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Backup Documents 04/28/2020 Item #16A20 (The Mulch & Soil Company)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 Aa u THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Couny Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management (_e„ 2. County Attorney Office County Attorney Office t 1� 4. BCC Office Board of Countyilk II__ Commissioners ,t 4. Minutes and Records Clerk of Court's Office t—(Q'� 0'.1s6-pley\ 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was April 28'12020 Agenda Item Number 16.A.20 )17 Approved by the BCC Type of Document AGREEMENT Number of Original 2 Attached Documents Attached PO number or account N/A 20-7705 Forestry number if document is Forestry Resources,LLy6 to be recorded Resources,LLC DBA The Mulch& DBA The Mulch& Soil Company Soil Company INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 04/28/2020 and all changes made during N/A Is not the meeting have been incorporated in the attached document. The Count *\ an option for Attorney's Office has reviewed the changes,if applicable. D 1��'' �) s line. 9. Initials of attorney verifying that the attached document is the version app o e u 1' - / is not BCC,all changes directed by the BCC have been made,and the document is reatAr , '' a ption for Chairman's signature. "" " � a( Risk Management J 16A2 !1 MEMORANDUM Date: May 6, 2020 To: Jessica Suarez, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreement #20-7705 Contractor: Forestry Resources, LLC d/b/a The Mulch & Soil Company Attached, is an original copy of the contract referenced above (Item #16A20) approved by the Board of County Commissioners on Tuesday, April 28, 2020. The second original contract has been held by the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1 6 A 2 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 20-7705 for Mulch Installation Services THIS AGREEMENT, made and entered into on this Ai* day of (A 't 20 20 , by and between Forestry Resources LLC, d/b/a The Mulch and Soil Company authorized to do business in the State of Florida, whose business address is 165 Broadway, 52nd FL, New York, NY 10006 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing I■I upon the date of Board approval I I on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I I Request for Proposal (RFP) I■I Invitation to Bid (ITB) I I Other ( )# 20-7705 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16A20 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 1.1 The procedure for obtaining Work under this Agreement is outlined in Exhibit A- Scope of Services attached hereto. 3.3 •- e =-"=- - e ee _"- . . ._.. --e •- ❑ Other Exhibit/Attachment: 3,41-1 The County reserves the right to specify in each Request for Quotations: the period • 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): •., .. _ .•. -e - : 1 •w -e e e - e..-- •.w e w..e.-- ; .. - transferred from the County to the contractor; and, as a business practice there are no is authorized. •n _ e-.. : , . . �� . , _� .: _e_. _e --__ e a- . -- -- - ., .. e . 22 time spent by the contractor's employees an: e_e- e e - e that the project requirements would most likely change. As a general business practice, ■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 A 2 0 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 44 n _.-_ • _ ee .._ e - _ - _ . e - :•.. e - . . x e : • - Travel and Reimbursements shall be at the following rates: Mileage $844- er--rl}ile fe cf., t $�',_ag Lunch $14-40 laln er $4-9-88 Airfare A €fats-fare Rental cap ••••• -e e _e--e, e tee.•: . - Parking Actual cost of parking Taxi or Airport Limousine responsible for all other costs and expenses as✓ociated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) I 6 A a 0 Forestry Resources, LLC Company Name: d/b/a The Mulch and Soil Company Address: 4353 Michigan Link Fort Myers, FL 33916 Authorized Agent: Mark West Attention Name & Title: Kristine Magee, Cust. Service Manager Telephone: (239) 334-7343 E-Mail(s): Customerservice@themulchsoilco.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Albert English Division Name: Road Maintenance Division Address: 2885 Horseshoe Drive S Naples, FL 34104 Administrative Agent/PM: Melissa Pearson Telephone: (239) 252-5591 E-Mail(s): Melissa.Pearson@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) Kto 16A20 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 1111 Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) =`j 16 A 2U 13. ❑ - e _ . . . e. . _W ••-•• _ .-e e . - —e• . . . _ - . .. &I I fiber Liability: Coverage shall have minimum li its-e'f$ ❑ : Coverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CA0 16A20 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/ n ITB/7 Other #20-7705 , including Exhibits, Attachments and Addenda/Addendum, ❑ cubseq quotes, and I I Other Exhibit/Attachmcnt: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) I6* 20 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tam iami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 80117 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. IUi CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. 1■1 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) :10 1620 particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. IuI TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. IT PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) 1SAZO foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. - . , = _-• _ _ __ _ _ ••_ -••-• - - - - personnel. Page 11 of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 0 t6A20 • AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ORD-ER-OF - • - . • e - e . . •- - e . . -e• e- --- - ..-.. .- - .. . - .. .. - .. ..-. .. . .- -e-- • . __ _ . -_ Documents cannot be resolved by application of the Supplemental Conditions, if any, or _. .e .- .. .. - - - - ---• - - - . 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16 * 20 County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. ❑■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16 * 20 IN WITNESS WHEREOF, the parties hereto. by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts & COLLIER OUNTY. FLORIDA Comptroller r, - - D eogioaLft By By. Burt L. Saunders , Chairman • • 74SEALIII Dated'".;:•. OZ-O A' 's4 !. `.Rmaii Forestry Resources, LLC Contuy /nesses: Contractor The Mulch and Soil Company DBA Z By: Contractor's First 'itness Syi nature N iS{�tlf Aitageo "'Type/print signature and title►A 'Type/print witne name'' JW lw1. �„ Contr:ctor's Second W.411. I'IA�TI�7 eAiN "'Type/print witness n meA A. iv-d a to m nd Legality: County Attorney `'— j� Itom# WAw Print Name Agenda s. Date Date Reed _ 4 NI f wsi I erm Multi-Cuntrurtur Agrcun r+t:w!i ,i8(Vo yr 16A2U Exhibit A Scope of Services n following this page (pages 1 through 4 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 0 16 A 2 0 ITB#20-7705 "Mulch and Installation Services" EXHIBIT A SCOPE OF SERVICES MINIMUM REQUIREMENTS: Certification Maintenance of Traffic (MOT), Intermediate Level Certification. If the Contractor is subcontracting MOT, they need to provide the subcontractor's certification. 1. SCOPE OF WORK Collier County Divisions may submit orders to the Contractor to purchase mulch that County staff will pick up or have the Contractor deliver. Other order submissions may consist of the Contractor providing the mulch and installing the product, with or without Maintenance of Traffic(MOT). These requests are on an"as-needed basis." The services may consist of installing mulch in roadway medians,sides of right-of-way;County owned and operated facilities;parks;and other various locations as requested by multiple Divisions throughout the County. 2. FEE SCHEDULE Exhibit B Fee Schedule has one (1) mulch type used throughout the County. The Board of County Commissioners approved the mulch type and color for Divisions to purchase and install,so there is consistency throughout the County.The fee schedule line items are listed below. 2.1. County Pick Up: County staff will order the mulch and pick up at the Contractors location. The pickup location shall be within Collier County. 2.2. Delivered:County staff will order the mulch,and the Contractor shall deliver to locations throughout Collier County. The unit price is inclusive of all fees for equipment and labor to have the product delivered. 2.3. Mulch and Labor to Install with Maintenance of Traffic (MOT): Contractor shall provide the mulch and labor to install, which requires MOT setup and the associated equipment (arrow boards, cones, etc.) utilizing Florida Department of Transportation,600 Design Series Index. MOT is required where mulch is being installed in roadway medians and sides of right-of-way. 2.4. Mulch and Labor to Install (No MOT): Contractor shall provide the mulch and labor to install where MOT is not required. These areas are usually within County-owned and operated facilities where there is no traffic interferences. 3. PRODUCT SPECIFICATION 3.1. Collier County Brown Specialty Mulch: Forestry Resources is the supplier for this organic Premium Grade A hardwood mulch, that is color enhanced brown with slight red hue, and named"Collier County Brown." There are no substitutions. 3.1.1. The formula: 40 Rojo, seven (7) lb., contains an ionized colorant to resist bleeding and staining, color enhanced that is fade-resistant and has a non-toxic, biodegradable coating. It is derived from 100% Pine commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers,contaminate free,and cured to eliminate seed germination of invasive plants or weeds. 3.1.2. Shredded to a size no larger than three and one-half inches(3-1/2"), and not too thin that it degrades rapidly. Mulch pieces exceeding 3-1/2 inches must be removed. 3.1.3. Mulch cure time shall be four(4) to six (6) weeks to prevent mulch colorant from bleeding onto hardscape surfaces and staining them. 3.1.4. Mulch shall be packaged in two (2) cubic foot bags, and the packaging materials shall be at minimum, 2.75 mil bag thickness,or higher. Page 1 of 4 4. ORDERS County Divisions requiring product and services will place orders directly with the Contractor(s)on an"as needed"basis. 4.1. Contractor Account Representative(s) Contractor shall assign account representatives for order placements, order resolutions, billing, and other related account activities. Contractor shall provide account representative names, phone numbers,and emails upon contract execution. 4.2. Order Placements the Division Representative shall email orders to the Contractor's assigned point-of-contact for the County. 4.3. Order Confirmation shall include, but not limited to: line item number, item description, unit of measure, quantity, unit cost,and extended cost for each item ordered. 4.4. Order Processing shall be within two (2) business days, and order delivery of mulch shall occur within five (5) business days from receipt of order, complete, and ready to use. Divisions requiring mulch with installation shall coordinate schedules with the Contractor. 4.4.1. If the Contractor is unable to process the order within five (5) business days or agree to a timely schedule to install mulch,the County representative may use the next lowest Contractor. 4.4.2. If the next lowest Contractor's price is significantly higher than the lowest bidder,the County representative can request a price quote from a Contractor off-contract following Collier County Procurement Ordinance. 4.5. Backorders shall be communicated by the Contractor to the County representative immediately at order placement or as soon as the Contractor is made aware. The County reserves to order from the next lowest bidder if there is a backorder. If there is no other awarded Contractor, the County may request quotes following Collier County Procurement Ordinance. 5. DELIVERY Deliveries shall be FOB (Free on Board)Destination. 5.1. Delivery Hours:Monday through Friday from 8:00 a.m.to 3:30 p.m.EST. There will be no deliveries after 3:30 p.m. EST, or on the 11 County observed holidays for which County offices are closed: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day,Christmas Eve,and Christmas day. 5.2. The Contractor shall contact the Division Representative that placed the order, no less than 24 hours in advance, to coordinate pick up or notify the Division Representative to schedule product delivery. 5.3. The Division receiving an order has the final authority as to the quality and acceptability of any products. Any product delivery found to be defective or incorrect(order errors on behalf of the Contractor) shall be returned to the Contractor at the Contractor's expense. The Contractor shall correct the issue and expedite the delivery within one(1) business with the correct product at no additional cost to the County. 5.4. Delivery locations are throughout Collier County. 6. PICK UP County staff submitting orders to purchase mulch for pick up shall be at the Contractor's designated pick up location. 6.1. Pick up locations shall be within Collier County. 6.2. Contractor shall load mulch into County vehicle. 7. MULCH INSTALLATION Divisions may request the Contractor to supply the mulch,which includes the labor and equipment to install. Mulch installation requests may be in parks;County-owned or operated facilities;and a variety of other locations. The Page 2 of 4 16A2n Contractor shall follow Florida-Friendly Landscaping Guidelines for installing mulch,as provided below. 7.1. Contractor offloading mulch for installation shall use caution and not damage irrigation equipment,plants, and turf. Any damages shall be the Contractor's responsibility to correct within 48 hours. 7.2. Contractor may request as-built plans from the Division to determine bag quantities, so there are not excess bags of mulch offloaded in one location, which may cause installers to exceed the allowable installed mulch height requirement. If mulch exceeds the height specified, the Contractor must remove and reinstall the mulch in another area within the worksite at their expense. 7.3. Apply mulch to bedded areas and around trees and palms. 7.4. Apply new mulch in a level profile consistent with pre-existing grades, so that the final uniform mulch depth is comprised of both existing and new layers that will be a minimum of two inches (2") but does not exceed three inches(3")in height. Do not unload excess bags of mulch in a single location that may cause installers to exceed the allowable installed mulch height. Contractor installed mulch that is over the maximum height requirement will be the Contractor's responsibility to remove excess mulch. 7.5. Mulch leaving two-inches(2")of space between the plant trunk or stem. 7.6. Mulch trees or palms of any size leaving 12 to 18 inches of radius from the trunks. 7.7. Do not pile mulch against tree bases,known as"volcano mulching." 7.8. Do not apply mulch on plants,plant trunk bases,or plant stems;taper down to the soil at those locations. 7.9. In locations where the existing mulch bed is in contact with hardscapes or paved surfaces (i.e., sidewalks, roadway edges, or curbing and driveways),the Contractor shall lightly trench the mulch-hard surface bed line to contain the installed mulch within the area. 7.10. Rake or sweep mulch off paved areas and turfgrass into beds as the mulch application progresses. Contractor shall rake smooth any mounded areas so that depth does not exceed three inches(3"). 7.11. Leave one-foot(1")space from the back edge of curbs. 7.12. Do not install mulch on or over valves,valve boxes,or irrigation equipment. 7.13. Install mulch to maintain planting bed pathways for maintenance workers. 7.14. Improperly installed mulch or product shall be corrected immediately at no additional cost to the County. 8. GENERAL INFORMATION 8.1. Work Schedules: The Contractor shall provide a work schedules before starting services to Division staff for on-site inspections. Failure to submit work schedule(s)may result in invoice rejection and services not paid. 8.2. Personnel and Equipment: Contractor shall have adequate personnel, crews, and equipment to install mulch. The Contractor's personnel and crews shall be adequately trained, communicate effectively with County staff, and capable of safely operating equipment and vehicles. 8.3. Safety: The Contractor shall use caution while working in or around County-owned or operated facilities, right-of- way, sides of right-of-way, and roadway medians. When working within a right-of-way (i.e., roads, sidewalks, bike paths,etc)All applicable FDOT and/or MUTCD requirements are to be followed at all times. Specifics include but are not limited to: Page 3 of 4 1 6 A 2 U 8.3.1. ANSI/ISEA Class 2 or 3 Vests,T-shirts,or similarly labeled garments depending on time of day. 8.3.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and Stop/Slow Paddles,where necessary,required by law or the BCC. 8.3.3. An applicable work zone(Maintenance of traffic)plan based on FDOT and/or MUTCD designs on site. 8.4. Maintenance of Traffic (MOT): The Contractor, or its subcontractor, is responsible in maintaining MOT to perform services in the right-of-way and roadways. The Contractor shall have MOT devices for adequate traffic control, and depending on the roadway, it may include: signage, arrow boards, message boards, warning devices, barriers, and flagmen. 8.4.1. MOT is a requirement for the safety and protection of the Contractor's employees and motorists during the performance of services.It is the Contractor's sole responsibility for safety in the work zone. 8.4.2. MOT shall conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices(MUTCD). 8.4.3. The Contractor is authorized to subcontract MOT. It is a requirement that either the Contractor or subcontractor to have current FDOT approved MOT, Intermediate Level, Certification per FDOT, Design Standards,600 series indexes. 8.4.4. The Contractor's employee or Contractor's subcontractor is responsible for the MOT plan and equipment setup, this individual shall have current FDOT approved certification in their name,and they must be readily available within twenty(20)minutes of the initial contact by County staff to address work zone safety issues. 8.4.5. MOT setup that does not comply with FDOT standards,the contractor will need to cease operations until MOT is correct per the 600 series design standard. 8.5. Lane Closures: There are no lane closures permitted between the hours of 7:00 AM through 9:00 AM and 3:30 PM through 6:30 PM on weekdays.Lane closures require Maintenance of Traffic(MOT)with the proper placement of lane closed signs,pre-warning signs,arrow boards,traffic cones,etc. 8.5.1. Road Alert(Mandatory Requirement): Notify Growth Management Department, Customer Service Specialist, or designee on Wednesday before lane closure(s) by submitting the Road Alert Notification form so that staff can update the Road Alert message board. 8.6. Damages: If the Contractor is negligent in performing services resulting in damages,those damages shall be repaired or replaced at the Contractor's expense within forty-eight (48) hours. Some examples of negligence resulting in damages are hardscape damages,roadway,curbing,turf,and plants. 8.7. Inspections: Any work deficiencies noted during inspections need corrections before final acceptance,which is at the Contractor's expense. The Contractor shall correct deficiencies within 48 hours after receipt of notification by County staff.Invoices will not be approved for deficient work. 8.8. Compensation: Invoice submission for payment approval must be accurate and complete with details of services performed or commodities purchased. 8.8.1. County staff shall authorize payment approvals for completed that is satisfactory by the Division. 8.8.2. Invoice rejection will occur for non-completed work,deficient work, incomplete invoicing, or failure to submit backup documentation as requested by the Division. 8.8.3. Invoice must include, at a minimum: Division name, Contract number, Purchase order number, Work order number (if applicable), and details in the invoice body (purchase mulch for pickup or delivery or installation with MOT or no MOT,and the location(s)). Page 4 of 4 S 1 6 A 2 0 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.t) A(; I6A2U ITB#20-7705 "Mulch and Installation Services" EXHIBIT B- FEE SCHEDULE Forestry Resources,LLC (PRIMARY CONTRACTOR) Section I. Collier County Brown Specialty Mulch County Pickup or Contractor Delivery ITEM NO. DESCRIPTION UOM UNIT PRICE 1 County Pick Up, 2 cubic foot bag Each $ 2.09 2 *Delivered, 2 cubic foot bag Each $ 2.39 * unit price is inclusive of all fees for equipment and labor to have the product delivered Section II. Collier County Brown Specialty Mulch Contractor Supplied Mulch with Installation ITEM NO. DESCRIPTION UOM UNIT PRICE 1 Mulch& Labor to install, 2 cubic foot bag Each $ 4.10 2 Mulch& Labor to install, 2 cubic foot bag with Each $ 4.47 Maintenance of Traffic 16A20 Other Exhibit/Attachment Description: ❑ following this page (pages through ) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16A20 Page 1 of 1 ACVRTI CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDONYYY) `..- 06/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME.. Willis of Now York, Inc. - ".,_....__. c/0 26 Century Blvd fAX No,Ext}: 1-877-945-7378 I FAX PVC,Noy 1-888-1117-2378 P.O. Box 305191 EOIAu ADDRESS; certificateeewillis.Com Nashville, TN 372305191 USA INSURERIS)AFFORDING COVERAGE NAIL" INSURER A: Twin City Tire Insurance Company 29459 INSURED INSURERB: Hartford Insurance Company of the t4idwest 37178 The Mulch and Soil Company LLC Hartford Casuelt IneuranOe Co 4353 Michigan Link _INSURERC: YCompany 29424 Fort Myers, SI., 33916 INSURERD: - --_---•^--__- --_ _ — INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W11e56554 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUER POLICY EFF POUCY EXP LIR TYPE OF INSURANCE _IWD MD POUCY NUMBER IMWOCNYYW) (MMIDDfYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE f 1,000,000 DAMACE TO RENTED CLAIMS.MADE X;OCCUR PREMISES(Ea occurrence) S 300,000 A MED EXP(Any ons person) _ f 10,000 Y 10 UENHN9749 05/17/2019 05/17/2020 ._...._ .__._...,_ _................._ _.... PERSONAL d ADV INJURY S 1,000,000 GEL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POLICY jEcy L. _, LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER S AUTDMOSILE LIABILITY COMBINED SINGLE LIMIT Msscedenl) $ 1,000,000 X ANY AUTO BODILY INJURY(Per pmson) S B OWNED SCHEDULED Y 10 CCM:149749 05/17/2019 05/17/2020 BODILY INJURY(Per acciden) S AUTOS ONLY _AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY IPer widen') _ S C X UMBRELLAUAB 'X OCCUR EACH OCCURRENCt. S 5,000,000 EXCESS LIAR CLAIMS-MADE 10 RHUDD0106 05/17/2019 05/17/2020 AGGREGATE S 5,000,000 OED X RETENTIONS 10,000 , S WORKERS COMPEN SATION PER OTH- AND EMPLOYERS'UABIUTY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N!A E L.EACH ACCIDENT S OFFICER/MEMBER EXC LUDEO7 — (Mandatory In NH) — _E L.DISEASE•EA EMPLOYEE f _ ___ d Yes, IPTI 10 under E L DISEASE-POI ICY LIMIT S — DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addltlonal Remarks Sohedula,may be attached If mon space Is required) This Voids and Replaces Previously Issued Certificate Dated 05/20/2019 WITH ID: W11293413. Collier County board of County Commissioners is included as an Additional Insured as respects to General Liability and Auto Liability as per written contract for any and all work performed in Collier County. General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured as per written contract. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Collier County Board of County Commissioners 3295 Tamise! Trail East ��,O Naples, PL 34112 -/�/ ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD sit Io: 18185209 BATCH: 1262791 16A20 AC oRos CERTIFICATE OF LIABILITY INSURANCE DATE TE(MM DA' fl) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT BrittanyPetratoa NAME: LPA Insurance t�AfGD N9 Extt (407)838-3445 FAX Ne) ; Isom•se-moo 498 S Lake Destiny Or EMAIL bpetratoselrainsurance.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC s Orlando FL 32810 INsuRERA:Bridgofield Casualty Ins Co 10335 INSURED INSURER B: Forestry Resources LLC, DRA: The Mulch and Soil Company INSURERC: 4353 Michigan Link INSURER D: INSURER E: Ft Myers FL 33916 INSURER F: COVERAGES CERTIFICATE NUMBER:19-20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,(NSD WOO POLICY NUMBER (MMWOO/YYYY) (MM/DO/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 3 _ CWMS-MADE I OCCUR DAMAGE TO RENTED PREMISES(Ea 000urenr�) 3 MED EXP(Any one person) 3 PERSONAL&ADV INJURY 3 GENII AGGREGATE LIMITAPP(UEESS PER GENERAL AGGREGATE 3 POLICY n JEI I LOC PRODUCTS-COMP/OP AGG 3 OTHER: AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT IES euJUent) ANY AUTO BODILY INJURY(Per person) i .--ALL OWNED SCHEOULED BODILY INJURY(Per.0 dent $ AUTOS AUTOS ) NON-OWNED PROPERTY DAMAGE 3 HIRED AUTOS AUTOS (Per ettidert) $ UMBRELLA UAB OCCUR EACH OCCURRENCE 3 EXCESS UAB CLAIMS-MADE AGGREGATE 3 DED RETENTION 3 3 WORKERS COMPENSATION X: PER 0TH AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE (�NIA A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUOED7 ( f (Mandatory In NH) 0196-46693 7/10/2019 7/10/2020 E.L.DISEASE-EA EMPLOYEE 3 1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 3 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks ScMdule,may be abached If more space I.required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCEWITH THE POLICY PROVISIONS. 3299 Tamiami Trial East Suite 303 AUTHORIZED REPRESENTATIVE �7 Naples, FL 34112 �Jy �+d O�,� T Folsom Florida Insu Ef o I ®1988-2014 ACORD CORPORATION, All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS026(201401)