242622MN_Project_Documents.pdf

INVITATION FOR BIDS (“IFB”) - PART I

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

IFB #: 242622MN

IFB TITLE: ROAD RIGHT-OF-WAY LANDSCAPE BED 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 suppliers to provide Sarasota County right-of-way (ROW) landscape bed maintenance services for the North and South Zones, which include, but are not limited to:

maintenance of shrubs, hedges, ground covers, smaller ornamental trees, palms, annual and perennial plants within right-of-way landscape beds; as well as maintenance of adjacent paver/concrete border areas for weed and sod control, and along fences and wall lines.

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 governmental, industrial, and/or

commercial references demonstrating their experience providing landscape bed maintenance within the past seven

(7) years preceding the submission deadline in OpenGov. A minimum of two (2) references are 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.

3.1.3. 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. Following 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 price for each Zone. Unless otherwise noted, bidders must submit a price for every line item in a Zone to be considered for award of that Zone. The County reserves the right to make multiple awards per zone.

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

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

If during the performance of construction or repair work, an unforeseen circumstance occurs that triggers an additional expense, a contingency of up 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 Fifty Thousand Dollars ($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 Dept. Part II - Page 1 of 13

1. GENERAL

Contractor shall provide right-of-way (ROW) landscape bed maintenance services for the County, which includes, but is not limited to: maintenance of shrubs, hedges, ground covers, smaller ornamental trees, palms, annual and perennial plants within right-of-way landscape beds; as well as maintenance of adjacent paver/concrete border areas and along fences and wall lines for weed and sod control. Attachment A - Typical Maintenance Areas, illustrates and is representative of typical areas to be maintained.

2. REQUIREMENTS OF CONTRACTOR

A. Required Licenses/Certifications

i. Contractor must have at least one employee licensed by the Florida Department of Agriculture and Consumer Services (FDACS) in Category 6 – Right-of-way Pest Control. License(s) must be in active status.

ii. Contractor must have at least one employee that holds a Florida Department of Transportation (FDOT) Intermediate Maintenance of Traffic (IMOT) or Intermediate Temporary Traffic Control (ITTC) certification. License(s) must be in active status.

iii. Contractor must have at least one employee that holds a Certificate of Completion in the Sarasota County approved training program, Florida Green Industries Best Management Practices for Protection of Water Resources in Florida.

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

B. Equipment and Labor Requirements

i. Contractor must have sufficient equipment and labor to satisfactorily perform the services described in this Scope of Services.

ii. To demonstrate Contractor meets the equipment and labor requirements, Contractor shall submit the County provided documents listed below, within ten business days after request from the County.

a. Equipment Plan listing all the equipment (whether owned, leased, or sub-contracted) that Contractor will employ to perform the services described herein.

b. Staffing Plan including organizational chart outlining labor force and supervision provided by Contractor to complete the services described herein.

c. Maintenance Cycle Schedule Plan detailing the cycle schedule for each zone asset to be maintained for a specified cycle, including the following:

1. The list of assets to be maintained in a logical and repeatable

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 2 of 13 order within the cycle frequency timeframes listed herein.

Depending on the work zone, Contractor may be required to provide a 15-day cycle schedule and a 30-day cycle schedule.

2. Assign each asset a specific day of the cycle when anticipated services will be provided, per the dictated cycle timeframe.

3. Identify the specific work crews anticipated to maintain each asset as identified in the Staffing Plan.

iii. Table below is an example of estimated coverage rates, equipment, and labor for zone classifications. County may accept alternate equipment and staffing levels subject to County’s determination that the Scope of Services can be performed for the Zone.

ZONE

CLASSIFICATION

TYPICAL

COVERAGE

ACRES/DAY/CREW

TYPICAL EQUIPMENT &

LABORERS PER CREW

North or South 1-5 Lawn hand equipment, utility cart, lawn small tools equipment

C. The County may conduct a site visit to Contractor’s business location(s) to inspect available equipment. Equipment will be matched to Contractor’s Equipment Report and equipped with all required safety appurtenances (strobes, flashers, signs, etc.). Contractor shall make equipment and a list of staff available for County inspection and verification within three (3) business days’ notice.

3. MAINTENANCE ZONES AND ASSETS

A. Zones

i. North Zone - Contractor shall provide ROW maintenance services north of Blackburn Point Road and south of the north Sarasota County boundary per specifications detailed herein.

ii. South Zone - Contractor shall provide ROW maintenance services south of Blackburn Point Road and north of the south Sarasota County boundary per specifications detailed herein.

B. Assets

For the purposes of this Contract an asset is a specific location within each zone to be maintained by Contractor.

i. Individual maps of assets to be maintained are provided at:

https://ftp.scgov.net/GIS/BedMaintenance/

ii. Maps provide estimates of geographic and/or physical data relative to each location based on available County data. This data is provided

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 3 of 13 to assist Contractor in becoming familiar with the work to be performed and any inaccurate, incomplete or missing information shall not be grounds for Contractor claims for additional payment or time to perform.

C. Bioswale Perimeters

i. Bioswales themselves are not included in the scope of this Contract, however, the areas and vegetation from the top of the bioswale bank extending outward from the swale around the perimeter are included in the scope of this Contract. Hedges, for example, are in the scope of this Contract.

4. ASSETS

A. Assets within a zone will be assigned to vendor by County.

B. A current list of asset locations is available at the FTP site below. The County reserves the right to add or remove asset locations shown on the County’s asset list page and shall provide Vendor with an updated list as changes occur:

https://ftp.scgov.net/GIS/BedMaintenance/

C. Changes to assets will be processed as an amendment.

D. New or revised asset(s) shall be added to the work order and inspection database.

E. New or revised asset(s) shall be added to the PO.

F. Work shall begin upon the first cycle when the revised PO is received by Contractor and the new or revised asset appears on Contractor’s work order list.

5. TREE, SHRUB, PALM, AND ORNAMENTAL CARE

A. Pruning

i. Trees: All species will be provided minor pruning to "limb up" trunks to a height of 5' above ground level or as proportionate for smaller ornamental trees as directed by County staff. This maintenance will occur on an as-needed basis.

ii. Palms: Contractor is expected to maintain fronds reachable from the ground by hand tools. Palms are not to be pruned on automatic scheduled intervals. Only brown, loose, and low hanging fronds are to be removed. No green fronds are to be removed unless they are impacting clearance or visibility.

iii. Shrubs: All shrubs are to be pruned by hand on an as-needed continual basis to maintain design height as directed by County staff. Shrubs that resemble boxes or balls are not acceptable. Electric or gasoline powered shears shall not be used in pruning unless approved in writing by the County.

https://ftp.scgov.net/GIS/BedMaintenance/

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 4 of 13

iv. All litter and material pruned from trees, shrubs, and palms shall be removed from the job site by the end of each day and disposed of at an approved offsite disposal facility by Contractor.

B. Bed Maintenance:

i. Staking: Contractor shall be responsible for staking, maintenance of existing stakes and stake removal for those trees & palms in beds.

The County will provide materials for staking. The majority of work will be to maintain stakes installed by others.

ii. Fertilization: Contractor shall apply fertilizer twice annually on shrubs, ground covers and ornamentals, once in February and once in October. The County may request additional cycle(s) on an as-needed basis which shall be at the square footage rate specified on the Fee Schedule. All fertilization shall follow Sarasota County Code of Ordinances, including the Sarasota County Fertilizer and Landscape Management Code, Article XXXII of the Sarasota County Code of Ordinances when applying herbicides or pesticides:

https://library.municode.com/fl/sarasota_county/codes/code_of_o rdinances?nodeId=PTIICOOR_CH54ENNARE_ARTXXXIIFELAMA

iii. The minimum requirements for fertilizer shall be a "slow release fertilizer" in accordance with University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS) guidance for application rate and nutrient analysis for the intended plant species. County staff shall be notified in writing at least one week in advance of fertilizer applications. Fertilizer applied to shrubs shall be broadcast in the vicinity of the plants. Fertilizer must not be allowed to touch the trunk of shrubs, trees, palms. Shrubs and ground covers shall have the fertilizer blown or fan raked off the foliage following the broadcast applications. Nutrient deficiencies shall be treated as-needed with supplemental application of the specific lacking nutrient according to UF/IFAS recommendations.

iv. Tree and palm fertilization are excluded from this Contract and will be performed by the County.

v. Contractor shall be required to assist County staff in the monitoring and reporting of any tree or palm deficiencies and pests to County staff for evaluation and treatment.

C. Litter Removal and Disposal: Litter is defined as all non-permanent vegetative and non-vegetative matter existing within the work limits.

i. Vegetative Litter includes:

a. Piles of existing vegetation, leaves, fronds, or grass.

b. Individual limbs, branches, fronds and sticks with a thickness or diameter of one inch.

https://library.municode.com/fl/sarasota_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH54ENNARE_ARTXXXIIFELAMA https://library.municode.com/fl/sarasota_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH54ENNARE_ARTXXXIIFELAMA

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 5 of 13

ii. Non-Vegetative Litter includes:

a. White goods or appliances

b. Wood, glass, plastic, metal, and paper products

c. Tires

d. Other similar materials which may be deposited within the boundaries of the assets maintained under the Contract

iii. Contractor may request the County to inspect litter amounts that Contractor believes to be unreasonable.

a. Generally, unreasonableness will be defined as excessive quantities of large vegetative or non-vegetative litter and/or material which cannot be safely lifted by the personnel on site or transported by the vehicles and equipment normally utilized during daily service and litter removal activities.

b. The County's judgment as to an excessive amount of litter does not preclude repetitive litter disposal trips that may be necessary to complete a litter clean up.

c. The County, at its sole discretion, will make the final determination as to excessiveness and remove litter deemed unreasonable.

iv. The County must be contacted immediately if hazardous materials are encountered.

a. The County will determine how these materials are to be handled.

b. If the County's Contract Manager is not immediately available, the Sarasota County Call Center should be contacted at (941) 861-5000.

v. The disposal of all litter shall be performed per Sarasota County Code Sections 106-31 through 106-62.

D. Weed and Invasive Control

i. All areas around trees, palms, and shrubs are to be maintained by removing weed and invasive vegetation growth at each scheduled cycle.

ii. Ornamental beds filled with annual grasses and broadleaf weeds are unacceptable and a cyclical schedule of weed control by Contractor is required to reduce the use of herbicides.

iii. All ornamental beds, hedge areas, and tree basins shall be kept weed free by hand pulling as a first choice, or by mechanical means, such as a hoe. Bum-down products and Rodeo® may be used only with the prior written approval of the County.

iv. The use of string trimmers in landscape beds around plants or trees for weed control is allowed with extreme caution, as to not damage

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 6 of 13 any shrubs or tree/palm basal areas.

a. The County reserves the right to prohibit the use of string trimmers.

v. Contractor shall be responsible for replacement of any plants or irrigation damaged at no cost to the County.

vi. Any herbicides applied must be listed in the landscape herbicides section of the current Integrated Pest Management (IPM) Guidelines document, Attachment B.

a. If herbicide is applied, the killed weed shall be removed regardless of color. A soap bum-down product will be the first choice for application. Any other herbicide will require advance written approval by the County.

E. Herbicides and Pre-Emergents

i. Contractor shall comply with IPM guidelines.

ii. Contractor shall supply and use only County approved surfactants, which are added to the herbicide and pre-emergents, as recommended by the manufacturer.

iii. All chemical mixing or diluting shall be performed to manufacturer's specifications and shall be used as directed, specific to design and function.

iv. Contractor shall apply herbicide and pre-emergents within the specified bed areas to control weed and turf growth.

v. Contractor shall apply herbicides and pre-emergents at the approved product label rate.

vi. The County reserves the right to require marking dye in any herbicide applications.

F. Sucker removal on trees and shrubs: Contractor shall perform sucker removal on trees and shrubs on an ongoing basis and at the time of application of herbicide and pre-emergents using hand tools on the tree basal area (four feet up from the ground and out from the tree trunk) or by snapping suckers by hand on each tree as-needed.

Approved hand tools consist of loppers, hand pruners and hand saws only. Use of machetes, brush axes, chain saws or string trimmers is forbidden. Note that this applies only to trees in beds, and not individual trees in turf areas.

G. Paver and concrete edge weed control: Contractor shall remove weeds in cracks, joints in pavers and concrete adjacent to landscape beds during each bed maintenance cycle by the means cited above. Note this does not include paver sidewalks, such as on Fruitville Road, but does include pavers in medians surrounding mulched areas as in medians on Fruitville Road with palms in paver cut outs.

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 7 of 13

H. Edging: Mechanical edging will be performed to prevent the encroachment of vegetation into and from beds. Horizontal string trimming and chemical edging shall not be permitted.

6. FREQUENCY OF CONTRACT SERVICES

A. Twenty-four (24) maintenance cycles shall be performed per calendar year and distributed as follows:

i. Two (2) cycles per month on each asset in repeatable sequence during the first through the last day of the month.

a. Cycle 1: Performed during the first – 15th day of the month

b. Cycle 2: Performed during the 16th - last day of the month

B. Maintenance cycles on each asset should occur no more frequently than 12 to 15 days for 15-day cycles.

C. Optional - The County reserves the right to request up to 10 additional cycles during each fiscal year (October 1 to September 30). Additional cycles will be paid at per cycle price for that location as identified on the Fee Schedule.

7. CONTRACTOR RESPONSIBILTIES

A. Contractor shall submit to the County's Administrative Agent/Contract Manager a proposed schedule for services within 15 calendar days of contract execution.

B. Contractor shall supply all herbicides, pre-emergents, and fertilizers.

C. Contractor shall comply with all reporting as per County requirements Section 12 below.

D. Supervision

i. Contractor shall provide qualified supervision of each crew.

ii. Each crew supervisor shall be fluent in English and have the authorization by Contractor to accept and act upon all directives issued by the County’s Administrative Agent/Contract Manager.

iii. Each crew supervisor shall be responsible for the performance standards set forth in these specifications.

iv. Each crew supervisor shall resolve any deficiencies in service.

v. Each crew supervisor shall be available by cell phone while crews are in the field.

E. Contractor's Personnel

i. All personnel providing direct service to Sarasota County shall be legally authorized to be employed in the United States.

ii. All personnel will be similarly uniformed and identifiable as to the

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 8 of 13 organization from which they are providing service to the County.

iii. Only those individuals legally authorized, licensed, or certified through training or job description shall operate any equipment.

iv. Contractor shall comply with all applicable federal, state and local laws and regulations.

v. Contractor shall ensure conditions on the work site reflect good housekeeping and safety practices.

F. Contract Meetings

i. Contractor shall participate in performance and Contract meetings as deemed necessary by the County.

ii. Regular Contract meetings will be scheduled by the County and held at a location designated by the County's Administrative Agent/Contract Manager.

ill. At a minimum, Contractor's Representative shall attend and participate in the meeting to discuss progress with Contract work.

iv. The schedule for meetings will be determined by the County's Administrative Agent/Contract Manager.

8. OTHER REQUIRED SERVICES

A. Mulch Installation: Installation of County provided mulch may be required on an as-needed basis, this service shall be at the hourly rate specified on Fee Schedule. This work will be done by hand. Mechanized methods (such as using a Bobcat) may be allowed if approved in advance by the County. This work will be on an as-needed basis intended for small scale area touch up. Contractor shall be responsible for replacement of ornamental plants killed or damaged by improper or careless mulch installation.

B. Plant Installation: Installation of County provided plants may be required on an as-needed basis, this service shall be at the hourly rate specified on Fee Schedule. This work will be done by hand. Mechanized methods (such as using an auger) will not be allowed unless approved in advance by the County. This work will be on an as-needed basis and is intended for small scale area touch up. Contractor shall be responsible for replacement of ornamental plants and shrubbery killed or damaged by Improper or careless installation work.

C. As-needed Bed Maintenance: Bed maintenance may be required on an as-needed basis, this service shall be at the hourly rate specified on the Fee Schedule. This work will be on an as-needed basis for sites other than those listed on the Fee Schedule, as well as for sites listed on the Fee Schedule that may require work out of the scope of routine scheduled bed maintenance. An example of this would be if a truck drove through a roadway median and damaged plants, creating ruts that need to be filled, dumping debris in median, and the like.

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 9 of 13

9. CONTRACT CHANGES AND AMENDMENTS

A. Changes to the Scope of Services, including but not limited to asset additions or deletions, or limitations or cancellations of services specified, shall be mutually agreed upon by the County and Contractor and memorialized through the execution of a contract Amendment signed by both parties.

B. New or Revised Asset(s)

i. The County may require recurring landscape bed maintenance, as outlined in this scope of work, on a new County asset or require revisions to an existing asset due to site changes.

ii. The County shall provide the Contractor Attachment C, New Asset Services Quote form, when services for a new or revised asset are needed.

iii. The Contractor shall have ten days from the date of County’s request to respond by completing and returning the New Asset Services Quote form.

iv. The New Asset Quote if accepted by the County shall be effective for the new or revised services for no longer than 120 days while the County prepares an amendment to the existing contract to add or revise the asset at the price outlined in the New Asset Services Quote form.

10. ASSIGNMENT AND HOURS OF WORK

A. The County will issue a PO, followed by an email notification from the County's Administrative Agent or Contract Manager notifying Contractor to start work. Contractor shall mobilize and begin maintenance activities upon the first cycle date specified in the County's PO.

B. No work shall be performed before 7 a.m. or after 7 p.m. Work may be performed by Contractor any day of the week.

11. SAFETY

A. Contractor shall conform to all Occupational Safety and Health Administration (OSHA) regulations. It is the responsibility of Contractor to keep informed as to changes and act accordingly.

B. Contractor shall be required to be in compliance with State of Florida Department of Transportation Temporary Traffic Control Methods and Guidelines (TTC).

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

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 10 of 13

12. DAMAGES

A. Contractor shall be responsible for any damage to County or private property caused by Contractor or their employees. Restoration shall be made to the County's satisfaction.

B. Under no circumstances, shall Contractor, its employees, agents, or representatives ever dispose of any flammable, toxic or caustic materials into any County provided container or in or upon any County right-of-way. Should Contractor knowingly violate the terms of this provision, they shall be held liable for the cost of the timely, proper, and legal disposal of said material(s). Further, Contractor shall be held liable for any monetary or other penalty imposed upon the County and for remediation of any property damage caused by said disposal.

C. Vegetation and/or areas adjacent to the landscape bed areas that are damaged shall be repaired at Contractor's expense. Restoration of adjoining areas shall be equal to or better than original condition and to the satisfaction of the County. Protection of structures or grassed, mulched, shelled, or landscaped areas shall be the responsibility of Contractor, who shall provide adequate protection to maintain proper service.

D. Contractor shall report all damage to the County's Administrative Agent, by the close of business the day the damage occurred.

E. If damage occurs after 5 p.m. or on weekends or holidays, notification must take place by 10 a.m. the first business day after damage occurs.

F. Damages caused by Contractor shall be repaired at no cost to the County within 10 business days of the date of damage.

G. Failure to notify the County or repair the damage within the timeframes specified may result in the County self-performing repairs. In such event, the County shall notify Contractor of actual costs, including fully burdened labor rates, and the County shall deduct such amounts from Contractor's next invoice.

H. Recurring or excessive damages may be considered grounds for default and termination of the Contract.

13. COUNTY WORK MANAGEMENT SYSTEM

A. The County operates a computer-based work management system

(WMS).

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

ii. 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.

a. This training session is expected to last no longer than one business

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 11 of 13 day. Contractor costs associated with this training and utilization of the WMS shall be considered overhead and incidental to the Term Contract.

b. There is no separate payment for Contractor’s required attendance at the WMS training.

B. 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. Contractor shall maintain computing equipment with the following minimum specifications to run the County’s WMS.

i. Operating System Microsoft Windows XP, 7, or 8

a. Android

b. iOS

ii. Browser: Chrome or Safari (The County’s WMS currently does not work with Internet Explorer, but that could change in the future.)

iii. High speed internet connection.

C. In the event of long-term unavailability of the County's WMS, a spreadsheet-based reporting process may be substituted by the County.

Contractor shall report completed work on the County's provided spreadsheet and send completed work reports to the County and Administrative Agent. Inspections and any resulting deficiency will be communicated to Contractor via email by an updated spreadsheet.

Contractor will continue to report work status by email until notified by the County that the WMS is operational.

14. REPORTING AND SITE INVESTIGATION

A. Contractor shall notify the County's Administrative Agent, by WMS, each week detailing the completed work. The weekly report is due no later than 10 a.m. the following Monday. (If the County is closed on Monday, the email is due by 10 a.m. the following business day.) This requirement will enable the County to complete timely inspections and allow Contractor to perform any necessary corrections, so payment will not be delayed.

B. The County will inspect sites randomly on as-needed basis.

C. Proper IPM reporting is required. Spray sheets are to be compiled daily and submitted upon completion.

15. WORK EVALUATION

A. The County assigns Contractor work orders through the WMS, which coincide with the bi-monthly cycles, specified herein. After completing assigned work, Contractor shall update work orders in the WMS as being "done".

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 12 of 13

B. Contractor shall have three calendar days to complete any Deficiency Work Orders issued.

i. Completion of Deficiency Work Orders outside of the timeframes specified will not be eligible for payment.

ii. Contractor will only be provided one opportunity to correct deficiencies identified by County inspection.

iii. If deficiencies exist at the time of County re-evaluation, the work will not be eligible for payment.

C. The County will evaluate Contractor's maintenance activities to ensure general compliance with Contract specifications.

D. The County inspector shall subsequently inspect the site and either pass or fail work based on the following indicators:

i. Litter removal

ii. Pruning

iii. Bed maintenance

iv. Weed and invasive control

v. Sucker removal

vi. Paver & concrete edge weed control

vii. Edging

E. Work orders receiving a Pass evaluation will be eligible for payment. Work will not be eligible for payment until completing the evaluation process through the WMS.

F. Work not receiving a pass evaluation will not be eligible for payment.

G. Deficiencies due to loss of equipment or personnel will not be considered extenuating circumstances.

H. Reoccurring, excessive or uncorrected deficiencies may be considered grounds for default and termination of the Contract.

16. INVOICING FOR PAYMENT

A. All invoices shall include:

i. The location and dates of service with itemized invoicing for all work completed.

ii. The line item location number for each site and corresponding price from Exhibit B - Fee Schedule.

iii. Contractor's invoices shall match the County's PO. The invoice shall reference the Contract number, line item number and PO number.

B. If significant deficiencies are identified, written notice, in the form of a Deficiency Work Order, will be provided to Contractor listing deficiencies

Revised 10/07/20 Prepared by Public Works Dept. Part II - Page 13 of 13 with photo-documentation.

C. The completion of a satisfactory subsequent maintenance cycle will not negate any prior Deficiency Work Orders.

D. Failure to correct deficiencies within the time frames specified may result in the County self-performing corrections and withholding actual costs including fully burdened labor rates, minus the Contract rate, from Contractor's subsequent monthly payment.

E. If Contractor accrues deficiencies on more than ten percent of the total number of individual assets or square footage on a cycle, five percent of the single cycle price amount will be deducted from the invoice period.

(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.