Project_Documents.pdf

INVITATION FOR BIDS (“IFB”) - PART I

IFB Part I, Revised 10/11/23 1

IFB #: 252734AMS

IFB TITLE: REGIONAL STORMWATER FACILITIES 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 supplier to provide regional stormwater facilities maintenance including the management of nuisance and exotic vegetation, herbicide applications as needed, and planting services within the Sarasota County designated site boundaries as stated herein.

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

OpenGov is located at https://procurement.opengov.com/portal/scgov

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 each of the following services:

a. treating and removing nuisance and exotic vegetation

b. planting

3.1.2. References submitted must be for services provided within the past 7 years preceding the submission deadline in OpenGov.

A minimum of 2 references are required.

3.1.3. A single reference may be used to verify multiple

requirements. Only references submitted at the time of bid submittal in the format specified by the County will be used to https://procurement.opengov.com/portal/scgov

IFB Part I, Revised 10/11/23 2 verify that qualifications have been met.

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 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 attached to this solicitation

IFB Part I, Revised 10/11/23 3 as an Excel file. Bidders who fail to fully complete the Pricing Table, in the format provided, and submit the completed Pricing Table with their bid may be found non-responsive.

8.0 AWARD

It is the intent of the County to award a contract to the responsive and responsible bidder submitting the lowest total bid price, including line items for percent markup and/or percent discount. Unless otherwise noted, the bidder must submit a price for every line item to be considered for award.

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

8.1.1. 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.

8.2 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

8.3 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

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.

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

IFB Part I, Revised 10/11/23 4

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 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

IFB Part I, Revised 10/11/23 5 be paid out as a part of any final payment.

12.0 PERFORMANCE BOND

Only applicable if this box is checked

12.1 The awarded Bidder will be required to obtain a performance bond equal to $50,000. Any bonding company submitting a 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 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

REGIONAL STORMWATER FACILITIES MAINTENANCE

Addendum 1

Prepared by Public Works

1. Purpose: Contractor will provide nuisance and exotic management services for the Regional Stormwater Facilities Maintenance. Work includes all labor, equipment, materials, and supervision to treat and remove nuisance and exotic vegetation, apply herbicide treatments as needed, and provide planting services within the site boundaries.

a. The Site Maps for these locations are provided in Attachment 1 and are incorporated herein.

Site Name Area Briarwood 35 acres Catfish Creek 30.5 acres Celery Fields (North and Central Cell) 185 acres Celery Fields (South Cell and Walker Tract) 150 acres Dona Bay Phase 2 400 acres Red Bug Slough 4 acres

2. Location: The Regional Stormwater Facilities Maintenance sites are located in various areas, including wetlands, 25 feet or specified upland buffer zones, littoral shelves, permitted mitigation areas, and open water areas within the site boundary.

a. Refer to Attachment 1 – Site Maps.

b. The acreage to be serviced has been estimated by the County and verified using the Sarasota County Mapping system.

3. Preventive Maintenance Service Visits: The County requires Contractor to perform the following services for this site, as identified. The frequency shall be six times per year (bi-monthly – once every two months) for these services as identified in the Fee Schedule. (Addendum 1)

a. Contractor shall remove nuisance species. In addition, all vines (exotic and nuisance) must be manually removed. While Contractor may initially treat vegetation (including vines) with herbicides, subsequent manual removal is required as necessary to achieve complete eradication.

b. Areas include upland buffer berms, along the sidewalk and mortise fence, tree preserve islands, wetland mitigation areas, open water, and pond areas.

c. Contractor shall remove all litter and/or debris within all the designated treatment areas during each regular service visit, and report removal weight in Computerized Maintenance Management Software (CMMS).

d. All water control structures shall be kept clear of debris and vegetation to ensure proper operation. Any damaged or missing structure items must be reported to the County within forty-eight (48) hours and identified in the report.

e. Contractor shall treat nuisance/exotic plants. Contractor shall control the aquatic plants, including, but not limited to, all emergent, submerged, and floating weeds. Contractor shall use the 2023 Florida Invasive Species Council (FISC) Plant Species, available at:

https://www.floridainvasives.org/wp-content/uploads/2024/02/2023-FiSC-Plant-List-Brochure-11- 27-23.pdf https://www.floridainvasives.org/plant-list/2023-fisc-watch-list/ and listed on Attachment C – 2025-FISC-Plant- List, subject to future revision. (Addendum 1) This list should be used as a guideline. It does not preclude the possible removal of any plant species that the County feels may threaten the success of the overall system.

f. Native nuisance vines can form dense mats that smother grasses, shrubs, and trees. If Contractor encounters dense mats that clearly impact other plants by smothering or overwhelming them, Contractor shall take appropriate action, as defined in Section 3. Maintenance Service Visits, to remove or treat the vines in those specific areas.

i. Native nuisance vines include:

1. Creeping cucumber (Melothria pendula)

2. Muscadine grape (Vitis rotundifolia)

3. Greenbriers (Smilax spp.)

4. Moon vine (Ipomoea alba) (Addendum 1)

g. Hand removal of invasive/nuisance plants is the preferred method to be used. Any plants removed must be disposed of properly and never left in the water to avoid nutrient overloading from the decomposing vegetation. The weight of debris removed, whether it is vegetative or non-vegetative, needs to be reported to the County in the CMMS software.

h. Contractor shall perform work in compliance with all local, state, and federal regulations [including Occupational Safety and Health Administration (OSHA)]. Contractor shall ensure conditions on the work site always reflect good housekeeping and safety practices.

i. Every Contractor crew working must have at least one employee on site who can effectively communicate in English with the County staff or the https://www.floridainvasives.org/wp-content/uploads/2024/02/2023-FiSC-Plant-List-Brochure-11-27-23.pdf https://www.floridainvasives.org/wp-content/uploads/2024/02/2023-FiSC-Plant-List-Brochure-11-27-23.pdf https://www.floridainvasives.org/wp-content/uploads/2024/02/2023-FiSC-Plant-List-Brochure-11-27-23.pdf https://www.floridainvasives.org/plant-list/2023-fisc-watch-list/ https://www.floridainvasives.org/plant-list/2023-fisc-watch-list/ general public. Each Contractor representative shall always conduct themselves respectfully.

4. Due Care: Contractor is responsible for any damage to the County or personal property due to negligence on the part of Contractor and/or its employees.

Restoration shall be made to the County's satisfaction.

a. Contractor’s operations shall not interrupt the daily operations of any County site. Work vehicles shall be operated safely while on County property and follow all Department of Transportation (DOT) and OSHA safety standard rules as applicable.

b. Work crews shall utilize spotters and other safety procedures to protect County property and staff as well as its customers and patrons.

c. Some County sites may have protected species (gopher tortoises, eagles, native orchids, etc.) that may require an alternative management strategy. A County Environmental Specialist or other designated qualified representative will ensure that Contractor is aware of these environmental issues as necessary, and Contractor shall keep all work crews informed and in compliance with all environmental issues and requirements.

d. Contractor is responsible for restoring any significant changes to the wetland areas due to excessive rutting from motorized equipment.

Contractor shall get preapproval prior to usage of the types of motorized equipment traversing the wetland areas prior to commencement of work. All motorized equipment (including ATVs and marsh-style equipment, excluding airboats and Jon boats) shall be confined to the existing trails.

5. Decontamination of Equipment:

a. Contractor shall require all personnel to practice proper decontamination procedures for all equipment to avoid the unnecessary spreading of invasive and exotic pest plant species within and from each site.

b. Contractor shall be responsible for cleaning the equipment of any seed sources or vegetation debris prior to bringing it on site. This shall involve a thorough check of all areas of all vehicles and trailers that may harbor seeds or propagules of invasive plant species and systematically removing them through the use of compressed air, brush, or by hand.

c. Decontamination protocols include blowing off or spraying down all equipment surfaces, including the undercarriage and tires to ensure that mud, sand, dirt, muck, vegetative debris, and other debris is not transported from the previous site.

d. All hand-held equipment such as weed eaters, chainsaws, loppers, etc., to be used for work activities shall be wiped down and cleaned so they are free of debris and other possible contaminants.

6. Assessment: The County strongly recommends that the sites be visited prior to providing any quote for services, considering accessibility and conditions that might influence the implementation of services. The County shall not consider any claim for additional work, payment, or time in the event Contractor fails to appropriately assess the work to be completed under the contract.

a. Additional Items:

i. In addition to normal maintenance, the County may require extra hand removal and mitigation service visits. These services will be billed at an hourly rate per laborer, as specified in the Fee Schedule.

ii. Additional Herbicide Treatment may be required if deemed necessary on an as-needed basis. This item will be charged at a per acre rate as reflected in the Fee Schedule.

iii. Additional Trash Collection may be required if deemed necessary on an as-needed basis. This item will be charged at a per acre rate as reflected in the Fee Schedule.

7. Work Schedule: Within 30 days of contract execution, Contractor shall provide to the County a written, proposed work schedule for approval before implementation. After approval, any alteration to the schedule must be requested in writing and approved by the County Administrative Agent or Contract Manager prior to implementation.

a. The County shall provide access to the sites. Gate keys will be provided.

b. Initial Sservices must be completed shall commence within the first 30 days of the award and service visits are not to exceed no more than six times annually per the Fee Schedule. (Addendum 1)

c. Maintenance shall be performed Monday through Saturday, between the hours of 7:00 a.m. and 7:00 p.m., unless otherwise agreed upon by the County.

d. Once assigned, a schedule of services to be performed shall be submitted and approved by the County along with the anticipated completion timeframe.

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

f. Sundays and holidays work may be performed upon written approval of the County. No additional fee shall be considered for work performed on Sundays and holidays.

8. Supervision and Inspection: The County shall inspect sites for Contractor compliance. If deficiencies are noted, Contractor shall be notified of the specific deficiencies via a Sarasota County Corrective Report Form, which the Contractor must rectify prior to the County approving payment for that service.

Inspections shall occur, as practically as possible, upon completion of work for an individual site.

a. County staff shall conduct inspections as soon as practicable following the completion of each six times per year maintenance event to verify compliance with the required 95% control threshold.

b. All work shall be subject to the approval of the County Administrative Agent or Contract Manager. If work is deemed unsatisfactory, a return visit to re-treat/remove target plant species within 15 days after the initial treatment, at no additional cost to the County, shall be made before the invoice payment is approved.

c. Sarasota County shall provide Inspectors who shall personally visit all County-owned/operated sites to ensure the schedules and performance are in accordance with the Scope of Work and Terms of the contract.

Contractor shall provide an English-speaking, knowledgeable point of contact equipped with a working cell phone to accompany the County on these visits if required.

d. All Contractor field staff shall wear visible identification or the company logo.

e. The County Administrative Agent or Contract Manager shall approve invoices for payment only if the work is completed to the County's satisfaction. Upon completion of a project, Contractor is to mail or deliver to the County Administrative Agent or Contract Manager a project Invoice and herbicide application sheet indicating the location, Herbicide used, the work performed, and the Purchase Order number.

f. The County shall inspect the maintenance provided at each site to determine whether the work is being performed in accordance with specifications and shall review with Contractor any deficiencies to be corrected or brought up to bid specifications. Contractor shall have a Supervisor available, upon request, to attend these landscape inspections and/or accept written inspection reports.

9. Computerized Maintenance Management System (CMMS):

a. The County operates a computer-based Computerized Maintenance

Management System (CMMS). Contractor’s costs and expenses associated with the Contractor’s required use of the CMMS 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 County’s CMMS via the internet website to interact with work orders and report performance.

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

d. The CMMS training session is expected to last no longer than one business day. Contractor shall not be required to purchase software to utilize the CMMS but may be required to install the County-provided system on their computing equipment to access and use the system.

e. Contractor must maintain computing equipment with the following minimum specifications to run the County’s CMMS.

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

ii. Software: Chrome, Edge or Safari.

iii. Internet: High-speed internet connection & power source.

f. If the County’s CMMS is unavailable for an extended period, as determined by the County Administrative Agent or Contract Manager, the County may substitute a spreadsheet-based reporting process.

g. Contractor must report completed work on the County’s CMMS provided and send completed work reports to the County Inspector, Administrative Agent, or Contract Manager.

h. Inspections and any resulting deficiency will be communicated to the Contractor via email with an updated spreadsheet.

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

10. IPM Guidelines: Contractor shall adhere to Sarasota County’s Integrated Pest Management (IPM) guidelines at:

https://www.epa.gov/safepestcontrol/integrated-pest-management-ipm-principles.

11. Pesticide/Herbicide Application: All persons who apply or supervise the application of pesticides and herbicides must hold a valid Commercial pesticide Applicator’s license by the Florida Department of Agriculture and Consumer Services (FDACS) pursuant to 5E-9.021 under Ch. 487 F.S. with endorsements in Category 5A – Aquatic Pest Control and Category 21 - Natural Areas Weed Management. At the request of the County’s Administrative Agent or Contract Manager, Contractor must provide license verification for all persons applying or supervising the application of https://www.epa.gov/safepestcontrol/integrated-pest-management-ipm-principles https://www.epa.gov/safepestcontrol/integrated-pest-management-ipm-principles pesticide/herbicide, provided under Sarasota County’ Code of Ordinance, Chapter 54, Article XXXII, Section 54-1034, available at:

https://library.municode.com/fl/sarasota_county/codes/code_of_ordinances ?nodeId=PTIICOOR_CH54ENNARE_ARTXXXIIFELAMA_S54-1034LICOAP.

12. Florida Green Industries Best Management Practices (BMP): All persons who apply or supervise the application of pesticide/herbicide must be knowledgeable in the removal of nuisance vegetation based on the University of Florida Institute of Food and Agricultural Sciences (IFAS) Extension Green Industries (BMP) and Integrated Pest Management Guidelines (IPMG). At the request of the County’s Administrative Agent or Contract Manager, the Contractor must provide a copy of this certificate as applicable at https://ffl.ifas.ufl.edu/ffl-and-you/gi-bmp-program/.

13. Litter/Plant Debris Removal: Contractor is responsible for the disposal of all waste matter that results from service performance.

a. Disposal of all litter and vegetation shall be performed as per Sarasota County Solid Waste Disposal Code of Ordinance Chapter 106, Section 106-36 and 106-41, available at:

https://library.municode.com/fl/sarasota_county/codes/code_of_ordin ances?nodeId=PTIICOOR_CH106SOWA.

b. Contractor shall remove all litter and/or debris during regular service visits. All water control structures shall be kept clear of debris and vegetation to ensure proper operation. Any damage or missing structure items shall be identified in the bi-monthly report.

c. Contractor shall not use any County dumpsters to dispose of debris.

d. Disposal of waste matter at an approved landfill is the Contractor’s responsibility.

e. In the event the Contractor encounters or discovers any waste within the designated County work area that could be deemed Hazardous, the Contractor shall contact the County’s representative immediately. Any Hazardous Waste disposal by the Contractor must comply with the State of Florida Hazardous Waste disposal regulations as defined by the Division of Waste Management site:

https://www.scgov.net/government/solid-waste/hazardous-waste;

f. Any and all debris must be removed from the project area. Contractor will be required to remove wood products, glass products, plastic products, metal products, paper products, tires, and any other inadvertent materials (such as palm fronds and tree limbs).

https://library.municode.com/fl/sarasota_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH54ENNARE_ARTXXXIIFELAMA_S54-1034LICOAP https://library.municode.com/fl/sarasota_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH54ENNARE_ARTXXXIIFELAMA_S54-1034LICOAP https://ffl.ifas.ufl.edu/ffl-and-you/gi-bmp-program/ https://library.municode.com/fl/sarasota_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SOWA https://library.municode.com/fl/sarasota_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SOWA https://www.scgov.net/government/solid-waste/hazardous-waste

g. Contractor may request the County Administrative Agent or Contract Manager to inspect litter amounts perceived as unreasonable for Contractor to remove. Generally, unreasonableness will be defined as material that cannot be safely lifted by the personnel on site or transported by the vehicles and equipment normally utilized during daily maintenance and litter removal activities.

h. The County’s judgment as to an unreasonable amount of litter does not preclude repetitive debris disposal trips that may be necessary to complete a litter clean-up. The County inspector will make the final determination as to reasonableness.

i. Vegetative matter should be separated from other debris and identified.

This is a requirement for the County to satisfy its stormwater permit annual reporting requirements.

j. Debris Reports: Contractor must provide bi-monthly debris reports after each service.

14. Reporting: The bi-monthly report shall include, but not be limited to, the Date of Service, Debris Report, Chemical Usage, and any report of damage or other site concerns. The format shall be electronic and will be provided to the Contractor. Six times per year, a record of all structure inspections is required in the Maintenance Event Report. This report shall include, but not be limited to, the date of service, debris report, chemical usage, and any information and supporting photographs of damage or other site concerns.

15. Project Meetings: Contractor is required to participate in project and project report meetings as deemed necessary with the County’s Administrative Agent or Contract Manager at no additional cost to the County.

16. Additional Project Requirements: On-site meeting: An on-site meeting between the Contractor and the County’s Administrative Agent or Contract Manager may be conducted before work begins as deemed necessary by the County’s Administrative Agent or Contract Manager. The County’s Administrative Agent or Contract Manager may identify the location of specific nuisance/exotic plant populations. Contractor shall be provided with a hard copy map of the treatment areas prior to Notice to Proceed being given. The County’s Administrative Agent or Contract Manager shall be permitted to inspect the Contractor’s procedures at any time as well as approve application personnel. Inspections by the County’s Administrative Agent or designated staff shall not relieve the Contractor of any obligations and responsibilities nor will it transfer liability to the County.

17. Project Timeframe and Payment: Timing of Treatments: A Notice to Proceed will be given for the initial maintenance event for all areas to begin within thirty (30) days of Purchase Order issuance.

18. Invoices: Invoices for maintenance events can be submitted after all of the areas have been treated, inspected, and approved by County staff. The amount invoiced shall be based on the Fee Schedule and shall be verified for completeness by County staff.

a. For an invoice submitted, all work must be completed, and visual inspection by County staff of the treatment area must indicate that approximately 95% of all nuisance/exotic species have been successfully treated. This inspection for the completeness of treatment will occur ten days after the final day of treatment.

b. Contractor shall email or deliver to the County a project invoice indicating the location, the work performed, and the Purchase Order number after each bi-monthly maintenance event.

c. Contractor shall only invoice for time spent on the job at the rate listed in the Fee Schedule. Hourly charges are to begin when the appropriate technician arrives at the job site.

d. Invoices for maintenance events can be submitted after all areas have been treated, inspected, and approved by County staff. The amount invoiced shall be based on the Fee Schedule and verified for completeness by County staff.

e. Completed herbicide application records must be submitted to the

County and included in the CMMS.

f. The estimated dry weight of all vegetation manually removed from the site must be quantified on the invoice and included in the CMMS.

g. When the Contractor submits an invoice to the County, all invoices from subcontractors, suppliers, and other trade partners shall be included to verify material costs paid with receipts and markup (if applicable).

19. DEFICIENCY ASSESSMENT

a. The County shall evaluate the required service for each Regional Stormwater Facilities Maintenance Area to determine whether the service activities are complete to specification.

b. If deficiencies are identified, a written notice, in the form of a Deficiency Work Order, with a status of fail will be provided to the Contractor listing deficiencies with photo-documentation.

Contractor shall correct all deficiencies within three (3) calendar days from date of receiving the County’s Deficiency Work Order and, when complete, update the CMMS work status to ‘done’. The

County will then re-evaluate and update accordingly per Section 8.

i. The completion of a satisfactory subsequent service schedule will not negate any prior deficiencies.

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

iii. Failure to correct deficiencies within the time frame specified may result in the County self-performing corrections and withholding actual costs including fully burdened labor rates from the Contractor’s subsequent monthly payment.

iv. Reoccurring, excessive or uncorrected deficiencies will be considered grounds for default and termination of the Contractor’s contract with the County. (Addendum 1)

20. Planting Services: Within the Regional Stormwater Facilities Maintenance, select areas may need replanting to resolve non-compliance issues related to the U.S. Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (FDEP), and Southwest Florida Water Management District (SWFWMD) permit, per Attachment 2 – Regional Stormwater Facilities Approved Planting List, as applicable. Priority will be given to ensuring the survival of upland buffer canopy, and herbaceous strata as well as the coverage of floating-leaved zones. Replanting will be charged at the hourly rate, with materials charged as a percentage markup in accordance with the Fee Schedule.

21. Materials: All plants, parts, materials, and equipment rental shall be billed as shown on the Contractor’s supplier invoice plus the approved percentage markup as defined in the Fee Schedule.

22. Labor: The labor rate includes services such as site preparation, plant installation, staking, watering, maintenance, care, survivorship guarantees, and other related tasks. Charges for this service will be based on the hourly rate specified in the Fee Schedule.

a. GUARANTEE OF SURVIVORSHIP AND VIGOR: Contractor shall guarantee ninety percent (90%) survivorship and vigor of all plant species planted for a period of sixty (60) days following final completion Inspection.

Survivorship will be estimated individually for each species planted.

Surviving plants that are showing extensive stress and poor health (e.g.

extensive top die-back) shall be considered to have not met the warranty requirement for vigor. Subsamples of the planted materials or total counts shall be used to estimate survival. Any plant species that do not meet survivorship and vigor requirements shall be replaced within ten (10) working days of written notice at no cost to the County.

The County shall inspect the planting materials at the end of the establishment period (warranty inspection) to determine final acceptance. The County shall have the final word in determining the conditions, the viability of plant conditions, and the need for replanting.

Changes to this Exhibit are indicated using underlined text to show additions and strikethrough text to show deletions. Changes made pursuant to this Addendum No. 1 are in bold.

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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.

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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.