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Backup Documents 05/24/2022 Item #16A12 (Superior Landscaping & Lawn Service, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 a i 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 z/21/27- 2. County Attorney Office County Attorney Office .52� 4. BCC Office Board of County Commissioners (if U,v fie,1 ' 5/25fZ7 4. Minutes and Records Clerk of Court's Office ( Nit) 0.5(ava- 3.i? 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vanessa Miguel/Procurement Contact Information 239-252 6020 Contact/Department $cl c{ 7 Agenda Date Item was May 24, 2022 Agenda Item Number 16.A.12. Approved by the BCC q Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 22-7963 Superior number if document is Superior Landscaping & to be recorded Landscaping & Lawn Service Inc. Lawn Service Inc. 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 VM 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 VM 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 VM 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 May 24,2022 and all changes made RECEIVED N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. MAY 2 4 201.2 this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready fi Management an option for Chairman's signature. this line. I 6 A 1 2 MEMORANDUM Date: May 26, 2022 To: Vanessa Miguel, Purchasing Technician Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #22-7963 for "Goodlette Frank Road Vegetation Maintenance" Contractor: Superior Landscaping & Lawn Service, Inc. Attached for your records is an original of the referenced document above, (Item #16Al2) adopted by the Board of County Commissioners on Tuesday, May 24, 2022. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment $ 6412 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 22-7963 for Goodlette Frank Road Vegetation Maintenance THIS AGREEMENT, made and entered into on this 2-44 day of N19 20 22 , by and between Superior Landscaping & Lawn Service Inc. authorized to do business in the State of Florida, whose business address is 2200 NW 23rd Ave, Miami, FL 33142 _, (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 ICI upon the date of Board approval; or 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 0 Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I I■I Invitation to Bid (ITB) I Other ( ) # 22-7963 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. III 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 2022_Ver.I $ 6A1c 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 n n 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): I I hump-Sum-(Fixed Price : offering for a project; the risks arc s-a- +sri-pees-fit hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager bcfo-re-pay ferthe fixed price contact ,+t a fi ed Time-and gees to pay-the-eertraeter-feF-the-a unt-ef-laber ' ndlatr-acte - of materials plus the lly used in projects in which it is not possible to accurately estimate the size of the project, or when it is-expected • law-cab-le 1111 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 2022_Ver.1 I6Ai e 4 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. 4.3 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. 45 ¢E4eck—+ pplic-ablc) Travel and—R sal le—€xpenses Travel and Reimbursements shall bey at the following_rates•_ Mileage $�4 -per-Rile &eaMast h $-1--O Dinner $191-00 A Fiala class-fa-Fe Rental car Actual rental cost limited -te—eenvact—ef standard size vehi�� .g.iage TaxiActual cost of either taxi or airpeft-linnets+ e be-lin e44o-the49Ilewiag- -telepheRe -sable • items-wig -shall-be 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. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.l 41:;? 1 6 A 1 2 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: Superior Landscaping & Lawn Service Inc. Address: 6220-2 Topaz Court Fort Myers, FL 33966 Authorized Agent: Maria Valdes Attention Name & Title: Jesenia Otero / Marco Manzo Ceballos Telephone: (305) 634-0717 / (305) 634-0717 E-Mail(s): Jotero@superiorlandscaping.com/ Mceballos@superiorlandscaping.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: Gerald Kurtz Division Name: Road Maintenance Division Address: 4800 Davis Blvd Naples, Florida 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist 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 2022_Ver.1 16A1Z 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. ill 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 5 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.l 1 6 A 1 2 a. 7 lam€ its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives this insurance. Such insurance shall have limits of not less than $ each &n Cybe -L-ia-bil --average ' mum limits of-$-- per claim. F. • Pollution Liability : Coverage shall have minimum limits of$ 1,000,000 per claim. Gi- ❑ --For-age shall have minimum limits of$ per claim. l4 n : Coverage 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 Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver� c Nt) 1 6 A 1 2 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 Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), • Exhibit A Scope of Services, Exhibit B Fee Schedule, RFP/ ITB/fl Other #22-7963 , including Exhibits, Attachments and Addenda/Addendum, I I subseettient +motes;an8 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, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.l 0 16 *12 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 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: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestcolliercountvfl.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. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 I ' A 12 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. 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. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 1 ' Al2 25. n AN-TY-, requirements as specified, and the purpose intended. Goods shall be delivered free from any security interest or other particular service. These warranties shall survive inspection, acceptance, passage of title an. payment by the County. aFid conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Deetiments- If, within one (1) year after final completion, any Work is found to be defective or not in e peRsibie4ef-and-pay for replacement or repair of adjacent materials or Work which may be damaged as a result These warranties arc in addition to those implied 26. ❑■ 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 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. Page l0 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I cACC 16 * 12 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, 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. �Gv PE-RS AIAIC ❑ Y"Klf"-T-PE T�"Y"L asis, and each per-sera the required service dates. The Contractor shall not change Key Personnel unlcse Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 rr 1 6 A 1 2 • aR41er-e*pericncc. (2) tl The Contractor shall seven (7) days of the change. The County ret • taefseftnel Ni 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. ICU 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 among the terms of any of the 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 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 Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I 1 6 A 1 2 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 County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. ❑� SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 ei 1 6 A 1 2 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 COU TY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER e�CO A Co and Com- - er Cam' By: �i� i ` .� -�j By. Willi L. McDaniel Jr. , Chairman Dated: .igyfigiffffi . (SEAL) Attest arto signature only Contractor's Witnesses: Superior Landscaping & Lawn Service Inc. Contractor DBA / By: v- on ractor's F rs fitness ignature ' Orlando Otero, President if TType/print signature and titleT TType/print witness name /10.14t ,, Contractor' Second fitness (knlhn Pot() TType/print witness nameT A pr ed as to Fo nd Legality: l Coup Attorney A ' L �t Iht Name 411 0 Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver. 1 6 A 1 2 Exhibit A Scope of Services n following this page (pages through 9 ) E this exhibit is not applicable Page 15 of 17 CAf) Fixed Term Service Multi-Contractor Agreement 2022_Ver.l Invitation to Bid (ITB) #22-7963 i6Al2 "Goodlette Frank Road Vegetation Maintenance" EXHIBIT A SCOPE OF SERVICES This Agreement shall be awarded on a Primary/Secondary basis as follows: Primary Contractor: DeAngelo Contracting Services LLC Secondary Contractor: Superior Landscaping& Lawn Service, Inc. DETAILED SCOPE OF WORK This Agreement is for maintaining exotic and nuisance vegetation in and along drainage ditches that recently had significant vegetation clearing.The objective is for unobstructed stormwater conveyance waterways with an integrated approach to improve control results while minimizing non-target impacts. The work is considered essential to provide adequate flood protection for these areas. Most of the work is time-sensitive. To ensure continuity of services, the County shall have full authority to utilize the Secondary Contractor; if the Primary Contractor declines or fails to perform the work per the specifications, the contract may be subject to termination by the Board. This process applies to notice of default, suspension, or termination. 1. PERFORMANCE SPECIFICATIONS: The Contractor shall determine the means and methods in controlling the vegetation. Work area limits extend to all outfalls from adjoining roadside swales and fences. There is limited access for large or heavy equipment to mow, cut, or trim the vegetation, so work may require a combination of methods, such as manual labor, mechanical, and chemical. The Contractor shall provide supervision, labor, equipment, supplies, herbicides, chemicals, and materials necessary to maintain vegetation. The work consists of the following: 1.1. Remove and dispose of trash/litter and vegetation debris (fallen tree limbs and branches). 1.2. Trim vegetation (i.e., grass, weeds, shrubs, brush, bushes, tree branches, palm fronds, etc.) to three inches (3") on overbanks and side slopes. Do not trim below three inches (3")to prevent side slope erosion. 1.2.1. Vegetation on personal property that is growing beyond the right-of-way limits and onto overbanks, the Contractor shall only trim vegetation including branches and limbs that are protruding into the ROW limits. 1.2.2. Solid panel fences shall have vegetation removed on the face of the fence panels. 1.2.3. Chain link fences shall have vegetation trimmed that is projecting through the chain links.Trim flush to the fence. 1.2.4. Trim vegetation around structures, culverts, headwalls, signposts, light poles, and riprap within the work area limits as applicable. 1.3. Cut overhanging vegetation (trees, branches, limbs, fronds, shrubs, hedges, and dead material). 1.3.1. Vegetation overhanging into the ditch area shall be trimmed using an imaginary vertical line extending twelve feet (12') upward from the edge of the outer clearing limits/ditch. Page 1 of 9 Exhibit A—Scope of Services cM Invitation to Bid (ITB) # 22-7963 1 e Al 2 "Goodlette Frank Road Vegetation Maintenance" 1.4. Treat invasive and exotic vegetation on the ditch bottoms with herbicides and chemicals registered and labeled for application directly to water by the US Environmental Protection Agency (EPA) and Florida Department of Agriculture and Consumer Services (FDACS) may be used in Florida to control growing weeds in the water. Herbicide applied directly to water shall have specific label instructions for water applications. 1.4.1. Provide labor, materials, equipment, and herbicides, and other chemicals. 1.4.2. Herbicide applications shall be applied following label instructions. 1.4.3. Ensure crews have access to all appropriate labels and Safety Data Sheets (SDS)while transporting, mixing, or applying herbicides. 1.4.4. Comply with all pertinent regulations, including but not limited to the Organo-Auxin Rule, set forth by FDACS and National Pollutant Discharge Elimination System (NPDES). 1.4.5. Treat submersed plants rooted in the ditch bottom sediment and growing up through the water with sprays or granular formulations. 1.5. Vegetation growing in the open water areas shall be pre-treated with a proper amount of EPA-approved systemic herbicide that will absorb and be transported through the plant's vascular system, killing the entire plant (may take two (2) weeks or less). 1.5.1. The vegetation in the open water areas shall be cut at the water line approximately two (2) weeks after herbicide treatment and removed for disposal. The Contractor is encouraged to take photographic evidence of this operation, as the waterline may drop when the area is inspected. 1.5.2. The Contractor shall determine the application method. If the vegetation is thriving after the treatment,the Contractor shall treat again,ensuring no re-growth,at no additional cost to the County. 1.6. If applicable, treat Cattails approximately two (2) weeks prior to cutting and removing them, with a proper amount of EPA-approved systemic herbicide (applied by label) that will absorb and be transported through the plant's vascular system killing the entire plant. 1.6.1. The Contractor shall determine the application method. If the Cattails thrive after treatment, the Contractor shall treat again, ensuring no re-growth, at no additional cost to the County. 1.7. Each workday, remove and dispose of vegetation debris and trash/litter debris. Load, haul, and dispose of the debris in accordance with applicable local and state laws. 1.7.1. Stockpiling is not permitted in the right-of-way. 1.7.2. The Contractor may be required to return to the worksite to clean up, remove, and haul away for disposal. 2. LOCATION/WORK DESCRIPTION: Goodlette Frank Road (CR-851) is a six (6) lane road with a drainage ditch on the west side of the roadway. 2.1. Goodlette Frank Road — Location A: Goodlette Frank Road (CR 851) ditch is within the west 40 feet of right-of-way. It is located on the west side of Goodlette Frank Road from the roadside top of the bank to the west and the west side of the ditch, including the embankment/slope area, top of bank, overbank area to the Page 2 of 9 Exhibit A—Scope of Services Invitation to Bid (ITB) # 22-7963 1 6AIZ "Goodlette Frank Road Vegetation Maintenance" western edge right-of-way, and ditch bottom. There are seven (7) work areas divided into sections due to side streets and roadways causing breaks in the ditch.The Contractor's crews will need to cross over roads to continue working.This area is hard to maintain due to the steep slope (2:1 grade) and the overbank area being very narrow(area between the top of the ditch and the western edge of the right-of-way). There is limited access for large or heavy equipment to trim the vegetation. Remove vegetation growth on the western boundary fence and trim vegetation flush on the Fabriform concrete lining. 2.1.1. Work Area- Section#1: Beginning approximately 300 feet south of Pine Ridge Road at the headwall to Pompei Lane and Pompei Lane to Granada Blvd. 2.1.1.1.Access is from the road right of way and at intersecting streets. 2.1.1.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.1.3.Start at the headwall south of Pine Ridge Road to Granada Blvd. 2.1.1.4.East bank is constructed of Fabriform concrete lining with a northern 500 feet in rip rap. 2.1.1.5.A fixed weir is approximately 53 feet north of Pompei Lane. 2.1.1.6.West bank has approximately 1,400 feet of specialty Hydro-Turf Z south of Pompei Lane. 2.1.1.7.The work area section is approximately 1.94 acres (2,110 linear feet by 40 feet wide). 2.1.1.8.The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.1.1.8.1. 1,440 LF Simtek panel fence off Goodlette Frank Road, on the western side of the drainage ditch, between Pompei Lane and Granada Blvd. 2.1.1.8.2.The vegetation is to be trimmed within the gravel area and the wooden fence on the westerly side of the ditch right-of-way. 2.1.1.8.3.This area includes the fence lines on both sides of the fence. The vegetation is to be removed from both sides of the decorative fence panels. 2.1.1.8.4.This area does not include vegetation removal on the wooden fence to the west of the utility poles because the site is located on private property between Granada Blvd. and Sorrento Villas. 2.1.1.8.5.Simtek fence site access: Sorrento Villas of Naples may provide access to the site at 1400 Pompei Lane through permission from the property manager or entry off Granada Blvd. 2.1.2. Work Area - Section #2: Granada Blvd to Solana Road. 2.1.2.1.Access is from the road right of way and at intersecting streets. 2.1.2.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.2.3.The east bank is constructed of Fabriform concrete lining, and the south end has approximately 325 feet rip rap on the west bank. 2.1.2.4.The work area section is approximately 2.21 acres (2,410 linear feet by 40 feet wide). 2.1.2.5.The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. Page 3 of 9 Exhibit A— Scope of Services Invitation to Bid (ITB) #22-7963 1 6 Al 2 "Goodlette Frank Road Vegetation Maintenance" 2.1.3. Work Area - Section #3: Solana Road to Ohio Drive. 2.1.3.1.Access is from the road right of way and at intersecting streets. 2.1.3.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.3.3.The east bank is constructed of Fabriform concrete lining. 2.1.3.4.The work area section is approximately 2.41 acres (2,620 linear feet by 40 feet wide). 2.1.3.5.The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.1.4. Work Area— Section #4: Ohio Drive to Ridge Street. 2.1.4.1.Access is from the road right of way and at intersecting streets. 2.1.4.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.4.3.The east bank is constructed of Fabriform concrete lining. 2.1.4.4.The work area section is approximately .99 acres (1,440 linear feet by 30 feet wide). 2.1.4.5.The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.1.5. Work Area— Section #5: Ridge Street to 22nd Avenue North. 2.1.5.1.Access is from the road right of way and at intersecting streets. 2.1.5.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.5.3.The east bank is constructed of Fabriform concrete lining. 2.1.5.4.The work area section is approximately 2.39 acres (3,475 linear feet by 30 feet wide). 2.1.5.5.The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.1.6. Work Area—Section #6: 22nd Avenue North to Golden Gate Parkway (Naples High School ditch). 2.1.6.1.Access is from the road right of way and at intersecting streets. 2.1.6.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.6.3.The work area section is approximately .2 acres (743 linear feet by 30 feet wide). 2.1.7. Work Area — Section #7: Golden Gate Parkway to Fleischmann Blvd (Coastland Mall ditch and Fleischmann Park ditch). 2.1.7.1.Access is from the road right of way and at intersecting streets. 2.1.7.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.7.3.The work area section is approximately .18 acres (390 linear feet by 30 feet wide). 2.2. Goodlette Frank Road—Location B: On Goodlette Frank Road(CR 851),approximately 1,450 feet south Page 4 of 9 Exhibit A—Scope of Services Invitation to Bid (ITB) # 22-7963 "Goodlette Frank Road Vegetation Maintenance" of Orange Blossom Drive and moving north to Vanderbilt Beach Road. Goodlette Frank Road (CR 851) ditch is within the west 40 feet of right-of-way and drainage easement. It is located on the west side of Goodlette Frank Road from the roadside top of the bank to the west and the west side of the ditch, including the embankment/slope area, top of the bank, overbank area to the western edge right-of-way, and ditch bottom. Three (3) work areas are divided into sections due to side streets causing breaks in the ditch. The Contractor's crews will need to cross over roads to continue working. This area is hard to maintain due to the steep slope (2:1 grade) and the overbank area being very narrow (area between the top of the ditch and the western edge of the right-of-way). There is limited access for large or heavy equipment to trim the vegetation. The vegetation growth on the western boundary fence is to be removed. 2.2.1. Work Area- Section #1: Ditch is within a 40-foot drainage easement west of Goodlette Frank Road and south of Vanderbilt Beach Road right-of-way south to Carica Road. 2.2.1.1. Eastside access is from the County-owned property or right-of-way (FPL easement shares this location). 2.2.1.2. Westside access is within the 40-foot drainage easement and a 35-foot access easement along the eastern bank of Lake Bunting. 2.2.1.3. The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.2.1.4. The work area section is approximately 0.90 acres (950 linear feet by 40 feet wide). 2.2.1.5. The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.2.2. Work Area - Section#2: Goodlette Ditch lies within a 40-foot drainage easement and partially the road right of way west of Goodlette Frank Road from Carica Road at the north, to Carica Road/Orange Blossom Dr at the south. 2.2.2.1. Eastside access is from the county right-of-way and the drainage easement on the west side at Carica Road north and south. 2.2.2.2. The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.2.2.3. The work area section is approximately 3.58 acres (3,900 linear feet by 40 feet wide). 2.2.2.4. The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.2.3. Work Area - Section #3: Goodlette Ditch, south of Carica Road/Orange Blossom Drive, lies partially within a 40-foot drainage easement totaling 1,450 feet, transitioning to lie within the western road right of way of Goodlette Frank Road. 2.2.3.1. Eastside access is from the county right-of-way and the drainage easement on the west side at Carica Road south. 2.2.3.2. The ditch has a visible top of bank.The ditch bottom remains wet for a portion of the year. 2.2.3.3. The work area section is approximately one (1) acre (1,450 linear feet by 30 feet wide). 2.2.3.4. The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. Page 5 of 9 Exhibit A—Scope of Services Invitation to Bid (ITB) # 22-7963 1 6 A 1 2 "Goodlette Frank Road Vegetation Maintenance" 3. MAINTENANCE CYCLES: The Division estimates issuing eight (8) cycles per fiscal year(October 1st— September 30th); however, cycles may adjust due to growing conditions or budgetary constraints. The estimated cycles are February, May, June, July, August, September, October, and December. 4. FEE SCHEDULE: Unit prices provided are inclusive of all costs to perform the work (i.e., labor, materials, herbicide applications, herbicides, chemicals, equipment, overhead, trash, and debris removal, hauling debris and disposal,disposal fees,mobilization,Maintenance of Traffic,etc.).The Contractor must perform to the satisfaction of the County's project manager before payment is authorized. 4.1. Exhibit B Fee Schedule has the following categories: 1. Vegetation Maintenance; 2. Ditch Herbicide Applications; and 3. Submersed Herbicide Treatments, and 4. Additional Services for Trash and Debris Removal. The services cycles are estimated and are dependent on growing conditions and the budget. 4.1.1. Vegetation Maintenance: Vegetation trimming and removal (mowing, mechanical, small equipment (string trimmer, etc.), hand tools (machete, etc.), or manually removing (hand pulling), including trash/debris pickup, removal, loading, hauling, disposal (appliances, tires, construction/demolition debris, trash, litter, metals, etc.), transported to the County Landfill or other approved receiving site, and disposal fees. 4.1.2. Ditch Herbicide Applications: The Contractor shall purchase and apply herbicides for aquatic use and other chemicals to complete work. Unit price includes licensed supervisor, labor, herbicides, chemicals, materials, equipment, etc. 4.1.3. Submersed Treatments: The Contractor shall purchase and apply herbicides and/or chemicals for aquatic use to complete the work. Unit price includes licensed supervisor, labor, herbicides, chemicals, materials, equipment, etc. 4.1.4. Additional Service—Trash/Debris Pickup and Removal: A separate category line item to allow County staff to request additional services for trash/debris for pickup and removal (appliances, tires, construction/demolition debris, trash, litter, and metals, etc.). The removal and disposal include loading,transporting,disposal of all debris materials to the County Landfill or other approved receiving site, and disposal fees. 5. DEFINITIONS 5.1. Top of Bank/Overbank: defined as the stormwater conveyance channel/waterway area from top of bank plus one foot into the overbank area to the opposite top of bank plus one foot into the overbank area. Ar,„7-1' Overbank', lone-foot(i') Page 6 of 9 Exhibit A—Scope of Services Invitation to Bid (ITB) # 22-7963 1 6 A 1 2 "Goodlette Frank Road Vegetation Maintenance" Gveu'C t£AIM)EASE:ME:Nr 1 ?r 1,on,ROT i]t Way, EASE'MENE WIDTH(varies) 5.2. Maintained Easement: defined as the cleared area of the easement inclusive of the channel, top of bank and overbank. 6. GENERAL INFORMATION 6.1. No Permit: Collier County Right-of-Way permit is not required maintenance work. 6.2. Commencement: The Contractor shall commence the work upon issuance of a purchase order. 6.3. Final Inspections: Following services,the Contractor shall notify the Division Project Manager when the work is completed for a final inspection of the work. The Contractor will be notified when the finished work fails to comply with the specifications. 6.3.1. The Contractor shall immediately cure the deficient work,ensuring it complies with the specifications. 6.3.2. Upon completion of the deficient work,the Contractor shall notify the Division Project Manager when ready for re-inspection. 6.3.3. Division Project Manager shall make a final inspection of the work and inform the Contractor of any necessary repair work not completed. 6.3.4. The Contractor shall immediately complete all incomplete work and arrange for another re-inspection. 6.4. OSHA: Contractor shall employ and enforce OSHA safety compliant measures at the worksite to prevent injuries to workers, citizens, and the traveling public. 6.5. Erosion Control: State-compliant turbidity and erosion control devices are required at the work areas' downstream ends.No movement of turbid water will be allowed to flow downstream into the receiving canals. Appropriate erosion control measures,as deemed necessary, shall be installed and always maintained through all phases of maintenance activities. Page 7 of 9 Exhibit A— Scope of Services Invitation to Bid (ITB) # 22-7963 16 A 12 "Goodlette Frank Road Vegetation Maintenance" 6.6. Mobilization: Contractor is responsible for mobilization/demobilization. 6.7. Maintenance of Traffic (MOT): The Contractor is responsible for setting up Maintenance of Traffic (MOT) with the right equipment and proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones, message boards, warning devices, barriers, or flagmen. The Contractor, or its subcontractor, is responsible for maintaining MOT while performing services in the right-of-way and roadways. 6.7.1. MOT is a requirement for the safety and protection of the Contractor's employees and motorists during services' performance. It is the Contractor's sole responsibility for safety in the work zone. 6.7.2. MOT shall conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 6.7.3. The Contractor is authorized to subcontract MOT. It is required that either the Contractor or subcontractor have current FDOT approved MOT or Temporary Traffic Control, Intermediate Level, Certification per FDOT, Design Standards, 600 series indexes. 6.7.4. The Contractor's employee or Contractor's subcontractor is responsible for the MOT plan and equipment setup and shall have current FDOT approved certification in their name. They must be readily available within twenty (20) minutes of the initial contact by County staff to address work zone safety issues. 6.7.5. MOT setup that does not comply with FDOT standards, the Contractor will need to cease operations until MOT is correct per the 600 series design standard. 6.8. Lane Closures: There are no lane closures permitted between the hours of 7:00 a.m. through 9:00 a.m. and 3:30 p.m. through 6:30 p.m. on weekdays. The Contractor may request authorization from the Division to work within the non-lane closure hours. 6.9. Road Alert(Mandatory Requirement):Notify Growth Management Department,Customer Service Specialist, or designee on Wednesday before lane closure(s) by submitting the Road Alert Notification form so that that staff can update the Road Alert message board. Link to form: https://www.colliercountyfl.gov/home/showpublisheddocument?id=53901 6.10. Work Zone Safety: Contractor shall use caution while working in County Right-of-Way and roadways. The Contractor shall use caution while working in or around County-owned or operated facilities, right-of- way,sides of right-of-way,and roadway medians.When working within a right-of-way(i.e.,roads,sidewalks, bike paths, etc.) Follow applicable FDOT and/or MUTCD requirements, such as but are not limited to: 6.10.1.American National Standards Institute (ANSI) / International Safety Equipment Association Class 2 or 3 Vests, T-shirts, or similarly labeled garments depending on the time of day. 6.10.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles, where necessary, required by law or the BCC. 6.10.3. An applicable work zone (Maintenance of traffic) plan based on FDOT and/or MUTCD designs on site. 6.10.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 6.11. Utilities: Before work starts, the Contractor is responsible for contacting Sunshine 811 (811 or 800.432.4770). This task may take up to two (2) full business days for utilities to be located and marked.No claims for an additional utility locate compensation will be considered. Any damages to utilities will be at the Contractor's expense. Page 8 of 9 Exhibit A—Scope of Services G��, Invitation to Bid (ITB) # 22-7963 1 6 Al 2 "Goodlette Frank Road Vegetation Maintenance" 6.12. Licensing Requirements 6.12.1. Maintenance of Traffic or Temporary Traffic Control, Intermediate Level Certification 6.12.2. A valid Commercial Applicator license issued by the Florida Department of Agriculture, Consumer Services (FDACS), Chapter 487 F.S. 6.12.2.1. All herbicide applications shall be carried out in a manner consistent with the Environmental Protection Agency (EPA) and shall comply with all pertinent regulations set forth by the Florida Department of Agriculture and Consumer Services (FDACS). 6.12.2.2. Crews must have access to all appropriate labels and Safety Data Sheets (SDS) while transporting, mixing, or applying herbicides. 6.12.2.3. The Contractor shall be liable for any penalty, fines, or damages resulting from the misuse of herbicides. The Division will report to the FDACS Bureau of Licensing and Enforcement of any misuse of chemicals and request an investigation. 6.12.2.4. Records and Documentation: The Contractor is responsible for maintaining and updating records required by law for pesticide applications for aquatics and restricted use products (RUPs). 6.13. Damages: The Contractor is responsible for any damage caused by his operations and shall be responsible for complete restoration of impacted areas at no additional cost to Collier County. Should a damage dispute arise, and the Contractor subsequently disputes the claim,the Contractor's responsibility is to provide pre-project existing condition documentation. Any damages caused by the Contractor's crews shall be the sole responsibility to repair and restore the sites. 6.14. Work Hours: Monday through Friday in the daytime hours from 7:00 a.m.to 5:00 p.m. Contractor may request permission from the Division Representative to work outside the daytime hours and workdays. There is no additional compensation for working on weekends, holidays, or evening hours. 6.15. Compensation: Invoice submission for payment approval must be accurate and complete with details of services performed or commodities purchased. 6.15.1. Invoices must include the Division Name, Contract Number, Purchase Order Number, Bid Line Items Numbers, Quantities and Unit Price. 6.15.2. An invoice may be rejected for errors or missing documentation. If rejected, the Contractor shall resubmit the invoice using the same number and add a revision number (i.e., Invoice Number 1234 R1). Page 9 of 9 Exhibit A—Scope of Services eAo 1 6 A 1 2 Exhibit B Fee Schedule following this page (pages through ) Page 16 of 17 ID Fixed Term Service Multi-Contractor Agreement 2022_Ver. 16Al2 Invitation to Bid(ITB)22-7963"Goodlette Frank Road Vegetation Maintenance" EXHIBIT B FEE SCHEDULE SUPERIOR LANDSCAPING&LAWN SERVICE,INC. (SECONDARY CONTRACTOR) Goodlette Frank Road-Location A Section/Location Item Description UOM Unit Price Per Cycle Vegetation Maintenance Each $ 1,853.33 Work Area Section#1 Ditch Herbicide Application Each $ 437.98 (2.1.1) Submersed Herbicide Treatment Each $ 595.08 Additional Service:Trash&Debris Removal Each $ 562.10 Vegetation Maintenance Each $ 1,853.33 Work Area Section#2 Ditch Herbicide Application Each $ 437.98 (2.1.2) Submersed Herbicide Treatment Each $ 595.08 Additional Service:Trash&Debris Removal Each $ 562.10 Vegetation Maintenance Each $ 1,853.33 Work Area Section#3 Ditch Herbicide Application Each $ 437.98 (2.1.3) Submersed Herbicide Treatment Each $ 595.08 Additional Service:Trash&Debris Removal Each $ 562.10 Vegetation Maintenance Each $ 1,853.33 Work Area Section#4 Ditch Herbicide Application Each $ 437.98 (2.1.4) Submersed Herbicide Treatment Each $ 595.08 Additional Service:Trash&Debris Removal Each $ 562.10 Vegetation Maintenance Each $ 1,853.33 WOE Area Ditch Herbicide Application Each $ 437.98 Section#5 Submersed Herbicide Treatment Each $ 595.08 (2.1.5) Additional Service:Trash&Debris Removal Each $ 562.10 Vegetation Maintenance Each $ 1,853.33 Work Area Section#6 Ditch Herbicide Application Each $ 437.98 (2.1.6) Submersed Herbicide Treatment Each $ 595.08 Additional Service:Trash&Debris Removal Each $ 562.10 Vegetation Maintenance Each $ 1,853.33 Work Area Section#7 Ditch Herbicide Application Each $ 437.98 (2.1.7) Submersed Herbicide Treatment Each $ 595.08 Additional Service:Trash&Debris Removal Each $ 562.10 Item 2.2 Goodlette Frank Road-Location B Location Item Description UOM Unit Price Per Cycle Vegetation Maintenance Each $ 1,853.33 WOE Area Ditch Herbicide Application Each $ 437.98 Section#1 Submersed Herbicide Treatment Each $ 595.08 (2.2.1) Additional Service:Trash&Debris Removal Each $ 562.10 Vegetation Maintenance Each $ 1,853.33 WOE Area Ditch Herbicide Application Each $ 437.98 Section#2 Submersed Herbicide Treatment Each $ 595.08 (2.2.2) Additional Service:Trash&Debris Removal Each $ 562.10 Vegetation Maintenance Each $ 1,853.33 Work Area Ditch Herbicide Application Each $ 437.98 Section#3 Submersed Herbicide Treatment Each $ 595.08 (2.2.3) Additional Service:Trash&Debris Removal Each $ 562.10 Prices shall remain firm for the initial term of this contract 16Al2 Other Exhibit/Attachment Description: ❑ following this page (pages through ) ❑■ this exhibit is not applicable Page 17 of 17 €190 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 • 16Al2 ACCORL) CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 05/05/2022 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 Julio Guerrero NAME: Brown&Brown of Florida.Inc. PHONo,Eat): (305)714-4400 jnlc,No): (305)714-4401 8825 NW 21st Terrace E-MAIL Julio.Guerrero@bbrown.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Doral FL 33172 INSURER A: Twin City Fire Insurance Company 29459 INSURED INSURER B: Hartford Insurance Company of the Midwest 37478 Superior Landscaping&Lawn Service Inc INSURER C: The North River Insurance Company 21105 PO Box 35-0095 INSURER D: FFVA Mutual Insurance Co. 10385 INSURER E: Westchester Surplus Lines Insurance Company Miami FL 33135 INSURER F: COVERAGES CERTIFICATE NUMBER: GL,AUT,UMB,WC,PL,CR REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW'HYWE 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 SUHK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 A Y Y 21UENOL4176 12/01/2021 12/01/2022 PERSONAL&ADVINJURY $ 1,000,000 GENIE_AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000000 ,GENIE_ PRO 2,000,000 POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: Employee Benefit Liab $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y 21UENOL9067 12/01/2021 12/01/2022 BODILYINJURY(Peraccident) $ AUTOS ONLY AUTOS XHIRED �/ NON-OWNED PROPERTY DAMAGE AUTOS ONLY /� AUTOS ONLY (Per accident) Medical payments $ 5,000 X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 3,000,000 C EXCESSLIAB CLAIMS-MADE 5821180146 12/01/2021 12/01/2022 AGGREGATE $ 3,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE Y NIA Y WC84000345042021A 12/01/2021 12/01/2022 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1 000000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Pollution Liability G7091878A004 12/06/2021 12/06/2022 Limit of Insurance $1,000,000 Deductible $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:22-7963-Goodlette Frank Road Vegetation Maintenance Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR,Collier County Government,OR,Collier County included as and Additional Insured on a primary and non-contributory basis with regards to General Liability&Auto Liability.Waiver of subrogation applies to the Additional Insured with regards to General Liability,Auto Liability&Workers Compensation.All of the above is applicable when required by written contract for any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLATION r 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. 3295 Tamiami Trail E. — - AUTHORIZED REPRESENTATIVE Naples FL 34112 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD i 6 A 1 2 AGENCY CUSTOMER ID: x,.....� LOC#: ACT C)fi!) ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Brown&Brown of Florida,Inc. Superior Landscaping&Lawn Service Inc 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 CRIME POLICY Policy#:8250-6693 Carrier Federal Insurance Company Effective:12/01/2021-12/01/2022 Employee Theft Limit:$1,000,000 Retention:$10,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD