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Backup Documents 10/13/2020 Item #16A13 (Aero Groundtek, LLC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i 6 A 1 3 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 County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management C.G /0 a/o 2. County Attorney Office County Attorney Office i/Y/ A__z) 4. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office io5. Procurement 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 OCTOBER 13,2020 Agenda Item Number 16.A.13 Approved by the BCC Type of Document CONTRACT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7781 AERO number if document is AERO GROUNDTEK GROUNDTEK to be recorded LLC LLC 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 10/13/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County i , an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approve "v is not BCC,all changes directed by the BCC have been made, and the document is r:4M . _. .Viption for Chairman's signature. A�, this line. OCT TIP 0 Risk Management 16A13 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT 20-7781 for Mowing Services THIS AGREEMENT, made and entered into on this 13 day of ociobtr 2020 , by and between Aero GroundTek LLC authorized to do business in the State of Florida, whose business address is 165 Cantiaque Rock Rd, Westbury, NY 11590-2826 , (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 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 ['Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request for Proposal (RFP) ❑■ Invitation to Bid (ITB) U Other ( )# 20-7781 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. n 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) I6A13 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 ■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A— Scope of Services attached hereto. 3.3 The procedure for obtaining Work under this Agreement is outlined 'in ❑ Other Exhibit/Attachment: 3-4 The County reserves the right to specify in each Request for Quotations: the period Price Methodology selected in 4.1. 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): n • satisfaction of the County's project manager before payment for the fixed price contract is authorized. n time spent by the contractor's employees and subcontractors to perform the work(number of hours times materials plus the contractor's markup). This methodology is generally used in projects in that the project requirements would most likely change. As a general business practice, of hours worked and billing rate by position (and not company (or subcontractor) n 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) I6A13 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. 4-4 I I : Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 D+r}nc $45-90 Airfare class fare Re44a4-Gaf standard size vehicles Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine • items will be paid only after Contractor has provided all receipts. Contractor shall be 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) S A Company Name: Aero GroundTek LLC Address: 858 Maguire Road Ocoee, Florida 34761 Authorized Agent: Attention Name & Title: Gregory Bori, Director of Operations Telephone: (407) 877-7473 E-Mail(s): Gregory@groundtek.com / Charles@groundtek.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.1) 16Ai3 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. n 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. E■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. Page 5of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CA-;'; A1. 3 a. ❑ liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not lees than $ each €-❑Cyb L' b'I'ty: Coverage shall have minimum limits of$ per claim. ❑ : 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.l) 16A13 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 Growth Management Department, 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, RFP/ 0 ITB/ Other tt , including Exhibits, Attachments and Addenda/Addendum, n subsequent •dotes, and Other Exhibit/Attachment: 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.1) 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 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 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 8 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.t) CAa I 6 A 13 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. ■ 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. ❑ will be of satisfactory material and quality production, free from defects, 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) 0 16A13 and payment by the County. , Deese - 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. requires any portion of the Work to be specifically inspected, tested or approved, and furnish to the County the required certificates of inspection, testing or approval. -Alt -brgenizations acceptable to the County. 27. UI 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.1) CAO II6A13 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. 0 KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project 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 the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16A13 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 rimed-se rT o ioes- 35. n 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. ORDER? OF RRECED precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 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 12of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CA i 6A 1 3 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. 0 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) 16A13 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 COUNTY, FLORIDA Comptroller, 0 By\. n- By: f4filf. e4e*e•16,4"- �'Y `tMf;� _ `7.1 Burt L. Saunders , Chairman (SEAL` Dated: Le - . a Aero Groundtek LLC Contti i3�I�S d111�4 . Contractor signature only. DBA Vhui 'O t a PA, By: Contractor's Fast Witness Signat (sltti --- t-n a- -92672/F7;•AtS 4j rr f'%, w l TType/print signature and titleT TType/print Vvitness nameT Con d Witness G1-e7S;s c -cce TType/print witness nameT Ap d a o For d gality: e C untiy Attopy ) -7 nn ame Agenda -'S/�j{C� Date �� "1 D ate (/�l�1,`�1 Page 1.4 of 17 Fixed Term Service Multi-Contractor Agreement 2017 008(Ver.I) Exhibit A I 6 A1 3 Scope of Services fit following this page (pages 1 through 5 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.]) 16A13 ITB#20-7781"Mowing Services" EXHIBIT A SCOPE OF SERVICES 1. MINIMUM REQUIREMENTS/EXPERIENCE The minimum requirements to perform services are outlined in solicitation#20-7781. 2. SCOPE OF SERVICES The intent of this contract is for mowing services in roadway medians, side right-of-way's, retention ponds, pond sites, swales, canals,or on other County maintained properties throughout Collier County. The Road Maintenance Division mowing cycles range from 2 Week,30 Day,and Bi-monthly,additional services for litter and debris removal,and other services. This contract is awarded on a Primary/Secondary/Tertiary per category basis.If the Primary Contractor cannot provide the requested services within the timeframe and requirements specified,the County may move to the Secondary Contractor. If the Secondary Contractor cannot provide the requested services within the timeframe and requirement specified, the County may move to the Tertiary Contractor. 3. SPECIFICATIONS Mowing unit prices are inclusive of labor,equipment,materials,weed eating,edging,trimming,hand weeding,blowing,litter/debris removal and disposal,and Maintenance of Traffic(MOT)where noted. The additional services line item in each category for litter and debris removal is a separate request when litter and debris removal is the only service being requested. See Mowing cycles, locations and acreage information attached. 3.1. Equipment: The Contractor shall have the following equipment to perform the services under this Agreement.There shall be adequate equipment to perform the services without downtime and delaying mowing cycles. The Contractor is required to find other means to have equipment available. The Contractor must routinely check, measure, balance, and sharpen mowing blades, ensuring quality mowing cuts. All equipment shall have safety devices installed by the manufacturer and during operational hours to prevent objects being ejected into traffic and to prevent injuries. Any equipment found to be deficient in safety devices,the Contractor shall request that the Contractor remove the equipment from service until the deficiency has been corrected. 3.1.1. Small Area Mowers(commercial grade)—used in areas such as,but not limited to,sidewalks and pathways,narrow shoulders, landscaped areas, narrow roadside ditch bottoms, raised landscaped median islands, are narrow width utility strips where intermediate and large mowing machines are not accessible. 3.1.2. Intermediate Area Mowers(commercial grade)-used in areas such as,but not limited to,shoulders,roadside ditch bottoms,raised median islands,various widths of utility strips where large machine mowers are not accessible,and it is not conducive to use small machine mowers. 3.1.3. Large Area Mowers (commercial grade)—large area mowing of shoulders, front and back slopes, roadside ditch bottoms,large median islands. 3.1.3.1. Mowers shall have a minimum of four (4), fifteen-foot (15'), batwing mowers, or the equivalent to adequately complete mowing cycles within the work service period. 3.1.3.2. All large area mowers shall be equipped with the following:slow-moving vehicle sign located at the mower rear;one(1)flashing amber light or one(1)white strobe light mounted on the equipment,and it must have minimum visibility of one(1)mile and operational during mowing; and eighteen-inch(18")square,high visibility orange, warning flags mounted on each mowing deck that is appropriately placed, so the operator's vision is not impaired when mowers are operational. 3.1.4. String Trimmers(Weed Eaters)-the reduction of vegetation from roadside obstacles shall be done with mechanical trimming equipment each time a site is mowed and,in all areas,that the mowing equipment is not accessible. 3.1.5. Mechanical Edger—Edging performed at Arterial and Collector roads as needed to keep curbs and sidewalks weed- free. Perform edging with rigid blade edging equipment or manual hand edger,leaving a clean straight edge no more than one-inch(1")back from curbs and walks. 3.1.6. Blowers—removal of debris from hardscape areas away from traffic and storm drains following mowing operations. Page 1 of 5 Exhibit A-Scope of Services 3.1.7. Slope Mower or Arm-must have the ability to mow on slopes of 0°-31°degrees. 3.1.8. Traffic Control Sims — The Contractor shall have warning signs the read "Mowers Ahead." Signs must meet MUTCD specifications and place them in the right-of-way facing each lane of traffic in both directions. Signage shall be placed at the beginning and ending limits of the work area. 3.1.9. Arrow Board-that provides maximum visibility for traffic direction through work zones. 3.1.10. Traffic Cones-must meet the requirements of MUTCD. 3.1.11. Support Vehicles-used for the mowing operations shall be equipped with a revolving or strobe light and marked with the Contractor's business name, business phone number, and the County license number on both driver and passenger doors at the Contractor's expense. 3.2. Mowing Services:The mowing specifications are outlined below.Mowing services include litter and debris removal,edging behind curbs, hand pulling weeds, string trimming around all signs, mailboxes, fire hydrants, drainage structures, utility boxes/poles,guardrail posts,mowing areas behind guardrails,where mowers are inaccessible,the Contractor shall string trim to appropriate mowing heights.Provide services in full compliance of all applicable laws,rules, authorities, and regulations as required by local,state,and federal. 3.2.1. Mowing areas include medians, ROW, retention ponds, pond sites, ditches, swales, canals, and County-owned or maintained property that may consist of non-ROW property. 3.2.2. When mowing within four(4) feet of the travel lane, operate the equipment in the same direction as traffic flow, unless the adjacent lane is closed to traffic.Mowers may operate in either direction when mowing more than four(4) feet from the travel lane. Parked equipment can be left overnight in the ROW outside the clear zone.Do not leave equipment in medians overnight. Service vehicles are prohibited in the medians except to remove disabled equipment. 3.2.3. Avoid mowing wet grass,operating mowing equipment with dull blades,or mowing at high speeds causing the grass to be torn or laid over. 3.2.4. No herbicides shall be used under this Agreement;they are strictly prohibited. 3.2.5. Weeding is by hand removal or string trimming each time a site is mowed,in all areas where mowing equipment is not accessible. Weeding areas include, but not limited to, sidewalks, asphalt, around guardrail bases, tree grates, curb joints,and median paver tips. 3.2.6. Mowing services shall start AFTER all litter and debris has been removed. If mowing services result in litter and debris being shredded(confetti),due to the Contractor's failure to remove the debris and litter before mowing,the Contractor is liable to remove the debris immediately or return to the site within 24 hours to remove the shredded debris. 3.2.7. Water in swales where vegetation and weeds are protruding above the water, the Contractor shall reduce the vegetation height to 12" above the waterline or as directed by the Division. Mowed vegetation should be directed away from the water,and it is not authorized to remain piled up. 3.2.8. Dry retention mowed height must not exceed eighteen inches(18").Areas holding water,the Contractor shall restrict mowing with a ten-foot(10')buffer from the water's edge.Mowing clippings shall be directed away from the water and not allowed to remain piled up. 3.2.9. Wet retention(ponds)mowing that is within ten feet(10')from the water's edge at the time of mowing,vegetation must be greater than 6 inches in height.Mowing clippings shall be directed away from the water and not allowed to remain piled up. 3.2.10. On the initial cutting cycle, mowing shall start at one end and proceed continuously toward the opposite end. Subsequent cycles will follow the pattern adopted from the first cycle unless the Division Representative authorizes a change to the pattern. 3.2.11. Mowing shoulders and medians shall progress concurrently within the limits of the area being mowed so that not more than one(1)mile will be left partially mowed at the end of the working day.The cutting of grass and vegetation on slopes or around objects using hand tools shall also progress concurrently with the mowing operation. 3.2.12. At the end of each working day,all required mowing should be completed within the longitudinal limits worked.No more than one(1)mile may be left partially mowed. 3.2.13. Each cutting cycle shall be completed in its entirety before new work issuance. 3.2.14. The Division Representative may cease mowing services if the grass is saturated with water;It shall be the Division's discretion that the vegetation is cut to the water surface utilizing hand labor or other equipment. Ditch bottoms or low-lying areas that can be mowed without damaging turf or leaving ruts will be added to the cycle by the Division Representative. Grass that has grown to a level that appears to be outside the established mowing limits shall be mowed when directed. 3.2.15. With each mowing cycle,the Contractor's crew(s) shall string trim around signposts and bases, delineator posts, Page 2 of 5 Exhibit A-Scope of Services 1 6 A 13 fence lines, steel beam guardrails and posts, bridge and abutments, barrier walls, end walls, pipes, mitered ends, drainage structures,poles,guys(guy-wires),mailboxes,landscape plantings,trees,and all other obstacles to provide a neat and even appearance to the entire site. String trimming grass shall be at the same height as finished mowed areas. 3.2.16. With each mowing cycle, mechanical edge sidewalk edges, back of concrete curbs, pavers, utility service boxes, streetlight bases,signposts,headwalls,guardrails,timer pedestals,posts,manholes,and other obstacles that require edging equipment. 3.2.17. All locations shall be entirely cut with each mowing cycle. There are no partial cuts or partial payments unless expressly agreed to by both parties before the partial mowing. If the Contractor fails to complete a cycle within the timeframe provided by the Division Representative, a non-performance penalty of five percent(5%)may apply to the entire mowing cycle acreage total. 3.2.18. Mow within one to two feet(1' —2')of the waterline, tree line, fence line, or ROW line to the extent of batwing mowers reach as conditions allow. Mow all other ROW areas, including steep slopes and wet areas within one to two feet(1'—2'). 3.2.19. The slope or arm mower is required for mowing locations on a slope or deemed unsafe for a conventional style mower. Slope area types include but are not limited to,steep slopes,roadside ditch sides,and bottoms,canal banks, intersections,overpasses,etc. The slope mowing ratio is 1:3 or less. 3.2.20. There shall be no"scalping."The Contractor is solely responsible for repairing and paying for damages. 3.2.21. Following mowing,edging,weeding,and string trimming,the surrounding areas shall be clear of grass clippings, leaves,debris,litter from roadways,bicycle pathways,sidewalks,curbs,gutters,and other hardscapes in the right- of-way. A two-foot(2')wide area measured from the face of the curb and gutters,including turn lanes and medians,shall be cleaned or cleared on each cycle to remove any accumulation of any debris or growth to maintain a neat and safe condition. Do not leave large clumps of grass clippings in the median roadways,mowing areas,or on sidewalks or pathways. Roadways,parking lots,curb and gutter,sidewalks,and bike paths shall be blown free of grass clippings and debris. Do not direct debris or litter into storm drains,ditches,conveyances,water bodies, roadways,or any other impervious surfaces. All curbs and hardscapes in the mowing areas are to be cleaned of debris with each visit. 3.3. Service Type/Cycle: Mowing cycles are dependent upon seasonal conditions and budgetary limitations and may be increased and decreased as deemed necessary. Collier County reserves the right to add or delete mowing acreages and locations,increase or decrease mowing cycles,and suspend mowing cycles. These changes may be due to seasonal conditions,lot developments, environmental conditions,construction,land ownership,or other extenuating circumstances. 3.3.1. Category A. Large Machine Mowing with MOT: includes,but not limited to,ROW,shoulders,slopes,ditches,large median islands,and stormwater retention areas. 3.3.1.1. Mowing cycles include 30 Day Rural(monthly)or Bi-Monthly(every other month). 3.3.1.2. Mow to the established limits and the water's edge,if applicable. 3.3.1.3. Rural mowing cut height shall not exceed five-inches(5"). 3.3.1.4. Mower cutting widths are 72 inches and above. 3.3.1.5. The equipment shall have the capability to adjust cutting heights to four inches(4")up to 12 inches. 3.3.2. Category B. Small&Intermediate Mowing with MOT: includes,but not limited to,areas inaccessible by wide-area mowing equipment.The areas may consist of shoulders,narrow shoulders,sidewalk shoulders,landscape shoulders, roadside ditch bottoms,narrow roadside ditch bottoms,raised curb median islands,raised landscaped median islands, guardrail areas,various widths of utility strips,and similar areas. 3.3.2.1. Mowing cycles include 2 Week Urban and 30 Day Urban. 3.3.2.2. Small machine mower widths are 12 inches to 23 inches,and intermediate machine mower widths are 24 inches to 83 inches. 3.3.2.3. Grass heights are no less than three and one-half inches(3-1/2")and shall not exceed five inches(5"). 3.3.3. Category C.Aquatic Small&Intermediate Machine Mowing with MOT:includes,but not limited to,areas inaccessible by wide-area mowing equipment in and around aquatic areas. 3.3.3.1. Mowing cycles include 2 Week Aquatic and 30 Day Aquatic. 3.3.3.2. Grass heights are no less than three and one-half inches(3-1/2")and shall not exceed five inches(5"). 3.3.4. Category A—C.Additional Service: Litter and Debris Removal: A separate line item to allow County Staff to request services for litter and debris removal. Please note: this line item is not in conjunction with mowing services;those services include litter and debris removal in the unit price. The additional service is a stand-alone line item. Page 3 of 5 Exhibit A-Scope of Services I 6 A 3 3.3.4.1. Litter and debris removal includes,but not limited to,cans,bottles,paper,junk,garbage,tires,tire treads, lumber,vehicle parts,metal,brush,and sand/dirt accumulation along curbs,pathways,or catch basins.The Contractor shall be responsible is removing the litter and debris,haul-away,and proper disposal. 3.3.5. Category D. Other Services: These services are not on a cycle, and they may be requested"as needed"by County divisions. 4. GENERAL INFORMATION 4.1. Initial Site Visits: Before the Contractor begins work,the Contractor and County Representative,shall meet on-site to identify the work areas and limits,maintenance responsibilities,expectations,and to discuss any relevant issues. 4.2. Contractor's Work Schedule:The Contractor shall provide work schedules before starting work;THIS IS A MANDATORY REQUIREMENT.Work schedules are Monday through Friday when County offices are open unless approved by the Division. The schedules must include service dates,times,and locations. If the contractor changes the work schedule from what was initially submitted,they shall immediately notify the Division Representative. 4.3. Damages: The Contractor shall take precautionary measures to prevent damages with property or objects. Any damages to signs,guardrails,mailboxes,fire hydrants,drainage structures,utility boxes,curbs,gutters shall be reported by the Contractor to the County Representative in writing via email within 24 hours.The Contractor shall report stop sign damages to the County Representative immediately by phone call and then followed up in writing and sent via email. Any damages by the Contractor's crews shall be repaired or replaced at the sole expense of the Contractor within 14 calendar days from when damaged occurred,or at a schedule agreed upon by the Division Representative. It shall be the Division's discretion to withhold estimated repair costs from an invoice until repairs are completed and accepted by the Division Representative. 4.4. Delays: The Contractor shall notify the Division Representative for inclement weather delays immediately via phone call. 4.5. Operational Hours: Services are in daylight hours no earlier than 7:00 am,and crews may work up to dusk hours;Monday through Friday when County offices are open;unless the Division Representative approves different hours and days. 4.6. Maintenance of Traffic (MOT): Contractor must have valid Maintenance of Traffic or Temporary Traffic Control, Intermediate Level certification to perform services under this Agreement. 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. 4.6.1. MOT is required for the safety and protection of the Contractor's employees and motorists during the performance of services in the ROW and medians. 4.6.2. Contractor's sole responsibility for safety in the work zone. 4.6.3. MOT shall conform to the latest edition of the FDOT,Design Standards,600 series,and The Manual on Uniform Traffic Control Devices(MUTCD) 4.6.4. The Contractor or sub-contractor will be required to have current FDOT approved MOT Intermediate Level Certification for FDOT,Design Standards,600 series for work in ROW medians and roadways. 4.6.5. The Contractor's employee responsible for the setup and maintenance of the traffic control plan shall possess FDOT approved certification in their name, and they must be readily available within twenty (20) minutes of the initial contact for work zone safety issues. 4.7. Payment Measurement Methods:The unit of measure for all line items is by acre. 4.8. Inspections(if applicable):On-site inspections may occur randomly by the Division Representative while the Contractor is performing services. The Division shall issue a mowing location spreadsheet for each cycle before service commencement; the spreadsheet has the site areas,site descriptions,and mowing acreages. The Contractor shall complete and email the spreadsheet for each completed cycle within 48 hours for inspections. It shall be submitted with the invoice as backup. 4.9. Vehicles&Trailers Markings:The Contractor shall have vehicles and trailers displayed with the Contractor's business name and phone numbers during working hours. 4.10. Key Personnel: The Contractor shall provide the Division with key personnel as a point-of-contact that is readily available while services are being performed. Page 4 of 5 Exhibit A-Scope of Services Cti0 16A13 4.10.1. Key Personnel Contact information must be provided to the County Representative at the contract kick-off meeting. It must include email addresses,business,and cellular phone numbers. 4.10.2. Contractor employees must be English speaking and be able to communicate with County Staff effectively. 4.10.3. If essential personnel is absent, the Contractor shall immediately notify Division with substitution personnel providing their names and contact information via email. 4.10.4. The Division reserves the right to remove key personnel from the contract that fails to communicate with staff. 4.11. Meetings: Either party may request meetings throughout the contract term, and it may require mandatory attendance. There are no additional costs to the County for these meetings. 4.12. Compensation:Payment approval for invoice submissions must be accurate and complete with details for services performed or commodities purchased. Invoices for completed services shall be submitted to the Clerk of Courts, Finance Division (BCCAPCLERK(a,collierclerk.com),within seven(7)calendar days. 4.12.1. Division Representative shall review invoices for services rendered. 4.12.2. Division Representative shall reject invoices that are inaccurate and without required backup documentation. 4.12.3. At a minimum,invoices must include the Division Name,Contract Number,Purchase Order Number,Work Order Number(if applicable),Service Details(line item numbers and descriptions). Page 5 of 5 Exhibit A-Scope of Services 0 1 6 A 1 3 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) (c V`r I6. A1 ITB#20-7781 "MOWING SERVICES" EXHIBIT B FEE SCHEDULE AERO GROUNDTEK LLC Aero Groundtek will serve as the Secondary Contractor for Categories B, C& D Aero Groundtek will serve as the Tertiary Contractor for Category A TERTIARY Item Category A.Large Machine Mowing w/MOT UNIT PRICE PER ACRE 1 Bi-Monthly $ 25.00 2 30 Day Rural $ 25.00 3 Additional Service: Litter Pickup&Debris Removal w/MOT $ 5.00 4 N/A SECONDARY Item Category B.Small&Intermediate Machine Mowing w/MOT UNIT PRICE PER ACRE 5 30 Day Urban $ 64.75 6 2 Week Urban _ $ 64.75 7 Additional Service: Litter Pickup&Debris Removal w/MOT $ 5.00 8 N/A SECONDARY Item Category C.Aquatic Small&Intermediate Machine Mowing w/MOT UNIT PRICE PER ACRE 9 30 Day Aquatic $ 64.75 10 2 Week Aquatic $ 64.75 11 Additional Service: Litter Pickup&Debris Removal w/MOT $ 5.00 12 N/A SECONDARY Item Category D. Other Services-No Maintenance of Traffic UNIT PRICE PER ACRE 13 Small Machine Mowing (Over 2 acres) $ 64.75 14 Large Machine Mowing (Over 2 acres) $ 25.00 15 Small Machine Mowing(Less Than 2 Acres) $ 64.75 16 Large Machine Mowing(Less Than 2 Acres) $ 25.00 17 Additional Service: Litter Pickup&Debris Removal $ 10.00 18 N/A Pricing shall remain firm for the initial term of this contract Mowing unit prices are inclusive of labor, equipment, materials,weed eating,edging,trimming, hand weeding, blowing, litter/debris removal and disposal, and Maintenance of Traffic(MOT)where applicable. I 6 A 1 3 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) ACc® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/Y,.Y) `,..-/' 09/03/2020 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(ies)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 Liz Hotopp NAME: Brown&Brown of Florida,Inc. PHONE (407)660-8282 FAX (407)660-2012 (A/C,No,Eat): (A/C,No): 2290 Lucien Way E-MAIL Ihotopp@bborlando.com ADDRESS: Suite 400 INSURER(S)AFFORDING COVERAGE NAIC# Maitland FL 32751 INSURER A: Greenwich Insurance Co. 24112 INSURED INSURER B: XL Specialty Insurance Company Aero Groundtek,LLC INSURER C: North River Insurance 21105 858 Maguire Road INSURER D: Everest National Insurance Co. 10120 INSURER E: IOcoee FL 34761-2916 INSURER F: . COVERAGES CERTIFICATE NUMBER: CL2041323325 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD, POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,DAMAGE T000 RENTE CLAIMS-MADE X OCCUR PREMISESO(Ea occur ence) $ 500,000 MED EXP(Any one person) $ 5,000 A Y NGL-1003417-00 04/03/2020 04/03/2021 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B )/ OWNED SCHEDULED Y NBA-1003418-00 04/03/2020 04/03/2021 BODILY INJURY(Per accident) $ /, AUTOS ONLY AUTOS X HIRED ONLY AUT X NON-OOWNESONLY D PROPERTY DAMAGE (Per accident) $ AU X PIP$10,000 Uninsured motorist CSL $ 100,000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C X EXCESS LIAB CLAIMS-MADE 582-114043-8 04/03/2020 04/03/2021 AGGREGATE $ 10,000,000 DED X RETENTION$ 0 *General Agg Per Proj $ WORKERS COMPENSATION X STATUTE EOTH AND EMPLOYERS'LIABILITY Y/N 500 000 D ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA SWSWC00198-201 04/03/2020 04/03/2021 E.L.EACH ACCIDENT $ , OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Rented/Leased $135,000 Inland Marine B Contractors Equipment UM00084525MA20A 04/03/2020 04/03/2021 Limit of Liability $1,614,862 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:20-7781 Mowing Services Collier County Board of County Commisioners is granted additional insured status by the General Liability policy on a primary non-contributory basis with regards to the operations of the named insured when required by written contract or agreement. Collier County Board of County Commisioners is granted additional insured status by the Auto Liability policy on a primary basis with regards to the operations of the named insured when required by written contract or agreement. Excess Liability Policy follows form over the Workers Compensation policy shown. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commisioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E Suite C-2 AUTHORIZED REPRESENTATIVE PRODUCING AGENT Naples FL 34112 l f' J I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: AC9RD ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Brown&Brown of Florida,Inc. Aero Groundtek,LLC POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes "Pollution Liability** Policy#G71801226001 Effective 4/15/2020-4/15/2021 Westchester Surplus Lines Insurance Co. Pollution Liability-Policy Aggregate$4M;Contractors Pollution Liability$2M,Deductible$5,000 each Pollution Condition ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD