Contract Documents and is thoroughly experienced in the type of work being performed. The superintendent shall speak and understand English, and maintain at least one other responsible person who speaks and understands English on the project during all working hours. The county may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on County projects is not in the best interest of the County. 24. Alteration of Plans or of Character of Work The Project Manager reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of performance, whether a substantial change or not, including but not limited to, adding/subtracting quantities to one of the thirty (30) day cycles, two week (14) day cycles or other maintenance work found necessary or desirable by the Project Manager/Inspector. Such increases, decreases or alterations shall not constitute a breach of Contract, and shall not invalidate the Contract. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. In the instance above, the determination by the Project Manager/Inspector shall be conclusive and shall not be subject to challenge by the Contractor in any forum, except upon the contractor establishing by clear and convincing proof that the determination by the Project Manager was without any reasonable and good faith basis. 25. Authority of the Project Manager The Project Manager for this Contract is the Supervisor, Roads Maintenance Contracts and Projects. Contractor must perform all work to the satisfaction of the Project Manager. The Project Manager will decide all questions, difficulties, and disputes, of whatever nature, which may arise relative to the interpretation of the prosecution, and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done, and materials furnished, under or by reason of the Contract. The Director of Road maintenance has the final authority over all disputes. The Project Manager may appoint such designees, as he desires. These designees are authorized to inspect all work done. Such inspection may extend to all or any part of the work. Such designees are not authorized to revoke, alter, or waive any requirement of these Specifications. Rather, they are authorized to call to the attention of the Contractor any failure of the work or materials to meet the Contract Documents, and have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the Project Manager. The Project Manager will immediately notify the Contractor in writing of any such suspension of the work, stating in detail the reasons for the suspension. The presence of the designee in no way lessens the responsibility of the Contractor. #12-5886R ROW&Median Mowing 20 Packet Page-1679- 10/8/2013 16.A.17. Cofer County Acitrinistraive Services vision Purchasing Attachment 1: Vendor Submittal -Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): ITB 12-5886R Right of Way/Median Mowing & Miscellaneous Maintenance ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. [ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title Type Name of Signature Date: #12-5886R ROW&Median Mowing 21 Packet Page-1680- 10/8/2013 16.A.17. Cofer County Adnnistrative Services Division Purchasing Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashier's check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: ITB 12-5886R Right of Way/Median Mowing & Miscellaneous Maintenance 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature &Title Date #12-5886R ROW&Median Mowing 22 Packet Page-1681- 10/8/2013 16.A.17. Coffer C ounty Adrrinislrabve Services Division Purchasing Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: ITB 12-5886R Right of Way/Median Mowing & Miscellaneous Maintenance Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net_ Days Bid Response Form (Bid Schedule) is provided in separate file. Pricing can be submitted either manually or electronically. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. #12-5886R ROW&Median Mowing 23 Packet Page-1682- 10/8/2013 16.A.17. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2013 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone Number FAX Number Signature/Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address Awe #12-5886R ROW&Median Mowing 24 Packet Page-1683- 10/8/2013 16.A.17. Cr offer County Admiristrarive Services Dwision Purchasing Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit Solicitation: ITB 12-5886R Right of Way/Median Mowing &Miscellaneous Maintenance (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business" under this section. Vendor must complete the following information: Year Business Established in ['Collier County or❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or El Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #12-5886R ROW&Median Mowing 25 Packet Page-1684- 10/8/2013 16.A.17. Co er County Adnronistrative Services Division Purchasing Attachment 5: Vendor Submittal—Immigration Affidavit ITB 12-5886R Right of Way/Median Mowing &Miscellaneous Maintenance This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of ,20 ,by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #12-5886R ROW&Median Mowing 26 Packet Page -1685- 10/8/2013 16.A.17. Cofer County Administrative Services Division Purchasing Attachment 6: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. t General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor _Corporation _Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3, Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #12-5886R ROW&Median Mowing 27 Packet Page -1686- 10/8/2013 16.A.17. Co ier County Adrrinist ve Services Division Purchasing Attachment 7: Vendor Submittal -Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $2.000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 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. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate #12-5886R ROW&Median Mowing 28 Packet Page-1687- 10/8/2013 16.A.17. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number #12-5886R ROW&Median Mowing 29 Packet Page-1688- 10/8/2013 16.A.17. Exhibit A- Scope of Work All mowing shall conform to current established mowing limits as described in the Project Information. The Project Manager/Inspector may require mowing of additional areas during the contract period, at which time payment will be at the Contract unit price per acre. These specifications are intended to provide the information by which prospective bidders may understand the minimum requirements of Collier County relative to entering into a Contract to furnish deliver and provide services related to Rural Right-of Way Mowing, Urban Sidewalk and Median Mowing and Other Maintenance Activities for Collier County. All sections of the General Specifications may not be applicable to all roadway segments listed. This requires the furnishing of all labor, equipment, materials and services necessary to satisfactorily perform mowing, weed eating, edging, blowing, debris removal and other grounds maintenance, as determined by the Project Manager/Inspector or the designated Owner's Representative. LOCATION AND DESCRIPTION OF WORK AREAS The areas of work included in these specifications are located as described in this document and/or as shown on the plans attached to these specifications to include right-of-ways, sidewalks, medians, curbing, guardrails, ditches, canals, retention areas, county owned or maintained property as described in this contract as follows: Mowing and Other Maintenance Annual Contract: a) Medians b) Entire right-of-way areas indicated to include each side of pavement and sidewalks c) Retention and Pond sites d) Ditches, swales and canals e) County owned or maintained property (May include non Right-of-Way property) . All Types of Mowing Areas: The Project Manager/Inspector and/or designee shall determine the areas to be cut and type of mowing to be accomplished in each. All hand labor required to perform the specified work around appurtenances shall be included/integrated to all the type of mowing being performed. Appurtenances shall include, but not be limited to, sign posts and bases, delineator posts, fences, guardrail, barrier walls, end walls, pipes, mitered ends, drainage structures, poles, guy wires, mail boxes, landscaped areas, and trees. The Contractor's maintenance responsibilities include but are not limited to, weekly, Bi- weekly, Quarterly, Monthly, and Bi-monthly or on an as needed basis, of mowing, weeding, trash pickup, debris removal, blowing and edging. The Contractor shall be financially responsible for any damage caused by the contractor's equipment or crews and shall make authorized repairs in accordance to FDOT or Applicable Specifications or Standards that are in effect at the time damage is repaired. The estimated cost of repairs may be held from a completed cycle payment till said repairs are completed and accepted. It is in the Contractor's best interest to assess the Mowing Areas prior to commencing work to document by photograph or video with a date and time stamp of any existing damage to appurtenances, fencing or property as well as any unusual circumstances that exist and submit this documentation to the Project Manager/Inspector and/or designee prior to beginning a cycle. Large Machine Mowing: Large machine mowing encompasses the Right-of-Way and routinely mowed areas of shoulders, front and back slopes, roadside ditch bottoms, large uncurbed median islands, storm- water retention areas and similar areas conducive to the use of large machine mowing equipment. All areas shall be mowed to established limits or the water's edge. The height of the grass blades for rural right-of- ways shall not exceed five (5) inches in height after mowing. Other areas of County Owned or Maintained property may also be mowed using this type of machine when directed by the Project Manager/Inspector and/or designee at the unit acre rural price. #12-5886R ROW&Median Mowing 30 Packet Page-1689- 10/8/2013 16.A.17. Where bicycle paths exist the path shall be cleaned or cleared on each cycle as necessary to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition by mechanical and/or hand removal. Areas of curbs, appurtenances or other damage caused by large machine mowing equipment (batwings, tractors, trucks, etc.) or other equipment utilized by the mowing contractor shall be the responsibility of the mowing contractor to make authorized repairs in accordance to FDOT Specifications that are in effect at the time repair occurs at no additional compensation. Intermediate & Small Machine Mowing: Intermediate and Small machine mowing shall consist of mowing areas not accessible by large machine mowing equipment or require a finished mowing appearance. These areas will be identified in the contract documents and consist of shoulders, narrow shoulders, sidewalk shoulders, landscape shoulders, roadside ditch bottoms, narrow roadside ditch bottoms, raised curb median islands, raised landscape median islands, guardrail areas, various widths of utility strips, and similar areas. All areas shall be mowed to the water's edge or established mowing limits, where not clearly identifiable the Project manager/Inspector shall determine the limits. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, pavers, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts, and 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. Weeding of sidewalks (asphalt, concrete or paver), guardrail bases, tree grates, curb joints and pavers at median tips shall be weeded by mechanical and/or hand removal and shall be performed each cycle or as necessary to provide a weed free and well maintained area. All sidewalks, curbing and/or gutters from the face of the curb and sidewalk areas to the right of way boundary, shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on/or within the roadway and right-of-way areas. A two-foot (2') wide area measured from the face of the curb and gutters including turn lanes and medians shall be cleaned or cleared on each cycle as necessary to remove any accumulation of any debris or objectionable growth to maintain a neat and safe condition. Other areas of County Owned or Maintained property may also be mowed using this type of machine when directed by the Project Manager/Inspector and/or designee and the unit acre urban price. Bicycle paths shall be cleaned or cleared on each cycle as necessary to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition by mechanical and/or hand removal. Slope Mowing: Slope mowing is generally limited to slopes greater or steeper than 3 horizontal to 1 vertical and are relatively inaccessible to the use of conventional style equipment, e.g., steep slopes, wet roadside ditch bottoms, canal banks, intersections, overpasses, etc. These type areas will require the use of specialized equipment designed for slope mowing. This type mowing will be considered to be Large Machine Mowing under units of measurement for pay items. Hand/Bridge Mowing: Bridge mowing shall consist of mowing areas not accessible by large and intermediate machine mowing equipment. These areas consist of narrow shoulders, narrow roadside ditch bottoms, guardrail areas, narrow width utility strips, and similar areas. All Bridge mowing extends 10 feet beyond the guardrail and ends at rip rap area and/or water's edge. All area shall be mowed to the water's edge. This type mowing will be considered to be intermediate & Small Machine mowing under units of measurement for pay items. #12-5886R ROW&Median Mowing 31 Packet Page-1690- 10/8/2013 16.A.17. Specification on Large Machine: Cutting widths from 84 inches and above. Specification on Intermediate Machine: Cutting widths 24 to less than 84 inches. Specification on Small Machine: Cutting widths 12 to less than 24 inches. Quantity and Frequency of Mowing: The area and limits of mowing are established and are distinguishable in the field. Areas have been inventoried and calculated as to quantity (Acres+/-). It shall be the responsibility of the Contractor to verify the type of mowing to be accomplished under this Contract. Any discrepancies or disagreements concerning quantities (Acres+/-) shall be mutually resolved prior to beginning work in any area in question. The Project Manager/Inspector and/or designee will determine when to begin each mowing cycle. A cycle is defined as one (1) complete mowing of the specified type areas included in this Bid Package. The total number and the timing of cycles will depend on the growth conditions of the grass during the season and/or budgetary limitations. For the purpose of this Contract, the areas specified as Large Machine Mowing shall be mowed approximately twelve (12) times per year. The Contractor will be compensated at the unit price per acre times the actual number of acres completed. Areas specified as Intermediate and Small Machine Mowing shall be mowed approximately twenty four (24) times per year. The Contractor will be compensated at the unit price per acre times the actual number of acres completed. The Contractor shall complete one (1) cutting cycle for Large Machine Mowing areas within thirty (30) calendar days of beginning the cycle, weather permitting, as determined by the Project Manager/Inspector and/or designee. The Contractor shall complete one (1) cutting cycle for Intermediate and Small Machine Mowing areas within fourteen (14) calendar days of beginning the cycle, weather permitting, as determined by the Project Manager/Inspector and/or designee. n° When weather is expected to delay the completion of a cutting cycle in the time frames listed above the Contractor must email the Project Manager/Inspector at the beginning of the period weather will cause delays. All other delays in the completion of a cutting cycle must be pre-approved in writing or by email by the Project Manager/Inspector or designee prior to the delay commencing. Site Specific or Selected Mowing Location: The Project Manager/Inspector and/or designee may require mowing of a specific and/or selected areas that fall out of the normal routine mowing cycle. If the areas assigned are less than 1 acre, a onetime fee can be applied to the invoice of $100.00 plus the approved contracted cost of the acres assigned. This fee is it to compensate the contractor for the mowing of small areas assigned outside of the normal routine mowing cycle. Deduction for Non-Performance: Failure to complete a Large Machine Mowing cycle within thirty (30) calendar days shall result in the assessment of liquidated damages in the amount of four hundred fifty dollars ($450.00) per day for each day of noncompliance. Failure to complete an Intermediate and Small Machine Mowing cycle within 2 week (14) calendar days shall result in the assessment of liquidated damages in the amount of four hundred fifty dollars ($450.00) per day for each day of noncompliance. The Contractor will contact the Project Manager/Inspector and/or designee, in the event of any unusual circumstances. Such circumstances include, but are not limited to, questions of assignment responsibility and concerns of appurtenance damages. If the Contractor can document unusual circumstances beyond his/her control, the Project Manager/Inspector and/or designee, may waive the assessment of Penalties. #12-5886R ROW&Median Mowing 32 Packet Page-1691- 10/8/2013 16.A.17. Roadside Litter Removal: Litter Removal is included in the unit price per acre mowed. The work specified in this section consists of the pickup, removal, disposal of litter, and otherwise undesirable or objectionable appearing debris within the maintained limits of the highway right-of-way. Mowing will only be allowed AFTER all litter and debris has been removed/picked-up from the right-of-ways and/or medians. Litter or debris may consists of varied sizes of bottles, cans, paper, tires, tire pieces, lumber, vehicle parts, metal junk, brush, accumulated sand or dirt along curbs or pathways, etc. and other items to be removed under this work. (A separate "Litter Removal Only" Item is requested for periods of the year when the grass is dormant or between cycles as requested by the Project Manager/Inspector and/or designee and mowing will not be part of the work.) Equipment utilized to transport litter shall be constructed in a manner to preclude further distribution or loss of litter along the roadway. All open top carriers shall be covered and secured with tarpaulins. The Contractor may submit a written request for approval to the Project Manager/Inspector for the use of specialized equipment designed for mechanized removal of litter and debris. The Project Manager/Inspector may require the Contractor to establish, at the Contractor's expense, satisfactory results that the specialized equipment will produce quality litter removal. The Project manager/Inspector may require additional safety devices or precautions unique to the equipment. Equipment that damages curbs, pavement, or turf shall not be allowed. Disposal of Litter and Debris: All litter and debris that has been accumulated and picked up shall be placed in trash bags and shall be removed from the right-of-way at the end of each working day. Disposal of litter and debris shall be the responsibility of the Contractor. Disposal of all litter and debris pickup shall be disposed of properly at a landfill location. Storage or stockpiling of litter or debris on the right-of-way shall not be permitted. With each invoice, the Contractor shall provide the landfill receipts where the Contractor disposed of all litter or debris. Equipment: All mowing equipment shall be equipped with a slow moving vehicle sign located on the rear of the tractor. Amber flashing light or white strobe light shall be mounted on the tractor and operating at all times. A minimum of two (2) strobe lights shall be required in addition to an 18-inch x 18-inch fluorescent orange warning flag that shall be mounted on each side of the rear of the mower. Protective devices shall be on the mower at all times to prevent objects from being thrown into traffic. All required safety devices shall be in place and operational at all times. All mowing equipment shall be provided with safety appurtenances as marked in the Florida Department of Transportation Manual, "Guide for Roadside Vegetation Management" and/or "A Guide to Roadside Mowing", 1990 and/or most current edition. The Project manager/Inspector and/or designee shall inspect, photograph and approve all equipment before it is placed in service. No equipment shall be utilized for the purposes of this contract until such inspection. If the Project Manager/Inspector determines that any equipment is deficient in safety devices, the Contractor shall remove the equipment from service immediately and the equipment shall remain out of service until the deficiency is corrected to the satisfaction of the Project Manager/Inspector and/or designee. Inspection of the Contractor's equipment by the Project Manager/Inspector and/or designee shall not relieve the Contractor of responsibility or liability for injury to persons or damage to property caused by the operation of the Contractor's equipment, nor will it relieve the Contractor of the responsibility to meet the established time for the completion of the mowing cycle. Inspection of the equipment can occur at any time by the Project Manager/Inspector or their designee to ensure the equipment is in good running and operation condition. If equipment is determined to be deficient for any reason, it shall be removed from service immediately and the equipment shall remain out of service until the deficiency is corrected to the satisfaction of the Project Manager/Inspector and/or designee. #12-5886R ROW&Median Mowing 33 Packet Page-1692- 10/8/2013 16.A.17. The Contractor shall use or alternate mowing practices, patterns or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Equipment that damages curbs, pavement or turf in any way shall not be allowed. Any damages caused by contractor shall be repaired or replaced at the contractor's expense. Mowing equipment used by the Contractor shall be maintained to produce a clean, sharp cut and uniform distribution of the cuttings at all times. The Large machine mowing equipment used shall have the capability of cutting a height from four (4") to twelve (12") inches minimum. Intermediate and small machine mowing equipment used shall have the capability of a cutting height no less than three and one half inches (3 1/2"). The Contractor shall furnish equipment of a type and quantity to perform the work satisfactorily within the time specified herein. If, in the opinion of the Project Manager/Inspector and/or designee, the Contractor has insufficient or improper equipment to satisfactorily complete the work within the required time, the Contractor shall provide additional and/or proper equipment as directed by the Project Manager/Inspector and/or designee. Method of Operations The Contractor shall not begin any cutting cycle until contacting the Project Manager/Inspector and is in receipt of a written "Notice to Proceed" from the Project Manager/Inspector pertaining to that cycle. The contractor shall notify the Project Manager/Inspector, or his designee daily (morning) with a projected work schedule. The Contractor shall immediately notify the Project Manager/Inspector by phone call when a cycle is interrupted for any reason. The Contractor will then follow up with a written notification of such interruption. The Contractor will then follow up with a written notification of such interruption. On the initial cutting cycle, mowing shall commence at either or both extremities of the project and proceed continuously toward the opposite end. Subsequent cycles shall follow the pattern adopted for the first cycle, unless the Project Manager/Inspector authorizes a change to the pattern. At the conclusion of each working day, all required mowing should be completed within the longitudinal limits worked. No more than one (1) mile may be left partially mowed. Each cutting cycle is to be completed in its entirety prior to beginning another cycle. When work by County Forces, other contractors, or weather conditions of a temporary nature, prevent the Contractor from cutting any area, and such conditions are eliminated during the period designated for that mowing cycle, the Project Manager/Inspector or representative may require the Contractor to cut these areas as part of the cycle without penalty for exceeding the time allowed. Mowing of shoulders and medians shall progress concurrently within the limits of the area being mowed so that not more than one (1) mile will be left partially mowed at the conclusion of the working day. The cutting of grass and vegetation on slopes or around appurtenances using hand tools shall also progress concurrently with the mowing operation. Each cutting cycle is to be completed in its entirety prior to beginning another cycle. If, in the Project Manager/Inspector's opinion, grassed areas that are normally mowed are saturated with water to the point that equipment should not be used and the use of a slope mower is not recommended, those areas shall not be mowed. At the Project Manager/Inspector's discretion, the areas shall be mowed during a subsequent cycle, or cut to the surface of the water using hand labor or other specialized equipment. No deduction will be made from the pay quantities for any one area unless it exceeds one (1) acre of the mowing area between cross streets on one side of the right-of-way, or includes the entire area to be mowed between cross streets on one side of the right-of-way or an entire median. Quantities shall be agreed upon prior to beginning work in any area in question. If an area remains saturated to the point it will #12-5886R ROW&Median Mowing 34 Packet Page-1693- 10/8/2013 16.A.17. not be mowed for more than one (1) cycle, that area will be deducted from pay quantities, no matter the size in acres, until it is able to be mowed on subsequent cycles at the discretion of the Project Manager/Inspector. When ditch bottoms or low lying areas are able to be mowed without damaging turf or leaving ruts those areas will be added back to the cycle at the discretion of the Project Manager/Inspector. The fact that grass has grown to a level that makes it appear to be outside the established mowing limits is irrelevant in this instance and shall be mowed when directed. The Contractor's employees or subcontractor's employees' safety equipment shall be required to be in accordance with current Florida DOT design standards, index 600 when working with-in County Right-of- Ways. Limitation of Operation When mowing within four (4) feet of the travel-way (travel lane), the equipment shall be operated in the same direction of the traffic, unless the adjacent lane is closed to traffic. All lane closures shall have the prior approval of the Project Manager/Inspector. Mowers may operate in either direction when mowing four (4) feet or more from the travel-way. Any equipment left on the right-of-way overnight shall be parked outside the clear zone, except in median areas where no equipment will be permitted to be parked overnight. All service and supply operations shall be conducted between the travel-way and the right-of-way line and be outside the clear zone. No supply vehicles shall enter the median for any purpose. No service vehicle shall enter the median except when necessary to repair or remove inoperable equipment. All work shall be performed during daylight hours. The foregoing requirements are to be considered as minimum and the Contractor's compliance shall in no way relieve the Contractor of final responsibility for providing adequate traffic control devices for the protection of the public and employees throughout the work areas. Traffic Control/Lane Closures The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (MOT) Policy, copies of which are available through the Risk Management or Purchasing Department. The Contractor shall obtain and review and obtain the County MOT policy requirements prior to submitting a bid. Upon approval of a MOT Plan and proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic. All Maintenance of Traffic (MOT) costs shall be included in the line item prices. • The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. • To assist in employee visibility; approved bright day-glow red/orange colored safety vests (Class 3) shall be worn by employees when servicing the area or current Florida DOT design standards, index 600. • A directional lighted and flashing arrow board will be required under this Contract that meets the traffic control requirements. Lane Closure Lane closure for median maintenance shall be limited. Upon proper placement of lane closed signs, pre- warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project manager/Inspector. There will be no lane closures #12-5886R ROW&Median Mowing 35 Packet Page-1694- 10/8/2013 16.A.17. permitted during season (between Thanksgiving and Easter). The lane closure shall be indicated on the Weekly Maintenance Work Schedule, which is provided to the Project Manager/Inspector. The Contractor shall contact County Public Information Specialist the Wednesday before lane closures are planned for Collier County's public road alert notification. A Road Alert form must be submitted, (form provided by County). Random/Emergency Services: The work site areas shall be kept clean and neatly maintained during the progression of the work. Any debris on the roadway shall be removed by mechanical or non-mechanical methods daily or as directed by the Project Manager/Inspector. The disposal of all debris and project litter must be at a proper landfill or disposal site. Upon completion, leftover materials are to be collected, hauled away, and disposed of by the Contractor leaving the work site in a restored order. Payment shall be for full compensation for services furnishing: Supervisor/ Forman Hours, Equipment Operator Hours, Labor Hours, MOT and Material Mark up, per Bid Tabulation. Prequalification: (Submit the following items with bid package): • Provide a copy of Landscape Contractor's License in Collier County • Provide proof of Maintenance of Traffic Certification at time to bid submittal. Intermediate Work Zone Safety Certification is required at time of bid. • Provide a list of owned and/or leased equipment to include, but not limited to; date of manufacture, conditions, whether owned or leased and if leased, date of lease expiration • Provide documentation of minimum five (5) years prior experience in the landscape grounds maintenance within the South Florida roadways (to be defined as the following Counties: Collier, Lee, Broward, Miami-Dade and West Palm Beach) or like projects. Such documentation shall include but not limited to: Project description and work specifications, time of performance, names and telephone numbers of individual references familiar with Bidder's project performance and area included in scope of work, dollar amount of contract or project. Other Contractor Requirements: • The Contractor shall have a singular point of contact with radio, cellular phone (Nextel/Blackberry) and e-mail for on-site and off-site communication in order to communicate with the Project Manager/Inspector and /or his designee. • During the Contract Period, the Project Manager/Inspector may have questions concerning maintenance issues. The Contractor shall be required to attend monthly meetings and other special meetings that the Project Manager/Inspector may require. There shall be no additional charge for attendance at these meetings. If the Contractor fails to attend the monthly meetings without an excused absence an amount equal to two (2) hours of the supervision labor rate as listed on the Bid Page shall be deducted from the monthly billing of the Contractor against the Contract total. • On a twenty-four (24) hours basis, the Contractor may be required to travel to the site immediately to meet with the Project Manager/Inspector, law enforcement or emergency personnel to resolve an emergency (e.g. Mowing equipment vandalized and left in travel lanes or other like instances). The Contractor shall respond to a telephone, beeper and must have Nextel/Sprint direct connect. The call backs shall be made within one (1) hour. There shall be no additional charge for these responses. Post-storm response time shall be as soon as it is safe to go out to the job site. If given direction to do post storm clean-up, the response must be within the timeframe as set by Project Manager/Inspector on pre-storm communication. Any exceptions will be through the approval of the Project manager/Inspector. • The contractor shall not engage in conversation with County staff that reflects a lack of understanding or consideration for the customers' needs. The contractor shall refrain from providing excuses for work not performed. Any problematic incidences and/or complaints (and resolutions to such matters) are to be written in a report to the County Project Manager/Inspector. This report is to be delivered to the County Project Manager/Inspector before 5:00 pm the next working day after the incident or complaint. • A current material, supplies and equipment list shall be provided. This shall be updated quarterly. #12-5886R ROW&Median Mowing 36 Packet Page-1695- 10/8/2013 16.A.17. • A Material Safety Data Sheet (MSDS), in compliance with the standards set forth in the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (H.C.S.), 29 CFR 1910.1200, shall be provided. • Due to the nature of activities conducted by some of the Collier County Departments, the County may require background checks be performed prior to hiring of employees. All employees working in secured areas must be fingerprinted and issued a County badge prior to work. Fingerprinting shall be charged to the Contractor by the Facilities Management Department at the current State- mandated rate. Estimated County-Wide Acres by Type* *Acres are only estimated; areas may be added or removed. Description Acres(+/-) Rural Litter Removal & Mowing Areas County Rural (30 Day Cycle) 2267 Aquatics Rural (30 Day Cycle) 81 Bi-Monthly Rural (60 Day Cycle) 11 TOTAL RURAL AREAS 2359 Urban Litter Removal & Mowing Areas Sidewalk/Median& Bridges 206 (2 Week Cycle) Aquatics (2 Week Cycle) 26 TOTAL URBAN AREAS 232 #12-5886R ROW&Median Mowing 37 Packet Page-1696- 10/8/2013 16.A.17. DESCRIPTION UNIT *QTY UNIT PRICE TOTAL mow. Large Machine Mowing Acre 2359 $ $ Total Bid For Rural Mowing (All Mowing Cycles include Litter Removal and MOT) Intermediate & Small Machine Mowing (Two Week Urban Cycle) Acre 232 $ $ Total Bid For Urban Mowing (All Mowing Cycles include Litter Removal and MOT) Litter Removal Only (As needed Basis) Acre 10 $ $ Additional Fees/Emergency Services Supervisor/Foreman Hour 1 $ $ Equipment Operator Hour 1 $ $ Labor Hour 1 $ $ Material Mark up (not to exceed 25%) in unit price include your percentage (e.g., a 15% markup would be .15 x $1,000 = $150) U�0 1000 $ $ Total Bid $ *Estimated Quantities for Bidding Purposes Only All Line Items (1-7) must be bid to be considered for award. Award will be based on total bid for Rural Mowing and total bid for Urban Mowing, more than one Contractor may be awarded bid based on price and prequalification experience in the best interest of the County. It is also the County's Intent to Award to A Primary and Secondary Contractor. #12-5886R ROW&Median Mowing 38 Packet Page -1697- 10/8/2013 16.A.17. CoEI er County Email: BrendaBrilhart@colliergov.net Telephone: (239)252-8446 Admi nistaative Services Division FAX: (239) 252-6697 Purchasing ADDENDUM #2 Memorandum Date: August 23, 2013 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum #2— ITB 12-5886R Right of Way/Median Mowing & Miscellaneous Maintenance The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: • Sign In Sheet Pre Bid Meeting If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: JR Gorentz, Project Manager Enc: 1 Packet Page -1698- 10/8/2013 16.A.17. n m a a - n v in °S � 0 0 0 000 00 00 .o $ 0 0 0 0 0 0 0 0 0 0 Z 3 J M N O M M N 0 V P9 H p 0 ^ N Y Y Y Y Y Y ,14,.,, m N I- -,t O '. to O W• eo to 69 49 69 69 -. 49 N M N a H LL Ill 0 0 0 0 0 0 N a N fD .- C9 P07 N 0 a I— z m49 a w 69 69 69 w 0 V o 0 0 0 0 a o V O N 0 0 0 0 O N O N o o N ) U) 0 0 ID in e- F V ID u) V N u V DI C) N r- pl Q Y Y Y Y Y Y Q 0 V A CD V m a It 49 49 69 19 IA 69 69 N N M o 0. 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F cc rn z O 69 69 69 69 49 = u iii N N 0 '- -- '- C m r H ) N N > > 0 9 O a < a I I I °� E" ' o H 6 a N C C C NO 7 F n F 1 x O O 2 f o a 7 a 3 CO .., D 7 > > Q J Ec°1 E - u a O 2 0 ix O 0] � m m N N m y E O v a o Fe OJ. C tr:J m v v s E . h US C o m C v c E 0 a n m c C mg0 v 2 o y D m C ~ m O 'y A y T W A C d o . p �v 5 « O u m y N 411 3 C :D M O d v « c c v a c = C O ` ti x m'o u _ o` a w 'c . w E m -E a 0 O LL 0 0 A O c " C = 0 m o E m 3 w w, 73 m 0 cl m 2 m o n ix o E d o uOo o m m oa-• o -2E7,m , ao a0 , - 2 T. a 5 a - '5 o i 6 'n o 10 E v as _stD-a=U 2a n :Fcc2.5g °.i9 1.° � a ° E et-') m Packet Page-1699- 10/8/2013 16.A.17. AGREEMENT12-5886R for Right of Wav/Median Mowing Maintenance 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 Chuchi Bush Hog, Inc. as the Primary awarded vendor for Rural Mowing and the Tertiary awarded vendor for Urban Mowing, authorized to do business in the State of Florida, whose business address is 4785 4th Avenue NE, Naples Florida 34120 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period starting from the date of Board of County Commissioners award. This contract shall have three (3) 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. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments based on CPI Index and are dependent upon budget availability and program manager approval. 2. STATEMENT OF WORK: The Contractor shall provide mowing services for the Collier County Road Maintenance Department in accordance with the terms and conditions of Bid #12-5886R and the Contractor's proposal referred to herein and made an integral part of this agreement. Additional mowing projects or additional services outside of the routine maintenance may be required. These new landscape maintenance projects may be quoted as a portion of this contract, or, a separate solicitation may be issued. The award of this contract was made on a Primary/Secondary/Tertiary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary Contractor may be utilized, and then Tertiary. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. o.,ne 'I Packet Page-1700- Cq 10/8/2013 16.A.17. 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: Chuchi Bush Hog, Inc 4785 4th Avenue NE Naples, Florida 34120 ATTN: Leticia Perez, President Phone: (239) 353-0115 Fax: (239) 353-3635 Chuchi1717 @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 ATTN: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8407 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. 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 Packet Page-1701- CA 10/8/2013 16.A.17. 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 $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. 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, the Owner 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 Packet Page -1702- CA 10/8/2013 16.A.17. until it is determined by final judgment that an action against the Owner 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, outstanding punchlist items, 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) third party claims failed or reasonable evidence indicating probable fling of such claims; (c)failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or(g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 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 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 written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Policy. 16. 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, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. 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. Packet Page-1703- CA 10/8/2013 16.A.17. 19. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 20. 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. 21. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items/services described in the Scope of Services. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this contract. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, 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 written Order shall be issued to document the consequences of the changes or variations. Packet Page -1704- CA 10/8/2013 16.A.17. 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Department. 25. 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 No. 12-5886R solicitation, Exhibit A — Bid Schedule and any addenda, etc, made or issued pursuant to this Agreement. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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 Packet Page-1705- CA 10/8/2013 16.A.17. required to maintain records on each employee and make them available to the County for at least four (4) years 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and/or the Contractor's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the ITB and the Contractor's Proposal, the language in the ITB would take precedence. 36. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. ***********************************Remainder of page intentionally left blank*************************************** Packet Page 4706- CA 10/8/2013 16.A.17. 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. AO,,.q BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Georgia A. Hiller, Esq., Chairwoman Dated: (Seal) Chuchi Bush Hog, Inc. Contractor By: First Witness Signature Type/Print Witness Name Typed Signature 3 Second Witness Title Type/Print Witness Name Approved as to form and Legality: Assistant County Attorney Packet Page-1707- CA 4 10/8/2013 16.A.17. EXHIBIT A— BID SCHEDULE RURAL & URBAN MOWING DESCRIPTION UNIT "QTY UNIT PRICE RURAL - Large Machine Mowing Acre 1 $ 15.00 Total Bid For Rural Mowing (All Mowing Cycles include Litter Removal and MOT) URBAN - Intermediate & Small Machine Mowing (Two Week Urban Cycle) Acre 1 $ 50.00 Total Bid For Urban Mowing (All Mowing Cycles include Litter Removal and MOT) Litter Removal Only (As needed Basis) Acre 1 $ 6.00 Additional Fees/Emergency Services Supervisor/Foreman Hour 1 $ 45.00 Equipment Operator Hour 1 $ 40.00 Labor Hour 1 $ 32.00 Material Mark up (not to exceed 25%) in unit price include your percentage (e.g., a 15% markup would be .15 x $1,000 = $150) 1000 $ 0.15 Don" Packet Page -1708- CA 10/8/2013 16.A.17. AGREEMENT12-5886R for Right of Way/Median Mowing Maintenance 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 Caribbean Lawn & Garden as the Secondary awarded vendor for Rural Mowing, authorized to do business in the State of Florida, whose business address is 3307 DeSoto Blvd. South, Naples, Florida 34117 (hereinafter referred to as the"Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period starting from the date of Board of County Commissioners award. This contract shall have three (3) 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. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments based on CPI Index and are dependent upon budget availability and program manager approval. 2. STATEMENT OF WORK: The Contractor shall provide mowing services for the Collier County Road Maintenance Department in accordance with the terms and conditions of Bid #12-5886R and the Contractor's proposal referred to herein and made an integral part of this agreement. Additional mowing projects or additional services outside of the routine maintenance may be required. These new landscape maintenance projects may be quoted as a portion of this contract, or, a separate solicitation may be issued. The award of this contract was made on a Primary/Secondary/Tertiary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary Contractor may be utilized, and then Tertiary. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Packet Page-1709- A� 10/8/2013 16.A.17. 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: Caribbean Lawn & Garden 3307 DeSoto Blvd. So. Naples, Florida 34117 ATTN: Maria Caraza, Vice President Phone: (239) 455-7278 Fax: (239)455-7645 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 ATTN: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8407 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. 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 Packet Page -1710- CA 10/8/2013 16.A.17. 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 $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. 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, the Owner 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 D•nc Packet Page-1711- CA 10/8/2013 16.A.17. until it is determined by final judgment that an action against the Owner 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, outstanding punchlist items, 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) third party claims failed or reasonable evidence indicating probable fling of such claims; (c)failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or(g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 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 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 written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Policy. 16. 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, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. 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. Packet Page -1712- CA 10/8/2013 16.A.17. 19. WARRANTY. Contractor shall obtain n a d assign to Owner all express warranties given to Contractor 9 p 9 or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated p into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 20. 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. 21. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items/services described in the Scope of Services. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this contract. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, 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 written Order shall be issued to document the consequences of $.. the changes or variations. Packet Page-1713- CA 10/8/2013 16.A.17. 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Department. 25. 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 No. 12-5886R solicitation, Exhibit A — Bid Schedule and any addenda, etc, made or issued pursuant to this Agreement. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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 Packet Page 4714- CAn 10/8/2013 16.A.17. required to maintain records on each employee and make them available to the County for at least four (4) years 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and/or the Contractor's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the ITB and the Contractor's Proposal, the language in the ITB would take precedence. 36. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. ***********************************Remainder of page intentionally left blank*************************************** Packet Page -1715- CA 10/8/2013 16.A.17. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Georgia A. Hiller, Esq., Chairwoman Dated: (Seal) Caribbean Lawn &Garden Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to form and Legality: Assistant County Attorney Packet Page-1716- cA 10/8/2013 16.A.17. EXHIBIT A— BID SCHEDULE Rural Mowing DESCRIPTION UNIT *QTY UNIT PRICE Rural - Large Machine Mowing Acre 1 $ 17.00 (All Mowing Cycles include Litter Removal and MOT) Litter Removal Only (As needed Basis) Acre 1 $ 7.00 Additional Fees/Emergency Services 1 Supervisor/Foreman Hour 1 $ 65.00 Equipment Operator Hour 1 $ 55.00 Labor Hour 1 $ 50.00 Material Mark up (not to exceed 25%) in unit price include your percentage (e.g., a 15% markup would be .15 x$1,000 = $150) ok 1,000 $ 0.25 Packet Page 4717- p 10/8/2013 16.A.17. AGREEMENT 12-5886R for Right of Way/Median Mowing Maintenance 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 Superior Landscaping & Lawn Service, Inc. as the Tertiary awarded vendor for Rural Mowing, authorized to do business in the State of Florida, whose business address is 5740 Zip Drive, Fort Myers, Florida 33905 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period starting from the date of Board of County Commissioners award. This contract shall have three (3) 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. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments based on CPI Index and are dependent upon budget availability and program manager approval. 2. STATEMENT OF WORK: The Contractor shall provide mowing services for the Collier County Road Maintenance Department in accordance with the terms and conditions of Bid #12-5886R and the Contractor's proposal referred to herein and made an integral part of this agreement. Additional mowing projects or additional services outside of the routine maintenance may be required. These new landscape maintenance projects may be quoted as a portion of this contract, or, a separate solicitation may be issued. The award of this contract was made on a Primary/Secondary/Tertiary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary Contractor may be utilized, and then Tertiary. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- ,- payment under the legal doctrine of "[aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Packet Page -1718- q� 10/8/2013 16.A.17. 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: Superior Landscaping & Lawn Care, Inc. 5740 Zip Drive Fort Myers, Florida 33905 ATTN: Orlando Otero, President Phone: (305) 634-0717 Fax: (305) 634-0744 superlandscape @Bellsouth.net 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 ATTN: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8407 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. 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 Packet Page -1719- Cq 10/8/2013 16.A.17. 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 $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. 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, the Owner 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 c,n.,o _'_ Packet Page-1720- Cp. 10/8/2013 16.A.17. until it is determined by final judgment that an action against the Owner 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, outstanding punchlist items, subsequently discovered evidence or q Y 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) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or(g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 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 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 written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Policy. 16. 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, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. 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. _d_ Packet Page-1721- CA 10/8/2013 16.A.17. 19. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 20. 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. 21. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items/services described in the Scope of Services. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this contract. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, 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 written Order shall be issued to document the consequences of the changes or variations. Perna -'- Packet Page -1722- CA 10/8/2013 16.A.17. 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Department. 25. 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 No. 12-5886R solicitation, Exhibit A — Bid Schedule and any addenda, etc, made or issued pursuant to this Agreement. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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 Packet Page -1723- CA 10/8/2013 16.A.17. required to maintain records on each employee and make them available to the County for at least four(4) years 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and/or the Contractor's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the ITB and the Contractor's Proposal, the language in the ITB would take precedence. 36. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. ***********************************Remainder of page intentionally left blank*************************************** Packet Page-1724- CA 10/8/2013 16.A.17. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Georgia A. Hiller, Esq., Chairwoman Dated: (Seal) Superior Landscaping & Lawn Service, Inc. Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to form and Legality: Assistant County Attorney ■ Packet Page 4725- CA 10/8/2013 16.A.17. EXHIBIT A— BID SCHEDULE RURAL MOWING DESCRIPTION UNIT! *QTY UNIT PRICE RURAL- Large Machine Mowing Acre 1 $ 26.00 Total Bid For Rural Mowing (All Mowing Cycles include Litter Removal and MOT) Litter Removal Only (As needed Basis) Acre 1 $ 10.00 Additional Fees/Emergency Services Supervisor/Foreman Hour 1 $ 35.00 Equipment Operator Hour 1 $ 38.00 Labor Hour 1 $ 28.00 Material Mark up (not to exceed 25%) in unit price include your percentage (e.g., a 15% markup would be .15 x $1,000 = $150) o yo 1,000 $ 0.20 Packet Page-1726- CA 10/8/2013 16.A.17. AGREEMENT12-5886R for Right of Wav/Median Mowing Maintenance 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 A & M Property Maintenance as the Primary awarded contractor for Urban Mowing, authorized to do business in the State of Florida, whose business address is 3240 Everglades Blvd. North, Naples, Florida 34120 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period starting from the date of Board of County Commissioners award. This contract shall have three (3) 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. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments based on CPI Index and are dependent upon budget availability and program manager approval. 2. STATEMENT OF WORK: The Contractor shall provide mowing services for the Collier County Road Maintenance Department in accordance with the terms and conditions of Bid #12-5886R and the Contractor's proposal referred to herein and made an integral part of this agreement. Additional mowing projects or additional services outside of the routine maintenance may be required. These new landscape maintenance projects may be quoted as a portion of this contract, or, a separate solicitation may be issued. The award of this contract was made on a Primary/Secondary/Tertiary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary Contractor may be utilized, and then Tertiary. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Packet Page-1727- CA 10/8/2013 16.A.17. 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: A & M Property Maintenance, LLC 3240 Everglades Blvd. North Naples, Florida 34120 ATTN: Sylvia B. Yzaguirre, Owner Phone: (239) 503-0303 aandmtotal©yahoo.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 ATTN: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8407 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. 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. Packet Page 4728- CA 10/8/2013 16.A.17. 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 $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. 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, the Owner 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 Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Packet Page-1729- 10/8/2013 16.A.17. invoice, or portions thereof, because of 12. PAYMENTS WITHHELD. Owner may decline to approve any nvo ce, p , defective or incomplete work, outstanding punchlist items, 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) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or(g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 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 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 written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Policy. 16. 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, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. 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. 19. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the o• ., ■ _A Packet Page -1730- CA 10/8/2013 16.A.17. Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 20. 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. 21. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items/services described in the Scope of Services. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this contract. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, 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 written Order shall be issued to document the consequences of the changes or variations. Packet Page-1731- CA 10/8/2013 16.A.17. 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Department. 25. 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 No. 12-5886R solicitation, Exhibit A — Bid Schedule and any addenda, etc, made or issued pursuant to this Agreement. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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 Packet Page 4732- CA 10/8/2013 16.A.17. 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and/or the Contractor's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the ITB and the Contractor's Proposal, the language in the ITB would take precedence. 36. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. ************"***'`******************Remainder of page intentionally left blank****************''**************'"`******'` 7 Packet Page 4733- �� 10/8/2013 16.A.17. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Georgia A. Hiller, Esq., Chairwoman Dated: (Seal) A & M Property Maintenance, LLC. Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to form and Legality: Assistant County Attorney Packet Page-1734- 10/8/2013 16.A.17. EXHIBIT A— BID SCHEDULE URBAN MOWING DESCRIPTION UNIT *QTY UNIT PRICE (All Mowing Cycles include Litter Removal and MOT) URBAN - Intermediate & Small Machine Mowing (Two Week Urban Cycle) Acre 1 $ 18.32 Total Bid For Urban Mowing (All Mowing Cycles include Litter Removal and MOT) Litter Removal Only (As needed Basis) Acre 1 $ 5.00 Additional Fees/Emergency Services Supervisor/Foreman Hour 1 $ 45.00 Equipment Operator Hour 1 $ 25.00 Labor Hour 1 $ 15.00 Material Mark up (not to exceed 25%) in unit price include your percentage (e.g., a 15% markup would be .15 x $1,000 = $150) % 1000 $ 0.15 Packet Page-1735- CA 10/8/2013 16.A.17. AGREEMENT 12-5886R for Right of Way/Median Mowing Maintenance 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 Everything Green Lawn &Tree Service, LLC as the Secondary awarded contractor for Urban Mowing, authorized to do business in the State of Florida, whose business address is 1322 Orange Street South, Immokalee, Florida 34142 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period starting from the date of Board of County Commissioners award. This contract shall have three (3) 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. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments based on CPI Index and are dependent upon budget availability and program manager approval. 2. STATEMENT OF WORK: The Contractor shall provide mowing services for the Collier County Road Maintenance Department in accordance with the terms and conditions of Bid #12-5886R and the Contractor's proposal referred to herein and made an integral part of this agreement. Additional mowing projects or additional services outside of the routine maintenance may be required. These new landscape maintenance projects may be quoted as a portion of this contract, or, a separate solicitation may be issued. The award of this contract was made on a Primary/Secondary/Tertiary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary Contractor may be utilized, and then Tertiary. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- , payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Packet Page-1736- 10/8/2013 16.A.17. 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: Everything Green Lawn &Tree Service, LLC 1322 Orange Street South . Immokalee, Florida 34142 ATTN: Rogelio Cantu, Jr., President Phone: (239) 503-9133 Fax: (239) 657-6967 Martha_Cantu_@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 ATTN: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8407 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. 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 Packet Page-1737- Cq 10/8/2013 16.A.17. 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 $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability, B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. 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, the Owner 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 Packet Page 4738- CA 10/8/2013 16.A.17. until it is determined by final judgment that an action against the Owner 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, outstanding punchlist items, 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) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or(g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 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 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 written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Policy. 16. 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, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. 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. 11... A Packet Page -1739- 10/8/2013 16.A.17. 19. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 20. 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. 21. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items/services described in the Scope of Services. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this contract. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, 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 written Order shall be issued to document the consequences of the changes or variations. Packet Page-1740- �q 10/8/2013 16.A.17. 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Department. 25. 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 No. 12-5886R solicitation, Exhibit A — Bid Schedule and any addenda, etc, made or issued pursuant to this Agreement. 26. 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. 27. 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. 28. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the ,or, Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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 Packet Page-1741- 10/8/2013 16.A.17. required to maintain records on each employee and make them available to the County for at least four(4) years 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and/or the Contractor's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the ITB and the Contractor's Proposal, the language in the ITB would take precedence. 36. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. ***********************************Remainder of page intentionally left blank****************************'"r4********* Packet Page -1742- 10/8/2013 16.A.17. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Georgia A. Hiller, Esq., Chairwoman Dated: (Seal) Everything Green Lawn & Tree Service, LLC. Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to form and Legality: Assistant County Attorney Packet Page-1743- Cq 10/8/2013 16.A.17. EXHIBIT A— BID SCHEDULE URBAN MOWING DESCRIPTION UNIT *QTY UNIT PRICE, (All Mowing Cycles include Litter Removal and MOT) Intermediate & Small Machine Mowing (Two Week Urban Cycle) Acre 1 $22.00 Total Bid For Urban.Mowing (All Mowing Cycles include Litter Removal and MOT) Litter Removal Only (As needed Basis) Acre 1 $ 5.00 Additional Fees/Emergency Services Supervisor/Foreman Hour 1 $35.00 Equipment Operator Hour 1 $35.00 Labor Hour 1 $30.00 Material Mark up (not to exceed 25%) in unit price include your percentage (e.g., a 15% markup would be .15 x $1,000 = $150) 1000 $ 0.01 Packet Page 4744- cA