Loading...
Backup Document 06/14/2022 Item #16A17 (DeAngelo Contracting Services, LLC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURt 6 A 17 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 2. County Attorney Office County Attorney Office /? // 1/ -2 4. BCC Office Board of County Commissioners [,✓/h�, /O�s/ ç/L9/z Z 4. Minutes and Records Clerk of Court's Office I p( Ce1 22 011 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 239-252-8947 Contact/Department Agenda Date Item was June 14, 2022 Agenda Item Number 16.A.17.b✓ Approved by the BCC Type of Document Agreement ✓ Number of Original 1 Attached Documents Attached PO number or account N/A 22-7962 ./ DeAngelo ✓ number if document is DeAngelo Contracting to be recorded Contracting Services LLC Services LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 fmal 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 June 14,2022 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County J an option for Attorney's Office has reviewed the changes,if applicable. l 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 for the 1.( an option for Xi Chairman's signature. this line. 16A17 ' Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, June 15, 2022 11:07 AM To: 'Vanessa.Miguel@colliercountyfl.gov' Subject: Item #16A17 (Contract#22-7962 w/DeAngelo Contracting Services) Attachments: #22-7962 (DeAngelo Contracting Services, LLC).pdf Good Morning Vanessa, Please see the attached (executed) covttract for your records. Thank you. Ann ✓ennejotin 13MR Senior Deputy Clerk II ,tttT t fit 4. Clerk to the Value AdjustmentBoard Office: 23q-252-8406 Fax: 23q-252-8408 (if applicable) '. Avtvt.Jevtvtejohvt@CollierClerk.cowt ‘,,; Office of the Clerk of the Circuit Court /4"*',Kit+t`` & Comptroller of Collier County 32gq Tawtiawti Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.cowt i 16A17 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 22-7962 for Corporate Flight Drive Vegetation Maintenance THIS AGREEMENT, made and entered into on this i L-1 day of J Vfe, 20 22 , by and between DeAngelo Contracting Services LLC authorized to do business in the State of Florida, whose business address is 527 S Church Street, Hazelton, PA 18201 _, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing upon the date of Board approval;-or on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I I Request for Proposal (RFP) 1.1 Invitation to Bid (ITB) Other ( ) # 22-7962 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 16A17 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 ❑ i ❑ Other Exhibit/Attachment: 4 1 h 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): ❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks arc satisfaction of the County's project manager before payment for the fixed price contract is authorized. • • materials plus the contractor's markup). This methodology is generally used in projects in • of hours worked and billing rate by position (and not company (or subcontractor) • 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 16A17 472 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. 4 13 (check if app bl Travel—and expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage e i4e Bfealirfast $6-00 $4-1.00 Gififlef $19.00 Aiffare claw fare Rental car Actual rental cost limited to compact or standard size vehicles with a cap of no more than $150.00 per night Taxi or Airport Limousine Actual cost of either taxi or airport limousine • items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations 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.1 1 6 A I 7 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: DeAngelo Contracting Services LLC Address: 527 S Church Street Hazelton, PA 18201 Authorized Agent: Jarrod L. DeAngelo, President/Member Attention Name & Title: Telephone: (570) 580-9100 E-Mail(s): jdeangelo@deangelocs.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 0 No 1 6A1 7 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. 10 Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 1.1 Business Auto Liability: Coverage shall have minimum limits of$ 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. l■J 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.I cl'o 16A17 n Rre#essi liability for claims arising out of the performance of professional services under this this insurance. Such insurance shall have limits of not less than $ each n F. • Pollution Liability : Coverage shall have minimum limits of $ 1,000,000 per claim/Occurrence. 6- ❑ :Gs cage shall have minimum limits of$ per claim. Coverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.l ,,t;D►o 1 6 A 1 7 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), I Exhibit A Scope of Services, Exhibit B Fee Schedule, RFP/ ■ ITB/ Othcr #22-7962 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quetesrand ❑ Othcr Exhibit/Attachmcnt: 17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.t ��l 1 6 Ai 1 7 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: PublicRecordRequest(ccolliercountvfl.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 c `J 16A17 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.I 16A17 25. 1.1 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. IN 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 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I I 6 A 1 7 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. this project shall be knowledgeable in their areas of expertise. The County reserves the assigned shall be available for an amount of time adequate to meet the required service Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 cfr-S) l6A17 • --better--qualifications seven (7) days of the change. The County retains final approval of proposed replacement per-sonnet: ■ 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. 0 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. among the terms of any of the Contract Documents and/or the County's Board approved 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,-of obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I 16 A 17 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 $500 per incident. 38. ■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 16A17 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST) BOARD OF CO TY COMMISSIONERS Crystal K.-KiFele Clerk of the Circuit COLLIER CO : ' DA Court angi,Z.b.rnptrdiler C€) By: %+ _,; .'� �_�� By: _.r .'A ; Will;!m L. McDaniel Jr. , Chairman Dated4'. e•� 4'` ($ )) • Attest a$tozenairman's signa#ure*only. Contractor's Witnesses: DeAngelo Contracting Services LLC Contractor DBA �� By: 4171— Cc�tStrctor's First Witness gnature I ypc� �t� t PIL(Ofn �/Clp �iz )/ )�'C� -,v i TType/print signature and title'r TType/print witness name ontractor's Second Witness /Jor Ott Itteor TType/print witness nameT roved top nd Legality: „0M, County Attorney Print Name Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I (l) I 6 A 1 7 Exhibit A Scope of Services ❑■ following this page (pages 1 through 6 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 CAO Invitation to Bid (ITB) # 22-7962 16A17 "Corporate Flight Drive 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: EarthBalance Corporation The terms "Contract"and"Agreement"may be used interchangeably throughout this Agreement 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 Division 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. 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 Page 1 of 6 Exhibit A—Scope of Services 0 16A17 Invitation to Bid (ITB) # 22-7962 "Corporate Flight Drive Vegetation Maintenance" 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 — CORPORATE FLIGHT DRIVE: Located off Airport Pulling Road in Naples,Florida. There are three(3)work areas with limited access for large or heavy equipment to trim the vegetation. 2.1. Work Area—Section#1: Corporate Flight Ditch lies within a 50-foot drainage easement ditch north of the Naples Airport property on Corporate Flight Drive. 2.1.1. The section begins approximately six hundred sixty (660') west of Airport Pulling Road, heading west approximately 2,300 feet to the east side of the lake. 2.1.2. The ditch has a visible top of bank and typically remains wet. 2.1.3. The section is approximately 2.64 acres based on the length of 2300 linear feet and a width of 50 feet. 2.1.4. Access is directly off Corporate Flight Drive 2.2. Work Area—Section#2: Corporate Flight Ditch lies within a lake drainage easement north of the Naples Airport property off Corporate Flight Drive. Page 2 of 6 Exhibit A—Scope of Services 16A17 Invitation to Bid (ITB) # 22-7962 "Corporate Flight Drive Vegetation Maintenance" 2.2.1. The section begins just east of the lake, heading west approximately 750 feet to the southwest corner of the lake. 2.2.2. There is a visible top of bank, and the area remains wet. 2.2.3. Maintenance includes the lake's shoreline to the concrete sidewalk adjacent to Corporate Flight Drive. 2.2.4. The section is approximately 0.86 acres based on the length of 750 linear feet and a width of 50 feet. 2.2.5. Access is directly off Corporate Flight Drive. 2.3. Work Area—Section#3: Corporate Flight Ditch lies within a 50-foot drainage easement ditch north of the Naples Airport property on Corporate Flight Drive. 2.3.1. The section of the channel begins at the southwest corner of the lake and heads west to intersect with the Gordon River. 2.3.2. There is a visible top of bank, and the ditch bottom remains wet a portion of the year. 2.3.3. This section is approximately 1.76 acres based on the length of 1,530 linear feet and a width of 50 feet. 2.3.4. Access is directly off Corporate Flight Drive and across the easement. Access to the north bank may be requested from the property owner,River Reach Apartments. 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, including labor, materials, herbicide applications, herbicides, chemicals, equipment, overhead, trash, and debris removal, hauling debris and disposal, disposal fees,mobilization, Maintenance of Traffic, etc. 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. Page 3 of 6 Exhibit A—Scope of Services 16A17 Invitation to Bid (ITB) # 22-7962 "Corporate Flight Drive Vegetation Maintenance" 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. 5.2. Maintained Easement: defined as the cleared area of the easement inclusive of the channel, top of bank and overbank. �1' Overbank' IOne-foot Fence i GEARED EASEMENT )11, Treei:ne,Right of Way, fence line,etc 111 .rA EA. i >etllilln+ EASEMENT WIDTH(varies) 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. Page 4 of 6 Exhibit A—Scope of Services 0 1 6 A 1 7 Invitation to Bid (ITB) # 22-7962 "Corporate Flight Drive Vegetation Maintenance" 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. 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.colliercountvfl.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(ISEA)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). Page 5 of 6 Exhibit A—Scope of Services 16A17 Invitation to Bid (ITB) # 22-7962 "Corporate Flight Drive Vegetation Maintenance" 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. 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 RI). Page 6 of 6 Exhibit A—Scope of Services 16A17 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I 16A17 Invitation to Bid (ITB)#22-7962 "Corporate Flight Drive Vegetation Maintenance" FEE SCHEDULE DEANGELO CONTRACTING SERVICES,LLC PRIMARY CONTRACTOR Corporate Flight Drive Section/Location Item Description UOM Unit;Price Per Cycle Vegetation Maintenance Each $ 1,380.00 Work Area Section#1 Ditch Herbicide Application Each $ 460.00 (2.1.) Submersed Herbicide Treatment Each $ 230.00 Additional Service:Trash&Debris Removal Each $ 300.00 Vegetation Maintenance Each $ 450.00 Work Area Section#2 Ditch Herbicide Application Each $ 230.00 (2.2) Submersed Herbicide Treatment Each _ $ 75.00 Additional Service:Trash&Debris Removal Each $ 150.00 Vegetation Maintenance Each $ 900.00 Work Area Section#3 Ditch Herbicide Application Each $ 300.00 (2.3) Submersed Herbicide Treatment Each $ 150.00 Additional Service:Trash&Debris Removal Each $ 300.00 Prices shall remain firm for the initial term of the agreement. \r M0 16A17 Other Exhibit/Attachment Description: ❑ following this page (pages through ) ❑■ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.t ,SRO 1 6 A I 7 ' 1 3 YYYY) IDDr DATE(MM/DD/ ACc RE CERTIFICATE OF LIABILITY INSURANCE 4/26/ 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 NAME: Kevin Roof Assurance, a Marsh & McLennan Agency LLC company PHONE FAX 20 N Martingale Road (NC.No.Ext): (312)625-5948 (A/c,No):(847)440-9116 Suite 100 ADDRESS: Kevin.Roof(gMarshMMA.com Schaumburg IL 60173 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Starr Indemnity&Liab Co 38318 INSURED SEVEISL-02 INSURER B:CAPITOL SPECIALTY INS CORP 10328 DeAngelo Contracting Services, LLC INSURER C:HOMESITE INS CO OF FL 11156 100 North Conahan Drive Hazleton PA 18201 INSURERD:ENDURANCE AMER SPECIALTY INS CO 41718 INSURER E: Lloyds of London 85202 INSURER F:AXIS SURPLUS INS CO 26620 COVERAGES CERTIFICATE NUMBER:1492599948 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 1000025924211 11/1/2021 11/1/2022 EACH OCCURRENCE $2,000,000 CLAIMS MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $500,000 X DED 500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X jE X LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY 1000672941 211 11/1/2021 11/1/2022 COMBINED SINGLE LIMIT $2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ C X UMBRELLALIAB X OCCUR CXP-000990-00 11/1/2021 11/1/2022 EACH OCCURRENCE $3,000,000 E X51142721 12/9/2021 11/1/2022 - F EXCESSLIAB CLAIMS-MADE P-001-000744952-01 12/13/2021 11/1/2022 AGGREGATE $3,000,000 DED RETENTION$ ADDITIONAL LAYERS $SEE REMARKS A WORKERS COMPENSATION 100 0004825(AOS) 11/1/2021 11/1/2022 X STATUTE OTH - ER A AND EMPLOYERS'LIABILITY Y/N 100 0004826(FL,MA) 11/1/2021 11/1/2022 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Prof Liability/Pollution PNV10015266700 11/4/2021 11/4/2022 Prof Occ/Agg $5,000,000 B Excess Pollution EX20210970-01 11/4/2021 11/4/2022 Poll Occ/Agg $5,000,000 XS Poll Occ/Agg $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Comp and Collision Deductible on Power units is$10,000.Trailers Comp and Coll Deductible is$2000. First Excess Policy(CXP-000990-00)Limits:Each Occurrence-$3,000,000;Aggregate-$3,000,000 Second Excess Policy(XS1142721)Limits:Each Occurrence-$3,000,000;Aggregate-$3,000,000 Third Excess Policy(P-001-000744952-01)Limits:Each Occurrence-$2,000,000;Aggregate-$2,000,000 RE:Solicitation Number 22-7962 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 TamiamI Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 ---*/6 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1 6A1 7 AGENCY CUSTOMER ID: SEVEISL-02 LOC#: AC ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Assurance,a Marsh&McLennan Agency LLC company DeAngelo Contracting Services,LLC 100 North Conahan Drive POLICY NUMBER Hazleton PA 18201 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 It is agreed the Certificate Holder is an Additional Insured,when required by written contract,on the General Liability on a primary and non-contributory basis with respect to operations performed by the Named Insured in connection with this project. If this policy is cancelled by the Company or by the insureds,other than for nonpayment of premium,notice of such cancellation will be provided to the certificate holder at least 30 days in advance of the cancellation effective date.If this policy is cancelled for nonpayment of premium,notice of such cancellation will be provided to the certificate holder at least 10 days in advance of the cancellation effective date. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 6 A I 7 POLICY NUMBER: 1000025924211 COMMERCIAL GENERAL LIABILITY CG20371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract Location And Description of Completed Operations: Where required by written contract Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CG 20 37 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 ❑ 16A17 POLICY NUMBER: 1000025924211 COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations service, maintenance or repairs) to be performed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions (2) That portion of"your work" out of which This insurance does not apply to "bodilyinju- the injury or damage arises has been pp yput to its intended use by any person ry" or"property damage" occurring after: or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 ❑ I 6 A 1 � ;"Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Primary and Non-Contributory Condition Policy Number: 1000025924211 Effective Date: 11/01/2021 Named Insured: DeAngelo Contracting Services, LLC This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. SECTION IV—CONDITIONS, condition 4. Other Insurance is amended as follows: 1. The following is added to paragraph 4.a. of the Other Insurance condition: This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR INDEMNITY& LIABILITY COMPANY -C- 6s.e. , , . E Steve Blakey, President Nehemiah E. Ginsburg, General eounsel OG 107 (04/11) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission.