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#21-7903 (Earth Tech Environmental, LLC)
FIXED TERM SERVICE AGREEMENT # 21-7903 for Preserve Area Maintenance THIS AGREEMENT, made and entered into on this o12 day of NAO\`(C.)\ 20 22 , by and between Earth Tech Environmental LLC. authorized to do business in the State of Florida, whose business address is 10600 Jolea Avenue, Bonita Springs, FL 34135 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESS ETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing IN upon the date of Board approval; or H 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) I-I U # 21-7903 , 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 Agreement 2022_Ver.1 CAO 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. 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): • transferred from the County to the contractor; and, as a business practice there are no is-authorized. ■I Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ICI 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). 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. Page 2of17 Fixed Term Service Agreement 2022_Ver.1 CAO 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4,5 . Travel—arid Mileage $0-4 e re kfast $6.00 Dinner $4-9-00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard size vehicles Ledging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limoucinc • 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: Company Name: Earth Tech Environmental LLC. Address: 10600 Jolea Avenue Bonita Springs, FL 34135 Authorized Agent: Donn J. Brown Attention Name & Title: Telephone: (239) 304-0030 E-Mail(s): Donnb@eteflorida.com Page 3 of 17 Fixed Term Service Agreement 2022_Ver.1 CA 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 Name: Barry Williams Division Director: Parks and Recreation Division Address: 15000 Livingston Road Naples, FL 34109 Administrative Agent/PM: Jeffrey Newman Telephone: (239) 252-4029 E-Mail(s): Jeffrey.Newman@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. 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 Page 4 of 17 Fixed Term Service Agreement 2022_Ver.1 CAO 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 sole judge of the 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. • 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 $ 1,000,000 for each accident. a- u this insurancc. Such insurance shall have limits of not less than $ each ❑fiber Liability: Coverage shall have minimum limits of$ per claim. �- ❑ minimum limits of$ per claim. Page 5 of 17 Fixed Term Service Agreement 2022_Ver.I CAO GT' ❑ minimum limits of$ per claim/Occurrence. 1- ❑ minimum limits of$ per claim/Occurrence. 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. 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 Page 6 of 17 Fixed Term Service Agreement 2022_Ver.1 CAo 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 Parks and Recreation 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/❑ Othcr #21-7903 , including Exhibits, Attachments and Addenda/Addendum, ❑ sulasequeht quetesrand 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 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 Page 7 of 17 Fixed Term Service Agreement 2022_Ver.I Records Law Chapter 119, if applicable, 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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(a7colliercountvfl.gov 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 Agreement 2022_Ver.1 Cq0 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. n 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. (TWA • Page 9 of 17 Fixed Term Service Agreement 2022_Ver.I particular sen,icc. These warranties shall survive inspection, acceptance, passage of title and payment by the County. the Contract Documents shall be applied, installed, connected, erected, used, cleaned Documents, • If, within one (1) year after fine • of such replacement or repair. 26. n 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. ❑■ 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 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 foresees as a result of the change. Except in an emergency endangering life or property, Page 10 of 17 Fixed Term Service Agreement 2022_Ver.l 040 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. this project shall be knowledgeable in thcir areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent • • • 'Re-set140h Page 11 of 17 Fixed Term Service Agreement 2022_Ver.1 1j n 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. 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. Executive Summary, the terms of the Agreement shall take precedence over the terms of precedence over the Agreement. To the extent any conflict in the terms of the Contract obligation underthe 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 12 of 17 Fixed Term Service Agreement 2022_Ver.1 C/4O 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. n 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 Agreement 2022_Ver.1 n4 n 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 the Circuit COLLIER COUN , FLORIDA Court and Comptroller By 1314111O'C.. By: '�gy�pp ,,,,t(�, Willi L. McDaniel,Jr. 4ai! an Dated: r� s;Clialrman's Earth Tech Environmental LLC. Contractor's Witnesses: Contractor By: Contractor's First VVitneis S nature ONI<) BIZOWO 1L- DE &I'J12,evv OiStALC-)-f TType/print signature and titlee tType/print witness name Contractor's Second Witness M t c c,,L,E atASS u TType/print witness namet Appro a as to Form and Legality: n* aunty Attorney aR ! Vdt Print Name 601v Page 14 of 17 Fixed Term Service Agreement 2022_Ver.I Exhibit A Scope of Services ❑■ following this page (containing 2 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement 2022_Ver.I C. 'in Request for Proposal (RFP)# 21-7903 "Preserve Area Maintenance" EXHIBIT A SCOPE OF SERVICES The citizens of Collier County,through the Conservation Collier Program,currently own 4,345 acres in 21 different locations. Thirteen locations are currently open to the public. Program staff are working to make the majority of lands accessible to the public,with two preserves designated for resource protection due to lack of safe physical access. Conservation Collier is an integral component of the community planning and growth management strategies working in Collier County to preserve native habitat and species and to protect quality of life for citizens and visitors. An interactive preserves map can be located at the following link: https://www.arcgi s.com/apps/Shortl ist/index.html?appid=42fa2fbacacd45c08b823765 aa8fbd77. On occasion, Collier County requires mowing and debris removal services within environmentally sensitive preserve and nuisance vegetation areas. The County is seeking preserve area maintenance services which include,but are not limited to, mowing,bush-hogging,and litter/debris removal.The specifications stated herein are intended to provide the information by which Contractors may understand the minimum requirements of Collier County. It is the responsibility of the awarded Contractor to adhere to all State,Federal and Local laws and regulations. 1) SCOPE OF WORK DETAIL For all work,the Contractor shall provide all labor(qualified personnel),material,supplies,and equipment to perform the required services, including but not limited to, mowing, bush-hogging, and litter/trash removal following all minimum specifications and requirements stated herein. Minimum qualifications for contractors providing vegetation clearing in Collier County Preserve Areas is as follows: • Ability to achieve optimal results with a minimal amount of ground disturbance by properly utilizing low ground pressure equipment(avoid aggressive turns,use equipment only where specified,etc.). • Experience working in preserve areas where listed species occur. • Knowledge of natural areas. • Experience reading aerial maps of a site. • Knowledge of Florida plant species. • Knowledge of Florida wetland and upland ecosystems. • Knowledge of proper identification and protection of gopher tortoise burrows and Florida listed species. • Experience de-contaminating invasive,exotic spores,seeds,grasses from machinery. • Experience keeping a proper distance from Ecotones. • Understanding of machine ground pressures,root systems of trees,and drip lines. a) General Requirements: In all cases,prior to each operation,the Contractor shall pick up all litter and vegetative debris, and remove it from all areas specified, to ensure clean conditions. The Contractor shall cleanup sites in such a manner to avoid bumping, girdling, and/or causing any other damage to trees,shrubs, plants,fences,and benches. b) Initial Site Conditions: Contractor shall have the sole responsibility of acquainting themselves concerning the nature and location of the work and the general and local conditions, and particularly, but without limitation, with respect to the following: physical conditions at the work site and the project area as a whole.The failure of the Contractor to familiarize themselves with any applicable conditions shall not relieve Contractor from their responsibilities to perform under this Agreement,nor shall it be considered the basis for any claim for additional compensation. c) Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to complete the jobs,who is familiar with the terms and conditions of the Agreement and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Agreement. If the designated Page 1 of 2 Exhibit A—Scope of Services GQ,0 Request for Proposal (RFP)# 21-7903 "Preserve Area Maintenance" Supervisor is not acceptable to the County, the Contractor will be notified in writing and shall assign a new Supervisor within seven(7)calendar days of the County's notification. All communication,written or oral,shall be solely in the English language. d) Contractor Equipment: The Contractor shall provide all equipment to perform requested services,including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain saws, bush-hogging equipment,etc. The Contractor shall keep all blades sharpened to provide a smooth, clean-cut. e) Scheduling Services: The Contractor shall start the work after issuance of a valid Purchase Order. Completion dates for each work assignment will be specified in the County's request for services. The Contractor shall take every precaution to ensure the safety of all citizens and animals on and around the subject property during operations. fj Site Work Hours: Regular work shall take place between the hours of 7:00 AM and 7:00 PM,Monday through Saturday, unless preempted by scheduled activities. g) Mowing Conditions: The Contractor shall use mowing practices so as not to create ruts in the soil.The Contractor shall be responsible for repairing any ruts caused by their machines at no additional costs to the County. The Contractor shall not mow under conditions wet enough to result in damage to soil or unsafe mowing conditions for the Contractor. h) Preserve Nuisance Vegetation Removal Specifications: Mechanical nuisance vegetation removal in these instances will include,but not be limited to,mowing large stands of invasive,exotic species;mowing firebreaks and/or trails;and reducing understory before prescribed burns.If a Contractor will not be using the RC-100 Posi- Track Rubber Track Loader equipped with a GyroTrac Toma-Ax 500HF High-Flow Cutter Head,the Contractor will need to provide specifications to any comparable machinery. i) Litter and Debris Removal: Includes, but is not limited to, clean-up, removal, proper disposal of white goods, cars,trucks,grills,tires,scrap metal,or any other item large item as defined by the Division. j) Miscellaneous Preserve Maintenance Services: Additional maintenance services may include such services as grinding and removing stumps and mulching. k) Reports and Invoicing: The Contractor shall submit the invoice for payment after completion of the work. The Contractor may be required to conduct on-site inspections with the County's Representative on an as-needed basis to verify satisfactory completion of Contractor's work requirements. Page 2 of 2 Exhibit A—Scope of Services Exhibit B Fee Schedule following this page (containing pages) Page 16 of 17 Fixed Term Service Agreement 2022_Ver.1 C10 Request for Proposal (RFP)# 21-7903 "Preserve Area Maintenance" EXHIBIT B FEE SCHEDULE EARTH TECH ENVIRONMENTAL LLC. Equipment/Personnel Rate Unit CAT Skid Steer with attachments $220.00 Hourly Kubota Skid Steer with attachments $220.00 Hourly M7040 Tractor w/6ft Bush Hog Mower $125.00 Hourly M7040 Tractor w/6ft Finish Deck $125.00 Hourly 4x4 Swamp Buggy $500.00 Day 50 Yard Grappled Truck $500.00 Per Load 30 Yard Dumpster Disposal Fee $450.00 Per Load Cut Stump Herbicide Product and Application $35.00 Hourly Stump grinder 60 HP on tracks $126.50 Hourly Chip Truck and Chipper-2 person crew $205.25 Hourly 1 Yd Wheel Loader $104.50 Hourly Arial Lift 50'-65' $137.50 Hourly Chainsaw Operator $30.00 Hourly Laborer $25.00 Hourly Rates shall remain the same for the initial term of the contract. Page 1 of 1 Exhibit B—FEE SCHEDULE CPS Other Exhibit/Attachment Description: ❑ following this page (containing pages) (� this exhibit is not applicable Page 17of17 Fixed Term Service Agreement 2022_Ver.1 C�n A O CERTIFICATE OF LIABILITY INSURANCE DATE(M YY MIDD/YY► _ 02111/2023 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(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(st. PRODUCER CONTACT Jessica Martin Smith Insurance&Bonds NAME 5260 Summerlin Commons Way Suite 302 No,Est (239)243-9729PHONE tto);(239)791-1074 Fort Myers, FL 33907OREis,_ JMartin-AFLSuretyBonds.com _ License#: L057101 INSURER(S)AFFORDING COVERAGE NAICS INSURER A: Evanston Insurance Company 35378 INSURED INSURER B: Traveler;Casualty and Surety Company of Amer Earth Tech Environmental, LLC INSURER C: Liberty Mutual Holding Company Inc, _ 10600 Jolea Avenue INSURERD: $tarStone National Insurance Company__ Bonita Springs, FL 34135 INSURERS: EvanStolLlnsurance Company INSURER F: COVERAGES CERTIFICATE NUMBER: 00000079-613887 REVISION NUMBER: 88 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 1 ADDLTYPE OF INSURANCE INSD SUER POLICYYY WDD(EXP LTR INSO WYD POLICY NUMBER 1MM+Dp1YYYY1 IMM/ODrYYYYI MISTS A X COMMERCIAL GENERAL LIABILITY Y , BKS(22)63 35 13 72 06/02/2021 06/02/2022 EACH OCCURRENCE i 1,000,000 CLAIMS-MADE X OCCUR • PREMISES M SEAGE S EaaO E�i RENTED i 100,000 — MED EXP(Any one person) $ 16,000 PERSONAL&ADV INJURY i 1,000,000 GEN'L AGGREGATE UNIT APPLIES PER: I GENERAL AGGREGATE i 2,000,000 POLICY X JE C LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: i B AUTOMOBILE LIABILITY BA-0R137311-20-42-G 06/02/2021 06/02/2022 COOMBINDSSINGLELIMIT $ 1,000,000 X I ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) S I AUTOS ONLY AUTOS HIRED I NON-0WNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY .Per accident, i PIP a 10000 C X UMBRELLA LI" X OCCUR USO(21)61 40 82 58 06/02/2021 06/02/2022 EACH OCCURRENCE S 2,000,000 EXCESS LIAB cwMS.W,Z F AGGREGATE S 2,000,000 DED RETENTIONS pTH S D AND EMPLOYER LIABILITY WORKERS COMPENSATION T10190928 06/02/2021 0Q/02/2022 X 1 STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT ; 1,000 000 OFFIC(Mandatory ER EXCLUDED? Q N IA E.L DISEASE-EA EMPLOYEE i 1,000,000 (Mandatory In NH) It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UNIT $ 1,000,000 C 'Inland Marine BKS(22)63 3513 72 06/02/2021 08/02/2022 Equipment PER SCHEDULE E E&O MKLV2ENV102541 11/30/2021 11/30/2022 Occ/Agg 1,000,000/2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) The Certificate Holder is listed as an additional insured on the GeneralLiability per form CG 85 83 0413,including ongoing, products and completed operations per form CG85 83 04 13.Primary and non-contributory and Waiver of Subrogation on the general liability applies per form 8810 0413.Additional Insured applies to the automobile liability per AC CA FO 79 0817 including a waiver of subrogation.A waiver of subrogation applies to Workers Comp Per Form WC 00 0313. 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 Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail E. Naples, FL 34112 AUTHORVJIDNINIMIWITATNE (JJM) ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by JJM on 02/11/2022 at 09:33AM AGENCY CUSTOMER ID: 00000079 LOC#: A ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED Smith Insurance&Bonds Earth Tech Environmental, LLC POLICY NUMBER N/A CARRIER NAIL CODE Multiple Carriers EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Collier County Board of County Commissioners OR Board of County Commissioners In Collier County OR Collier County Government OR Collier County included as an additional insured under the captioned general liability and auto liability policies on a primary and non-contributory basis if and to the extent required by written contract Contract#20-7768 Collier County Comprehensive Watershed Improvement Project(CW1P)Monitoring Service. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by JJM on February 11,2022 at 09:33AM CERTIFICATE COVERAGES OVERFLOW DATE(MM/OD/YYYY) 06/01/2021 PRODUCER INSURED Smith Insurance & Bonds Earth Tech Environmental, LLC 5260 Summerlin Commons Way Suite 302 10600 Jolea Ave Fort Myers FL 33907 Bonita Springs FL 341356797 CONTACT NAME: PHONE(A/C,No,Ext): PHONE(A/C,No,Ext): Matthew T Smith (866) 976-21E5 (239) 304-0030 ADDITIONAL COVERAGES CERTIFICATE NUMBER:Cart ID 1493 REVISION NUMBER: INSR ADDL SUBR POLICY EFF POLICY EXP LTR I TYPE OF INSURANCE INSR WVO POLICY NUMBER (MM/DD/YYYY( ; (MM/DD/YYYY) --- UMITS A Errors and omissions BKS(22)63 35 13 72 06/02/2021 06/02/2022 Aggregate $ 2,000,000 $ $ $ $ $ Certificate Coverages Overflow(11/2010) Page 2 of 2 MiguelVanessa From: GonzalezGreily Sent: Friday, February 11, 2022 12:25 PM To: MiguelVanessa Cc: Contracts;ZimmermanSue; ReynosoAna;AbreuLeisy; OQuinnPatrick Subject: RE: COI in Compliance: 21-7903 "Preserve Area Maintenance" (Earth Tech Environmental) Attachments: 21-7903 Insurance Requirements.pdf; 21-7903 Insurance_EarthTech.pdf Hi Vanessa, The COI is in compliance. Thank you. Respectfully, Greily Gonzalez, ARM Manager, Risk Finance a Co er County Risk Management Division 3311 Tamaimi Trail E, Bldg D, Naples, FL 34112 Ph:239.252.8914 Fax: 239.252.8048 NOTE:Email Address Has Changed PROMLY SIRING COLUER COUNTY SINCE 2011 Take the Risk Management Customer Survey Please use your iPhone to access the below QR Code. Aim at it as if you were taking a picture of it; the Survey link will pop up. Clink on the link to access the survey! ❑ '.;�.�0 TAKE THE SURVEY From: MiguelVanessa <Vanessa.Miguel@colliercountyfl.gov> Sent: Friday, February 11, 2022 11:49 AM To: GonzalezGreily<Greily.Gonzalez@colliercountyfl.gov> Cc: Contracts<Contracts@colliercountyfl.gov>; ZimmermanSue<Sue.Zimmerman@colliercountyfl.gov>; ReynosoAna 1 12/6/21, 12:56 PM Detail by Entity Name DIVISION OF CORPORATIONS Jlvnioi r of .5ity. ,/y,.org ri J PDP/Afr'r 111) �l�_ a illi�iul ?Irur ul l•7„ridrr 1:41'ar Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company EARTH TECH ENVIRONMENTAL LLC. Filing Information Document Number L06000048927 FEI/EIN Number 20-4894676 Date Filed 05/11/2006 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 12/22/2017 Event Effective Date NONE Principal Address 10600 JOLEA AVENUE BONITA SPRINGS, FL 34135 Changed: 12/21/2017 Mailing Address 10600 JOLEA AVENUE BONITA SPRINGS, FL 34135 Changed: 12/21/2017 Registered Agent Name&Address BROWN, DONN J 309 TURNBURY WAY NAPLES, FL 34110 Address Changed: 05/09/2016 Authorized Person(s)..Detail Name&Address Title MGR BROWN, DONN 309 TURNBURY WAY NAPLES, FL 34110 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=EARTHTE... 1/2 12/6/21, 12:56 PM Detail by Entity Name Title MGR STERK, JEREMY 614 111TH AVE. NORTH NAPLES, FL 34110 Annual Reports Report Year Filed Date 2019 01/29/2019 2020 01/21/2020 2021 01/11/2021 Document Images 01/11/2021--ANNUAL REPORT View image in PDF format 01/21/2020—ANNUAL REPORT View image in PDF format 01/29/2019--ANNUAL REPORT View image in PDF format 04/10/2018--ANNUAL REPORT View image in PDF format 12/22/2017--LC Amendment View image in PDF format 06/26/2017--LC Amendment View image in PDF format 01/12/2017--ANNUAL REPORT View image in PDF format 05/09/2016--LC Amendment View image in PDF format 03/09/2016--ANNUAL REPORT View image in PDF format 09/29/2015--LC Amendment View image in PDF format 02/26/2015—ANNUAL REPORT View image in PDF format 07/21/2014--LC Amendment View image in PDF format 05/15/2014--ANNUAL REPORT View image in PDF format 04/15/2013—ANNUAL REPORT View image in PDF format 11/13/2012--LC Amendment View image in PDF format 05/31/2012—ANNUAL REPORT View image in PDF format 09/26/2011—REINSTATEMENT View image in PDF format 02/11/2011—LC Amendment View image in PDF format 02/16/2010—ANNUAL REPORT View image in PDF format 02/11/2009--ANNUAL REPORT View image in PDF format 04/30/2008--ANNUAL REPORT View image in PDF format 05/02/2007—ANNUAL REPORT View image in PDF format 05/11/2006--Florida Limited Liability View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=EARTHTE... 2/2