242616FB_Bid_Documents.pdf

INVITATION FOR BIDS (“IFB”) - PART I

IFB Part I Revised 10/11/23 Page 1 of 5

IFB #: 242616FB

IFB TITLE: NATURAL URBAN DRAINAGE SYSTEM MAINTENANCE

1.0 PURPOSE

Sarasota County (“County”), a political subdivision of the State of Florida, will receive bids on the date indicated in OpenGov Procurement (“OpenGov”), the County’s electronic procurement portal, for the purpose of selecting a contractor to provide Sarasota County stormwater natural urban drainage systems maintenance services.

Bidders are required to comply with Part II, Scope of Services/Work Specifications.

2.0 BIDDER

2.1 For the purpose of this IFB, the term “Bidder” (also identified as “Offeror”) is defined as the legal entity submitting a bid and/or identified on the electronic bid submittal.

2.2 Bidders intending to submit a bid as a joint venture with another company must provide documentation attesting to the formation of that joint venture with their bid submittal. For purposes of this solicitation, all vendors who make up the joint venture will be considered together as the Bidder.

2.2.1. Bidders proposing to engage in construction contracting as a joint venture or partnership must apply for registration with the State of Florida, Department of Business and Professional Regulation and any other state or local licensing agencies, as required by Florida State Statute 489.119, prior to the date bids are due.

3.0 QUALIFICATIONS

3.1 Required Experience

3.1.1. Bidder must provide references demonstrating their

experience providing natural urban drainage systems maintenance services including aquatic wetland mitigation and herbicide treatment within the past seven (7) years preceding the submission deadline in OpenGov. A minimum of two (2) references is required.

3.1.2. Only references submitted at the time of bid submittal in the format specified by the County will be used to verify qualifications have been met.

3.2 Responsibility

3.2.1. Bidder shall be required to meet all requirements of Part II, Section 2 prior to award and throughout the term of any

IFB Part I Revised 10/11/23 Page 2 of 5 resulting Contract. During verification of Qualifications, the County will require the apparent low responsive and responsible Bidder(s) to provide evidence demonstrating it satisfies all requirements of Part II, Section 2. Failure of the Bidder to provide evidence of required licenses/certifications, and equipment/labor requirements that demonstrate the Bidder’s ability to perform the Scope of Services to the County’s satisfaction may result in a determination by the County that the Bidder is non-responsible.

4.0 ALTERNATES

4.1 Unless otherwise specifically provided in Part II of this IFB, reference to any equipment, material, article or patented process, by trade name, brand name, make or catalog number, shall be regarded as establishing a minimum standard of quality and shall not be construed as limiting competition.

4.2 If a bidder wishes to make a substitution in the specifications, the bidder shall furnish to the County the name of the manufacturer, the model number, and other identifying data and information necessary to aid the County in evaluating the substitution. Any such substitution shall be subject to County approval. Substitutions shall be approved only if determined by the County to be equivalent to the prescribed specifications.

4.3 To be considered, substitutions must be submitted to the Procurement Contact listed in OpenGov no later than the Question Submission deadline listed in OpenGov. Substitutions must be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, and appropriate attachments. The County shall respond via addendum in OpenGov indicating whether the substitution has been approved or denied.

4.4 A bid containing a substitution that has not been approved by the County shall be disqualified

5.0 PRE-BID MEETINGS

All meetings and site visits will take place at the time, date, and location specified in the Solicitation Timeline posted in OpenGov.

6.0 SUBMITTAL INSTRUCTIONS

Refer to the Submittal Instructions section in OpenGov for instructions on how to submit a bid. Bidders are advised to review the General Terms and Conditions of Solicitations which are available in OpenGov.

7.0 SUBMITTAL DOCUMENTS

7.1 Vendor Questionnaire

All bidders must complete the required forms and information included in the Vendor Questionnaire section of OpenGov. Completed forms and

IFB Part I Revised 10/11/23 Page 3 of 5 other requested documents must be uploaded with bidder’s response in OpenGov. Bidders who fail to complete and upload required forms and documents or fail to provide responses to questions in the Vendor Questionnaire section of OpenGov may be found non-responsive.

7.2 Pricing

All bidders must complete the Pricing Table provided in OpenGov.

Bidders who fail to fully complete the pricing table in OpenGov may be found non-responsive.

8.0 AWARD

8.1 It is the intent of the County to award a contract to the responsive and responsible bidder submitting the lowest total bid price. Unless otherwise noted, bidders must submit a price for every line item to be considered for award.

8.2 In the event of a tie, the IFB tie-breaking procedures identified in the Sarasota County Procurement Manual will apply.

8.2.1. To be considered, tied bidders will be required to provide documentation certifying they have implemented a drug-free workplace program meeting the requirements stipulated in Section 287.087, Florida Statutes. Documentation must be provided within the time specified by the County at the time of request.

8.3 Preferences

Bidders wishing to be considered for Local Business Preference or American Business Preference must complete and submit a Local & American Business Certification Form with their submittal. The Local & American Business Certification Form can be found in the Vendor Questionnaire section of OpenGov.

In awarding this bid, preference shall be given to local businesses and American businesses in accordance with Section 2-215 of the Sarasota County Procurement Code.

Local and American business preferences do not apply in the award of this bid due to grant funding requirements

8.4 Contract

A draft of the contract that the successful bidder(s) will be expected to sign (a Term Contract) is posted on the Procurement website shown below. The County may, at its sole discretion, select a different contract type or make revisions to the one referenced above following the recommended award of this solicitation.

https://www.scgov.net/government/procurement/contract-templates https://www.scgov.net/government/procurement/contract-templates

IFB Part I Revised 10/11/23 Page 4 of 5

9.0 PRICING

9.1 As applicable, all trip charges, mileage, vehicle charges, travel time and labor are to be included in the hourly rate. Only time on the job site may be charged.

9.2 As applicable, estimated usage for each item is listed in the bid. This is an estimated figure only and no guarantee is made or implied as to the actual quantities that will be acquired under resulting contracts.

Quantities listed herein are subject to increase or decrease during the term of the contract. In either occurrence, the Offeror will perform the work at the unit price as bid. The County, at its discretion, may authorize an initial contract for a greater not-to-exceed amount than that submitted by the Bidder.

10.0 COUNTY WORKPLACE COMPLIANCE

10.1 Smoking – Smoking is not permitted inside any County facility. Smoking is restricted to designated smoking areas outside a facility.

10.2 Parking – The Bidder’s representatives shall abide by all parking restrictions. The Bidder’s vehicles are subject to the same restrictions, limitations, fines and tickets as posted for any other vehicle. Where time limit restrictions exceed the required time to provide services, arrangements shall be made in advance.

10.3 Alcohol/Drugs – Service personnel under the influence of alcohol and/or non-prescription drugs are not permitted to work in County facilities.

Any person known or thought to be under these influences will be escorted off County property.

10.4 Security - The Bidder must adhere to all Sarasota County security procedures. The Bidder’s work force shall be made up of persons legally authorized to perform work in the United States. The Bidder shall, at the County’s request, submit the following information for each of their employees: name, date of birth, social security number and green card (if applicable).

10.5 Identification - The Bidder shall require all employees to visibly wear identification while on County property. Said identification shall contain a color photograph of the employee, the name of the employee and the name of the company. The Bidder shall require all employees to wear a company uniform, which shall include the name of the employee and the company. Persons not conforming to this requirement may be denied access to the building. Denial of access does not alleviate the Bidder’s responsibilities herein.

11.0 CONTINGENCY

Only applicable if this box is checked

If during the performance of construction or repair work, an unforeseen circumstance occurs that triggers an additional expense, a contingency of up

IFB Part I Revised 10/11/23 Page 5 of 5 to 10% may be allowed. Any use of contingency funds is subject to the written approval of the County project manager, and any unused contingency shall not be paid out as a part of any final payment.

12.0 PERFORMANCE AND PAYMENT BOND

Only applicable if this box is checked

12.1 The awarded bidder will be required to obtain a performance and payment bond equal to $50,000.00. Any bonding company submitting a performance and payment bond to Sarasota County Government must be licensed to transact a fidelity and surety business in the State of Florida, and shall have an A.M. Best rating of: if bond is under $500,000 “B+” (very good) or better, and over $500,000 “A-” (excellent) or better, and a “T” Underwriting Limitation not exceeded by this project’s bond.

12.2 Execution of Bonds and Power of Attorney

12.2.1. If the successful Bidder is a partnership, each bond should be signed by each of the individuals who are partners; if a corporation, the bonds should be signed in the correct corporate name by a duly authorized officer, agent or attorney-in-fact. The appropriate number of bonds should be executed to correspond to the number of signatories to the contract. Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of power-of-attorney or other certification of authority where bond is executed by agent, officer or other representative of successful Bidder or surety;

(c) duly certified extract from by-laws or resolutions of Surety under which power-of-attorney or other certificate of authority of its agent, officer or representative was issued.

12.2.2. Attorneys-in-fact who sign bid bonds or performance and payment bonds must file with such bond a certified copy of their power-of-attorney to sign such bonds. Attorneys-in-fact must place name, address, and telephone number on this certificate.

(End of Part I)

PART II

SCOPE OF SERVICES

Revised 10/07/20 Prepared by Public Works Part II - Page 1 of 11

1. GENERAL

Contractor shall provide Sarasota County stormwater natural urban drainage systems maintenance services. This work shall include manual exotic and invasive vegetation removal and legal disposal, selective chemical application, cutting with treatment, and occasional replanting of native species to maintain the waterways in as-built condition.

2. CONTRACTOR RESPONSIBILITY

A. All persons who apply or supervise the application of pesticides and herbicides must be licensed by the Florida Department of Agriculture and Consumer Services (FDACS) in Commercial Pesticide Application, Category 5 - Aquatic Pest Control and Category 6 – Right-of-Way Pest Control.

B. All persons who apply, or supervise the application of pesticide/herbicide, must be knowledgeable in the removal of nuisance vegetation based on Friendly Landscaping™ Certified Professional (FFLCP) Certification as referenced in Sarasota County's Best Management Practices (BMP) for Protection of Water Resources included as Attachment A and Integrated Pest Management Guidelines (IPMG) included as Attachment B.

C. Contractor must have at least one employee that holds a Florida Department of Transportation (FDOT) Temporary Traffic Control (TTC) Intermediate Maintenance of Traffic (IMOT) or Intermediate Temporary Traffic Control (ITTC) certification at all times while performing work under this Contract. Required certification(s) must be in active status and verifiable through the FDOT TTC/MOT Administrator’s Website https://www.motadmin.com/verify_certificate/.

D. Contractor shall submit proof of required licenses or certification within three (3) business days after request from the County.

3. SITE LOCATIONS

A. Natural urban drainage systems include, but are not limited to, the sites identified and mapped out in Site Locations (Attachment C), attached hereto and incorporated herein.

B. All sites are publicly owned stormwater drainage systems on property owned or operated by the County, generally in residential and urban neighborhoods. The lines on the provided maps are for reference purposes only and may not represent the exact delineation of the project areas.

C. The County shall provide access to the sites. Gate keys will be provided when required.

4. SITE DETAILS

Each natural urban drainage system has unique features that utilize different plant species, as described below. Maintenance Services shall be provided on a quarterly schedule.

https://www.motadmin.com/verify_certificate/

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A. Buchan Ditch

i. The site is a natural urban drainage system located on the northern edge of the Buchan Airport property, 1390 Old Englewood Rd., Englewood, FL, adjacent to the Alameda Isles Mobile Home Park property. The system underwent a restoration that included removing nuisance/invasive vegetation, installing geotextile mesh for bank stabilization, and installing paspalum sod and native plants.

ii. Site Specific Requirements: The project area includes approximately 2039 LF (±0.80 AC) of the south bank and about 782 LF (±0.18 AC) of the north bank from the top-of-bank to the top-of-bank.

B. Clower Creek Mitigation M 11-1

i. The mitigation site consists of a waterway approximately 270 LF in length (±0.10 AC) located near 8214 S. Tamiami Trail at its juncture with Varno Rd., Sarasota, FL.

ii. Site-Specific Requirements: The project area includes the waterway from top-of-bank to top-of-bank.

C. South Venice Waterways

i. South Venice Waterways Phases 1 and 2 project area (4385 LF/±2.41 AC) is located along Quincy Rd. between N. Quincy Rd. and W. Seminole Dr. and along Siesta Dr. between W. Seminole Dr. and W. Baffin Rd. in Venice, FL.

ii. Site Specific Requirements:

a. The planted area includes both banks from the top-of-bank to toe-of-slope. The maintenance area also consists of the flow line.

b. Vegetation needs to be hand-pulled and no herbicide application is permitted.

D. Hudson Bayou At Sarasota High School

i. Site consists of the following restored urban drainage systems: The North Channel (C4-51.3), Hudson Bayou {C4-51.2), the Southeast Ditch (C4-55), bioswale, and a dry retention pond located at the southern end of the Sarasota High School property, 1000 S. School Ave., Sarasota, FL. Southeast ditch flows under Bahia Vista St. from the south and converges with the north channel on the Sarasota High School property to form Hudson Bayou, which flows westward under US 41 to Hudson Bayou and Sarasota Bay.

ii. Site Specific Requirements: Hudson Bayou Area 1

a. Location includes approximately 350 LF at the south end of the paved parking lot and on the northern periphery of Area 2. Ditch and an upland buffer. (±0.65 AC).

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b. The project area includes the ditch from top-of-bank to top-of-bank, a vegetated filter marsh, and upland buffers extending up to 35 feet from the top-of-banks of the ditch and filter marsh.

iii. Site Specific Requirements: Hudson Bayou Area 1 Waterway

a. Area 1 encompasses approximately 255 LF of the North Channel.

b. The project area (1.42 AC) includes the waterway from top-of-bank to top-of-bank and upland buffers extending up to 35 feet from the top-of-bank on both sides.

iv. Site Specific Requirements: Hudson Bayou Area 2 Waterway

a. Area 2 includes the lower portion of the North Channel and approximately 1018 LF of Hudson Bayou.

b. The project area (1.50 AC) includes the waterway from top-of-bank to top-of-bank and upland buffers extending up to 35 feet from the top-of-bank on the north, west, and east sides.

v. Site Specific Requirements: Hudson Bayou Area 3 Southeast Ditch, Vegetated Filter Marsh, And Upland Buffer

a. Area 3 includes approximately 310 LF of the Southeast ditch, a vegetated filter marsh, and an upland buffer. (±0.65 AC)

b. The project area includes the ditch from top-of-bank to top-of-bank, a vegetated filter marsh, and upland buffers extending up to 35 feet from the top-of-banks of the ditch and filter marsh.

vi. Site Specific Requirements: Hudson Bayou Area 3 Dry Detention Pond

a. Area 3 pond includes an existing dry detention pond.

b. The project area includes the pond footprint and a littoral shelf on the northeast side (±.36 AC).

E. Hog Creek Mitigation M 3-4 A&B

i. The mitigation site consists of two sections of Hog Creek (±1.32 AC) on both sides of N. Tamiami Trail located just north of Centennial Park, 1059 N. Tamiami Trail, Sarasota, FL.

ii. The project area includes the waterway and perimeter buffer.

5. MAINTENANCE SERVICES

Contractor shall provide scheduled maintenance services that include, but are not limited to:

A. Litter Removal

i. Litter shall be removed from all drainage systems immediately after maintenance activities. Litter is considered all non-permanent vegetative, and non-vegetative matter within the drainage systems.

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Quantities shall be estimated in US pounds and reported in the Computerized Maintenance Management System (CMMS).

a. Vegetative litter includes piles of existing vegetation, leaves or grass, individual limbs, branches, fronds, and sticks with a thickness or diameter of one (1) inch or greater; and cut vegetation resulting from Contractor's services.

b. Non-vegetative litter includes wood, glass, plastic, metal, paper products, cigarette butts, foreign materials, tires, appliances, white goods, and other undesirable materials and debris.

c. Contractor may ask the County to inspect litter amounts perceived as unreasonable. Unreasonable shall be defined as material that cannot be safely lifted by on-site personnel or transported by vehicles and equipment used during daily service and litter removal activities.

d. Litter shall be removed, quantified, and disposed of properly.

Vegetative matter shall be separated from non-vegetative debris, and the weights of each reported separately to the County's Administrative Agent or Contract Manager. Quantities shall be estimated in US pounds. The disposal of all litter shall be performed per Sarasota County Solid Waste Disposal Ordinance 2003-092. Contractor shall not use any County dumpsters to dispose of debris.

B. Mowing

Removal of vegetation may include mowing only with written approval from the County's Administrative Agent or Contract Manager. All cut vegetation shall be removed, quantified, and legally disposed of. At no time shall mowed material be discharged into or left within the flow line.

C. Pruning

Vegetation shall be pruned manually, if needed, to be consistent with available Approved Planting Plan included as Attachment D. Contractor shall keep all stormwater structures clear of overgrown vegetation. Dormant native vegetation shall be trimmed, as appropriate, with the direction of the County’s Agent. Pruning for line of sight, aesthetics, safety, clearance, and invasive controls is also required. All pruned vegetation must be removed, quantified, and disposed of properly. Quantities shall be estimated in US pounds and reported in the CMMS.

D. Invasive Vegetation Removal

i. Contractor shall identify exotic and invasive plant species and remove them without overspray or damage to any Florida-friendly or native plants on the site.

a. All non-native or invasive vegetative growth shall be removed by hand.

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b. String trimmers, cutting and removal, cutting with treatment, and selective chemical treatment may only be used with prior approval of the County’s Administrative Agent or Contract Manager.

c. A listing of potentially invasive vegetation can be found on the Institute of Food and Agricultural Sciences website http://plants.ifas.ufl.edu/.

E. Plant/Vegetation Replacement

i. Contractor shall inspect and report any required plants that are in a state of decline or severely damaged to the County's Administrative Agent or Contract Manager for evaluation of the need for replacement.

a. Contractor shall obtain written authorization from the County's Administrative Agent or Contract Manager to replace plant materials. If authorization is given, Contractor shall get three (3) written quotes for plant materials, including the number and cost of each plant species. Contractor shall utilize the lowest quote for the replacement of plant materials.

b. Contractor shall be reimbursed for the actual cost of the plant materials plus the percentage markup listed on the Fee Schedule.

c. Labor necessary for installing replacement plant materials shall be invoiced at the labor rate listed for planting and vegetation replacement on the Fee Schedule.

d. Contractor shall, upon County approval, schedule and replace the vegetation by supplying, delivering, and installing plants as directed by the County's Administrative Agent or Contract Manager and in accordance with approved planting plans.

e. All plants shall be free of disease or insect damage and have healthy, well-developed root systems.

f. Contractor shall water the vegetation as needed to establish and sustain adequate plant growth and report the date of each watering event and the number of gallons applied by email to the County's Administrative Agent or Contract Manager. The water used may be obtained from any approved canal, spring, pond, lake, stream, municipal water system, shallow well point, or alternative source subject to the approval of the County's Administrative Agent or Contract Manager. The water shall also be free of excess and harmful chemicals, acids, alkalis, or substances that may harm plant growth or produce a foul odor.

Salt or brackish water shall only be used in salt or brackish wetlands.

http://plants.ifas.ufl.edu/

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g. All plants provided and installed by Contractor shall be guaranteed of good quality and free of disease or defects at installation.

F. Herbicide and Pesticide Application and Use

i. Contractor shall inspect each site and apply herbicide and pesticide as needed.

a. Contractor shall adhere to Sarasota County's IPM Guidelines and Fertilizer Ordinance 2007-062 included as Attachment E, as amended.

b. Completed herbicide and pesticide application records shall be included and submitted with the Maintenance Event Report

(MER).

c. Contractor shall provide Material Safety Data Sheets (MSDS) to the County's Administrative Agent or Contract Manager for review with invoicing.

d. Contractor shall post signage in all areas receiving pesticide applications. The follow-up removal of signage is required after the recommended time has elapsed.

e. During chemical applications, Contractor shall always have a minimum of one (1) crew supervisor with a current Florida Department of Agriculture and Consumer Services Pesticide Applicator's License in the appropriate category on-site.

f. Proper application of herbicides and pesticides shall not damage the County assets or adjacent desirable vegetation. If herbicides or pesticides are improperly applied, Contractor shall repair the damage to County specifications or reimburse the County for any repairs it shall make.

G. Drainage Structure Inspection

Contractor shall inspect and report by email to the County's Administrative Agent or Contract Manager and include in the MER any damaged or cracked concrete structures, exposed rebar, missing or damaged grating, missing or damaged drainage structure skimmers, and any full of vegetation.

H. Erosion Inspection

Contractor shall inspect and report any erosion at earthen berms, along the top of the bank of the waterways, or around structures by email to the County's Administrative Agent or Contract Manager and include in the

CMMS.

I. Temporary Traffic Control (TTC)

i. Maintenance of Traffic is now known as Temporary Traffic Control.

For this Term Contract, TCC shall be used.

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ii. Contractor shall be required to be in general compliance with State of Florida Department of Transportation (FDOT) TCC Methods and Guidelines.

iii. County staff will observe appropriate implementation of TCC requirements. County observations of Contractor’s TCC practices will not relieve Contractor of responsibility or liability for injury to persons or damage to property caused by Contractor’s operation.

iv. Non-compliance with necessary TTC methods, guidelines and/or best practices may result in the shutdown of Contractor operations by law enforcement personnel or County staff.

6. CONTRACTOR REQUIREMENTS

A. Every Contractor crew must have at least one employee on site that can effectively communicate in English with the County staff and with the general public.

B. Contractor shall designate one employee on each crew as Principal (representative) with full responsibility for directing the entire crew.

Representative shall be knowledgeable in identifying native, non-native, and invasive plant species.

C. Contractor's representative shall receive instructions and communicate with the County's Administrative Agent or Contract Manager. Contractor's representative shall acknowledge all requests in written format and sign the Pesticide Application Record, if applicable. Contractor's representative shall be responsible for the performance standards in the Scope of Services and shall resolve any deficiencies in service.

D. Contractor shall ensure conditions on the work site reflect good housekeeping and safety practices at all times. Contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations.

Contractor shall be responsible for all trash and debris disposal from the work site.

E. Contractor's work crew shall wear company uniforms with the company name and logo and OSHA-required reflective apparel in all work zone hazard areas. The company name and logo shall be displayed on all equipment and vehicles on-site.

F. Contractor shall keep all work crews informed and comply with all environmental issues and requirements. Some County sites may have protected species (i.e., gopher tortoise, eagles, native orchids) that may require an alternative management strategy. A County Environmental Specialist or other County designated representative will ensure that Contractor is aware of these environmental issues as necessary by email.

If Contractor notices any new gopher tortoise burrows or eagle nests that may impact regular work, they shall notify the County’s agent. Contractor

Revised 10/07/20 Prepared by Public Works Part II - Page 8 of 11 shall report any sighting of an Eastern Indigo Snake to the County’s Administrative Agent immediately including a photo if possible

G. Contractor shall keep records on products used and vegetation removed in the CMMS, to be submitted to the County along with the quarterly invoice before approval.

H. Contractor shall coordinate work so that there is minimal to no interruption to daily work at any location. Contractor is responsible for any damage to County or third-party property, including but not limited to vehicles passing by and within parking areas, signage, irrigation systems, and fences, caused by Contractor or their employees. Contractor shall report to the County's Administrative Agent or Contract Manager any damage to the County, private, or personal property due to negligence by Contractor or its employees. Documentation of existing conditions is required in digital format. All damage will be restored, at a minimum, to the pre-existing condition as approved by the County's Administrative Agent or Contract Manager.

I. Contractor shall dispose of all litter and vegetation per Sarasota County Solid Waste Disposal Ordinance 2003-092, Chapter 106, Article II.

https://library.municode.com/fl/sarasota_county/codes/code_of_ordinanc es?nodeId=PTIICOOR_CH106SOWA_ARTIICODIRE

J. Contractor shall comply with the terms of the Sarasota County Fertilizer Ordinance 2007-062, as amended. Sec. 54-1031 - Management of Grass Clippings and Vegetative Material states that "In no case shall grass clippings, vegetative material and/or vegetative debris either intentionally or accidentally, be washed, swept, or blown off into storm water drains, ditches, conveyances, water bodies or roadways."

K. Contractor shall clean up all trimmed and loose vegetative material, non-organic material, or debris immediately following any daily work function.

No litter, clippings, material, or debris resulting from Contractor's work shall be left in the right-of-way, in, or around the waterways overnight.

L. Contractor shall collect, quantify, and legally dispose of all clippings, debris, and trash off-site.

M. Contractor is required to participate in performance and project report meetings as deemed necessary by the County.

7. INSPECTION

A. Sites will be inspected by the County post-treatment for Contractor compliance. If deficiencies are noted, Contractor will be notified via email of the specific deficiencies, which Contractor must rectify before the County approves payment for that service.

B. For any maintenance cycle in which Contractor accrues unrectified deficiencies on more than ten percent (10%) of the total number of https://library.municode.com/fl/sarasota_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SOWA_ARTIICODIRE https://library.municode.com/fl/sarasota_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SOWA_ARTIICODIRE

Revised 10/07/20 Prepared by Public Works Part II - Page 9 of 11 individual sites, five percent (5%) of the single site price amount will be deducted from the invoice period.

8. WORK SCHEDULE

A. The County requires that maintenance visits for all sites occur during the same week of the month.

B. Contractor shall provide to the County, within thirty (30) calendar days of receipt of the purchase order (PO), a written proposed work schedule for the first month of maintenance services for each site for approval before implementation.

C. Contractor shall provide a written proposed work schedule for all subsequent quarterly maintenance services to the County's Administrative Agent or Contract Manager for approval by the twentieth day of the month preceding the upcoming quarter. After approval of the schedules, any alterations shall be requested in writing and approved by the County's Administrative Agent or Contract Manager before implementation.

D. Contractor shall have a contingency plan to compensate for inclement weather, equipment failures, and other delays.

9. HOURS OF WORK

Services shall be performed Monday through Friday, 7:00 a.m. - 7:00 p.m., except on county-observed holidays unless otherwise agreed upon by the county.

10. INVOICING

A. The County's Administrative Agent or Contract Manager shall approve invoices for payment only if the work is completed according to the specifications described herein. Contractor shall invoice the County for quarterly services, indicating the purchase order number, the services provided, and the individual work locations.

B. The hourly labor rate shall apply for planting and vegetation replacement as listed on the Fee Schedule.

C. Contractor’s invoices for plant/vegetation replacement shall include documentation clearly showing the total cost paid by Contractor for the plant/vegetation and show the percent markup, as listed on the Fee Schedule.

11. WARRANTY

A. All work and materials provided by Contractor shall be fully warrantied from the date of County’s acceptance of the work and materials for a period of one year, or for the standard warranty period provided by Contractor or by the materials manufacturer, whichever is greater.

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B. Contractor shall provide a warranty guaranteeing all plants a 100% survival rate for 180 days after installation.

C. Contractor shall perform replanting to meet the 100% survival rate at no cost to the County if the survival rate falls below 100% of the initial plants installed.

D. The plant survival rate warranty does not include the loss or damage of installed plants due to force majeure such as frost, flood, fire, drought, shoreline erosion, or other catastrophic events, nor does it include loss or damage due to theft, vandalism, fish, animal, chemical treatment (not caused by Contractor), or negligence by others.

12. PERMITS

A. Contractor shall determine if a permit is required for any work order and shall obtain all necessary permits. Contractor shall be reimbursed for the cost of the permit fee only. No percentage markup shall be paid to Contractor for permit fees.

B. Permit costs must include supporting documentation clearly showing the cost paid by Contractor for the permit.

13. SUBCONTRACTING

A. Any use of subcontractors shall be approved in writing, in advance by the County.

B. Contractor shall be reimbursed at the bid line-item price for the work of the subcontractor. In the event there is no line item for such work, Contractor will be reimbursed for the actual cost of the subcontractor’s work.

Contractor’s invoices for subcontracted services shall include a copy of the subcontractor’s invoice to Contractor.

14. COUNTY WORK MANAGEMENT SYSTEM

A. The County operates a computer-based Work Management System (WMS).

Contractor’s costs and expenses associated with the Contractor’s required use of the WMS shall not be reimbursed or paid by the County and shall be borne in full by the Contractor.

B. Contractor shall be required to utilize the WMS for receiving work orders and reporting performance.

C. Contractor’s employees designated to schedule, manage, and report work shall attend a WMS training session provided by the County to learn how to properly use the system.

i. The WMS training session is expected to last no longer than one (1) business day. The Contractor shall not be required to purchase software for utilizing the WMS but may be required to install County-provided software on their own computing equipment to access and use the system.

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D. Contractor may elect to attend a WMS training session provided by the County to learn how to properly use the County’s WMS to access work orders and report performance. This training session is expected to last no longer than four hours. The costs associated with training and utilization of the WMS shall be considered overhead and incidental to the contract. The County will not pay the Contractor for attending WMS training.

E. In utilizing the County’s WMS, Contractor shall maintain computing equipment with the following minimum specifications:

i. Hardware: Any tablet or personal computer running IOS 8 or Windows 7 or later

ii. Software: Safari or Chrome

iii. Internet: High speed internet connection & power source

(End of Part II)

PART III – INSURANCE REQUIREMENTS

Insurance Template 1 Revised 05/13/16 Page 1 of 2

CONTRACTOR’S INSURANCE

Contractor shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverage (including endorsements) and limits as described herein. These requirements, as well as the County’s review or acceptance of insurance maintained by Contractor, are not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract.

Insurance requirements itemized in this Contract and required of the Contractor shall extend to all subcontractors to cover their operations performed under this Contract.

The Contractor shall be responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subcontractors.

Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best’s Financial Strength Rating of A- Class VII or better.

Each insurance policy required by this Contract shall apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer’s liability.

The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Contract and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject.

Contractor shall furnish Certificates of Insurance to the County Administrative Agent evidencing the types and amounts of coverage, including endorsements, required by this Contract prior to commencement of work and prior to expiration of the insurance contract, when applicable. Such Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day notice of cancellation (10 days for non-payment of premium) or non-renewal of coverage. Notwithstanding these notification requirements, the Contractor will be required to provide County with 5-day prior written notice of any policy cancellation or non-renewal.

The County reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the term of this Contract. County reserves the right, but not the obligation, to review and reject any insurer providing coverage due to its poor financial condition or failure to operate legally.

A. WORKERS’ COMPENSATION: Contractor agrees to maintain Workers’ Compensation insurance in accordance with Florida Statutes, Chapter 440.

Employers Liability to be included with a minimum limit of $500,000.00 per accident/per disease/per employee. If work is to be performed over or adjacent to navigable water and involves maritime exposure, applicable LHWCA, Jones Act, or other maritime law coverage shall be included.

PART III – INSURANCE REQUIREMENTS

Insurance Template 1 Revised 05/13/16 Page 2 of 2

In the event the Contractor has “leased” employees, the Contractor or the employee leasing company must provide evidence of a Workers’ Compensation policy for all personnel on the worksite.

Contractors who are exempt from Florida’s Workers’ Compensation law must provide proof of such exemption issued by the Florida Department of Financial Services, Bureau of Workers’ Compensation.

B. COMMERCIAL GENERAL LIABILITY: Contractor agrees to maintain Commercial General Liability per ISO form CG0001 or its equivalent, including but not limited to coverage for premises and operations, personal injury, products & completed operations, liability assumed under an insured contract, and independent contractors with limits of not less than $1,000,000.00 each occurrence, $2,000,000.00 aggregate covering all work performed under this Contract. Contractor agrees to endorse Sarasota County Government as an additional insured on the Commercial General Liability coverage.

C. BUSINESS AUTOMOBILE LIABILITY: Contractor agrees to maintain Business Automobile Liability with limits not less than $1,000,000.00 combined single limit for each accident covering all Owned, Non-Owned & Hired automobiles used in the performance of this Contract. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

If the Contractor is shipping a product via common carrier, the contractor shall be responsible for any loss or damage sustained in delivery/transit.

D. POLLUTION LIABILITY (PESTICIDES/HERBICIDES): Contractor agrees to maintain Pollution Liability coverage with limits not less than $1,000,000 per claim/occurrence for bodily injury, property damage and environmental damage from sudden and gradual occurrences resulting from pollution conditions arising out of the application of pesticides and/or herbicides as part of the services performed under this contract. This requirement may be satisfied via endorsement to Contractor’s Commercial General Liability policy amending the pollution exclusion to include coverage for such exposures. If coverage is written on a claims-made basis: a. Any retroactive date shall precede the effective date of this contract; b. Contractor shall provide certificates of insurance evidencing the required coverage for a period of two years after final payment under this contract is made, or provide evidence showing Contractor has obtained a two year extended reporting period endorsement.