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Agenda 08/08/2023 Item #16B1 (ITB Mulch and Installation Services)16.B.1 08/08/2023 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 23-8118, "Mulch and Installation Services" to Superior Landscaping & Lawn Service Inc., Southeast Spreading Company, LLC, and Forestry Resources, LLC d/b/a The Mulch and Soil Company, as the primary, secondary, and where applicable tertiary vendors as set forth herein, and authorize the Chairman to sign the attached Agreements. (Estimated annual spend $1,380,000 Landscape Fund 112). OBJECTIVE: To award contracts for countywide services to purchase mulch for pickup or delivery, and services for the Contractor to supply mulch and deliver with installation at County maintained facilities, on roadway medians, and in the right-of-way. CONSIDERATIONS: On March 20, 2023, the Procurement Services Division released ITB No. 23-8118 "Mulch and Installation Services," and the County received three bids by the April 20, 2023, deadline. Staff evaluated the three bids for responsiveness, vendor responsibility, and price. Staff is recommending making an award to a primary, secondary vendor, and tertiary vendor (where applicable) from bidders, Superior Landscaping & Lawn Service Inc. ("Superior"), Forestry Resources, LLC, d/b/a The Mulch and Soil Company ("Forestry"), and Southeast Spreading Company, LLC ("Southeast"), as outlined in the below table. NORA Primary Secondary Tertiary Category A. 100% Pine Brown Mulch Superior Forestry Southeast Item Description Unit Price Unit Price Unit Price 1 County Pickup $2.44 $2.80 $3.40 2 County Pickup $2.88 $2.93 $3.60 Category B. 100% Pine Brown Mulch Southeast Superior N/A Item Description Unit Price Unit Price Unit Price 1 Mulch & Installation $5.05 $6.75 N/A 2 Mulch & Installation w/ TTC $5.55 $7.88 N/A 3 Off Peak Hours Mulch Installation w/TTC $5.55 $8.90 N/A Category C. Brown Mulch Forestry Superior Southeast Item Description Unit Price Unit Price Unit Price 1 County Pickup $1.99 $2.44 $2.60 2 County Pickup $2.12 $2.80 $2.80 Category D. Brown Mulch Southeast Superior N/A Item Description Unit Price Unit Price Unit Price 1 Mulch & Installation $4.25 $5.75 N/A 2 Mulch & Installation w/ TTC $4.75 $6.88 N/A 3 Off Peak Hours Mulch Installation w/TTC $4.75 $7.90 N/A Note: A tertiary vendor is not recommended for Categories B and D, since Forestry did not submit all three line items in those categories. Superior, incorporated in Florida in 1998, has been doing business with Collier County since 2009, with a local office in Lee County, Florida, with other offices located throughout the state. Southeast registered to do business in Florida in 2017 and has a local office in Collier County, Florida. Forestry registered to do business in Florida in 2017 and has offices in Lee and Collier counties. The attached Agreement No. 23-8118 reflects the primary, secondary, and tertiary recommended awards reflected in the above table, and includes a three-year term, with an option for two additional, one-year renewal terms. FISCAL IMPACT: Funds are budgeted annually for these services within Landscape Project Fund (1012). Other Packet Pg. 206 16.B.1 08/08/2023 divisions requiring services shall use funds from their budgets. The anticipated annual spend is estimated at $1,380,000. These expenditures are not indicative of future purchases, and they may increase or decrease in the coming fiscal years. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact is associated with this action. RECOMMENDATION: Recommendation to award Invitation to Bid ("ITB") No. 23-8118, "Mulch and Installation Services" to Superior Landscaping & Lawn Service Inc., Southeast Spreading Company, LLC., and Forestry Resources, LLC., d/b/a The Mulch and Soil Company as the primary, secondary, and where applicable tertiary vendors as set forth in the above table and authorize the Chairman to sign the attached Agreements. (Estimated annual spend $1,380,000 Landscape Fund 112). Prepared by: Melissa Pearson, Contract Administration Specialist, Transportation Management Services Department ATTACHMENT(S) 1.23-8118_Solicitation (PDF) 2.23-8118 Bid Tabulation (PDF) 3.23-8118 NORA(PDF) 4.23-8118 Contract ForestryResources,LLC_VendorSigned (PDF) 5.23-8118 Contract SoutheastSpreadingCompany,LLC_VendorSigned (PDF) 6.23-8118 Contract SuperiorLandscaping&LawnService.Inc._VendorSigned (PDF) 7.23-8118 COI- ForestryResources, LLC (PDF) 8.23-8118 COI_SuperiorLandscaping&LawnService.Inc. (PDF) 9.23-8118 Forestry Resources Bid Package (PDF) 10. [LINKED] 23-8118 Southeast Spreading Bid Package (PDF) 11. [LINKED] 23-8118_-_Superior_ Landscaping_Bid_Package (PDF) 12. 23-8118 Insurance_SouthEastSpreadingCompany, LLC.2024 (PDF) Packet Pg. 207 16.B.1 08/08/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.1 Doc ID: 25949 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 23-8118, "Mulch and Installation Services," to Superior Landscaping & Lawn Service Inc., Southeast Spreading Company, LLC, and Forestry Resources, LLC d/b/a The Mulch and Soil Company, as the primary, secondary, and where applicable tertiary vendors as set forth herein, and authorize the Chairman to sign the attached Agreements. (Estimated annual spend $1,380,000 Landscape Fund 112). Meeting Date: 08/08/2023 Prepared by: Title: Contract Administration Specialist — Road Maintenance Name: Melissa Pearson 06/28/2023 10:08 AM Submitted by: Title: Transportation Management Services Superintendent — Road Maintenance Name: Marshal Miller 06/28/2023 10:08 AM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 06/28/2023 11:02 AM Growth Management Community Development Department Pamela Lulich Additional Reviewer Completed 06/28/2023 11:39 AM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 06/30/2023 8:09 AM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 07/03/2023 1:57 PM Road Maintenance Marshal Miller Additional Reviewer Completed 07/03/2023 2:32 PM Procurement Services Patrick Boyle Additional Reviewer Completed 07/05/2023 2:35 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 07/21/2023 12:32 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 07/21/2023 10:00 AM Transportation Management Services Department Trinity Scott Transportation Completed 07/21/2023 1:38 PM Procurement Services Sandra Herrera Procurement Director Review Completed 07/26/2023 8:46 AM Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 07/26/2023 8:57 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/26/2023 9:48 AM Office of Management and Budget Agnieszka Chudy Additional Reviewer Completed 07/26/2023 2:49 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 07/27/2023 4:43 PM Board of County Commissioners Geoffrey Willig Meeting Pending 08/08/2023 9:00 AM Packet Pg. 208 16.B.1.a Coter County Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR MULCH AND INSTALLATION SERVICES SOLICITATION NO.: 23-8118 PATRICK BOYLE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 Patrick.Boyle@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 209 16.B.1.a SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 23-8118 PROJECT TITLE: MULCH AND INSTALLATION SERVICES PRE -BID MEETING: N/A LOCATION: N/A DUE DATE Thursday, April 19, 2023, at 3:00 PM EST PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Road Maintenance Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Collier County, Road Maintenance — Landscape Operations, has been utilizing Contractors for over twenty years to purchase and install mulch in landscaped medians. Historically, County departments have spent approximately $1,478,232.40 (June 2020 — January 2022); however, this may not be indicative of future buying patterns. BACKGROUND Landscape Operations is responsible for maintaining landscaped roadway medians and right-of-way (ROW). The division utilizes contractual services for the purchase and installation of mulch as needed. Other divisions throughout the County may purchase bagged mulch or purchase the mulch with installation services. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one year renewal options. Prices shall remain firm for the first year (365 days) of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier reeulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price per category as outlined below: m m co c 0 0 c c 0 z co M N v as N c O 0 co 00 M N c a) E s M .r Q Packet Pg. 210 16.B.1.a • Lowest total bid per category. ➢ Collier County reserves the right to select one, or more than one supplier, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Award Primary, Secondary, and Tertiary Vendors for each category. ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. DETAILED SCOPE OF WORK Collier County divisions may submit orders to the Contractor to purchase mulch for pickup by County personnel that is loaded in the vehicle by the Contractor's personnel, request the Contractor to deliver mulch to designated locations and offloaded, or request the Contractor to provide the mulch with the installation which may include Temporary Traffic Control (TTC). These requests are on an "as -needed basis." 1. Mulch Installation Specifications: Mulch installation requests may be in roadway medians, ROW, County parks, County -owned or operated facilities, and a variety of other locations as requested. The Contractor shall follow Florida -Friendly Landscaping Guidelines for installing mulch. 1.1. The Contractor offloading mulch for installation shall use caution and not damage irrigation equipment, plants, turf, curbing, or hardscapes. Any damages shall be the Contractor's responsibility to correct within 48 hours or as designated by the Project Manager. 1.2. Do not unload excess bags of mulch in a single location that may cause installers to exceed the allowable installed mulch height requirements. 1.3. The Contractor installed mulch that is under or over the height requirements will be the Contractor's responsibility to add or remove mulch to meet the height requirements, at no additional cost to the County. 1.4. Apply mulch to bedded areas and around trees and palms as designated by the County Project Manager. 1.5. Apply new mulch in a level profile consistent with pre-existing grades, so that the final uniform depth will have a minimum of 2 inches in height but does not exceed the 3 inches of maximum height. 1.6. Avoid "volcano mulching" where much is piled against the tree trunk. 1.7. Keep mulch 12 to 18 inches away from the base of trees and palms. 1.8. Keep mulch 1 to 2 inches away from the plant's base. 1.9. Leave 1 foot of space from the curb's back edge. 1.10. Do not apply mulch on plants, plant trunk bases, or plant stems, and taper down to the soil at those locations. 1.11. In locations where the existing mulch bed is in contact with hardscapes or paved surfaces (i.e., sidewalks, roadway edges, or curbing and driveways), the Contractor shall lightly trench the mulch -hard surface bed line, so the mulch is contained within the installed area. 1.12. Rake or sweep mulch off paved areas, from the turf, and place it back into the plant beds while keeping the mulch applications progressing. 1.13. The Contractor shall rake smooth any mounded areas so that the depth does not exceed the maximum 3 inches in height. 1.14. Do not install mulch on or over valves, valve boxes, or irrigation equipment. 1.15. Install mulch to maintain the planting bed pathways for maintenance workers. 1.16. Improperly installed mulch shall be corrected immediately by the Contractor, at no additional cost to the County. 1.17. The Contractor shall immediately correct any deficient work where the mulch does not meet product or mulch installation specifications, at no additional cost to the County. 2. Product Specifications 2.1. Custom Collier County 100% Pine Brown Mulch (Categories A & B): A brown mulch with a slight red hue that is derived from 100% Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers, that is contaminate free, and is cured to eliminate seed germination of invasive plants or weeds (Current supplier: The Mulch & Soil Company dba Forestry Resources). 2.1.1. The formula is 40 Rojo, five and one-half pounds (5.5 lb.)., contains an ionized colorant to resist bleeding and staining, color enhanced that is fade -resistant with a non -toxic, biodegradable coating. 2.1.2. The shred size is minus 3-1/2 inches, but not too thin that it degrades rapidly. Any mulch pieces exceeding 3-1/2 inches will not be accepted. Any installed mulch exceeding these requirements will be the Contractor's responsibility to remove it and replace the mulch that complies with the product specifications. 2.1.3. The mulch cure time is 48 hours up to one week to prevent mulch colorant from bleeding onto hardscape surfaces and staining them. 2.1.4. Package the mulch in 2 cubic foot bags. The packaging material shall be at a minimum of 2.75 mil bag thickness or higher. m m c 0 c c R s U w M N (n v as c 0 M 0 co 0I M N c 0 E s U M .r Q Packet Pg. 211 16.B.1.a 2.1.5. Division staff has the authority to approve an equivalent product. 2.2. Brown Mulch (Categories C & D): Premium mulch manufactured exclusively from natural wood fiber, Contains NO reconstituted dimensional pressure -treated lumber. These materials are primarily derived from recycled materials such as land clearing (Supplier: The Mulch & Soil Company dba Forestry Resources). 2.2.1. The raw material should be a minus 3'/2" shredded wood as defined above, and free from any contamination. 2.2.2. Mulch is packaged in two cubic foot bags. The packaging material shall be at a minimum of 2.75 mil bag thickness or higher. 2.2.3. The wood is harvested from local South Florida sources. 2.2.4. The manufacturing process "cures" the mulch and prohibits seed germination of weeds and invasive plant species. 2.2.5. Incorporate a minimum of four pounds of pure environmentally safe pigment — (dry weight) into each cubic yard of mulch. 2.2.6. MSDS documentation — Ionized Colorant to be used is "Cocoa Brown." 2.2.7. Mulch shall be packaged in 2 cubic foot bags. 2.2.8. Division staff has the authority to approve an equivalent product. 3. Bid Schedule Line Items: The bid schedule has four categories: Category A & B: 100% Pine Brown Mulch and Category C & D: Brown Mulch. 3.1. County Pickup, 2 cubic foot bag: The County Project Manager or designee will pick up the mulch at the Contractor's location in Collier County. The unit price is inclusive of mulch, materials, labor, and equipment to load the mulch into County vehicles (if requested). 3.2. Contractor Delivered, 2 cubic foot bag: The County Project Manager will order the mulch, and the Contractor shall deliver to locations throughout Collier County as designated in the order request. The unit price is inclusive of mulch, materials, labor, and equipment to have the product delivered to a County designated location and offloaded (if requested). 3.3. Mulch and Installation, 2 cubic foot bag: The Contractor shall provide the mulch with labor to install that does not include temporary traffic control (TTC). These areas are within the County where there are no roadway traffic interferences. The unit price is inclusive of mulch, delivery, offloading, materials, labor, and equipment to install the mulch. 3.4. Mulch and Installation with TTC, 2 cubic foot bag: The Contractor shall provide the mulch with labor to install including TTC setup as required by the Florida Department of Transportation, 600 Design Series Index. MOT/TTC is required where mulch is being installed in roadway medians, right-of-way (ROW), or any place where it interferes with traffic flow. The unit price is inclusive of mulch, delivery, offloading, TTC plans, equipment (arrow boards, cones, etc.), setup, labor, supervision, and equipment to install the mulch. 4. Orders: County divisions requiring mulch and installation services will place orders directly with the Contractor as needed. 4.1. The Contractor shall assign an account representative(s) for order placements, installation schedules, order resolutions, billing, and other related account activities. The Contractor shall provide account representative names, phone numbers, and emails upon contract execution. 4.2. The County Project Manager will email orders to the Contractor's account representative(s). The Contractor shall immediately email County Project Manager if the mulch is on backorder at order placement. County Project Manager reserves the right to order from the next lowest bidder if there is a backorder. 4.3. The Contractor's account representative shall confirm the County order via email reply within one business day. 4.4. The Contractor shall process orders within two business days and deliver the order within five business days from receipt of the order (unless another schedule is approved by the County Project Manager). Divisions requiring mulch with installation shall coordinate work schedules with the Contractor. 4.5. If the Contractor is unable to process the mulch orders within five business days or the agreed upon schedule, then the County Project Manager may place an order with the next lowest Contractor. 4.6. If the Contractor is unable to provide and install mulch in the timeframe requested by County Project Manager, then County Project Manager may request mulch and installation services from the next lowest Contractor. 5. Delivery: The deliveries shall be FOB (Free on Board) destination that is included in the unit prices. 5.1. Delivery hours are Monday through Friday from 8:00 a.m. to 3:30 p.m. EST. There will be no deliveries after 3:30 p.m. EST, or on the 11 County observed holidays for which County offices are closed: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve, and Christmas day. 5.2. The Contractor shall contact the County Project Manager that placed the order, no less than 24 hours in advance, to coordinate the pickup or to schedule delivery of the mulch. 5.3. The Division receiving an order has the final authority as to the quality and acceptability of any products. Any product delivery found to be defective or incorrect (order errors on behalf of the Contractor) shall be returned to the Contractor at the m m co c 0 0 c c R s w oo M N CD o� LO N c 0 M U 0 co w I M N c m E t .r Q Packet Pg. 212 16.B.1.a Contractor's expense. The Contractor shall correct the issue and expedite the delivery within one business with the correct product, at no additional cost to the County. 5.4. Delivery locations are throughout Collier County. 6. Certification Requirement: The Contract or subcontractor shall have Maintenance of Traffic (MOT) OR Temporary Traffic Control (TTC), Intermediate Level Certification. Submit proof of certification with the bid submission or prior to the Notice of Recommended Award (NORA). 7. General Information 7.1. Work Commencement: The work shall commence with the issuance of a purchase order. 7.2. Work Hours: Monday through Friday from 7:00 a.m. to 5:00 p.m. and "Off Peak" hours are defined as 8:00 p.m. through 6:00 a.m. on weekdays and all day and night on Saturdays and Sundays. The Contractor shall request permission from the County Project Manager to work off peak hours. 7.3. 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. Lane closures require MOT/TTC with proper placement of lane closed signs, pre -warning signs, arrow boards, traffic cones, etc. 7.4. Road Alert (Mandatory Requirements Any lane closures require the Contractor to submit the Road Alert Notification Form for Lane Closures and Road Closures via email to Collier County Transportation Management Services Department. Link to Download the Road Alert form: https://www.colliercountyfl.gov//government/growth-management/services/construction- andmaintenance-public-information/road-alerts. 7.5. Work Delays: If there are delays in work notify the County Project Manager immediately and follow up with an email stating the cause of the delay within 48 hours. 7.6. Inspections: Onsite inspections may occur to monitor work progress and when the work is completed. The Contractor is to contact (by phone or email) the County Project Manager and Inspector when completed. 7.6.1. The County Inspector will notify the Contractor when the finished work fails to comply with the specifications. 7.6.2. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 7.6.3. The Contractor shall notify the County Inspector when deficient work is ready for re -inspection. 7.6.4. The County may make a final inspection of the work or request photographic evidence. The County will inform the Contractor of any necessary repair work not completed. 7.6.5. The Contractor shall immediately complete all incomplete work and arrange for another re -inspection. 7.6.6. There will be no cost to the County for the Contractor to correct deficient work. 7.7. Contractor Performance: The Contractor shall perform as described in the Scope of Work and specifications in a safe, and proper manner that is satisfactory to the County Project Manager. 7.7.1. The Contractor agrees it has the financial capabilities and resources to perform the work. 7.7.2. The Contractor shall immediately notify the County's Contract Administrator in writing if its ability to perform the work under the Contract is compromised in any manner. 7.7.3. The County Project Manager may utilize the Secondary Contractor if the Primary Contractor cannot provide the mulch and/or perform the mulch installations as requested. 7.7.3.1. If the Primary Contractor continually fails to provide service requests, their Contract may be terminated, and the Secondary Contractor will assume all work under the terms of the Contract. 7.7.3.2. During any notice of default, breach, or suspension, the County shall have the full authority to utilize the Secondary Contractor as the Primary Contractor. 7.7.3.3. The same is in effect for the Secondary Contractor for County staff to utilize the Tertiary Contractor. 7.8. Key Personnel: The Contractor shall provide contact information to the County's Contract Administrator before the contract kick-off meeting. The information must include names with titles, email addresses, and telephone numbers (direct business line and cell phone). 7.8.1. Key Personnel employees must be English-speaking to effectively communicate with the County Project Manager. 7.8.2. The Contractor shall immediately notify the County Project Manager in the absence of key personnel and provide the substitution personnel information via email. 7.8.3. The County reserves the right to remove key personnel from the Contract that fails to communicate with County staff effectively. 7.9. Meetings: Either party may request meetings throughout the contract term, requiring mandatory attendance. There are no additional costs to the County for meetings. m m co c c c 0 z U co M N m v as LO N c 0 M 0 co w I M N c m E s .r Q Packet Pg. 213 16.B.1.a 7.10. Temporary Traffic Control (TTC): The Contractor is responsible for setting up TTC 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. 7.10.1. The Contractor is responsible for maintaining TTC while performing services in the right-of-way and roadways. 7.10.2. TTC is a requirement for the safety and protection of the Contractor's employees and motorists during services' performance. 7.10.3. It is the Contractor's sole responsibility for safety in the work zone. 7.10.4. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 7.10.5. Subcontracting TTC is authorized. 7.10.6. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's 7.10.7. Certified TTC employee to meet the County Project Manager within twenty (20) minutes of the initial contact to address work zone safety issues. 7.10.8. TTC setup that does not comply will have operations ceased until TTC is corrected per the FDOT standards and MUTCD. 7.11. Work Zone Safety: The Contractor shall use caution while working on County Right -of -Way (ROW) (i.e., roads, sidewalks, bike paths, etc.), roadway medians, in or around County -owned or operated facilities. 7.11.1. American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) Class 2 or 3 Vests, T-shirts, or similarly labeled garments depending on the time of day. 7.11.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles. 7.11.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 7.11.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 7.12. Price Modifications: Price increase requests may be submitted annually (365 days from the agreement anniversary date). 7.12.1. Submit price increase requests in writing by email to the County's Contract Administrator no less than 30 days before the annual contract anniversary date for consideration. 7.12.2. Price increase requests review may take over 60 days to complete. 7.12.3. Retroactive price adjustments are not authorized. 7.12.4. The Contractor shall provide supporting documentation justifying price increases (examples: Bureau of Labor Statics, supplier material agreements, fuel increases, etc.). If there is no documented proof, price increases will not be considered. 7.12.5. The Contract Administrator shall analyze prices to determine whether increases are fair and reasonable using the following methods: price competition (reviewing competitive bids or offers), market prices, historical prices, or independent estimates. 7.12.6. The Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. 7.12.7. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The bid tabulation shall be modified with the price increases, or an amendment processed, as required, and uploaded into the County's Finance system. 7.12.8. Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. 7.13. Compensation: 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." 7.13.1. Invoices may be rejected for inaccurate information and documentation. 7.13.2. Invoices shall include the Division Name, Contract Number, Purchase Order Number, and itemized line item. m m co c �s c c 0 z co oo M N M v LO N c 0 M 0 co w I 00 M N c m E s U .r Q Packet Pg. 214 16.B.1.a VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients during a period of the last 5 years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using Form 5 provided in BidSync as part of the Required Forms. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. Packet Pg. 215 16.B.1.b PS:Patrick Boyle PM: Melissa Pearson BID TABULATION 23-8118 Mulch and Installation Services Mulch must meet Product Specifications as described in the solicitation document. Award is based on the lowest total bid per category. Interested bidders can select the categories to bid; how-, all items within the category must be bid to be considered responsive for the award. Off Peak is defined to mean the hours of 8:00 PM EST through 6:OOAM EST on weekdays and all day and night on Satmdays and Sundays. Maintenance of Traffic (MOT) or Temporary Traffic Control (TTC), Intermediate Level Certification is required t installations. Notifications Sent: 10380 Packages Viewed: 45 Bid Submittals: 3 Primary Secondary Tertiary SUPERIOR LANDSCAPING & LAWN SERVICE, INC. FORESTRY RESOURCES, LLC DBA THE MULCH AND SOIL COMPANY SOUTHEAST SPREADING COMPANY, LLC Cateaory A. 100 % Pine Brown Mulch (Pickup or Delivered) (100 % Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers, that is contaminate free, and is coned to eliminate seed germination of invasive plants or weeds). Item Description UOM Unit Price I Unit Price I Unit Price 1 County Pickup, 2 cubic foot bag Each $ 2.44 $ 2.80 $ 3.40 2 Contractor Delivered, 2 cubic foot bag Each $ 2.88 $ 2.93 $ 3.60 Total Bid Category A. $ 5.32 $ 5.73 $ 7.00 Non -Responsive Cateaory B. 100 % Pine Brown Mulch (Installation Services) (100 % Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers, that is contaminate free, and is coned to eliminate seed germination of invasive plants or weeds). Item Description UOM Unit Prce Unit Price Unit Price l Mulch and Installation, 2 cubic foot bag Each $ 6.75 S $ 5.05 2 Mulch and Installation with TTC, 2 cubic foot bag Each $ 7.88 $ 6.5 $ 5.55 3 Off Peak Hours -Mulch and Installation with TTC, 2 cubic foot bag Each $ 8.90 $ 5.55 Total Bid Category B. $ 2. $ 16.15 Cateaory C. Brown Mulch (Pickup or Delivered) Premium mulch manufactured exclusively from natural wood fiber, Contains NO reconstituted dimensional of pressure treated lumber. Item Description UOM Unit Price I Unit Price Unit Price l County Pickup, 2 cubic foot bag Each $ 2.44 $ 1.99 $ 2.60 2 Contractor Delivered, 2 cubic foot bag Each $ 2.80 $ 2.12 $ 2.80 Total Bid Category C. $ 5.24 $ 4.11 $ 5.40 Non -Responsive Premium mulch manufactured Cateaory D. Brown Mulch (Installation Services) exclusively from natural wood fiber, Contains NO reco usfituted dimensional of pressure treated lumber. Item Description UOM Unit Price Unit Price Unit Price l Mulch and Installation, 2 cubic foot bag Each $ 5.75 $ 4.25 2 Mulch and Installation with TTC, 2 cubic foot bag Each $ 6.88 $ 4.75 3 Off Peak Hours -Mulch and Installation with TTC, 2 cubic foot bag Each $ 7.90 $ 4.75 Total Bid Category D. $ 20.53 $ 13.75 0 SUPERIOR LANDSCAPING 8, 1 FORESTRY RESOURCES, LLC DBA I SOUTHEAST SPREADING LAWN SERVICE, INC. THE MULCH AND SOIL COMPANY COMPANY, LLC VENDOR CHECKLIST Required Documents YES/NO YES/NO YES/NO Form 1: Vendor Declaration Statement YES YES YES Form 2: Conflict of Interest Certification Affidavit YES YES YES Form 3: Immigration Affidavit Certification YES YES YES Form 4: Local Vendor Preference YES YES YES Business Tax Receipt YES YES YES Form 5: References YES YES* YES W-9 YES* YES YES Sun Biz YES* YES YES E-Verify YES* YES YES Addendum (1) YES YES YES Temporary Traffic Control (TTC), Intermediate Level Certification or Maintenance of Traffic (MOT) YES YES YES Bid Schedule YES YES YES 'Deemed minor irregularity Opened: Patrick Boyle Witness: Juan Delgado C O 7 m 00 T M N C d E Z U M 4+ a+ a Packet Pg. 216 DocuSign Envelope ID: 27CB9B4B-F884-4634-97CC-BEE43E4A476E 16.B.1.c Coe-r C01.nt y Procurement Services Division Notice of Recommended Award Solicitation: 23-8118 Title: Mulch and Installation Services Due Date and Time: April 20, 2023, at 3:00 PM EST Respondents: Company Name City County State Bid Amount Responsive/Responsible Superior Landscaping & Fort Myers Lee FL See Tabulation Y/Y Lawn Service, Inc. Forestry Resources, LLC Fort Myers Lee FL See Tabulation Y/Y d/b/a The Mulch and Soil Company Southeast Spreading Naples Collier FL See Tabulation Y/Y Company, LLC Utilized Local Vendor Preference: Yes 0 No - Recommended Vendor(s) For Award: On March 20, 2023, Procurement Services Division released notices for Invitation to Bid (ITB) No. 23-8118 Mulch and Installation Services, to ten thousand three hundred and eighty (10,380) vendors. Forty-five (45) vendors viewed the solicitation information, and three (3) bids were submitted by the April 20, 2023, deadline. Forestry Resources, LLC d/b/a The Mulch and Soil Company and Superior Landscaping & Lawn Service, Inc. were contacted to resolve minor irregularities. Superior Landscaping & Lawn Service, Inc. and Southeast Spreading Company, LLC were deemed responsive and responsible for all categories. Forestry Resources, LLC d/b/a The Mulch and Soil Company was deemed responsive (for Category A and C) and responsible, however they were non -responsive for Category B and D for failing to submit on all line items for those categories. Staff is recommending award by Category to primary/secondary/tertiary vendors, as follows: Staff recommends award for Category A to Superior Landscaping & Lawn Service, Inc. as the primary vendor, Forestry Resources, LLC d/b/a The Mulch and Soil Company as the secondary vendor and Southeast Spreading Company, LLC as the tertiary vendor. Staff recommends award for Category B to Southeast Spreading Company, LLC as the primary vendor and Superior Landscaping & Lawn Service, Inc as the secondary vendor. Staff recommends award for Category C to Forestry Resources, LLC d/b/a The Mulch and Soil Company as the primary vendor, Superior Landscaping as the secondary vendor and Southeast Spreading Company, LLC as the tertiary vendor. Staff recommends award for Category D to Southeast Spreading Company, LLC as the primary vendor and Superior Landscaping & Lawn Service, Inc. as the secondary vendor. Contract Driven = Purchase Order Driven 0 Packet Pg. 217 DocuSign Envelope ID: 27CB9B4B-F884-4634-97CC-BEE43E4A476E 16.B.1.c Required Signatures DocuSigned by: Project Manager: I M.tUSS& Pt,A.V 61& 5/25/2023 by: Procurement Strategist: I '""O �O 5/25/2023 gjt Services Director: Sandra Herrera 5/25/2023 Date Packet Pg. 218 16.B.1.d FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 23-8118 for "Mulch and Installation Services" THIS AGREEMENT, made and entered into on this day of 2023 , by and between FORESTRY RESOURCES, LLC, dlbla THE MULCH AND SOIL COMPANY, authorized to do business in the State of Florida, whose business address is 4353 Michigan Link, Fort Myers, FL 33916 _, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing 0 upon the date of Board approval; er ❑ 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 ❑ Notiee to Ppeeeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Jae ❑■ Invitation to Bid (ITB) ❑ G -- ( ) # 23-8118 , 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 Sen ice Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 219 16.B.1.d 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. ❑ T111e-p ❑ Other 34 ❑resewes the Fight te 6penii+r in ennh Request for ni '" pFj(}d of o+ e 1! damages in the event of late ;dhe Prose �Me}h legy s ele.nte _in_/t 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): ❑ L-urn"um (Fixed-RNse): A firm fix-e zeta4r4se-e#eOng-f-Gpa-pfejeet;- e4isks-ar-e satisfaction ef the Geunb' , j ' ianagw befoFe payment feF the foxed price 69ntFae is n+ therizer•1 ❑ 'At Of ';;h9 Of 190LIFS times h9HFIY Fate), and feF matefials and equipment used ip the et (G96t 9 mateFials plus the 6entraetw's markup). This me ...d in prejeetr,-I'A inS-+. i}���.$ii,�IT� nnn++�rn�F,e l+r estimate Fi-+e si�a.ln��}]�f�rn er+Arhen it is evnnr+ied nd� i rpL�:� " + �e M + 0 ef—hours weFked and billing Fate by position (and not cempany (er SUbG9RtFaetor4 tip deGurneRtafi9n for the pFeje8t. 0 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 Agreeinent 2022_Ver.3 CNO Packet Pg. 220 16.B.1.d 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 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. 476 ii, 1. Expens Tfave�-� expenses shall he reify bu%ed_as__per�'veetien 1 ! 2.061 Fla. Gist& Ii=R=MIM IMI&I-WMI11 as � • as 1111111011 i 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 # 85-8015966531 C. Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 221 16.B.1.d 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: Address: FORESTRY RESOURCES, LLC, d1b/a THE MULCH AND SOIL COMPANY 4353 Michigan Link _ Fort Myers, FL 33916 Authorized Agent: Mark West, Manager Attention Name & Title: Kristine Magee, Customer Service Manager Telephone: 239 334-73431 239 334-7272 E-Mail(s): CustomerService@themulchsoilco.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Division Name: Address: Administrative Agent/PM: Telephone: E-Mail(s): Marshal Miller Road Maintenance Division 4800 Davis Blvd. Naples, FL 34104 Melissa Pearson 239 252-5591 Mel issa.Pearson AColIierCountyFL.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 -Co nlractOr Agreement 2022_Ver.3 ` A !` f Packet Pg. 222 16.B.1.d 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. FRI 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. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability, Coverage shall have minimum limits of $ 500,000 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. [W Workers' Compensation: insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 500,000 for each accident. Page 5 of 17 Piled Term 'Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 223 16.B.1.d 9, ❑ Dress nal Wmaintained he Gentrnntnr to ensure its legal AgFeemeRt.-GeP-AtF-a-.'-F waives its Fight Of FeGeveFy against County as to any elaim6 unde this iRSUFaHGe. Sueh 'nsuranee shall have limots of not less thaR $ e a e1h. rNaim and gg egate. ❑ Garhnr 1 iohil � all have minimum_IT - ❑ �e 6hallll have minimum limits of $ _--_ neF Glaurn. G- ❑=6eueFa ffe shall have nmmum limits of $ PeF E;l H- ❑ I G else shall vminimum limits ef$ peF n�ln'Tmr 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 G of 17 Fixed Tenn 5eMee Multi -Contractor Agreement 2022_Ver.3 r'' Packet Pg. 224 16.B.1.d 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, ❑ t FP W ITB/❑ Other # 23-8118 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequen quetes,-aed, ❑ OtheF ExhibiYAttaGhnqent: 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 Fired Term Service Multi-Contraclor Agreement 2022_Ver.3 Packet Pg. 225 16.B.1.d 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, as well as the requirements set forth in Florida Statutes, §448,095; 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: PublicRecordReguestaa.colliercountyfl.goov_ 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 Page 8 of 11 Fixed Term Service Multi -Contractor Agreement 2022 Ver.3 �� f"t: Packet Pg. 226 16.B.1.d Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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 filing 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 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. FM 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. Page 9of17 fixed Tenn Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 227 16.B.1.d 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. [K 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. 0 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. Page 10 of 17 Fixed Temi Service Multi -Contractor Agreement 2022_Ver.3 CAO Packet Pg. 228 16.B.1.d B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project, If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, 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 ITEMSISERVICES. 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 Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 229 16.B.1.d or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. - -- - - -- ■ F■ 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. •_ - - WWWORM - + - - - - - - - Qlp �- - 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 Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2022 Ver.3 r`+ Packet Pg. 230 16.B.1.d costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. 0 SAFETY, All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site, Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (intentionally left blank -signature page to follow) Page 13of17 Fixed Tenn Service Multi -Contractor Agrecimm 2022_Vcr.3 Packet Pg. 231 16.B.1.d 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: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: Contractor's irst Witness Un&LCA TType/print Jvitness nameT Contractor's Second Maiss KAA'wee.,, TType/print witn s nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro Chairman FORESTRY RESOURCES, LLC Contractor THE MULCH AND SOIL COMPANY EM By: Signature yy" TType/print signature and titleT Page 14 or 17 Filed "reran Service Multi -Contractor Agreement 2022_Vcc3 ' A 5 A� Packet Pg. 232 16.B.1.d Exhibit A Scope of Services ❑■ following this page (pages I through 6 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Mkilti-Contractor Agreement 2022_Ver3 Packet Pg. 233 16.B.1.d Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" EXHIBIT A SCOPE OF SERVICES The services provided throughout this Agreement shall be awarded on a Pritnaty/Secondary/Tertiary basis by Category as follows: CATEGORY A: Primary Contractor: Superior Landscaping & Lawn Service Inc. Secondary Contractor: Forestry Resources, LLC dlbla The Mulch and Soil Company Tertiary Contractor: Southeast Spreading Company, LLC CATEGORY 13: Primary Contractor: Southeast Spreading Company, LLC Secondary Contractor: Superior Landscaping & Lawn Service Inc. CATEGORY C: Primary Contractor: Forestry Resources, LLC d/b/a The Mulch and Soil Company Secondary Contractor: Superior Landscaping & Lawn Service Inc. Tertiary Contractor: Southeast Spreading Company, LLC CATEGORY D: Primary Contractor: Southeast Spreading Company, LLC Secondary Contractor: Superior Landscaping & Lawn Service Inc. Collier County divisions may submit orders to the Contractor to purchase mulch for pickup by County personnel that is loaded in the vehicle by the Contractor's personnel, request the Contractor to deliver mulch to designated locations and offloaded, or request the Contractor to provide the mulch with the installation which may include Temporary Traffic Control (TTC). These requests are on an "as -needed basis." 1. Mulch Installation Specifications; Mulch installation requests may be in roadway medians, ROW, County parks, County -owned or operated facilities, and a variety of other locations as requested. The Contractor shall follow Florida -Friendly Landscaping Guidelines for installing mulch. 1.1. The Contractor offloading mulch for installation shall use caution and not damage irrigation equipment, plants, turf, curbing, or hardscapes. Any damages shall be the Contractor's responsibility to correct within 48 hours or as designated by the Project o Manager. rL� v 1.2. Do not unload excess bags of mulch in a single location that may cause installers to exceed the allowable installed mulch height requirements. a V 1.3. The Contractor installed mulch that is under or over the height requirements will be the Contractor's responsibility to add or w remove mulch to meet the height requirements, at no additional cost to the County, M 1.4. Apply mulch to bedded areas and around trees and palms as designated by the County Project Manager. N c 1.5. Apply new mulch in a level profile consistent with pre-existing grades, so that the final uniform depth will have a in inimum of 2 inches in height but does not exceed the 3 inches of maximum height. 1.6. Avoid "volcano mulching" where much is piled against the tree trunk. Q 1.7. Keep mulch 12 to 18 inches away from the base of trees and palms. 1.8. Keep mulch 1 to 2 inches away from the plant's base. Page 1 of 6 EXHIBIT A — Scope of Services Packet Pg. 234 16.B.1.d Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" EXHIBIT A SCOPE OF SERVICES N d The services provided throughout this Agreement shall be awarded on a Primacy/Secondary/Terticrly basis by Category as Z follows: ton CATEGORY A. C Primary Contractor: Superior Landscaping & Lawn Service Inc. Secondary Contractor: Forestry Resources, LLC dibla The Mulch and Soil Company = Tertiary Contractor: Southeast Spreading Company, LLC _ CATEGORY 13: s U Primary Contractor: Southeast Spreading Company, LLC Secondary Contractor: Superior Landscaping & Lawn Service Inc. 00 CATEGORY C: M N Primary Contractor: Forestry Resources, LLC dlb/a The Mulch and Soil Company Secondary Contractor: Superior Landscaping & Lawn Service Inc. Tertiary Contractor: Southeast Spreading Company, LLC v CATEGORY D: Primary Contractor: Southeast Spreading Company, LLC Secondary Contractor: Superior Landscaping & Lawn Service Inc. Collier County divisions may submit orders to the Contractor to purchase mulch for pickup by County personnel that is loaded in the vehicle by the Contractor's personnel, request the Contractor to deliver mulch to designated locations and offloaded, or request the Contractor to provide the mulch with the installation which may include Temporary Traffic Control (TTC). These requests are on an "as -needed basis." 1. Mulch Installation Specifications: Mulch installation requests may be in roadway medians, ROW, County parks, County -owned or operated facilities, and a variety of other locations as requested. The Contractor shall follow Florida -Friendly Landscaping Guidelines for installing mulch. 1.1. The Contractor offloading mulch for installation shall use caution and not damage irrigation equipment, plants, turf, curbing, or hardscapes. Any damages shall be the Contractor's responsibility to correct within 48 hours or as designated by the Project Manager. 1.2. Do not unload excess bags of mulch in a single location that may cause installers to exceed the allowable installed mulch height requirements. 1.3. The Contractor installed nnulch that is Linder or over the height requirements will be the Contractor's responsibility to add or remove mulch to meet the height requirements, at no additional cost to the County. 1.4. Apply mulch to bedded areas and around trees and palms as designated by the County Project Manager. 1.5. Apply new mulch in a level profile consistent with pre-existing grades, so that the final uniform depth will have a minimunn of 2 inches in height but does not exceed the 3 inches of maximum height. 1.6. Avoid "volcano mulching" where much is piled against the tree trunk. 1.7. Keep nnulch 12 to 18 inches away from the base of trees and palms. 1.8. Keep mulch I to 2 inches away from the plant's base. Page 1 of 6 EXHIBIT A — Scope of Services Packet Pg. 235 16.B.1.d Invitation to Bid (ITB) ##23-8118 "Mulch and Installation Services" 1.9. Leave I foot of space from the curb's back edge. 1.10. Do not apply mulch on plants, plant trunk bases, or plant stems, and taper down to the soil at those locations. N d v 1,1 1. In locations where the existing mulch bed is in contact with hardscapes or paved surfaces (i.e., sidewalks, roadway edges, or Z curbing and driveways), the Contractor shall lightly trench the mulch -hard surface bed line, so the mulch is contained within CD the installed area. c 0 1.12. Rake or sweep mulch off paved areas, from the turf, and place it back into the plant beds while keeping the mulch applications a progressing. <�v N C 1.13. The Contractor shall rake smooth any mounded areas so that the depth does not exceed (lie maximum 3 inches in height. c 1.14. Do not install mulch on or over valves, valve boxes, or irrigation equipment. s U 1.15. Install mulch to maintain the planting bed pathways for maintenance workers. M 1.16. Improperly installed mulch shall be corrected immediately by the Contractor, at no additional cost to the County. 00 1.17. The Contractor shall immediately correct any deficient work where the mulch does not meet product or mulch installation N specifications, at no additional cost to the County. 2. Product Specifications LO N 2.1. Custom Colliet• County 100% Pine Brown Mulch: (Categories A & B): A brown mulch with a slight red hue that is derived from 100% Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It c contains only natural wood fibers, that is contaminate free, and is cured to eliminate seed germination of invasive plants or at fA weeds. 2.1.1. The formula is 40 Rojo, five and one-half pounds (5.5 lb.)., contains an ionized colorant to resist bleeding and staining, color enhanced that is fade -resistant with a non -toxic, biodegradable coating. 2.1.2. The shred size is minus 3-1f2 inches, but not too thin that it degrades rapidly. Any mulch pieces exceeding 3-112 inches will not be accepted. Any installed nnulch exceeding these requirements will be the Contractor's responsibility to remove it and replace the mulch that complies with the product specifications. 2.1.3. The mulch cure time is 48 hours up to one week to prevent mulch colorant from bleeding onto hardscape surfaces and staining them. 2.1.4. Package the mulch in 2 cubic foot bags. The packaging material shall be at a minimum of 2.75 mil bag thickness or higher. 2.1.5. Division staff has the authority to approve an equivalent product. 2.2. Brown Mulch: (Categories C & D): Premium mulch manufactured exclusively from natural wood fiber, Contains NO reconstituted dimensional pressure -treated lumber. These materials are primarily derived from recycled materials such as land clearing. 2.2.1. The raw material should be a minus 3%z" shredded wood as defined above, and free from any contamination. 2.2.2. Mulch is packaged in two cubic foot bags. The packaging material shall be at a minimum of 2.75 mil bag thickness or higher. 2.2.3. The wood is harvested from local South Florida sources. 2.2.4. The manufacturing process "cures" the mulch and prohibits seed germination of weeds and invasive plant species. 2.2.5. Incorporate a minimum of four pounds of pure environmentally safe pignnent — (dry weight) into each cubic yard of mulch. Page 2 of 6 EXHIBIT A — Scope of Services Packet Pg. 236 16.B.1.d Invitation to Bid (ITB) #23-8118 "Mulch and bsstallatiott Set -vices" 2.2.6. MSDS documentation — Ionized Colorant to be used is "Cocoa Brown," 2.2.7. Mulch shall be packaged in 2 cubic foot bags. N d 2.2.8. Division staff has the authority to approve an equivalent product. m 3. Fee Schedule Line Itens: The Exhibit B Fee Schedule has four categories: Category A & B: 100% Pine Brown Mulch and = Category C & D: Brown Mulch. 2 3.1. County Pickug, 2 cubic foot bag: The County Project Manager or designee will pick up the mulch at the Contractor's N location in Collier County. The unit price is inclusive of mulch, materials, labor, and equipment to load the mulch into County e vehicles (if requested). 3.2. Contractor Delivered. 2 cubic foot baE: The County Project Manager will order the mulch, and the Contractor shall deliver m to locations throughout Collier County as designated in the order request. The unit price is inclusive of mulch, materials, 2 labor, and equipment to have the product delivered to a County designated location and offloaded (if requested). 2 00 3.3. iMulch and Installation, 2 cubic foot We: The Contractor shall provide the mulch with labor to install that does not include T_ w temporary traffic control (TTC). These areas are within the County where there are no roadway traffic interferences. The M unit price is inclusive of mulch, delivery, offloading, materials, labor, and equipment to install the mulch. cv 3.4. tMulch and Installation with T'I'C, 2 cubic foot bag: The Contractor shall provide the mulch with labor to install including TTC setup as required by the Florida Department of Transportation, 600 Design Series Index. NIOT/TTC is required where LO v mulch is being installed in roadway medians, right-of-way (ROW), or any place where it interferes with traffic flow. The -0 unit price is inclusive of mulch, delivery, offloading, TTC plans, equipment (arrow boards, cones, etc.), setup, labor, supervision, and equipment to install the mulch. at 4, Orders: County divisions requiring mulch and installation services will place orders directly with the Contractor as needed. 4.1. The Contractor sltall assign an account representative(s) for order placements, installation schedules, order resolutions, billing, and other related account activities. The Contractor shall provide account representative names, phone numbers, and entails upon contract execution. 4.2. The County Project Manager will email orders to the Contractor's account representative(s). The Contractor shall immediately email County Project Manager if the mulch is on backorder at order placement. County Project Manager reserves the right to order from the next Contractor if there is a backorder. 4.3. The Contractor's account representative shall confirm the County order via email reply within one business day. 4.4. The Contractor shall process orders within two business days and deliver the order within five business days from receipt of the order (unless another schedule is approved by the County Project Manager). Divisions requiring mulch with installation shall coordinate work schedules with the Contractor. 4.5. If the Contractor is unable to process the mulch orders within five business days or the agreed upon schedule, then the County Project Manager may place an order with the next lowest Contractor. 4.6. If the Contractor is unable to provide and install mulch in the timefrarne requested by County Project Manager, then County Project Manager may request mulch and installation services from the next lowest Contractor. 5. Deliver : The deliveries shall be FOB (Free on Board) destination that is included in the unit prices. 5.1. Delivery hours are Monday through Friday from 8:00 a.m. to 3:30 p.m. EST. There will be no deliveries after 3:30 p.m. EST, or on the 1 I County observed holidays for which County offices are closed: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve, and Christmas day. 5.2. The Contractor sltall contact the County Project Manager that placed the order, no less than 24 hours in advance, to coordinate the pickup or to schedule delivery of the mulch. Page 3 of 6 EXHIBIT A -- Scope of Services Packet Pg. 237 16.B.1.d Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" 5.3. The Division receiving an order has the final authority as to the duality and acceptability of any products. Any product delivery found to be defective or incorrect (order errors on behalf of the Contractor) shall be returned to the Contractor at the Contractor's expense. The Contractor shall correct the issue and expedite the delivery within one business with the connect N product, at no additional cost to the County. v r 5.4. Delivery locations are throughout Collier County. m 6. Certification Requirement; The Contractor or subcontractor shall have Maintenance of Traffic (MOT) OR Temporary Traffic c C Control (TTC), Intermediate Level Certification. eri 7. General Information W c 7.1. Work Commencement: The work shall commence with the issuance of a purchase order. _ 7.2. Work Hours: Monday through Friday from 7:00 a.m. to 5:00 p.m. and "Off Peak" hours are defined as 8:00 p.m. through s 2 6:00 a.m. on weekdays and all day and night on Saturdays and Sundays. The Contractor shall request permission from the 2 County Project Manager to work off peak hours. 00 7.3. 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 M 6:30 p.m. on weekdays. Lane closures require MOT/TTC with proper placement of lane closed signs, pre -warning signs, cv arrow boards, traffic cones, etc. 7.4. Road Alert (Mandatory Requirement): Any lane closures require the Contractor to submit the Road Alert Notification Dorm N for Lane Closures and Road Closures via email to Collier County Transportation Management Services Department. Link to Download the Road Alert form: littps:/hvww.coIIiercoumtyfl.gov/_government/groNvtli-management/services/construction- y andmainteitanc J)tiblic-inforntatio+i/road-alerts. 0 7.5. Work Delays: If there are delays in work notify the County Project Manager inunediately and follow up with an email stating the cause of the delay within 48 hours. 7.6. Inspections: Onsite inspections may occur to monitor work progress and when the work is completed. The Contractor is to contact (by plione or email) the County Project Manager and Inspector when completed. 7.6.1. The County Inspector will notify the Contractor when the finished work fails to comply with the specifications. 7.6.2. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 7.6.3. The Contractor shall notify the County Inspector when deficient work is ready for re -inspection. 7.6.4. The County may make a final inspection of the work or request photographic evidence. The County will inform the Contractor of any necessary repair work not completed. 7.6.5. The Contractor shall immediately complete all incomplete work and arrange for another re -inspection. 7.6.6. There will be no cost to the County for the Contractor to correct deficient work. 7.7. Contractor Performance: The Contractor shall perform as described in the Scope of Work and specifications in a safe, and proper manner that is satisfactory to the County Project Manager. 7.7.1. The Contractor agrees it has the financial capabilities and resources to perform the work. 7.7.2. The Contractor shall immediately notify the County's Contract Administrator in writing if its ability to perform the work under the Contract is compromised in any manner. 7.7.3. The County Project Manager may utilize the Secondary Contractor if the Primary Contractor cannot provide the mulch and/or perform the mulch installations as requested. 7.7.3.1. If the Primary Contractor continually fails to provide service requests, their Contract may be terminated, and the Secondary Contractor will assume all work under the terms of the Contract. Page 4 of 6 EXHIBIT A — Scope of Services Packet Pg. 238 16.B.1.d Invitation to Bid (M) #23-8118 "Mulch and Installation Services" 7.7.3.2. During any notice of default, breach, or suspension, the County shall have the full authority to utilize the Secondary Contractor as the Primary Contractor. N 7.7.3.3. The same is in effect for the Secondary Contractor for County staff to utilize the Tertiary Contractor. v 7.8. Key Personnel: The Contractor shall provide contact information to the County's Contract Administrator before the contract kick-off meeting. The information must include names with titles, email addresses, and telephone numbers (direct business c line and cell phone). C 7.8.1. Key Personnel employees must be English-speaking to effectively communicate with the County Project Manager. y c 7.8.2. The Contractor shall immediately notify the County Project Manager in the absence of key personnel and provide the substitution personnel information via email. s 7.8.3. The County reserves the right to remove key personnel from the Contract that fails to communicate with County staff 2M effectively. 2 00 7.9. Meetings: Either party may request meetings throughout the contract term, requiring mandatory attendance. There are no w additional costs to the County for meetings. M N 7.10, Temporary Traffic Control Mrc): The Contractor is responsible for setting up TTC with the right equipment and proper placement of lane closed signs, pre -warning signs, arrow boards, traffic cones, message boards, warning devices, barriers, or LO flagmen. N 7.10.1. The Contractor is responsible for maintaining TTC while performing services in the right-of-way and roadways. a� 7,10.2. TTC is a requirement for the safety and protection of the Contractor's employees and motorists during services' N performance. -Da 7.10.3. It is the Contractor's sole responsibility for safety in the work zone. 7.ID.4. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 7.10.5. Subcontracting TTC is authorized. 7.10.6. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's 7.103. Certified TTC employee to meet the County Project Manager within twenty (20) minutes of the initial contact to address work zone safety issues. 7.10.9. TTC setup that does not comply will have operations ceased until TTC is corrected per the FDOT standards and MUTCD. 7.11. Work Zone Safety: The Contractor shall use caution while working on County Right -of -Way (ROW) (i.e., roads, sidewalks, bike paths, etc.), roadway medians, in or around County -owned or operated facilities. 7.1 1.1. American National Standards Institute/international Safety Equipment Association (ANSI/ISEA) Class 2 or 3 Vests, T-shirts, or similarly labeled garments depending on the time of day. 7.11.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, anti stop/slo►v paddles. 7.11.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site, 7.1 1 A. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling Public. Page 5 of 6 EXHIBIT A — Scope of Services Packet Pg. 239 16.B.1.d Invitation to Bid (ITB) 423-8118 "Mulch and Installation Services" 7.12. Price Modifications: Price increase requests may be submitted annually (365 days from the agreement anniversary date). 7.12.1, Submit price increase requests in writing by email to the County's Contract Administrator no less than 30 days before the annual contract anniversary date for consideration. 7.122. Price increase requests review may take over 60 days to complete. 7.12.3. Retroactive price adjustments are not authorized. 7.12.4. The Contractor shall provide supporting documentation justifying price increases (examples: Bureau of Labor Statics, supplier material agreements, fuel increases, etc.). If there is no documented proof, price increases will not be considered. 7.12.5. The Contract Administrator shall analyze prices to determine whether increases are fair and reasonable using the following methods: price competition (reviewing competitive bids or offers), market prices, historical prices, or independent estimates. 7.12.6. The Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. 7.12.7. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The Exhibit B Fee Schedule shall be modified with the price increases, or an amendment processed, as required, and uploaded into the County's Finance system. 7,12.9. Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. 7.13. Compensation: 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." 7,13.1. Invoices may be rejected for inaccurate information and documentation. 7.13.2, Invoices shall include the Division Name, Contract Number, Purchase Order Number, and itemized line item Page 6 of 6 EXHIBIT A — Scope of Services Packet Pg. 240 16.B.1.d Exhibit B Fee Schedule following this page (pages I through I ) Page 16 of 17 Fixed "reran Service Multi -Contractor Agreement 2022_Ver.3 CAA Packet Pg. 241 16.B.1.d Invitation to Bid (1TB) ##23-8118 "Mulch and Installation Services" Forestry Resources, LLC (SECONDARY CONTRACTOR) Category A. 100% Pine Brown Mulch (Pickup or Delivered) (100% Pine trees fi-om commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers, that is contaminate free, and is cared to eliminate seed germination of invasive plants or weeds). Item Description UO\1 Unit Price 1 County Pickup, 2 cubic foot bag Each $ 2,80 2 Contractor Delivered, 2 cubic foot bag Each $ 2,93 Forestry Resources, LLC (PRIMARY CONTRACTOR) Category C. Brown Mulch (Pickup or Delivered) Premium mulch manufactured exclusively from natural wood Fiber, Contains NO reconstituted dimensional of pressure treated lumber. Item Description UOh1 1 Unit Price I County Pickup, 2 cubic foot bag Each $ 1.99 2 Contractor Delivered, 2 cubic foot bag Each $ 2.12 Note: "Off Peak" is defined to mean the hours of 8:00 PM EST through 6:OOAM EST on weekdays and all day and night on Saturdays and Sundays. Note: Maintenance of Traffic (MOT) or Temporary Traffic Control (`I TQ, Intermediate Level Certification is required for installations. Prices shall remain firin for the first year (365 days) of this contract. Page 1 of 1 CAO Packet Pg. 242 16.B.1.d 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.3 `,`AO Packet Pg. 243 16.B.1.e FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 23-8118 for "Mulch and Installation Services" THIS AGREEMENT, made and entered into on this day of 2023 , by and between SOUTHEAST SPREADING COMPANY, LLC authorized to do business in the State of Florida, whose business address is 6089 Janes Ln, Naples FL 34109 , (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 9 upon the date of Board approval; of ❑ ear 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 W Purchase Order ❑ Netioe to PreGeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Reej ie6t f9F PFGpesal (RFIP Invitation to Bid (ITB) ❑ r Other # 23-8118 v including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. N E-1 The Contractor shall also provide services in accordance with Exhibit A -- Scope of Services attached hereto. E U r r a Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 CAO Packet Pg. 244 16.B.1.e 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 ❑N The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. - - - - - - - MAIN 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): L-k1mfp-Sum (rived Pro e); A firm fixed4ot gr4G+e--Gffefing fer-a-pfejeGti the-r�sk-afe >FatheF, sat'sfaration of the r is a theF'zed ❑N Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e, installation price per ton, delivery price per package or carton, etc.). The N invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). U r r a Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 t.� Packet Pg. 245 16.B.1.e 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4-5 ❑ Reimbursable Expenses must he appFayed- ins expenses shall be Feirnbursed as peF Seetien 142.061 Fla. State. Rearnb ursements shnl 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes U Go associated with the Work or portions thereof, which are applicable during the performance r of the Work. Collier County, Florida as a political subdivision of the State of Florida, is M exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida N Statutes, Certificate of Exemption # 85-8015966531 C. E M U r r a Page 3 of 17 Fixed Tenn Service Multi -Contractor Agreement 2022_Ver,3 f' a Packet Pg. 246 16.B.1.e 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: SOUTHEAST SPREADING COMPANY, LLC Address: 6089 Janes Ln Naples. FL 34109 Authorized Agent: Kevin Cook, President Attention Name & Title: Telephone: 239 332-2595 E-Mail(s): Kevin@SoutheastSpreading.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: Division Name: Address: Marshal Miller Road Maintenance Division 4800 Davis Blvd. Naples, FL 34104 Administrative Agent/PM: Melissa Pearson Telephone: 239 252-5591 E-Maiil(s): Melissa. Pearson CollierCount FL.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 0 County. All non -County permits necessary for the prosecution of the Work shall be Go 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 0? 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 E by the Contractor. U r r a Page 4 of 17 Fixed Term Senice Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 247 16.B.1.e 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ■0 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. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations, Independent Contractors; Products and Completed Operations and Contractual Liability. B. Al Business Auto Liability: Coverage shall have minimum limits of $ 500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and ° U Employee Non -Ownership. 00 r 00 C. F■ workers' Compensation: Insurance covering all employees meeting Statutory N Limits in compliance with the applicable state and federal laws, The coverage must include Employers' Liability with a minimum limit of $ 500,000 for each accident. E M U r r a Page 5of17 Fixed Term Service Multi -Contractor Agreement 2022_Ver,3 Y, Packet Pg. 248 16.B.1.e ■ - _ - - - A - - - - - • - E- ❑Govefage'mi rn limits of $ peF elaim. F- n & ❑ shall have minima rn limits. of $ peF e M- n , --G verage 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 G of 17 Fixed Tenn Service Multi -Contractor Agreement 2022_Ver.3 Go M N a� E M U r r a Packet Pg. 249 16.B.1.e 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, ❑ i FR W lTB/❑ QtheF #23-8118 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent que4es, and ❑ 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 G item of value to any County employee, as set forth in Chapter 112, Part III, Florida Go 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 N 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, E U r r a Page 7 of 17 Fixed Tenn Smice Multi -Contractor Agreement 2022_Ver.3 r, % Packet Pg. 250 16.B.1.e 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, as well as the requirements set forth in Florida Statutes, §448.095; 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: PublicRecordReg uest colliercount fl. ov 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 r 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. c 3. Ensure that public records that are exempt or confidential and exempt from public co 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. G 4. Upon completion of the contract, transfer, at no cost, to the public agency all Go 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 N 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 E U r r a Page S of 17 Fixed Tenn Service M111ti-Contractor Agreement 2022_Ver.3 CAO Packet Pg. 251 16.B.1.e Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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 filing 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 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary L of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any Go ownership interest, directly or indirectly. r 0? 23. ❑■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, N 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. r r a Page 9 of 17 Fixed Tenn Service Multi -Contractor Agreement 2022_Ver3 (,.W, Packet Pg. 252 16.B.1.e 24. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. 0 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. 0 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. ■K PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost r of any such loss or damage until final payment has been made. If Contractor or c anyone for whom Contractor is legally liable is responsible for any loss or damage V Go 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 M to replace such loss or damage shall be deducted from any amounts due to N Contractor. a� E U r r a Page 10 of 17 Fixed Tertn Service Multi -Contractor Agreement 2022_Ver.3 CNO Packet Pg. 253 16.B.1.e B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, 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 a) this Agreement to resolve disputes between the parties, the parties shall make a good r 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 c to County for approval. Failing resolution, and prior to the commencement of depositions coi 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 0 Contractor with full decision -making authority and by County's staff person who would co 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 N party may obtain a court order requiring mediation under section 44.102, Fla. Stat. a� 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 r r a Page 11 of 17 Pined Term Service Midti-Contractor Agreement 2022_Ver.3 A CA� Packet Pg. 254 16.B.1.e or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 0 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. ■''` _ _ - ■- - - - - - NAL ._M WAY,_ - 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 0 does, with approval, assign this Agreement or any part thereof, it shall require that its co assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. N 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 E responsible for all associated costs. If required, Contractor shall be responsible for the U r r a Page 12 of 17 Fixed Tenn Service Multi -Contractor Agreement 2022_Ver.3 CAO Packet Pg. 255 16.B.1.e costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier 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. W 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) Go r M N C d E L V N r r Q Page 13 of 17 Fi\ed Term Service Multi -Contractor Agreemem 2022_Ver.3 :AQ Packet Pg. 256 16.B.1.e 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: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness witness name I Contractor's Second Witness Monica 4,1-rix-a- (Type/print witness nameT Approved as to Form and Legality: County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro Chairman SOUTHEAST SPREADING COMPANY, LLC Contractor DBA By: Sig ure C, TType/print signature and titleT Print Name00 r M N C d E t V t4 _ r+ Page 14 of 17 Q Fixed Tenn Semce Multi -Contractor Agreement 2022_Vcr.3 _` Packet Pg. 257 16.B.1.e Exhibit A Scope of Services ■❑ following this page (pages 1 through 6 ) ❑ this exhibit is not applicable Page 15 of 17 r OP M N C d E L V N r r Q Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 c NO Packet Pg. 258 16.B.1.e Invitation to Bid (ITB) -923-8118 "Mulch and Installation Services" AN to d SCOPE OF SERVICES m to The services provided throughout this Agreement shall be awarded on a Primary/Secondary/Tertiar)� basis by Category as c follows: .. CATEGORY A: y° rn Primary Contractor: Superior Landscaping & Lawn Service Inc. Secondary Contractor: Forestry Resources, LLC d/b/a The Mulch and Soil Company e=v Tertiary Contractor: Southeast Spreading Company, LLC CATL,'GORI' 13: 00 Primary Contractor: Southeast Spreading Company, LLC Secondary Contractor: Superior Landscaping & Lawn Service Inc. N CATEGORY C: CD Primary Contractor: Forestry Resources, LLC d/b/a The Mulch and Soil Company Secondary Contractor: Superior Landscaping & Lawn Service Inc. Tertiary Contractor: Southeast Spreading Company, LLC = CATEGORY D; Primary Contractor: Southeast Spreading Company, LLC Secondary Contractor: Superior Landscaping & Lawn Service Inc. Collier County divisions may submit orders to the Contractor to purchase mulch for pickup by County personnel that is loaded in the vehicle by the Contractor's personnel, request the Contractor to deliver mulch to designated locations and offloaded, or request the Contractor to provide the mulch with the installation which may include Temporary Traffic Control (TTC). These requests are on an "as -needed basis." 1. Mulch Installation Specifications: Mulch installation requests may be in roadway medians, ROW, County parks, County -owned or operated facilities, and a variety of other locations as requested. The Contractor shall follow Florida -Friendly Landscaping Guidelines for installing mulch. l .l . The Contractor offloading mulch for installation shall use caution and not damage irrigation equipment, plants, turf, curbing, or hardscapes. Any damages shall be the Contractor's responsibility to correct within 48 hours or as designated by the Project Manager. 1.2. Do not unload excess bags of mulch in a single location that may cause installers to exceed the allowable installed mulch 05 height requirements. c� L 1.3. The Contractor installed mulch that is under or over the height requirements will be the Contractor's responsibility to add or = remove mulch to meet the height requirements, at no additional cost to the County. o U 00 1.4. Apply mulch to bedded areas and around trees and palms as designated by the County Project Manager. 1.5. Apply new mulch in a level profile consistent with pre-existing grades, so that the final uniform depth will have a minimum Cl) of 2 inches in height but does not exceed the 3 inches of maximum height. d I.G. Avoid "volcano mulching" where much is piled against the tree trunk. s 1.7. Keep mulch 12 to 18 inches away from the base of trees and palms. Q I.B. Keep mulch I to 2 inches away front the plant's base. Page 1 of G EXHIBIT A — Scope of Services Packet Pg. 259 16.B.1.e Invitation to Bid (M) #23-8118 "Mulch and Installation Services" 1.9. Leave I foot of space fi•om the curb's back edge. m L I0. Do not apply mulch on plants, plant trunk bases, or plant stems, and taper down to the soil at those locations. 4) YZ 1.11. In locations where the existing mulch bed is in contact with hardscapes or paved surfaces (i.e., sidewalks, roadway edges, or a curbing and driveways), the Contractor shall lightly trench the nulclr-hard surface bed line, so the mulch is contained within the installed area. — cc 1.12. Rake or sweep mulch off paved areas, frorn the turf, and place it back into the plant beds while keeping the mulch applications c progressing. _ ea 1.13. The Contractor shall rake smooth any mounded areas so that the depth does not exceed the maximum 3 inches in height. 1.14. Do not install mulch on or over valves, valve boxes, or irrigation equipment. 2 00 1.15. Install mulch to maintain the planting bed pathways for maintenance workers. Cl) 1.16. Improperly installed mulch shall be corrected immediately by the Contractor, at no additional cost to the County. N 0 1.17. The Contractor shall immediately correct any deficient work where the mulch does not meet product or mulch installation specifications, at no additional cost to the County. N 2. Product Specifications 2.1. Custom Collier County 100% Pine Brown Mulch: (Categories A & 13): A brown mulch with a slight red [tile that is derived from 100% Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers, that is contaminate free, and is cured to eliminate seed germination of invasive plants or weeds. 2.1.1. The formula is 40 Rojo, five and one-half pounds (5.5 lb.)., contains an ionized colorant to resist bleeding and staining, color enhanced that is fade -resistant with a non -toxic, biodegradable coating. 2.1.2. The shred size is minus 3-1/2 inches, but not too thin that it degrades rapidly. Any mulch pieces exceeding 3-112 inclies will not be accepted. Any installed mulch exceeding these requirements will be the Contractor's responsibrhty to remove it and replace the mulch that complies with the product specifications. 2.1.3. The mulch cure time is 48 hours rip to one week to prevent mulch colorant from bleeding onto hardscape surfaces and staining them. 2.1.4. Package the mulch in 2 cubic foot bags. The packaging material shall be at a minimum of 2.75 mil bag thickness or higher. 2.1.5. Division staff has the authority to approve an equivalent product. 2.2. Brown Mulch: (Categories C & D): Premium mulch manufactured exclusively from natural wood fiber, Contains NO reconstituted dimensional pressure -treated lumber. These materials are primarily derived from recycled materials such as land clearing. 2.2.1. The raw material should be a minus 3%z" shredded wood as defined above, and free from any contamination. ao 2.2.2. Mulch is packaged in two cubic foot bags. The packaging material shall be at a minimum of 2.75 mil bag thickness or 00 Cl) higher. N 2.2.3. The wood is harvested from local South Florida sources. E s 2.2.4. The manufacturing process "cures" the mulch and prohibits seed germination of weeds and invasive plant species. 0 cc 2.2.5. Incorporate a minimum of four pounds of pure environmentally safe pigment — (dry weight) into each cubic yard of Q mulch. Page 2 of 6 EXHIBIT A — Scoj)e of Services CAO Packet Pg. 260 16.B.1.e Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" 2.2.6. MSDS documentation — ionized Colorant to be used is "Cocoa Brown." N m 2.2.7. Mulch shall be packaged in 2 cubic foot bags. m 2.2.8. Division staff has the authority to approve an equivalent product. a 3. Fee Schedule Line Items: The Exhibit B Fee Schedule has four categories: Category A & B: 100% Pine Brown Mulch and Category C & D: Brown Mulch. N c 3.1. County Pickup, 2 cubic foot bag: The County! Project Manager or designee will pick up the mulch at the Contractor's location in Collier County. The unit price is inclusive of mulch, materials, labor, and equipment to load the Mulch into County vehicles (if requested). v 3.2. Contractor Delivered 2 cubic foot bag: The County Project Manager will order the mulch, and the Contractor shall deliver 00 to locations throughout Collier County as designated in the order request. The unit price is inclusive of mulch, materials, labor, and equipment to have the product delivered to a County designated location and offloaded (if requested). o Cl) N 3.3. Mulch an(] Installation, 2 cubic foot bae: The Contractor shall provide the mulch with labor to install that does not include temporary traffic control (TTC). These areas are within the County where there are no roadway traffic interferences. The qe unit price is inclusive of mulch, delivery, offloading, materials, labor, and equipment to install the mulch. LO N 3.4. Mulch and Installation with TTC, 2 cubic foot baa: The Contractor shall provide the mulch with labor to install including m TTC setup as required by the Florida Department of Transportation, 600 Design Series Index. MOT/TTC is required where as mulch is being installed in roadway medians, right-of-way (ROW), or any place where it interferes with traffic flow. The rn unit price is inclusive of mulch, delivery, offloading, TTC plans, equipment (arrow boards, cones, etc.), setup, labor, c supervision, and equipment to install the mulch. 4. Orders: County divisions requiring mulch and installation services will place orders directly with the Contractor as needed. 4.1. The Contractor shall assign an account representative(s) for order placements, installation schedules, order resolutions, billing, and other related account activities. The Contractor shall provide account representative names, phone numbers, and entails upon contract execution. 4.2. The County Project Manager will email orders to the Contractor's account representative(s). The Contractor shall immediately email County Project Manager if the mulch is on backorder at order placement. County Project Manager reserves the right to order from the next Contractor if there is a backorder. 4.3. The Contractor's account representative shall confirm the County order via email reply within one business day. 4.4. The Contractor shall process orders within two business days and deliver the order within five business days from receipt of the order (unless another schedule is approved by the County Project Manager). Divisions requiring mulch with installation shall coordinate work schedules with the Contractor. 4.5. If the Contractor is unable to process the mulch orders within five business days or the agreed upon schedule, then the County y.,r Project Manager may place an order with the next lowest Contractor. 4.6. If the Contractor is unable to provide and install punch in the tinteframe requested by County Project Manager, then County o Project Manager may request mulch and installation services from the next Lowest Contractor. 0 .5, Deliver The deliveries shall be FOB (Free oil Board) destination that is included in the unit prices. Cl) N 5.1. Delivery hours are Monday through Friday from 8:00 a.m. to 3:30 p.m. EST. There will be no deliveries after 3:30 p.m. EST, or on the 11 County observed holidays for which County offices are closed: New Year's Day, Martin Luther King Jr. Day, y President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday after s Thanksgiving Day, Christmas Eve, and Christmas day. 5.2. The Contractor shall contact the County Project Manager that placed the order, no less than 24 hours in advance, to coordinate Q the pickup or to schedule delivery of the mulch. Page 3 of 6 EXHIBIT A — Scope of Services A, Packet Pg. 261 16.B.1.e Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" 5.3. The Division receiving an order has the final authority as to the quality and acceptability of any products. Any product delivery found to be defective or incorrect (order errors on behalf of the Contractor) shall be returned to the Contractor at the Contractor's expense. The Contractor shall correct the issue and expedite the delivery within one business with the correct product, at no additional cost to the County. 5.4. Delivery locations are throughout Collier County. 6. Certification Requirement: The Contractor or subcontractor shall have Maintenance of Traffic (1VIOT) OR Temporary Traffic Control (TTC), Intermediate Level Certification. 7. Cenernllnformation 7.1. Work Commencement: The work shall commence with the issuance of a purchase order. 7.2. Work Flours: Monday through Friday from 7:00 a.m. to 5:00 p.m. and "Off Peak" hours are defined as 8:00 p.m. through 6:00 a.m. oh weekdays and all day and night on Saturdays and Sundays. The Contractor shall request permission from the County Project Manager to work off peak hours. 7.3. 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. Lane closures require MOT/TTC with proper placement of lane closed signs, pre -warning signs, arrow boards, traffic cones, etc, 7.4. Road Alert (Mandatory Requirement) Any lane closures require the Contractor to submit the Road Alert Notification Form for Lane Closures and Road Closures via email to Collier County Transportation Management Services Department. Link to Download the Road Alert form: Ihtt1)s:/hvw%v.coIIicrcoutityfl.gov/governniendgrowtli-management/services/construction- arhdnhaintenance-pub l ic-inforrl3ation/road-alerts. 7.5. Work Delays: If there are delays in work notify the County Project Manager immediately and follow up with an email stating the cause of the delay within 48 hours. 7.6. Inspections: Onsite inspections may occur to monitor work progress and when the work is completed. The Contractor is to contact (by phone or entail) the County Project Manager and Inspector when completed. 7.6.1. The County Inspector will notify tine Contractor when the finished work fails to comply with the specifications. 7.6.2. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 7.6.3. The Contractor shall notify the County Inspector when deficient work is ready for re -inspection. 7.6.4. The County may make a final inspection of the work or request photographic evidence. The County will inform the Contractor of ally necessary repair work not completed. 7.6.5. The Contractor shall immediately complete all incomplete work and arrange for another re -inspection. 7.6.6. There will be no cost to the County for the Contractor to correct deficient work. 7.7. Contractor Performance: The Contractor shall perform as described in the Scope of Work and specifications in a safe, and e 0 proper manner that is satisfactory to the Comity Project Manager. U 00 7.7.1. The Contractor agrees it has the financial capabilities and resources to perform the work. M 7.7.2. The Contractor shall immediately notify tlhe County's Contract Administrator in writing if its ability to perform the cm work under the Contract is compromised in any manner. c d 7.7.3. The County Project Manager may utilize the Secondary Contractor if the Primary Contractor cannot provide the s mulch and/or perform the mulch installations as requested. a 7.7.3.1. If the Primary Contractor continually fails to provide service requests, their Contract may be terminated, and the Secondary Contractor will assume all work under the terms of the Contract. Page 4 of 6 EXHIBIT A — Scope of Services 0 Packet Pg. 262 16.B.1.e Invitation to Bid (ITB) P23-8118 "Mulch and Installation Services" 7.7.3.2. During any notice of default, breach, or suspension, the County shall have the full authority to utilize the Secondary Contractor as the Primary Contractor. 0 m 7.7.3.3. The same is in effect for the Secondary Contractor for County staff to utilize the Tertiary Contractor. v) c 0 7.9. Key Personnel: The Contractor sliall provide contact information to the County's Contract Administrator before the contract kick-off meeting. The information must include names with titles, entail addresses, and telephone numbers (direct business line and cell phone). 0 _ 7.8.1. Key Personnel employees must be English-speaking to effectively communicate with the County Project Manager. _ er: 7.8.2. The Contractor shall immediately notify the County Project Manager in the absence of key personnel and provide v the substitution personnel information via email. 00 7.8.3. The County reserves the right to remove key personnel from the Contract that fails to communicate with Count), staff effectively. 0? Cl) N 7.9. Meetings: Either party may request meetings throughout the contract term, requiring mandatory attendance. There are no additional costs to the County for meetings. le rn 7.10. Temporary Traffic Control (TTC): The Contractor is responsible for setting up TTC with the right equipment and proper Cm placement of lane closed signs, pre -warning signs, arrow boards, traffic cotes, message boards, warning devices, barriers, or m flagmen. _ 7.10.1. The Contractor is responsible for maintaining TTC while performing services in the right-of-way and roadways. 7.10.2. TTC is a requirement for the safety and protection of the Contractor's employees and motorists during services' performance. 7.10.3. It is the Contractor's sole responsibility for safety in the work zone. 7.10.4. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (iIMUTCD). T 10.5. Subcontracting TTC is authorized. 7.10.6. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's 7.10.7. Certified TTC employee to meet the County Project Manager within twenty (20) minutes of the initial contact to address work zone safety issues. 7.10.8. TTC setup that does not comply will have operations ceased until TTC is corrected per the I;DOT standards and MUTCD. 7.11. Work Zone Safety: The Contractor shall use caution while working on County Right -of -Way (ROW) (i.e., roads, sidewalks, bike paths, etc.), roadway medians, in or around County -owned or operated facilities. 00 7.1 1.1. American National Standards Institute/international Safety Equipment Association (ANS111SEA) Class 2 or 3 Vests, T-shirts, or similarly labeled garments depending on the time of day. M N 7.11.2, Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles. c d E 7.113, An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 7.11.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling Q public. Page 5 of 6 EXHIBIT A -- Scope of Services Packet Pg. 263 16.B.1.e Invitation to Bid (ITB) 923-8118 "Mulch and Installation Services" 7.12. Price Modifications: Price increase requests may be submitted annually (365 days from the agreement anniversary date). to m 7.12.1. Submit price increase requests in writing by email to the County's Contract Administrator no less than 30 days before the annual contract anniversary date for consideration. v) c 0 7.12.2. Price increase requests review may take over 60 days to complete. 7.12.3. Retroactive price adjustments are not authorized. N C 7.12.4. The Contractor shall provide supporting documentation justifying price increases (examples: Bureau of Labor Statics, _ supplier material agreements, fuel increases, etc.). If there is no documented proof, price increases will not be considered. 7.12.5. The Contract Administrator shall analyze prices to determine whether increases are fair and reasonable using the following methods: price competition (reviewing competitive bids or offers), market prices, historical prices, or °r° independent estimates, o M N 7.12.6. The Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. as as LO 7.12.7. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The Exhibit B Fee Schedule shall be modified with the price increases, or an amendment processed, as required, and uploaded into the County's Finance system. as 7.12.8. Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the a Contractor in writing with the effective date of any approved price increases. 7.13. Compensation: 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." 7.13.1. Invoices may be rejected for inaccurate information and documentation. 7.13.2. Invoices shall include the Division Name, Contract Number, Purchase Order Number, and itemized line item Page 6 of 6 EXHIBIT A — Scope of Services CO Cl) N C d E t 0 a Packet Pg. 264 16.B.1.e Exhibit B Fee Schedule following this page (pages I through ? ) 00 r OP M N C d E L V IC r r Q Page 16 of 17 Fixed Temi Service Mulli-Contractor Agreement 2022_Ver.3 CAO Packet Pg. 265 16.B.1.e Invitation to Bid (ITB) 423-8118 "Mulch and Installation Services" EXHIBIT B FEE SCHEDULE Southeast Spreading Company, LLC (TERTIARY CONTRACTOR) Cateeory A. 100% Pine Brown Mulch (Pickup or Delivered) (100% Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers, that is contaminate free, and is cured to eliminate seed germination of invasive plants or weeds). Item Description UOM Unit Price 1 County Pickup, 2 cubic foot bag Each $ 3.40 2 Contractor Delivered, 2 cubic foot bag Each $ 3.60 Southeast Spreading Company, LLC (PRIMARY CONTRACTOR) Category B. 100% Pine Brown Mulch (Installation Services) (100% Pine trees from commercial logging or harvesting from recycled materials such as laud clearing. It contains only natural wood fibers, that is contaminate free, and is cured to eliminate seed germination of invasive plants or weeds). Item Description UOM Unit Price 1 Mulch and Installation, 2 cubic foot bag Each $ 5.05 2 Mulch and Installation with TTC, 2 cubic foot bag Each $ 5.55 3 Off Peak Hours - Mulch and Installation with TTC, 2 cubic foot bag Each $ 5.55 �l m d !n c 0 rn c c «s t v 7 tb w M N CD LO a Page 1 of 2 CAO Packet Pg. 266 16.B.1.e Invitation to Bid (ITB) U23-8I I8 "Mulch and Installation Services" EXHIBIT B FEESCHEDULE Southeast Spreading Company, LLC (TERTIARY CONTRACTOR) Catei!ory C. Brown Mulch (Pickup or Delivered) Pretniunt mulch manufactured exclusively front natural wood fiber, Contains NO reconstituted dimensional of pressure treated lumber. Item Description UONI Unit Price I County Pickup, 2 cubic foot bag Each $ 2.60 2 Contractor Delivered, 2 cubic foot bag Each $ 2.80 Southeast Spreading Company, LLC (PRIMARY CONTRACTOR) Category D. Brown Mulch (Installation Services) Premium mulch manufactured exclusively front natural wood fiber, Contains NO reconstituted dimensional of pressure treated hunber. Item Description UOM Unit Price I Mulch and Installation, 2 cubic foot bag Each $ 4.25 2 Mulch and Installation with TTC, 2 cubic foot bag Each $ 4.75 3 Off Peak Hours -Mulch and Installation with TTC, 2 cubic foot bag Each $ 4.75 Note: Off Peak is defined to mean the hours of 8:00 PM EST through 6:OOAMEST on weekdays and all day and night on Saturdays and Sundays. Note: Maintenance of Traffic (MOT) or Temporary Traffic Control (TTC), Intermaliate Level Certification is required for installations. Prices shall remain firm for the first year (365 days) of this contract. 00 Cl) cm C d E t t� a Page 2 of 2 Packet Pg. 267 16.B.1.e Other Exhibit/Attachment Description: ❑ following this page (pages through ❑■ this exhibit is not applicable Page 17 of 17 r Q Fixed Term Service Mull i-Contractor Agreement 2022_Ver.3 C NO Packet Pg. 268 16.B.1.f FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 23-8118 for "Mulch and Installation Services" THIS AGREEMENT, made and entered into on this day of 2023 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 34142 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ■❑ upon the date of Board approval; eF ❑ 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 ail 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 ❑ Neti e to PFeneed 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request fee Proposal /D121 0 Invitation to Bid (ITB) ❑ U # 23-8118 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal 0 U referred to herein and made an integral part of this Agreement. 00 ❑■ The Contractor shall also provide services in accordance with Exhibit A -- Scope of N Services attached hereto. c a� E Page 1 of 17 Q Fixed Terin Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 269 16.B.1.f 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 0 The procedure for obtaining Work under this Agreement is outlined in Exhibit A -- Scope of Services attached hereto. Emu 3-4 ❑ of sempl etien; and the PFiGe Methodology seleoted in 4.4- 4. THE AGREEMENT SUM, The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Pee 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): ❑ L-ump Cum (Fixed Drinel• A firmsatmsfaetmen of the houdy OF :,,nted, FatheF, the eentFaGtOF must perform to the i is a ith Wized IN W in 1. WON NO -11 E-1 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, L) including labor, materials, equipment, overhead, etc.) for a repetitive product or service 00 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 N inventory or cost verification). 0 E Page 2 of 17 Q Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 270 16.B.1.f 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4.-5 ❑ eases: T+ave�-� Reimbursable Expenses Fn 6t be expenses shall he reirvehWsed as n 5, SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes o associated with the Work or portions thereof, which are applicable during the performance L) 00 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 00 Statutes, Certificate of Exemption # 85-8015966531 C. N c a� E to Page 3 of 17 Q Fixed Tenn Semite Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 271 16.B.1.f 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: Address: SUPERIOR LANDSCAPING & LAWN SERVICE INC. 4841 Buckingham Rd. Fort Myers, FL 33905 Authorized Agent: Maria Valdes, Treasurer Attention Name & Title: Jesenia Otero, Estimating Coordinator Telephone: 305 634-0717 E-Mail(s): JOtero@superiorlandscaping.com Superlandscape@bellsouth.net 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: Marshal Miller Division Name: Road Maintenance Division Address: 4800 Davis Blvd. Naples, FL 34104 Administrative Agent/PM: Melissa Pearson Telephone: 239 252-5591 E-Mail(s): Melissa. Pearson @ColIierCountyFL.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 o procured and paid for by the Contractor. The Contractor shall also be solely responsible L) 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 M 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. E �a Page 4 of 17 Q Fixed Term Service Multi -Contractor Agree3neni 2022_Ver.3 Packet Pg. 272 16.B.1.f 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. W 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, The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $ 500,000 "' Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage L Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. L) 00 C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must N include Employers' Liability with a minimum limit of $ 500,000 for each accident. c a� E Page 5of17 Q Fixed Term Service Multi -Contractor Agreement 2022 Ver,3 ~ AO Packet Pg. 273 16.B.1.f D- ❑ Rrefe&s-iar i e maintained use-i#e-leffal +ice+ AgFeernent GORtFaete—Naivesi"S Fight Of FeG9Very against Gounty as to any elaime under • 'nswFuns shall have limits of not less than $ __ eiaeh elairn and aggregate, ❑ COer I iabiility• GE)veFage shoes minimum limits of $ !"g=ir_n1n!m' fZ7 ❑ i,. average svn"Icxll have f $ - per ciui�. G_ ❑ -Cover-age t. all have minims rn limits of $ Peel shall teal vFninimum limit6 f $ per im . 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 L 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 L) attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this 00 Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent N 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 E Page 6 of 17 Q Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 CAP, P, Packet Pg. 274 16.B.1.f 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, ❑ f FP W ITBI❑ QtheF # 23-8118 , including Exhibits, Attachments and Addenda/Addendum, ❑ sebsegeeR quates, and ❑ 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 0 Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County 00 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 N 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, E Page 7 of 17 Q Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 '"AO Packet Pg. 275 16.B.1.f 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, as well as the requirements set forth in Florida Statutes, §448.095; 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: PublicRecordReg uest(a)-colIiercountyfl.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 S service. U 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 J inspected or copied within a reasonable time at a cost that does not exceed the `o 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 0 public records in possession of the Contractor or keep and maintain public 00 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, N the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the E to Page S of 17 Q Fixed Term Sen ice Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 276 16.B.1.f Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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 filing 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 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- cn up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or 2 other entity in which the Company or a Parent or a Subsidiary of the Company holds any o ownership interest, directly or indirectly. L) 00 23. ❑■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, o rubbish and waste materials arising out of the Work. At the completion of the Work, N 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 E materials, and shall leave the Project site clean. Page 9 of 17 Q Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 277 16.B.1.f 24. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25, 0 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. ❑■ 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 o to the Work, or other work or materials of the County or County's separate L) 00 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 M Contractor. N c a� E Page 10 of 17 Q Fixed Term Service Multi-ContrnctorAgreement 2022_Ver.3 0 . n Packet Pg. 278 16.B.1.f B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, 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. ITEMSISERVICES. 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 E 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 c 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 a 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 0 make the presentation of any settlement reached at mediation to County's board for 00 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. N 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 E Page 11 of 17 Q Fixed Tenn Service Multi -Contractor Agreement 2022_Ver,3 0 Packet Pg. 279 16.B.1.f or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ■ - _ - M IN w_ [N-1 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. ❑E 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. ■ a l w w - - - _ - - - _ ■ _ I'm INSWIN IN ■. - - 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 a 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 0 assignee be bound to it and to assume toward Contractor all of the obligations and 00 responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as N. 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 E Page 12 of 17 Q Fixed Tenn Service Multi -Contractor Agreement 2022 Ver,3 Packet Pg. 280 16.B.1.f costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier 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) 00 M N C E L V Page 13 of 17 Q riNed Term Service Multi -Contractor Agreement 2022_Ver.3 `-AO Packet Pg. 281 16.B.1.f 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: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller M Dated: (SEAL) Contractor's Witnesses: o tractor' First Witness j Moelorint witness name Al uontranctor`s second witness TTypelprint witness name I Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA so Rick LoCastro , Chairman SUPERIOR LANDSCAPING & LAWN SERVICE INC. Contractor 00 M N C N E Page 14 of 17 r [:iced Term Suvice Mtill i-ConlraciorAgrecmcnl2022_Ver.3 ( c Packet Pg. 282 16.B.1.f Exhibit A Scope of Services ❑■ following this page (pages I through 6 ) ❑ this exhibit is not applicable 00 M N C 4) E L V Page 15 of 17 Q Fixed 'term Service Multi-Conlractor Agreement 2022_Ver.3 Packet Pg. 283 16.B.1.f Invitation to Bid (ITB) -423-8118 "Mulch and Installation Services" EXHIBIT A SCOPE OF SERVICES CD Cn _ The services provided throughout this AgE•cement shall be awarded on a Primary/Secondary/Terfial), basis by Category as follows: — w CATEGORY A: Primary Contractor: Superior Landscaping & Lawn Service Inc. Secondary Contractor: Forestry Resources, LLC d/b/a The Mulch and Soil Company Tertiary Contractor: Southeast Spreading Company, LLC 00 CATEGORY B: r cw Primary Contractor: Southeast Spreading Company, LLC N Secondary Contractor: Superior Landscaping & Lawn Service Inc. CATEGORY C: N Primary Contractor: Forestry Resources, LLC d/b/a The Mulch and Soil Company Secondary Contractor: Superior Landscaping & Lawn Service Inc. Tertiary Contractor: Southeast Spreading Company, LLC CATEGORY D: Primary Contractor: Southeast Spreading Company, LLC Secondary Contractor: Superior Landscaping & Lawn Service Inc. Collier County divisions may submit orders to the Contractor to purchase mulch for pickup by County personnel that is loaded in the vehicle by the Contractor's personnel, request the Contractor to deliver mulch to designated locations and offloaded, or request the Contractor to provide the mulch with the installation which may include Temporary Traffic Control (ITC). These requests are on an "as -needed basis." 1. \9ulch Installation Specifications: Mulch installation requests may be in roadway medians, ROW, County parks, County -owned or operated facilities, and a variety of other locations as requested. The Contractor shall follow Florida -Friendly Landscaping Guidelines for installing punch. 1.1. The Contractor offloading mulch for installation shall use caution and not damage irrigation equipment, plants, turf, curbing, or hardscapes. Any damages shall be the Contractor's responsibility to correct within 48 hours or as designated by the Project Manager. 1.2. Do not unload excess bags of mulch in a single location that may cause installers to exceed the allowable installed niulch height requirements. 1.3. The Contractor installed mulch that is under or over the height requirements will be the Contractor's responsibility to add or remove mulch to meet the height requirements, at no additional cost to tite County. 1.4. Apply mulch to bedded areas and around trees and palms as designated by the County Project Manager. 00 1.5. Apply new mulch in a level profile consistent with pre-existing grades, so that the final uniform depth will have a minimum M of 2 inches in height but does not exceed the 3 inches of maximum height. N 1.6. Avoid "volcano Mulching" where much is piled against the tree tank. E s 1.7. Keep mulch 12 to 18 inches away from the base of trees and palms. c� I.S. Keep mulch 1 to 2 inches away from the plant's base. Q Page 1 of 6 EXHIBIT A — Scope of Services Packet Pg. 284 16.B.1.f Invitation to Bid (ITB) #t!23-81I8 "Mulch and Installation Services" N N 1.9. Leave 1 foot of space from the curb's back edge. v 1.10. Do not apply mulch on plants, plant trunk bases, or plant sterns, and taper down to the soil at those locations. m to _ 0 1.1 I. In locations where the existing mulch bed is in contact with hardscapes or paved surfaces (i.e., sidewalks, roadway edges, or curbing and driveways), the Contractor shall lightly trench the mulch -hard surface bed line, so the mulch is contained within the installed area. w c 1,12. Rake or sweep Mulch off paved areas, from the turf, and place it back into the plant beds while keeping the mulch applications = progressing. 0 t 1.13. The Contractor shall rake smooth any mounded areas so that the depth does not exceed the maximurn 3 inches in height. :3 1.14, Do not install nu►lch on or over valves, valve boxes, or irrigation equipment. °r° 1.15. Install mulch to maintain the planting bed pathways for maintenance workers. cw m N 1.16. Improperly installed mulch shall be corrected immediately by the Contractor, at no additional cost to the County. 1.17. The Contractor shall immediately correct any deficient work where the mulch does not meet product or mulch installation N_ specifications, at no additional cost to the County. n 2. Product Specifications 2.1. Custom Collier County 100% Pine Brown Mulch: (Categories A & 13): A brown mulch with a slight red hue that is derived from 100% Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers, that is contaminate free, and is cured to eliminate seed germination of invasive plants or weeds. 2.1.1. The formula is 40 Rojo, five and one-lialf pounds (5.5 lb.)., contains an ionized colorant to resist bleeding and staining, color enhanced that is fade -resistant with a non -toxic, biodegradable coating. 2.1.2. The shred size is minus 3-1/2 inches, but not too thin that it degrades rapidly. Any mulch pieces exceeding 3-1l2 inches will not be accepted. Any installed mulch exceeding these requirements will be the Contractor's responsibility to remove it and replace the mulch that complies with the product specifications. 2.1.3. Tile mulch cure time is 48 hours Lip to one week to prevent mulch colorant from bleeding onto hardscape surfaces and staining them. 2.1.4. Package the mulch in 2 cubic foot bags. The packaging material shall be at a minimum of 2.75 mil bag thickness or higher. 2.1.5. Division staff has the authority to approve an equivalent product. 2.2. Brown Mulch: (Categories C & D): Premium mulch manufactured exclusively from natural wood fiber, Contains NO reconstituted dimensional pressure -treated lumber. These materials are primarily derived from recycled materials such as land clearing. 2.2.1. The raw material should be a minus 3!/2" shredded wood as defined above, and free from any contamination. 0 00 2.2.2. Mulch is packaged in two cubic foot bags. The packaging material shall be at a minimum of 2.75 mil bag thickness or higher. 00 M N 2.2.3. The wood is harvested from local South Florida sources. c m 2.2.4. The manufacturing process "cures" the mulch and prohibits seed germination of weeds and invasive plant species. s 2.2.5, Incorporate a minimum of four pounds of pure environmentally safe pigment —(dry weight) into each cubic yard of mulch. Q Page 2 of 6 EXHIBIT A — Scope of Services Packet Pg. 285 16.B.1.f Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" to N 2.2.6, MSDS dOCUnlentatiOn — Ionized Colorant to be used is "Cocoa Brown." 2.2.7. Mulch shall be packaged in 2 cubic foot bags, d to c 0 2.2.8. Division staff has the authority to approve an equivalent product. 3. Fee Schedule Line Items: The Exhibit B Fee Schedule has foie' categories: Category A & B: 100% Pine Brown Mulch and c Category C & D: Brown r\julch. — c 3.1. County Pickup, 2 cubic foot bag: The County Project Manager or designee will pick up the inuicll at the Contractor's location in Collier County. The unit price is inclusive ofnrulch, materials, labor, and equipment to load the mulch into County vehicles (if requested). 3.2. Contractor Delivered, 2 cubic foot bap-: The County Project Manager will order the nittleh, and the Contractor shall deliver 00 to locations throughout Collier County as designated in the order request. The unit price is inclusive of mulch, materials, T labor, and equipment to have the product delivered to a County designated location and offloaded (if requested). c14 3.3. Mulch and Installation, 2 cubic foot bap-: The Contractor shall provide the mulch with labor to install that does not include � temporary traffic control (TTC). These areas are within the County where there are no roadway traffic interferences. The N unit price is inclusive of mulch, delivery, offloading, materials, labor, and equipment to install the mulch. m 3.4. NNW) and installation with TTC, 2 cubic foot bap-: The Contractor shall provide the mulch with labor to install including � TTC setup as required by the Florida Department of Transportation, 600 Design Series Index. 11,90T/TTC is required where to mulch is being installed in roadway medians, right-of-way (ROW), or any place where it interferes with traffic flow. The o trait price is inclusive of mulch, delivery, offloading, TTC plans, equipment (arrow boards, cones, etc.), setup, labor, _ supervision, and equipment to install the mulch. CD > I 4. Orders: County divisions requiring mulch and installation services will place orders directly with the Contractor as needed. c 4.1. The Contractor shall assign an account representative(s) for order placements, installation schedules, order resolutions, ci v billing, and other related account activities. The Contractor shall provide account representative names, phone numbers, and entails upon contract execution. CO) c 3 4.2. The County Project Manager will email orders to the Contractor's account representative(s), The Contractor shall J immediately email County Project Manager if the mulch is on backorder at order placement. County Project Manager a� reserves the right to order from the next Contractor if there is a backorder, c Q 4.3. The Contractor's account representative shall confirm the County order via entail reply within one business day. N 4.4, The Contractor shall process orders within two business days and deliver the order within five business days from receipt of M the order (unless another schedule is approved by the County Project Manager). Divisions requiring mulch with installation o shall coordinate work schedules with the Contractor. d a 4.5. If the Contractor is linable to process the mulch orders within five business days or the agreed upon schedule, then the County CO) Project Manager may place an order with the next lowest Contractor. I 4.6. If the Contractor is unable to provide and install mulch in the timefi•aine requested by County Project Manager, then Comity r, Project Manager may request mulch and installation services from the Next lowest Contractor. p V 5. Delivery: The deliveries shall be FOB (Free on Board) destination that is included in the unit prices. °r° 5.1. Delivery hours are Monday through Friday from 8:00 a.nh. to 3:30 p.m. EST. There will be no deliveries after 3:30 p.m. EST, N or on the 11 County observed holidays for which County offices are closed: New Year's Day, Martin Luther King Jr. Day, }; President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve, and Christmas day. E s 5.2. The Contractor shall contact the County Project Manager that placed the order, no less than 24 hours in advance, to coordinate M the pickup or to schedule delivery of the mulch, Q Page 3 of 6 EXHIBIT A — Scope of Services Packet Pg. 286 16.B.1.f Invitation to Bid (ITB) 423-8118 "Mulch and Installation Services" 5.3. The Division receiving an order has the final authority as to the quality and acceptability of any products. Any product to N v delivery found to be defective or incorrect (order errors on behalf of the Contractor) shall be returned to the Contractor at the m Contractor's expense. The Contractor shall correct the issue and expedite the delivery within one business with the correct to product, at no additional cost to the County. c 5.4. Delivery locations are throughout Collier County. T 6. Certification Requirement: The Contractor or subcontractor shall have Maintenance of Traffic (MOT) OR Temporary Traffic w Control (TTC), Intermediate Level Certification. _ 7. General Information 7.1. Work Commencement: The work shall continence with the issuance of a purchase order. 3 00 r 7.2. Work Hours: Monday through Friday from 7:00 a.m. to 5:00 pan. and "Off Peak" hours are defined as 8:00 p.m. through o 6:00 a.m, on weekdays and ail day and night on Saturdays and Sundays. The Contractor shall request permission fr•oill the N County Project Manager to work off peak hours. 7.3. 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 M 6:30 p.m. on weekdays. Lane closures require MOT/T'rC with proper placement of lane closed signs, pre -warning signs, N arrow boards, traffic cones, etc. 7.4. Road Alert (Mandatory Requirement): Any lane closures require the Contractor to submit the Road Alert Notification Form for Lane Closures and Road Closures via email to Collier County Transportation Management Services Department. Link to Download the Road Alert form: https://www.collier•countyfl.Nv_//governrneiit/growth-management/services/construction- andniaintenaitce-publ ic-inforrrrationlroad-alerts. 7.5. Work Delays: If there are delays in work notify the County Project ,Manager immediately and follow up with an email stating the cause of the delay within 48 hours. 7.6. Inspections: Onsite inspections may occur to monitor work progress and when the work is completed. The Contractor is to contact (by phone or email) the County Project Manager and inspector when completed. 7.6.1. The County Inspector will notify the Contractor when the finished work fails to comply with the specifications. 7.6.2. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 7.6.3. The Contractor shall notify the County inspector• when deficient work is ready for re -inspection. 7.6.4. The County may make a final inspection of the work or request photographic evidence. The County will inform the Contractor of any necessary repair work not completed. 7.6.5. The Contractor shall immediately complete all incomplete work and arrange for another re -inspection. 7.6.6. There will be no cost to the County for the Contractor to correct deficient work. 7.7. Contractor Performance: The Contractor shall perform as described in the Scope of Work and specifications in a safe, and proper manner that is satisfactory to the County Project Manager. 7.7.1. The Contractor agrees it has the financial capabilities and resources to perform the work. eo r 7.7.2. The Contractor shall immediately notify the County's Contract Administrator in writing if its ability to perform the r M work under the Contract is compromised in any manner. N 7.7.3. The County Project Manager may utilize the Secondary Contractor if the Primary Contractor cannot provide the c E mulch and/or perform the mulch installations as requested. s c� 7.7.3.1. If the Primary Contractor continually fails to provide service requests, their Contract may be terminated, Q and the Secondary Contractor will assume all work under the terms of the Contract. 11'age 4 of 6 EXHIBIT A — Scope of Services CA n Packet Pg. 287 16.B.1.f Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" to N 7.7.3.2. During any notice of default, breach, or suspension, the County shall have the frill authority to utilize the 2 Secondary Contractor as the Primary Contractor. m to 7.7.3.3. The same is in effect for the Secondary Contractor for County staff to utilize the Tertiary Contractor. o 7.8. Key Personnel: The Contractor shall provide contact information to the County's Contract Administrator before the contract kick-off meeting. The information must include names with titles, email addresses, and telephone numbers (direct business c line and cell phone). c 7.8.1. Key Personnel employees must be English-speaking to effectively communicate with the County Project Manager. 7.8.2. The Contractor shall immediately notify the County Project Manager in the absence of key personnel and provide the substitution personnel information via email. 00 r r 7.8.3. The County reserves the right to remove key personnel from the Contract that fails to communicate with County staff T effectively. c14 M 7.9. Meetings : Either party may request meetings throughout the contract term, requiring mandatory attendance. There are no additional costs to the County for meetings. N 7.10. Temporary Traffic Control (TTC): The Contractor is responsible for setting up TTC with the right equipment and proper m placement of lane closed signs, pre -warning signs, arrow boards, traffic cones, message boards, warning devices, barriers, or flagmen. 45 7.10.1. The Contractor is responsible for maintaining TTC while performing services in the right-of-way and roadways. 7.10.2. TTC is a requirement for the safety and protection of the Contractor's employees and motorists during services' performance. 7.10.3. It is the Contractor's sole responsibility for safety in the work zone. 7.10.4. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 7.10.5. Subcontracting TTC is authorized. 7.10.6. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's 7.10.7, Certified TTC employee to meet the County Project Manager within twenty (20) minutes of the initial contact to address work zone safety issues, 7.10.8. TTC setup that does not comply will have operations ceased until TTC is corrected per the MOT standards and MUTCD. 7.11. Work Zone Safety: The Contractor shall use caution while working on County Right -of -May (ROW) (i.e., roads, sidewalks, bike paths, etc.), roadway medians, in or around County -owned or operated facilities. 7.1 1.1. American National Standards Institute/hiternational Safety Equipment Association (ANSUISEA) Class 2 or 3 Vests, 00 T-shirts, or similarly labeled garments depending on the time of day. M 7.11.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles. N c 7.11.3, An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. E s 7.11.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling M public. Q Page 5 of 6 EXHIBIT A -- Scope of Services Packet Pg. 288 16.B.1.f Ittvitation to Bid (ITB) #23-8118 "Mulch and Installation Services" 7.12. Price Modifications: Price increase requests may be submitted annually (365 days from the agreement anniversary date). 7.12.1. Submit price increase requests in writing by email to the County's Contract Administrator no less than 30 days before the annual contract anniversary date for consideration. 7.12.2. Price increase requests review may take over 60 days to complete. 7.12.3. Retroactive price adjustments are not authorized. 7.12.4. The Contractor shall provide supporting docunnentation justifying price increases (examples: Bureau of Labor Statics, supplier material agreements, fuel increases, etc.). If there is no documented proof, price increases will not be considered. 7.12.5. The Contract Administrator shall analyze prices to determine whether increases are fair and reasonable using the following methods: price competition (reviewing competitive bids or offers), market prices, historical prices, or independent estimates. 7.12.6. The Contractor- shall Continue to fill all purchase orders received at the current agreement prices during the review process. 7.12.7. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The Exhibit B Fee Schedule shall be modified with the price increases, or an amendment processed, as required, and uploaded into the County's Finance system. 7.12.8. Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. 7.13. Compensation: 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." 7.13.I. Invoices may be rejected for inaccurate information and documentation. 7.13.2. Invoices shall include the Division Name, Contract Number, Purchase Order Number, and itemized line item Page 6 of 6 EXHIBIT A — Scol)e of Services to N V m to c 0 0 w c c 0 t 3 CO cw M N Ln N CO M N C E t 0 2 r+ Q Packet Pg. 219 16.B.1.f Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" EXHIBIT B FEE SCHEDULE Superior Landscaping & Lawn Service Inc. (PRIMARY CONTRACTOR) Category A. 100% Pine Brown Mulch (Pickup or Delivered) (100% Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers, that is contaminate free, and is cured to eliminate seed germination of invasive plants or weeds). item Description UOM Unit Price 1 County Pickup, 2 cubic foot bag Each $ 2.44 2 Contractor Delivered, 2 cubic foot bag Each $ 2.88 Superior Landscaping & Lawn Service Inc. (SECONDARY CONTRACTOR) Category B. 100% Pine Brown Mulch (Installation Services) (100% Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers, that is contaminate free, and is cured to eliminate seed germination of invasive plants or weeds). Item Description U0M Unit Price 1 Mulch and Installation, 2 cubic foot bag Each $ 6.75 2 Mulch and Installation with TTC, 2 cubic foot bag Each $ 7.88 3 Off Peak Hours - Mulch and Installation with TTC, 2 cubic foot bag Each $ 8.90 Q Page 1 of 2 Packet Pg. 290 16.B.1.f Invitation to Bid (ITB) #23-8118 "Mulch and Ltstallation Services" EXHIBIT B FEESCHEDULE Superior Landscaping & Lawn Service Inc. (SECONDARY CONTRACTOR) Category C. Brown Mulch_ (Pickup or Delivered) Premirim mulch manufactured exclusively from natural wood fiber, Contains NO reconstituted dimensional of pressure treated lumber. Item Description UOi11 Unit Price I County Pickup, 2 cubic foot bag Each $ 2•44 2 Contractor Delivered, 2 cubic foot bag Each $ 2.80 Superior Landscaping & Lawn Service Inc. (SECONDARY CONTRACTOR) Category D. Brown Mulch (Installation Services) Premium mulch manufactured exclusively from natural wood fiber, Contains NO reconstituted dimensional of pressure ti-cated lumber. Item Description U0i11 Unit Price 1 Mulch and Installation, 2 cubic foot bag Each $ 5.75 2 Mulch and Installation with TTC, 2 cubic foot bag Each $ 6.88 3 Off Peak Hours - Mulch and Installation with TTC, 2 cubic foot bag Each $ 7.90 Note: "Off Peak" is defined to mean the hours of 8:00 PM EST through 6:OOAM EST on weekdays and all day and night on Saturdays and Sundays, Note: Maintenance of Traffic (MOT) or Temporary Traffic Control (TTC), Intermediate Level Certification is required for installations. Prices shall remain firm for the first year (365 days) of this contract, N aD m c 0 �a �a c c R t 3 00 M N CD e Cn u7 N Q Page 2 of 2 CAU Packet Pg. 291 16.B.1.f Other ExhibiVAttachment Description: ❑ following this page (pages through ❑E this exhibit is not applicable t" M N C tv E L V Page 17 of 17 Q Fixed Tenn Service Nfulti-Contractor Agreement 2022 Ver.3 ,...:,s 0 Packet Pg. 292 ACORN® 16.B.1.g CERTIFICATE OF LIABILITY INSURANCE DAr5/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Claire Purser Marsh & McLennan Agency LLC PHONE Fax 8144 Walnut Hill Lane, 16th Floor AIC No Ext : 972-770-1401 A/C No), Dallas TX 75231 ADDRESS: claire.purser@marshmma.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: FCCI Insurance Company 10178 INSURED THEMULCHAN TMSC Holdings, LLC Forestry Resources, LLC (See Remarks Section) 4353 Michigan Link Fort Myers FL 33916 INSURER B : Monroe Guaranty Insurance Company 32506 INSURERC: Navigators Specialty Insurance Company 36056 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1833963845 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL10007773801 6/1/2023 6/1/2024 EACH OCCURRENCE $1,000,000 F _V� CLAIMS -MADE OCCUR DAMAGE TO PREMISES(E. occur ante)$ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Property Damage Ded. $ 10,000 OTHER: B AUTOMOBILE LIABILITY CA10007773701 6/1/2023 6/1/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY FL PIP $ 10,000 A C X UMBRELLA LIAB X OCCUR UMB10007774001 5228122617 6/1/2023 6/1/2023 6/1/2024 6/1/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC010007818501 6/1/2023 6/1/2024 X PER OTH- STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured form #CGL026 edition 02/21 applies to the General Liability policy. Waiver of subrogation form #CGL004 edition 02/21 applies to the General Liability policy. Primary & Non -Contributory form #CG2001 edition 12/19 applies to the General Liability policy. Additional Insured form #CAU058 edition 10/22 applies to the Automobile Liability policy. Waiver of subrogation form #CAU058 edition 10/22 applies to the Automobile Liability policy. Primary & Non -Contributory form #CAU082 edition 01/15 applies to the Automobile Liability policy. See Attached... CERTIFICATE HOLDER CANCELLATION Collier County Board of Country Commisioners 3299 Tamiami Trail East, Suite 303 Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE z5_q1,,4-,- N N V fn c 0 r 0 s= C R L V 7 DO r t>0 M N to CD w) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 293 AGENCY CUSTOMER ID: THEMULCHAN LOC #: 16.B.1.g ACOR" AGENCY Marsh & McLennan Agency LLC POLICY NUMBER CARRIER ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED TMSC Holdings, LLC Forestry Resources, LLC (See Remarks Section) 4353 Michigan Link Fort Myers FL 33916 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE of subrogation form #WC000313 edition 04/84 applies to the Workers Compensation policy. Page 1 of The General Liability policy includes a blanket additional insured endorsement to the certificate holder only when there is a written contract between the namec insured and the certificate holder that requires such status. The General Liability policy contains an endorsement with "Primary and NonContributory" wording that may apply only when there is a written contract betweer the named insured and the certificate holder that requires such wording. The General Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Automobile Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Automobile Liability policy includes waiver of subrogation wording that may apply only when there is a written contract between the named insured and the ficate holder that requires such wording. The Automobile Liability policy contains an endorsement with "Primary and NonContributory" wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Workers' Compensation policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. Additional Named Insureds: Forestry Resources Transportation Solutions, LLC Forestry Resources Real Estate Holdings, LLC Suwannee River Mulch, LLC TMSC OpCo, LLC TMSC LandCo, LLC TMSC Holdings, LLC The Mulch and Soil Company N N N U) c O r R s= c cv t 3 00 r oo M N am 1* rn W) N ACORD 101 (2008/01) © 2008 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD All rights reserved. Packet Pg. 294 I 16.B.1.h I CERTIFICATE OF LIABILITY INSURANCE I DATE(II 11 /30/2022 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. HONE o Ext : (305) 714-4400 q/C, No): (305) 714-4401 8825 NW 21stTerrace E-MAIL Julio.Guerrero@bbrown.com e ocee• Doral FL 33172 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Twin City Fire Insurance Company 29459 INSURED Superior Landscaping & Lawn Service Inc PO Box 35-0095 Miami FL 33135 INSURER B : Hartford Insurance Company of the Midwest 37478 INSURER C : GuideOne National Insurance Company 14167 INSURER D : FFVA Mutual Insurance Co. 10385 INSURER E: Westchester Surplus Lines Ins. Co. 10172 INSURER F: COVERAGES CERTIFICATE NUMBER: 22/23 GL,CA,UMB,WC 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 CONTRACTOR 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE FX OCCUR PREMISES Ea oDAMAGE TO lccurrrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 1,000,000 A Y Y 21UENOL4176 12/01/2022 12/01/2023 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 EOT LOC POLICY JC PRODUCTS $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO B OWNED �/ SCHEDULED AUTOS ONLY /� AUTOS Y Y 21UENOL9067 12/01/2022 12/01/2023 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED �/ NON -OWNED AUTOS ONLY /� AUTOS ONLY UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 3,000,000 X AGGREGATE $ 3,000,000 C EXCESS LIAB CLAIMS -MADE 56000330800 12/01/2022 12/01/2023 DED I I RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA Y WC84000345042022A 12/01/2022 12/01/2023 SPER TATUTE X ORTH- X1 E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ Pollution Aggregate 1,000,000 E G7166419301 01/17/2023 12/01/2023 Occurrence 1,000,000 Retention 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is Additional Insured on a primary and non-contributory basis with regards to General Liability & Auto Liability for any and all work performed on behalf of Collier County. when required by written contract. Waiver of subrogation applies to the Additional Insured with regards to General Liability, Auto Liability & Workers Compensation when required by written contract. For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 3295 Tamiami Trail E. Naples FL 34112 - — — @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 295 16.B.1.i Collier County Solicitation 23-8118 lCo Ter Cou"ty Procurement Services Division Form I: Vendor Declaration ;Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 U N Dear Commissioners: Cl) c The undersi ned.. as Vendor declares that this response is made without connection or arrangement — g p cement with any other person and this � proposal is in every respect Pair and made in good faith, without collusion or fi•aud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and N accepted. c The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documet)ts listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in 2 accordance with the terms; conditions and specifications denoted herein and according to the pricing submitted as a part of the 00 Vendor's bids. M N Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this Ln awarded contract. N C CA d INITN.ESS WHEREOF, WE have hereunto subscribed our names on this day of 20 in the County of in the State of Florr�oa-. Firm's Legal Name: Address: City, State, 'Lip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR ## or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: q353v PA 5q +L�3� to l �/bD -,.;)`,4 � I � q 3 3/22/2023 6:40 AM p. 30 Packet Pg. 296 Collier County 16.B.1.i Solicitation 23-8118 Send payments to: (required if different from above) Contact name: Title: Address: Additional Contact Information �'�,e'so-'soe s i LL0, Company name sed as payee City, State, ZIP F(I Telephone: Email: }, - Jmoice 1 w"+tom-, i4told) 56i L b) , ftyo Office servicing Collier County to place orders (required if different from above) Contact name: Tide: Address: City, State, ZIP r"(;`f �YIJ i r �✓ � Telephone: Email: �t?S��Jcew 1C(, Iw) 01 S�; L (;t,� CLti►-� N d CO 0 c C co t 3 co c> N M CV d ca c� a 'm m 0 w a) w d L 0 LL r r op M N C d E t 0 a 3/22/2023 6:40 AM Packet Pg. 297 Collier County CO 7PY County Procurement Services Division Form 2: Conflict of Interest Certification Affidavit 16.B.1.i Solicitation 23-8118 The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in cuu.Tdnt or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, l 2, indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification fbr future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Rrso oyre-s , LLc Company Name Signature l5-U a� Print Name and Title State of County of Q�e) _ The forego.i.n instrument was ackno ]edged before me by means of ❑ physical presence or ❑ online notarization, this _0? day of �� (month), (year), by (name of person acknowledging). j (Signature of Notary Public) Personally.Kuown _QR Produced Identification "Type of Identification Prod (Print, Type, or Stamp Commissioned Name of Notary Public) Aso Pgft Notary Public State of Ronda Connie M Dess nho y� my Cwmssion OG $43703 tt=3 d m to c 0 r N C c c� s U 7 00 Cl) N rn d at c� U IL on m L 0 0 L 0 LL CO r M N c d t Q 3/22/2023 6:40 AM Packet Pg. 298 Collier County 1Co Tier Cor4ntY Procurement Services Division Form 3: Immigration Affidavit Certification 16.B.1.i Solicitation 23-8118 This Affidavit is requiredand should be signed, by an authorized principal of the tinm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (httns://www.e-vei•ify.gov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which iii/l be produced at the time g1*1he submission gl'the Vendor's proposal/hid or within five (5) da)• of the Countv's Notice of Recommend Award. FAILURE TO EXECUTE THiS AFFIDAVIT CERTIFICATION AND SUBMIT WiTH VENDOR'S PROPOSAL/13I1) MAY DEEM THE VENDOR'S AS NON -RESPONSIVE Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(c) of the Immigration and Nationality Act (" iNA'p. Collier County may consider the erployment by any Vendor of unauthorized aliens a violation of Section 274A. (e) of the 1.NA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the iNA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are frilly compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment, Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. State of h 6Y ijo-) County of 4�y The f regoin instrument was acknowledged before me by means of ❑ Of (month), (year), by I<f�"11NP Pet•sonally Known OR Produced Identification Type of Identification Produced st tX (�esco-y� LL('. tJ Company Name Signature P nt Name and Title Y qc. cal presence or ❑ online notarization, this " day Lto f� _ (name of person acknowledging). of Notary Public (Print, Type, or Stamp Commissioned Name of Notary Public) ,fir Notary Public State of Ronda +P Connie M Deasenko My Co"WVW56MEx ges-0ef"I 3 3�3703 t41t2023 N m i` at 0 �a _ c to s U 7 rb rb M N rn m 1Z U M a m m L 0 y L 0 tL 00 r oo M N C a) t Q 3/22/2023 6:40 AM Packet Pg. 299 Collier County Come-r County Procurement Services Division Form 4: Vendor Submittal — Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) ❑ Collier County El Lee County 16.B.1.i Solicitation 23-8118 Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board Of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: I Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. fii addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, die retention and expansion of employment. opportunities. support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the tbl lowing information: Year Business Established in [ Wollier County or E Lee County: Number of Employees (Including Ovvner(s) or Corporate Officers): too Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): if requested by the County. Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Company Name: Address in Collier or Lee Signature:�,(/�, erti/v that the in%rrnation shown on this farm is correct to mty knowledge S� Res I LLC, Date: "1 1 9 • 2�j nty: `-� 353 Y1R iC;1il i 4 ctn� La`►� lC, N1U-t1() 3sq 1 co �Q Title: euiolf 3/22/2023 6:40 AM Packet Pg. 300 Collier County Cotier County Procurement Services Division Form 5 .Reference Questionnaire WIVE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference (Name of Individuals Requesting Reference Information) Naive: (Evaluator completing reference questionnaire) Email: FAX: Company: (Evaluator's Company completing reference) 16.B.1.i Solicitation 23-8118 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10. with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firnr/indivdival again), if you do not have sufficient knowledge of past performance in a particular area, leave it blank and the'item or form will be scored "0." Project Description: Project Budget: Completion Date: Project Number of .Days: Item 1 Criteria Ability to manage the project costs (minimize change orders to scope). Score (must be completed) 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. $ Professionallslll and ability to manage personnel. Ci Project adminiotration (completed documents, final invoice, final product tuntover; invoices: mantJals or going forward documentation, etc,) 7 Ability to verbBelly communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circutnstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS y d U i d to c 0 i4 N c c� U 00 OP M N N d at ca t) IL GO rn ev L 0 0 4) 0 too r M c d E t ca r Q 3/22/2023 6:40 AMp. 35 Packet Pg. 301 Collier County 16.B.1.i Solicitation 23-8118 Co ter Count y Procurement Services Division Date: 3/21 /2023 Email: Patrick.Boyle@colIiercountytl.gov Telephone: (239) 252-8941 Addendum #1 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #1 23-8:118 Mulch and Installation Services The following clarii-iications are issued as an addendum: The following documents have been uploaded in response to Question 1: 20-7705 Bid Tabulation, 20- 7705 Fee schedule- Primary Vendor, 20-7705 Fee Schedule - Secondary Vendor. III If you require addi ional information, please post a question on our Bid Sync (www.bidsyne.com) bidding platform under the, solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) t ► I k W a' Z►1 L CX1/11(11 it'd Vlh. (Name of Firm) :Date 3/22/2023 6:40 AM cn Packet Pg. 302 Collier County 16.B.1.i Solicitation 23-8118 Invitation to Bid 23-8118 Mulch and InctallnNnn 0--;. 1. Mulch must meet Product Specifications as described in the solicitation document. 2. Award is based on the lowest total. bid per category. Interested bidders can select the categories to bid; however, all items within the category must be bid to be considered responsive for (he award. 3. "Off Peak" is defined to mean the hours of 8:00 PM EST through 6:00AM UST on weekdays and all day and night on Saturdays and Sundays. 4. IN/laintenance of Traffic (MOT) or Temporary Traffic Control (TTC), Intermediate Level Certification is required for installations. Cate�ory A. 100% Pine Brown Mulch (Pickup or Delivered) (100%Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers that is contaminate free, and is cured to eliminate seed germination of invasive plants or weeds). Item Description UOAI Unit Price 1 County Pickup, 2 cubic foot bag Each $ 2-, 8C 2 Contractor Delivered, 2 Cubic foot bag Each ,, �'�i�iE'2 t J11 �/C67 Y( Total Bid Category A. $ �� Category B. 100% Pine Brown Mulch (Installation Services) (100%, Pine trees fi•om commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers. that is contaminate free, and is cured to eliminate seed germination of invasive plants or weeds). Item Description UOhI Unit Price 1 Mulch and Installation, 2 cubic foot bag Each $ f—O 2 Mulch and Installation with TTC, 2 cubic foot bag Each $ /_ t<—� Co. - 3 Off Peak Hours - Mulch and Installation with TTC, 2 cubic foot bag I %J�.Lfit.�l'J Each Total Bid Category B. $ $ . t)Q Category C. Brown Mulch (Pickup or Delivered) Premium mulch manufactured exclusively fi•om natural wood fiber, Contains NO reconstituted dimensional of pressure treated lumber. Item Description UON11 Unit Price 1 County Pickup, 2 cubic foot bag Each $ (. qq 2 Contractor Delivered, 2 cubic foot bag Each $ LMLROW17,6rytdd) Ca�Ua` Total Bid Category C. $ Category D. Brown Mulch (Installation Services) Premium mulch manufactured exclusively from natural wood fiber, Contauns NO reconstituted dimensional of pressure treated lumber. Item Description UOM Quit Price l Mulch and Installation, 2 cubic foot bag Each $ 5, 2 Mulch and Installation with TTC, 2 cubic foot bag Each $ 3 IT Peak Hours - Mulch and Installation with TTC, 2 cubic foot ba7 + /y( /�, y� / � Each $ ' 4y� 6pwiv-) i � Iulo ? ('eo eta Total Bid Category ll. $ 10.78 VENDOR CHECKLIST to d t> CO 0 r _ t co r c> N rn LO N d s� ca a m to N 0 O N d O LL co r r w M _ N E s 0 M r Q 3/22/2023 6:40 AM Packet Pg. 303 4/19/23, 4:33 PM Detail by Entity Name 16.B.1.1 DIVISION OF CORPORATION(.•. NITs tyf,IJi`I'6 P r) P 1, f " �'M"q► urt f�fftrhll _il1slX of Florida kvebrife Department of State / Division of Corporations / Search Records / Search by En it Name / Detail by Entity Name Foreign Limited Liability Company FORESTRY RESOURCES, LLC Filing Information Document Number M17000005730 FEI/EIN Number 59-2438601 Date Filed 07/06/2017 State DE Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 08/16/2017 Event Effective Date NONE Principal Address 4353 Michigan Link Fort Myers, FL 33916 Changed: 03/05/2020 Mailing Address 4353 Michigan Link Fort Myers, FL 33916 Changed: 03/05/2020 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Authorized Persons) Detail Name & Address Title MGR West, Mark The Mulch and Soil Company 4353 Michigan Link Fort Myers, FL 33916 Title MGR https://search.sunbiz. org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNamel Packet Pg. 304 4/19/23, 4:33 PM Detail by Entity Name TMSC OPCO, LLC Michael Smith, Sole Member 900 South Capital of Texas Highway Austin, TX 78746 Annual Reports Report Year Filed Date 2021 04/27/2021 2022 02/ 11 /2022 2023 01 /30/2023 Document Images 01/30/2023 --ANNUAL REPORT 02/11/2022 --ANNUAL REPORT 10/14/2021 --AMENDED ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format 04/27/2021 --ANNUAL REPORT View image in PDF format 03/05/2020 --ANNUAL REPQjT View image in PDF format 02/15/2019 -- AMENDED ANNUAL REPORT View image in PDF format 02/07/2019 --ANNUAL REPORT View image in PDF format 03/26/2018 --ANNUAL REPORT View image in PDF format 08/16/2017 — LC Name Changg View image in PDF format 07/06/2017 -- Conversion View image in PDF format 07/06/2017 — Foreign Limited View image in PDF format Florida Department of State. Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?in ui Packet P . 305 q rytype=EntityName&directionType=Initial&searchName 9 16.B.1.i ACID CERTIFICATE OF LIABILITY INSURANCE r ATE(MMIDD/YYYY) � ilil. 5/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh & McLennan Agency LLC PHONE Claire Purser FAx _..__. _.._. __.._......._---- ....... --- .......__. 8144 Walnut Hill Lane, 16th Floor (&C,No,_Ext)._972-770-14 1........... __...... .._........._..__..__._.____—Tiac,nol-____..__.......__........ __ -- Dallas TX 75231 ADDE-MRESS: claire.purser@marshmma.com 4) INSURED TMSC Holdings, LLC Forestry Resources, LLC (See Remarks Section) 4353 Michigan Link Fort Myers FL 33916 COVERAGES CFRTIFICATF NIIMRFR-A11d'1QVQ0 t> INSURERS AFFORDING COVERAGE' NAIc FCCI Insurance Company 10178 d t Monroe_ Guaranty Insurance Company______ 32506 — -........_ North River Insurance Company — _ _— .................................. 21105 Markel American Insurance Company --- 28932 41 M REVISION NUMBER: c THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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. ADDLSUBR. POLICYEFF - I POLICY EXP - __--- LTR TYPE OF INSURANCE INSO. WVD POLICY NUMBER MMlDD/YYYY MM/DD/YYYY LIMBS A X COMMERCIAL GENERAL LIABILITY ..i I GL100077738 6/l/2022 6/1/2023 EACHOCCURRENCE$ 1 000,00 0 C J CLAIMS -MADE u OCCUR i I .. DAMAGETORENTED' _" DAiv1 i PREMISES�Ea-occurrence) --_--- ___-- $300,00( ' MED EXP (Any one person) $ 10,000 $ 1,000.000 PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: $ 2 000,000 GENERAL AGGREGATE 'PRO X XJECT .__._. ..__. __- ...... .. POLICY „ _l LOC PRODUCTS COMPIOP AGG $ 2 000 000 OTHER: I Property Damage Oed. ....... $ 10,000 B AUTOMOBILE LIABILITY CA100077737 6/1/2022 6/1/2023 ' COMBINED SINGLE LIMIT g 1.000.000 t- - — X ANY AUTO (Ea accident) BODILY INJURY (Per person) ------ $ OWNED SCHEDULED — - ----- ---- _.. _ AUTOS ONLY AUTOS BODILY INJURY (Per acc a ent) $ HIRED NON -OWNED ... ;AUTOS ONLY AUTOS ONLY -- PROPERTY DAMAGE j ! I (Pcr acclUenl) _, -- -- -- . $ $ A C X !UMBRELLALIAB X --+ - OCCUR UMB100077740 6/1/2022 6/1/2023 EACH OCCURRENCE $ 10,000,000 EXCESS L1A8 --� - - ---- CLAIMS -MADE I 5528112258 6/1/2022 6/1/2023 - - ---- — :AGGREGATE 1$10,000,000 X DE1) RETENTION$ 0 riou$ WORKERS COMPENSATION I i AND EMPLOYERS' LIABILITY YIN �ANYPROPRIETOR;PARTNER/EXECUTIVE i i , STATUTE; EORH OFFICERlMEMBER EXCLUDED'? ❑ N / A : E.L.EACH ACCIDENT l $ (Mandatory in NH) If yes, describe under _... E L. DISEASE EA EMPLOYEE ! I. ................_... .._ $ _._.......................... ................................. . DESCRIPTION OF OPERATIONS below i E.L. DISEASE -POLICY LIMB $ D Contractors Equipment i MKLM21M0000858 6/1/2022 1 6/1/2023 I See Limits Below i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Contractors Equipment - All Risk Per Form Markel American Insurance Company Policy #MKLM21M0000858 Effective 6/1/2022 to 6/1/2023 Catastrophe Limit - $15,000,000 Equipment Leased or Rented from Others Limit (shoit-terrn lease - 1 month or less) - $500,000 limit per item/$2,000,000 per occurrence Deductible. $10,000, except $50,000 on Grinders and Cranes 5% subject to a minimum $25,000 as respects Named Windstorm See Attached... CERTIFICATE HOLDER CANCELLATION Collier County Board of Country Commisioners 3299 Tamiami Trail East, Suite 303 Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II, ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserve ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD C t _V 3 00 oo M N to M> N_ N V a m N N i O fQ N i O LL Co r op M N C d E s t� ca r a Packet Pg. 306 16.B.1.i AGENCY CUSTOMER ID: THEMULCHAN _ LOC M ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED M rsh & McLennan Agency LLC TMSC Holdings, LLC Forestry Resources, LLC (See Remarks Section) POLICY NUMBER 4353 Michigan Link Fort Myers FL 33916 CARRIER NAIC CODE _ EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FC RM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ;o Insurance - 80% /al Aation - Actual Cash Value; except Replacement Cost valuation on items 5 years or newer lIitional Insured form #CGL026 edition 01/15 applies to the General Liability polic . er of subrogation form #CG2196 edition 03/05 applies to the General Liability policy. ary & Non -Contributory form #CG2001 edition 04/13 applies to the General Liability policy. itional Insured form #CAU058 edition 05119 applies to the Automobile Liability policy. ver of subrogation form #CAU058 edition 05/19 applies to the Automobile Liability policy. ary & Non -Contributory form #CAU082 edition 01/15 applies to the Automobile Liability policy. General Liability policy includes a blanket additional insured endorsement to the certificate holder only when there is a written contract between the named red and the certificate holder that requires such status. General Liability policy contains an endorsement with "Primary and NonContributory" wording that may apply only when there is a written contract betweer named insured and the certificate holder that requires such wording. General Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named red and the certificate holder that requires such wording. Automobile Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between named insured and the certificate holder that requires such status. Automobile Liability policy includes) waiver of subrogation wording that may apply only when there is a written contract between the named insured and the ficate holder that requires such wt rding. IAutomobile Liability policy contains an endorsement with "Primary and Non Contributory" wording that may apply only when there is a written contract Neen the named insured and the certificate holder that requires such wording. itional Named Insureds: I stry Resources Transportation Solutions, LLC stry Resources Real Estate Holdings, LLC annee River Mulch, LLC C OpCo, LLC C LandCo, LLC C Holdings, LLC Mulch and Soil Company HwKu Iu 1 (zuua/u1) © 2008 ACORD CORPORATION. All rights reserve The ACORD name and logo are registered marks of ACORD to d U N U) C O N C C ca s U 7 00 r oo M N m ca U a m m d V 3 O 0 O to d L O LL 00 r r DD M N C d E t V td r.+ r Q Packet Pg. 307 16.B.1.i form W�9 Request for Taxpayer Give Form to the Identification Number and Certification requester. Do not iHev. November 2017) Department or the Treasury ' send to the IRS. Internal Revenue service ► Go to www.irs.gov/FormW9 for instructions and the; latest information. 1 Name (as shown on youriincorne tax return). Name is required on this line; do not leave this line blank. FORESTRY RESOURCES LLC 2 Business name/disregarded entity narne, if different from above The Mulch and Soil Com a�rly LLC m 3 Cherk appropriate box for federal tax.classilication of the person whose name is entered on line I. Check only one of the A Exemptions (codes apply only to y rn ro following seven boxes. certain entities, not individuals; see. y a ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation L] Partnership U Trust/estate instructions on page 3): V single -member LLC Exempt payee code (if any) d — Cl) a o -�7 '� Limited liability company. Enter the lax classification (C=C corporation, S=:i corporation, f Warinership) ► _ IP _ r_ q « Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Oo not check Exemption from FATCA reporting •O r N LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) o another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that 0. U is disregarded from the owner should check the appropriate box for the tax classification of its owner. o d ❑ Other (see instructions) ► (Applies to accounts maintained ouisioe me Us./ _ (n 5 Address (number, street, Band apt. or suite no.) See instructions. Requester's name and address (optional) 4353 MICHIGAN LINK li City, state, and ZIP code S FORT MYEF_RS, FL. 33f316 U 7 List account number(s) h re (optional) -- --- - ---- 00 T Li� Taxpayer Identification Number (TIN) Enter your 11N in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SHowever, fora resident alien, sole proprietor, r disregarded entity, see the instructions for Part I, later. For other entities, it is your employer iderl tification number (EIN). If you do not have a number, see flow to get a _M TT] TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and IEmployer identification nurnber Number 1d Give the Requester for guidelines on whose number to enter. F— T__j (—T_f--- l­—f— 7-7- 1 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other Y.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding becausf You have railed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of s cured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are nolt required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. 1 . A Ign signature of Here I U.S. person General InstrILICtions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For thel latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.ir:s.gov/FormW9. Purpose of Form j An individual or entity (Form W 9 requester) who is required to file an information return with the IRS Imust obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number'(ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an inforr iation return. Examples of information returns include, but are not lira ted to, the following. • Porin 1099-INT (interest earn d or paid) Date ► • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • form 1099-•K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098- r (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. It you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. 00 M N N d to U a m m d V L O W N L O LL w oo M N C d E M V O a Cat. No. 10231 X Packet Pg. 308 2022 -2023 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1070014 Account Expires: September 30, 2023 Receipt Number: 9201989 State License Number: May engage in the business of: Location: RECYCLING CENTER 4353 MICHIGAN LINK AVE FT MYERS, FL 33916 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY _ FORESTRY RESOURCES rn FORESTRY RESOURCES Payment Information: v FORESTRY RESOURCES LLC PAID DP-00-00421602 09/13/2022 4353 MICHIGAN LINK AVE c FT MYERS, FL 33916 $ 50.00 }, r rn c c co t 3 COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 940959 0 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 r VISIT OUR WEBSITE AT: www.colliertaxcollector.com a? THIS RECEIPT EXPIRES SEPTEMBER 30, 2023 N DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECT LOCATION: 3927 DOMESTIC AVE FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS ZONED: INDUSTRIAL LO BUSINESS PHONE: 813-332-3966 LEGAL FORM N STATE OR COUNTY LIC #: LLC FORESTRY RESOURCES, LLC d ca FORESTRY RESOURCES, LLC 4353 MICHIGAN LINK co FT MYERS, FL 33916 a 00 to N CLASSIFICATION: WHOLESALE BUSINESS -THIS TAX IS NON -REFUNDABLE - v CLASSIFICATION CODE: 04700001 DATE 09/07/2( o AMOUNT 30 aNi This document is a business tax only. This is not certification that licensee is qualified. RECEIPT 500-23-00132z It does not permit the licensee to violate any existing regulatory zoning laws of the state, county, or cities' nor does it exempt the licensee from any other taxes or permits that may be required by law. �� ����' � d L O LL 00 r r op M N C d E t 0 Packet Pg. 309 16.B.1.i A ® 0 6 0 ;& w Ryan H. Wheeler Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced Course. 07/31/2023 Date Expires tf.i%—M} of € l t-"!ann la lrAoSpo .tion 1.6titute UN1VkR' 1'1 V 'f Vt'()f SITh 36 FDOT Provider # Marshall Dougherty Instructor T2 Centers University of Florida 2100 NE Waldo Road Gainesville, Ft~ 32609 techtransfer.ce. ufl.edu i.masciocchi(c n.edu 64489 Certificate # FDOT� For more information about Temporary Traffic Control (TTC) or to verify this certificate www.motadmin.com Packet Pg. 310 16.B.1.i FDO "A 'his Certifies that Ryan H. Wheeler Has Completed a Florida Department of Transportation Approved Temporary traffic Control (TTC) Advanced Course. Date Expires: 0731;2M Certificate 4 54489 Instructor: Marsna' D-Ighety FDOT Provider d 36 T2 Centers Untversity of Florida Phone: 362-273-1687 210o NE Waldo Road t t + + i Ntmiaa Gainesville, FL 32609 tecntranafar.ca.u0.edu t.masciocchioufl.edu ds,:arn w,+ss.,¢ru,cax. Packet Pg. 311 _ (soomieS uol}ellelsul pus 4olnW 8�8-£Z 6t,65Z) a6eVed p18 saoinoseN /G;saao=l 8�8-£Z :}uGwLjoej4v N mIII M r G d d V m a as E ° Z w Q m O CD O a O " yr Q W U cn "oµ- O c off$ 0 �o ib E W E 4- U bq N L O O O i co v— Imo— W j aO+ F° p T U //O�/� V / S� L 3 0 c s O L W T T C O O O O z _ O n.�,..' L C a� u u Q v Z G E C O ca 3 M O O L _V 4a U m Z O a) o MLL .- N Q ail:, :1 O E E d o Vi z a� vl U 0 V o U- o _M V N N LU Lo Z M cn (saainaag uoi;lle4ul pua lnW 96�9-£Z : 665Z) a6eMed p sainosab Aj4saao9��S-£Z :Iuewgoe;;Fcvmv) n a a L) m IL U) U) d ..z O b,o 4" (�6 >o v t cn 2 0 r > M Q E M ® i J U O 0 O V Z5 .a Q LL U L cn > 0 -0 (- ?-- a) lB U L (l co co _ W W z U � cC3 z__. (soomieS uol}ellelsul pus 4olnW 8��8-£Z : 6t,65Z) a6eVed p18 saoinoseN /G;saao=l 8��S-£Z :}uaua4oe;4y r m r bA c c ca ch L 4- O O E � � U N i > �- N p U co c O O cB O r N _O V � V / L V / (1) Q C"l U - cn 10 V Q L. N tw C) co E � .o W- O 0 a O 2 cn c 71 c� V E co w a +J b�o E Q 3 a L 8 O /0 4- O Q Cl) (n, _ OF .1111i U U Q Collier County 16.B.1.i Solicitation 23-8118 Required Documents YES/' Form L: Vendor Declaration Statement Form 2: Conflict of Interest Certification Affidavit Form 3: Immigration Affidavit Certification Form 4: Local Vendor Preference Business Tax Reciept 5: References 6Form , M LO N d La t) a m N N V L 0 NN� L7� d L 0 ILL 00 r r op M N _ d E t 0 a 3/22/2023 6:40 AM Packet Pg. 315 Previous on List Next on List Return to List Fictitious Name Search No Filing History Submit Fictitious Name Detail Fir_titinim Namp THE MULCH AND SOIL COMPANY Filing Information Registration Number G18000035916 Status ACTIVE Filed Date 03/16/2018 Expiration Date 12/31/2023 Current Owners 1 County LEE Total Pages 1 Events Filed NONE FEI/EIN Number NONE Mailing Address 4353 MICHIGAN LINK FORT MYERS, FL 33916 Owner Information FORESTRY RESOURCES LLC 4353 MICHIGAN LINK FORT MYERS, FL 33916 FEI/EIN Number: 59-2438601 Document Number: M17000005730 Document Images 03/16/2018 -- Fictitious Name Filing View image in PDF format Previous on List Next on List Return to List Fictitious Name Search No Filing History Submit Packet Pg. 316 Id (saoln,aag uollelle4sul pue 4oInW 9l L8-CZ : 6ti65Z) 06e)13ed pl8 se3inoseN Aj4saao=l 9LL8-£Z :;ueWLpe4;d U W cn J O C N J c O cn O N co Z Ln M co co N d O O O 00 LJJ N � O > � LU LU OU = U c� cv W O O J U Q O J r Z Z On C a> +' E Q E 7 U)L Z M y .0 c U o 3 m O O O M LL Z +L Z V1 W C N w •` L c LU (D LL w U) LL LU U U H LU IWi N O i 21 = F P u U J J W c9 Y co D Z co OJJ CO Z W U) LU PU>- co Lf OLL mO LL O c'> Ln 0 0 o� c9 0 ap o Mr-- It — Lv 2 L L EZ 3 Z �+ r- d Z E W 3 U LLD (soaimog uollelle4sul pue 4oInW 9�L8-£Z : 6ti65Z) 06e)13ed pl8 se3inoseN Aj4saao=l 9L L8-CZ :;ueWLpe;;y N d E d E U O 0 (Q E L O LL d C co E N id E 7 CO 1 c 0 .m `o a 0 U O C O Mn UJ is 0 C E a a 0 LL 00 cM 6 a Y U f0 a 16.B.1.i Gto her C®t4kdtY Procuienient Services Division Form 5 Reference Questionnaire aISE OAW FORM P-OR EACH REQUIRED REI;E'RENC Q ._........ _.__...... Solicitadon: 23 _ 2� I Reference Questionnaire for: d cl.�, (Name ofC mEpan_y,ZRequeesting Reference; lnfon latiot 1'�r" � (Name jjof'' Individuals Requesting 14'rence Inforintation) (Evaluator completing reference questionnaire) Fmuil: LIAI (_iml [AX: connparty: mac (Evaluator's Company completing reference) Collier County has implcrnenied a process that collects reference informaliun on firms and their key personnel to be used in the ~election of firms to per('onn this project. The Name of tl)c Company listed in the Subject above htrs listed you as a client for which they have previously perfonned work. Please complete tfte survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firtulindividual again) and I representing that you were v,cry unsatisfied (and would never hire the firm'indivdival again). I fyou do not have sufficient knowledge of past performance in a particular area. Icm,: it blank and die item or fora) will be scored "0." Project Description: (� ��, Completion Date:. v Project Budget:. Project Number of Days: _ _.✓_—._� Item Criteria Score (must he complete: I _..._..—,_. ' Ability to manage the project costs (minimize change orders to scope). f 7 ..............................._.. ..._._.. Ability to maintain project schedule (complete on -time or early). 2 ;f Quality of work. ) 4 Quality of consultative advice provided on the project. p 6 _._ S .._ _...___—............ Professionalism and ability to manage personnel. Pro)ecl iadrriim5tratnon (Completed documcnts, final Invoice, final product turnover; .................. ... ................... - ............. ---___. _. invoices; manuals or going forward documentation, etc.) V i -'----.._......_................_............... __.._......._ __._...�__-w___._.........._—__.__.........._.__...._...___.._..._� Ability IO Vefbally C011lmul)tcate and document information clearly and succinctly. fJZ 8 Abiltity to manage risks and unexpected project circumstances. 9 _ Ability to follow contract documents, policiLs, procedures, rues, regulations, etc. r y 4 [ d w........... _ _..___ ____. _ _....___-_._............ __._...__........ _ _.__..._.._..__.__........__... __I.__ ... ........ ._ 10 Overall comfort level with firing the company in the future (customer satisfaction). f l'OIA1, 0V1., 01',�I,1, 1 ' I f:."s - c t v 00 co N M 04 Packet Pg. 319 16.B.1.i Co ier County Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EA CH REQUIRED REFF.RF,NCF.) Solicitation:'" -2-?, - b [ 1 6 Reference Questionnaire for: t The Mulch And Soil Mulch And Soil Company ,(Name of,Company Requesting Reference Information) (:Name of Individuals Name: Evan Gorny (Evaluator completing reference questionnaire) Information) Company: Express Mulch Inc (Evaluator's Company completing reference) FAX: Tel Collier County has implemented aprocess that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of .l to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Supply Landscape and Playground Mulch Project Budget: $270,000 Annually Completion Date: Ongoing Project Number of Days N/A Item Criteria Score (must be corn leted) I Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going fonv and documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, toles, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Packet Pg. 320 1 116.113.11.1 1 ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE�24/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dane Insurance Group, Inc. PHONE FAX 501 Goodlette Rd Unit A204 A/C No Ext : 239-877-9651 A/c No), Naples FL 34102 ADDRESS: Office@danegroupllc.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Frank Winston Crum Insurance Company 11600 INSURED SOUTSPR-01 INSURER B: Westchester Surplus Lines Insurance Company Southeast Spreading Company LLC 6089 Janes Lane INSURERC: Houston Specialty Insurance Co Naples FL 34109 INSURERD: Evanston Insurance Company INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:380240614 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y G47412122 001 6/27/2023 6/27/2024 EACH OCCURRENCE $ 1,000,000 F_V� CLAIMS -MADE OCCUR DAMAGE TO PREMISES(E. occur RENTED nte)$ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jE LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY H08884444 001 6/27/2023 6/27/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY C X UMBRELLA LIAB X OCCUR ESB-HS-UCX-0000529-00 6/27/2023 6/27/2024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N FWFL0025181101 3/29/2023 3/29/2024 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Equipment MKLV2IM0000285 6/27/2023 6/27/2024 Limits 344,500 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners, OR , Board of County Commissioners in Collier County, Or, Collier County Government, OR, Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis and to the extent required by written contract. 23-8118 Mulch Installation Services (southeast Spreading Company LLC) Full Service Auctioneer with Collier County CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ­_711qq_____ - d V N c O ca R c c fC t V 00 r 00 M N CD IV I:V ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 321 Collier County Solicitation 23-8118 s co ieY COUnty Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. E� General Bid Instructions has been acknowledged and accepted. D/ Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Form 1: Vendor Declaration Statement 9K Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.mvflorida.com/sunbiz/ should be attached with Your submittal. EU,'*" Vendor MUST be enrolled in the E-Verify - httys://www.e-verify.gov/ at the time of submission of the proposal/bid Form 3: Immigration Affidavit Certification MUST be signed and attached with Your submittal. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal Form 4: Certification for Claiming Status as a Local Business if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with Your submittal to be considered Form 5: Reference Questionnaire form must be utilized for each requested reference and included with Your submittal if applicable to the solicitation Form 6: Grant Provisions and Assurances Dackage in its entiretV, if applicable, are executed and should be included with your submittal. Vendor W-9 Form. ElY Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award, The Bid Schedule has been completed and attached with your submittal, applicable to bids. E!( Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached. County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. 3/22/2023 6:40 AM p. 29 Collier County Solicitation 23-8118 Invitation to Bid 23-8118 Mulch and Installation Services I. Mulch must meet Product Specifications as described in the solicitation document. 2. Award is based on the lowest total bid per category. Interested bidders can select the categories to bid; however, all items within the category must be bid to be considered responsive for the award. 3. "Off Peak" is defined to mean the hours of 8:00 PM EST through 6:OOAM EST on weekdays and all day and night on Saturdays and Sundays. 4. Maintenance of Traffic (MOT) or Temporary Traffic Control (TTC), Intermediate Level Certification is required for installations. Category A. 100% Pine Brown Mulch (Pickup or Delivered) (100% Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It contains only natural wood fibers, that is contaminate free, and is cured to eliminate seed germination of invasive plants or weeds). Item Description UOM Unit Price 1 County Pickup, 2 cubic foot bag Each $ 3.q 0 - 2 Contractor Delivered, 2 cubic foot bag Each $ 3.0 _ Total Bid Category A. 1 $ 1,pp _ Category B. 100% Pine Brown Mulch (Installation Services) (100% Pine trees from commercial logging or harvesting from recycled materials such as land clearing. It that is contaminate free, and is cured to eliminate seed germination of invasive plants or weeds). contains only natural wood fibers, Item Description UOM Unit Price 1 Mulch and Installation, 2 cubic foot bag Each $ r, oti _ 2 Mulch and Installation with TTC, 2 cubic foot bag Each 3 Off Peak Hours - Mulch and Installation with TTC, 2 cubic foot bag Each $ 15,55' _ Total Bid Category B. $ (` 1,5 _ Category C. Brown Mulch (Pickup or Delivered) Premium mulch manufactured exclusively from natural wood fiber, Contains NO reconstituted dimensional of pressure treated lumber. Item Description UOM Unit Price 1 County Pickup, 2 cubic foot bag Each $ Z (gyp _ 2 Contractor Delivered, 2 cubic foot bag Each $ Z, $0 _ Total Bid Category C. $ q O _ Category D. Brown Mulch (Installation Services) Premium mulch manufactured exclusively from natural wood fiber, Contains NO reconstituted dimensional of pressure treated lumber. Item Description UOM Unit Price 1 Mulch and Installation, 2 cubic foot bag Each $ q. Z,Cr _ 2 Mulch and Installation with TTC, 2 cubic foot bag Each $ Lf,"�tj _ 3 Off Peak Hours -Mulch and Installation with TTC, 2 cubic foot bag Each $ y •'j5 _ Total Bid Category D. VENDOR CHECKLIST 3/22/2023 6:40 AM p. 27 Collier County Solicitation 23-8118 Required Documents YES/N( Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Affidavit Form 3: Immigration Affidavit Certification Form 4: Local Vendor Preference Business Tax Reciept �5 Form 5: References 3/22/2023 6:40 AM p. 28 Collier County Solicitation 23-8118 COAT per C014nty Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 11 day of Pl$ RI L 2013 in the County of (DUI Cam- , in the State of rtp $A pp,-. Firm's Legal Name Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded 100P -JpwEs c,r� Wft" Pc, 31410 Telephone: z -'n't - Zsal ,� Email: Pl( 'y"d t SwRGAST S f kl l t✓(. Go M Signature by: yxv I rJ C. o (Typed and written) Title: pn31 3/22/2023 6:40 AM p. 30 Collier County Solicitation 23-8118 Additional Contact Information Send payments to: 5'";E- (required if different from Company name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: 3/22/2023 6:40 AM p. 31 Collier County Solicitation 23-8118 Co 7e-r County Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Stateof ; County of ( The foregoing instrument was acknowledged before me by of ,, \ (month), ^ U 1- (year), by V�? \ Personally Known OR Produced Identification (��CrtnF� Type of Identification Produced So �•la4 c•r S ,art; r I Company Name Signature VXVi d ?Oesweoi Print Name and Title ce or ❑ onlinnotarization, this kCA-K -day of \,(�i1gaAture o otary Public) kn (Print, Type, or Stam Commissioned Name of Notary Public) 01nR JAMILEX ORTEGA c'T Notary Public s State of Florida •s = Commit HH299796 E 19� Expires 8/11/2026 3/22/2023 6:40 AM p 32 Detail by FEI/EIN Number 4/19/23, 11:46 AN Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Limited Liability Company SOUTHEAST SPREADING COMPANY, LLC Filing Information Document Number L17000262036 FEI/EIN Number 20-4098515 Date Filed 12/26/2017 Effective Date 01/12/2006 State FL Status ACTIVE Last Event CONVERSION Event Date Filed 12/26/2017 Event Effective Date 01/01/2018 Principal Address 6089 Janes Ln Naples, FL 34109 Changed: 03/14/2022 Mailing Address 6089 Janes Ln Naples, FL 34109 Changed: 03/14/2022 Registered Agent Name & Address SHIREY, SHANE A 6089 Janes Ln Naples, FL 34109 Address Changed: 03/14/2022 Authorized Person(s) Detail Name & Address DIVISION OF CORPORATION https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResult...503748&searchTerm=204098515&IistNameOrder=204098515L170002620360 Page 1 of 2 Detail by FEI/EIN Number 4/19/23, 11:46 At Title P SHIREY, SHANE A 6089 Janes Ln Naples, FL 34109 Annual Reports Report Year Filed Date 2021 04/08/2021 2022 03/14/2022 2023 01/18/2023 Document Images 01/18/2023 -- ANNUAL REPORT 03/14/2022 -- ANNUAL REPORT 04/08/2021 --ANNUAL REPORT 03/17/2020 -- ANNUAL REPORT 01/21/2019 -- ANNUAL REPORT 12/26/2017 — Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format FlOrnia Deoacmant of State. Divisipn or': ,(:oratpns https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResult...503748&searchTerm=204098515&IIStNameOrder=204098515L170002620360 Page 2 of 2 E-Verify Worksite Enrollment Information Form ENROLLMENT When You're Ready to Enroll Your Company E-Verify will guide you through the enrollment process by asking several questions. To prepare for these questions, use the checklist below to ensure you have all of the information you will need to complete the enrollment process. The enrollment process must happen in a single website session, so be sure you have time to complete the process since you will not be able to save your progress and return at a later time to complete. Before you enroll, you must decide: Whether your company is part of the Federal Government, State Government, Local Government, or a Federal Contractor. If your company does not fall within any of these categories, please use "None of these categories apply". 0' Who will sign the E-Verify Memorandum of Understanding (MOU) on behalf of your company? Which hiring sites will participate in E-Verify? ,L-0 Which company location(s) will access E-Verify? Who in my company will have access to E-Verify? I� Who in my company should be a program administrator? To enroll, you will need to provide: 4k� Company name DUNS Number ,17 Parent Organization Administrator name (E-Verify Corporate Account) vd The physical address of the location from which your company will access E-Verify (including county) t,EJ Company mailing address vE( Employer Identification Number (also called a Federal Tax ID Number) L-Ef Total number of employees for all iof your company's hiring sites that will participate in E-Verify t� The first three digits of your company's primary North American Industry Classification System (NAICS) code The number of hiring sites that will participate in E-Verify in each state e� Contact information for your company's E-Verify Memorandum of Understanding (MOU) signatory (name, phone number, fax number and e-mail address) For all registered users, you must provide: siCS Name 0 Phone Number Q- Fax Number (Optional) tom" E-mail Address E-Verify Worksite Enrollment Information Form Worksite (Client Company) Client Company Name: rv,, CompawwL' 1, Company Name must be between 1 and 100 charact rs. Apostrophes a d carats are Aot allowe . Doing Business As (DBA) Name: DUNS Number: Reason for using E-Verify (mark only one): ❑ Local Government, ❑ Federal ContractorX." None of these categories apply" (use if you are required by State Law or if you are volunteering to use program). Options for Federal and State Government are omitted. Primary Physical Location (use additional paper for other locations) (This is not the mailing address. This is the location where the verification queries will be performed. Physical Location "Address 1" must be between 1 and 60 characters. Apostrophes and carats are not allowed.) Address 1: (`? L(13 r- 0 6 Address 2: City: 'FD t-- I(�S , EL_ _ 3Yi `? ("Location City" must be between 1 and 30 alphabetic characters. Numbers and special characters, other than dashes and spaces are not allowed.) State: V1 IL\ Zip Code: �'��' (g ''-') County/Parish: N'D(A�n, Physical Location County/ Parish must be selected. Mailing Address (Provide if different from physical location.) Address 1: «� Sbl b d ! Sk ( °(�� � . Address 2: sbo • b_Q;� - 3> (o City: fhA 0AAA Q iS State: Zip Code: '�? 13 S ( 3). Additional Information Employer Identification Number: — -q C) n18S ) ��_ (also known as Federal Tax ID Number. Employer Identification Number must be between 1 and 9 digits. Commas are not allowed.) Total Number of Employees: KJU X-) S oy\l ,( (Number of Employees must be selected including full-time, part -tine, and seasonal employees of the site(s) being verified for.) Parent Organiz Administrator: • f. tF-1, -Ve r i fy- Company ID Number: 301273 Client Company ID Number: 886839 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING AN E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS), the Southeast Spreading Company, LLC (Employer), and the E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the E-Verify Employer Agent will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (11RIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone = numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the Page 1 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 �` IHtiil Company ID Number: 301273 Client Company ID Number: 886839 representatives' contact information changes. 3. The Employer shall become familiar with and comply with the most recent version of the E-Verify User Manual. The Employer will obtain the E-Verify User Manual from the E-Verify Employer Agent. 4. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 1-888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete I -Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 5. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 6. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 5 above: (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. Page 2 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 erg Company ID Number: 301273 Client Company ID Number: 886839 7. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 8. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 9. The Employer must use E-Verify (through its E-Verify Employer Agent) for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 10. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111.13 below) to contact DHS with information necessary to resolve the challenge. 11. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Page 3 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Company ID Number: 301273 Client Company ID Number: 886839 Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 12. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VI may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 13. The Employer agrees that it will use the information it receives from E-Verify (through its E-Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email a E-Verify@dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 15. The Employer acknowledges that the information it receives through the E-Verify Employer Agent from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 16. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify (whether directly or through their E-Verify Employer Agent), which includes permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E- Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 17. The Employer shall not make any false or unauthorized claims or references about its participation -- in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a Page 4 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 F-Verify.- Company ID Number: 301273 Client Company ID Number: 886839 similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false, 18. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 19. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 20. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. 21. The Employer agrees that it will notify its E-Verify Employer Agent immediately if it is awarded a federal contract with the FAR clause. Your E-Verify Employer Agent needs this information so that it can update your company's E-Verify profile within 30 days of the contract award date. B. RESPONSIBILITIES OF E-VERIFY EMPLOYER AGENT 1. The E-Verify Employer Agent agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the E-Verify Employer Agent representatives who will be accessing information under E-Verify and shall update them as needed to keep them current. 2. The E-Verify Employer Agent agrees to become familiar with and comply with the E-Verify User Manual and provide a copy of the most current version of the E-Verify User Manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 3. The E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 4. The E-Verify Employer Agent agrees that any E-Verify Employer Agent Representative who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. a. The E-Verify Employer Agent agrees that all E-Verify Employer Agent representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the E-Verify Employer Agent is a Federal contractor. b. Failure to complete a refresher tutorial will prevent the E-Verify Employer Agent and Employer from continued use of E-Verify. 5. The E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need Page 5 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 --- ------- --- Company ID Number: 301273 Client Company ID Number: 886839 E-Verify access. The E-Verify Employer Agent must promptly terminate an employee's E-Verify access if the employee is separated from the company or no longer needs access to E-Verify. 6. The E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 7. The E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 8. The E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 9. The E-Verify Employer Agent agrees to provide the Employer with the notices described in Article I I. B.1 below. 10. The E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web -Based Tutorial and all other published E-Verify rules and procedures. The E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the E-Verify Employer Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability 11. When the E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date. 12. If data is transmitted between the E-Verify Employer Agent and its client, then the E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the E-Verify Employer Agent. 13. The E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 14. The E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9, employment records, and all records pertaining to the E-Verify Employer Agent's use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. 15. The E-Verify Employer Agent shall not make any false or unauthorized claims or references about Page 6 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 �r Company ID Number: 301273 Client Company ID Number: 886839 its participation in E-Verify on its website, in advertising materials, or other media. The E-Verify Employer Agent shall not describe its services as federally -approved, federally -certified, or federally - recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify Employer Agent services and any claim to that effect is false. 16. The E-Verify Employer Agent shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 17. The E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the E-Verify Employer Agent's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 18. The E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by the E-Verify Employer Agent carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The E-Verify Employer Agent should instruct the client to keep the E-Verify Employer Agent informed about any changes or updates related to federal contracts. It is the E-Verify Employer Agent's responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in. FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees Page 7 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Irk Company ID Number: 301273 Client Company ID Number: 886839 assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete anew Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Page 8 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 E-Verifk.. Company ID Number: 301273 Client Company ID Number: 886839 Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as govemed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: Page 9 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 .,,IAllil,? Company ID Number: 301273 Client Company ID Number: 886839 a. Automated verification checks on alien employees by electronic means, and b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. HS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. Page 10 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 E-Verify-,.-- Company ID Number: 301273 Client Company ID Number: 886839 ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative Page 11 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 E-Verify,--- _ Company ID Number: 301273 Client Company ID Number: 886839 nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. Page 12 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01113 E-Verify., Company ID Number: 301273 Client Company ID Number: 886839 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the E-Verify Employer Agent may voluntarily terminate this MOU upon giving DHS 30 days' written notice. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that -a requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. 5. Upon termination of the relationship between an Employer and their E-Verify Employer Agent, E-Verify cannot provide the Employer with its records. The Employer agrees to seek its records from the E-Verify Employer Agent. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of Page 13 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 E-Verify.--.- Company ID Number: 301273 Client Company ID Number: 886839 DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer, the E-Verify Employer Agent, and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. Southeast Spreading Company, LLC (Employer) hereby designates and appoints DecisionHR USA, Inc. (E- Verify Employer Agent), including its officers and employees, as the E-Verify Employer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between the Employer, the E-Verify Employer Agent, and DHS. Page 14 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 E-Verify.-- Company ID Number: 301273 Client Company ID Number: 886839 If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: Employer Southeast Spreading Company, LLC Name (Please Type or Print) Title Signature . Date y E-Verify Employer Agent DecisionHR USA, Inc. Name (Please Type or Print) Title Anna Tran Signature Date Electronically Signed 06/16/2015 Department of Homeland Security — Verification Division Name (Please Type or Print) Title Signature Date Page 15 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 E-Verify.. Company ID Number. 301273 Client Company ID Number: 886839 Information Required for the E-Verify Program Information relating to your Company: Southeast Spreading Company, LLC Company Name 11101 Roosevelt Blvd. N. Saint Petersburg, FL 33716 Company Facility Address 13650 Fiddlesticks Blvd. Suite 202-336 Company Alternate Address Fort Myers, FL 33912 County or Parish PINELLAS Employer Identification Number 204098515 North American Industry Classification Systems Code 561 Parent Company Number of Employees 100 to 499 Number of Sites Verified for 1 Page 16 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 E-Verify.........*:- Company ID Number: 301273 Client Company ID Number: 886839 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 17 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Company ID Number: 301273 Client Company ID Number: 886839 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Charles A Hussey Phone Number (239) 332 - 2595 Fax Number (239) 332 - 2852 Email Address chussey@southeastspreading.com Page 18 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent i Revision Date 06/01/13 E-Verify.---, Company ID Number: 301273 Client Company ID Number: 886839 Page intentionally left blank Page 19 of 19 E Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Collier County Solicitation 23-8118 Co ier CO-Unty Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (htti)s://www.e-verify.gov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. State of �-­l, (SYi d CA Countyof C,CA k \ f W- The foregoing instrument was acknowledged bef of r (month), > (year), by Personally Known OR Produced Identification Type of Identification Produced Company Name I Signature Print Name and Title me by means ofVphysical presence or ❑ online notarization, this IC 'Laday C (`,, V /q (name-of-person-acknowled in g g)• (Print, Type, or Stamp w,11bre 0f-Nota43r--PrzbIic) �Ck�qrg Name of Notary Public) JAMILEX ORTEGA Notary Public State of Florida Comm# HH299796 Expires 8/11/2026 3/22/2023 6:40 AM p. 33 Collier County r Co ier C01414ty Procurement Services Division Form 4: Vendor Submittal - Local Vendor Preference Certification (Check Appropriate Boxes Below) State of F,�llo'da (Select County if Vendor is described as a Local Business) T Collier County ❑ Lee County Solicitation 23-8118 Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in UgCollier County or ❑ Lee County: 70-D49-9 Number of Employees (Including Owner(s) or Corporate Officers): ZOO Number of Employees Living in [Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): 1 t If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sign and Date Certification: Under penalties ofperiury I certify that the information shown on this form is correct to my knowledge Company Name: 1;0,mem S ��^�n ` P�,,, Date: gJlq Z� Address in Colli or Lee C ty: 60M -TP of-s LIJ !J{ en. PL_ 3,Mg Signature: Title: ber Ipwi- 3/22/2023 6:40 AM p. 34 COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 222334 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104.(239) 252.2477 VISIT OUR WEBSITE AT: www.colliertaxcollector.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2023 LOCATION: 6167 JANES LN ZONED: INDUSTRIAL PL2022-1948 BUSINESS PHONE: 239-332-2595 STATE OR COUNTY LIC #: LCC2018-2003 151-200 EMPLOYEES CLASSIFICATION: LANDSCAPING RESTRICTED C CLASSIFICATION CODE: 02102601 This document is a business tax only. This is not certification that licensel'is�, aglif d� "'-I ' It does not permit the licensee to violate any existing regulatory zoning laws o�fti e, cQu nor does it exempt the licensee from any other taxes or permits that may be required by law. kD DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. SOUTHEAST SPREADING COMPANY, LLC COOK, KEVIN 6089 JANES LN NAPLES, FL 34109 -THIS TAX IS NON -REFUNDABLE - DATE 07/20/2022 AMOUNT 470.00 RECEIPT WWW-23-00071899 ��� �Oy1rPiG?it�L1�l.P/L COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 222335 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 VISIT OUR WEBSITE AT: www.colliertaxcollector.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2023 LOCATION: 6167 JANES LN ZONED: INDUSTRIAL PL2022-1948 BUSINESS PHONE: 239-332-2595 STATE OR COUNTY LIC #: LCC2018-2003 151-200 EMPLOYEES CLASSIFICATION: LANDSCAPING RESTRICTED CC CLASSIFICATION CODE: 02102601 This document is a business tax only. This is not certification that It does not permit the licensee to violate any existing regulatory zc nor does it exempt the licensee from any other taxes or permits that may be required by law. DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. SOUTHEAST SPREADING COMPANY, LLC SHIRLEY, SHANE 6089 JANES LN NAPLES, FL 34109 -THIS TAX IS NON -REFUNDABLE - DATE 07/20/2022 AMOUNT 470.00 RECEIPT WWW-23-00071899 ;��'d �1-00V 4V1iYVP/L N' O _ 0' m y CD 0 a� 0 cD O M. -s 3 A) rt 0' CD U) 0 cD rt O _ W <D r+ 3 W m O 0 _ 3 0 rt D_ (0) = W — v Z a O (D 3 rt �' y. CD CD y � m v, �• n. o o _ rt 7 N rt A) 0 0 O =� o n � 3 0 < o z A) fD rt rt O' 7 r+ Vl' rt 0 A =ti CD N CD CO) O 0 m cD _ CD r 0) 0 O 1 o. 0 (D' I n O _ w 0 0< OF r p D n (D CD y 11 < r -i N =. (1) � (D -� U) o .. =r (D o r n3 r- n N m" to n O w 0-4 0 0 n n0 o m '� �-> o cn -p C) < - D G N o Z K Zcn X w i— -4 � , mw m CO)°, Cl) w D CO)co _ n -4 Z 0 1 O v 0 m 0 o v 9 00 o 0 O -4 —I Z o A) •a r r n 0 o -h m CD c� Ai Q. <D N O CCD M CFI —h O O p O � 0 0 0 �D N 3 N l< 0. N Collier County Solicitation 23-8118 Co Ter CoH-hty Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: L3.glle) Reference Questionnaire for: (Name of Company Requesting Reference Information) 1Cev k N C.Vo (Name of Individuals Requesting Reference Information) LEmail:-rW, Tb m LA Q c,D ator completing reference questionnaire Company: Company oma ) (Evaluator's Company completing reference) to p v C AA4 11,j FAX Telephone: 9 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: l�/lG bkT1pG40 �� Completion Date: �'i.(.- 70 7-1- Project Budget: /,ODD da a � Project Number of Days: Item 1 Ability to manage �theproje�ct�(minim�izechan�georders Score must be 2 Ability to maintain project schedule (complete on -time or early). to 3 Quality of work. (o 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. ° 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly, l o 8 Abiltity to manage risks and unexpected project circumstances, ( o 9 Ability to follow contract documents olicies P , procedures, rules, regulations, etc. l o 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 1Bv 3/29/9n94 a•dn ARA Collier County 0 Co per County Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 73-g1 1e) Reference Questionnaire for: So 13 IrA rcdCg-1- % P (Name of Company Requesting Reference Information) tcev t f`1 co - (Name of Individuals Requesting Reference Information) Name: -Dw N t S B(Le TZ (Evaluator completing reference questionnaire) Email: 1J15.'g&.M P rAtPeWVC G1- FAX: Company: C.+4n,D�I�Gr (Evaluator's Company completing reference) Tel Solicitation 23-8118 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description:170!LTFj140 Project Budget: k— Completion Date: �7-p t_ ZoZ Z- Project Number of Days: 30 Item Criteria 1 Ability to manage the project costs (minimize change orders to scope). Score (mu,, 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. /o 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) �0 7 Ability to verbally communicate and document information clearly and succinctly. �D manage risks and unexpectedproject circumstances.follow 48AEbilly contract documents, olicies p ,procedures, rules, regulations, etc.verall r 0 comfort level with hiring the company in the future (customer satisfaction). 9a sir TOTAL SCORE OF ALL ITEMS be com 3/22/2023 6:40 AM Collier County CO Ter C.Ounty Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Z3- gl I Reference Questionnaire for: DU u rrtnWl Jr k$-Po":> r 1`4 LA (Name of Company Requesting Reference Information) (Eyi r✓ i.ea 1L- (Name of Individuals Requesting Reference Information) Name: Jbc u ill t OVA 5 Company: 6,"arp f (r".r p (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: llo—Q FAX: Solicitation 23-8118 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: �lm E T3FDD fS (��� rill Project Budget: If, Completion Date: 5PArt+G 2423 Project Number of Days: 30 ALUM 1 Criteria Ability to manage the project costs (minimize change orders to scope). Score must be completed d 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 10 ov 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 0 lu 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 Ability to verbally communicate and document information clearly and succinctly. to F89 Abiltity to manage risks and unexpected project circumstances. Ability lity to follow contract documents, policies, procedures, rules, regulations, etc. t0 (0 10 Overall comfort level with hiring the company in the future (customer satisfaction). Id TOTAL SCORE OF ALL ITEMS pp 3/22/2023 6:40 AM Collier County Solicitation 23-8118 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits L. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. ® Employer's Liability $_500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current ISO form $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_500,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance 3/22/2023 6:40 AM p. 38 Collier County 8. ❑ Performance and Payment Bonds Solicitation 23-8118 For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. The 10. ® Collier County must be named as "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 Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 3/8/2023 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. 3/22/2023 6:40 AM p. 39 Certificate of Completion Ryan H. Wheeler Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced Course. 07/31/2023 36 Marshall Dougherty 54489 Date Expires LTI Univemity of Florida Transportation institute n,..rd,, r—'s .,.r,n,,� r fm.. 7:1ny:r IT_1 in'lrr UNIVERSITYnf FIARIDA FDOT Provider # Instructor T2 Centers University of Florida 2100 NE Waldo Road Gainesville, FL 32609 techtransfer.ce.ufl.ed u j.masciocchi@ufl.edu Certificate # FDRT� For more information about Temporary Traffic Control (TTC) or to verify this certificate www.motadmin.com F®®n This Certifies that mil- Ryan H. Wheeler Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (T7C) Advanced Course. Date Expires: 07/31/2023 Certificate # 54489 Instructor. Marshall Dougherty FDOT Provider # 36 T2 Contem University of Florida Phone: 352-273.1687 2100 NE Waldo Road uni�•.,,uy utnuda� Gainosvllle, FL 32609 t}"vI'n"" I".ui"ir s:.,;m.:.., r:.,..:.. techtmnafacce.ufl.edu �^'•�� '� �^�• j.masclocchisufl.edu uNrvrasn r,ynnmm Collier County Solicitation 23-8118 • Collier County f4' Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced herein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non -conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 3/22/2023 6:40 AM G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/1op. 57 Collier County Solicitation 23-8118 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, 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. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non -Infringement a) VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. b) VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). c) If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non -infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et s_ ea. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said 3/22/2023 6:40 AM G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/1op• 58 Collier County Solicitation 23-8118 agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 3/22/2023 6:40 AM G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/10p- 59 Collier County Solicitation 23-8118 s Co ,er county Procurement Services Division Date: 3/21 /2023 Email: Patrick.Boyle@colliercountyfl.gov Telephone: (239) 252-8941 Addendum #1 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #1 23-8118 Mulch and Installation Services The following clarifications are issued as an addendum: The following documents have been uploaded in response to Question 1: 20-7705 Bid Tabulation, 20- 7705 Fee schedule - Primary Vendor, 20-7705 Fee Schedule - Secondary Vendor. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. fature) 5Ovmok'r (Name of Firm) C*1ep, Nv 2 7 Date 3/22/2023 6:40 AM p. 60 §| 2 ; } !!). Ell \9�/ � § \! )�§ } ` � ! \! /!) \| § §�� ! a!! |«|!}))| !!\� ! k| § � Collier County Solicitation 23-8118 ITB #20-7705 "Mulch and Installation Services" EXHIBIT B- FEE SCHEDULE Forestry Resources, LLC (PRIMARY CONTRACTOR) Section I. Collier County Brown Specialty Mulch County Pickup or Contractor Delivery ITEM NO. DESCRIPTION UOM UNIT PRICE 1 County Pick Up, 2 cubic foot bag Each $ 2.09 2 *Delivered, 2 cubic foot bag Each $ 2.39 * unit price is inclusive of all fees for equipment and labor to have the product delivered Section H. Collier County Brown Specialty Mulch Contractor Supplied Mulch with Installation rrEM NO. DESCRIPTION UOM UNIT PRICE 1 Mulch & Labor to install, 2 cubic foot bag Each $ 4.10 Mulch & Labor to install, 2 cubic foot bag with 2 Each $ 4.47 Maintenance of Traffic 0 3/22/2023 6:40 AM p 62 Collier County Solicitation 23-8118 ITB #20-7705 "Mulch and Installation Services" EXHIBIT B- FEE SCHEDULE Southeast Spreading Company, LLC (SECONDARY CONTRACTOR) Section I. Collier County Brown Specialty Mulch County Pickup or Contractor Delivery ITEM NO. DESCRIPTION UOM UNIT PRICE 1 County Pick Up, 2 cubic foot bag Each $ 2.19 2 *Delivered, 2 cubic foot bag Each $ 2.49 * unit price is inclusive of all fees for equipment and labor to have the product delivered Section H. Collier County Brown Specialty Mulch Contractor Supplied Mulch with Installation ITEMNO. DESCRIPTION UOM UNIT PRICE 1 Mulch & Labor to install, 2 cubic foot bag Each $ 4.09 Mulch & Labor to install, 2 cubic foot bag with 2 Each $ 4.58 Maintenance of Traffic 3/22/2023 6:40 AM 0 Collier County Solicitation 23-8118 Question and Answers for Solicitation #23-8118 - Mulch and Installation Services Question 1 please post the last tabulation sheet for this project (submitted: Mar 21, 20231:44:55 PM EDT) Answer -See addendum 1. (Answered: Mar 22, 2023 8:35:48 AM EDT) Question Deadline: Apr 13, 2023 5:00:00 PM EDT 3/22/2023 6:40 AM p. 64 NEW w Form WMV Request for Taxpayer (Rev. October2018) Identification Number and Certification Give Form to the Department of the Treasury requester. Do not Internal Revenue Service ► Go to wwwJrs.gov/FormW9 for instructions and the latest information. send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Southeast Spreading Company LLC 2 Business name/disregarded entity name, if different from above m rn 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. 4 Exemptions (codes apply only to m a certain entities, not individuals; see c: o ❑ IndividuaVsole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): ao single -member LLC Exempt payee code (if any) 1 U ❑✓ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► S o =Note: 9 H Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the Exemption from FATCA reporting _ 1 owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. v ❑ Other (see instructions) ► (Applies to accounts maintained outside the Us) 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) rn 6089 Janes Lane 6 City, state, and ZIP code Naples FL 34109 7 List account number(s) here (optional) Tw..w...1114 .116:s1.— a:__ v.p•aY. l raacnanla.auvll Number tl IIVJ Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number If - - m - (EIN). you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. fT MD0000"©0r- Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Here U.S. person ►� - Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to wwwJrs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (]TIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-Q laov in_on,ni COUCT c01414ty Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSyne. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. General Bid Instructions has been acknowledged and accepted. Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Form 1: Vendor Declaration Statement Q� Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - htt :1/dos.m florida.comisunbiz/ should be attached with your submittal. VVendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. f Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Certification for Claiming Status as a Local Business if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. Form 5: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. XForm 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. Vendor W-9 Form. [ Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. The Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached. XCounty's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. XAny and all supplemental requirements and terms has been acknowledged and accepted, if applicable. coer county Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 17 day of April , 2023in the County of Miami -Dade , in the State of Florida Firm's Legal Name Address: City, State, Zip Code Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: Superior Landscaping & Lawn Service Inc. 4841 Buckingham Rd Fort Myers, FL 33905 P98000044604 65-0838100 3NRM9 305-634-0717 .!Otero@superiorlandscaping.com nia Otero, Estimating Coordinator Additional Contact Information Send payments to: Superior Landscaping & Lawn Service Inc. (required if different from Company name used as payee above) Contact name: Maria Valdes Title: Treasurer Address: P.O. Box 35-0095 City, State, ZIP Miami, FL 33135 Telephone: 305-634-0717 Email: Superlandscape@bellsouth.net Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: COTA-eY c014ftty Procurement Services Division Form 2: Conflict of interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals 1 past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor 1 vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Superior Landscaping & Lawn Service Inc. Company Name 9 Signature Jesenia Otero, Fstimatinq Coordinator Print Name and Title State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me by means of ® physical pre nc or ❑ online notarization, this '17 day of April (month), 2023 (year), by Jesenia Otero (name of person acknowledging). Erl�_ SANDRAYgNIRAARROYpotary Public -State of rloridaCOrnmissw m GG 327359 y Comm. Expires Apr 24, 2023 through National Notary Assn, Personally Known OR Produced Identi ication Type of Identification Prodded 1 / / `(Signature of Notary Public) (Print, Type, or Stamp Commissioned ame of Notary Public) - Cot ley County Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify.gov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will he produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALBID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Superior Landscaping & Lawn Service Inc. Company Name Signature Jisenia Otero, Estimating Coordinator Print Name and Title State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 17 day of April (month), 2023 {year), by .lesenia Otero (name of person acknowledging). EBofided NDRAYANIRAARROYO Public - State of Florida Siignature of Notary Public) rnn3ission ; GG 327359 mm. Expires Apr 2a Z023e?h National Notary Assn. fir-qwl�(Print, Typ , or Stamp Commissioned Name of gotary Public) Personally Known OR Produced Identification Type of Identification Prod ced �{ CO�er C;014 Lty Procurement Services Division Form h: Vendor Submittal — Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) ❑ Collier County ® Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ® Lee County: 2013 Number of Employees (Including Owner(s) or Corporate Officers): 225 Number of Employees Living in ❑ Collier County or ® Lee (Including Owner(s) or Corporate Officers): 25 If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable, Sign and Date Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Company Name: Superior Landscaping & Lawn Service Inc Date: 4/17/2023 Address in Collier or Lee County: 4841 Buckingham Rd Fort Myers, FL 33905 Signature: Title: Estimating Coordinator COfer Count y Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8118 - Mulch & Installation Reference Questionnaire for: & Lawn Servi (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: ToS,e cLz I R ISC v (Evaluator completing reference questionnaire) Company: Gl CAI' M IGc.ttttQ (Evaluator's Company completing reference) --673-IZ7Z G Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." n11lAa,t C,roWAAS Kfti„4-cOWU Project Description: iFllte Ar Ifk`s 1 JR-g-1116 Completion Date: on-O l njj Project Budget: 41.3_15WIVONt (kWieS) Project Number of Days: ft_pgolnti slhC"e fib2O �N_ Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). Cl 2 Ability to maintain project schedule (complete on -time or early). S 3 Quality of work. Cl 4 Quality of consultative advice provided on the project. ' U 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 16 7 Ability to verbally communicate and document information clearly and succinctly. Ci 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). Cl TOTAL SCORE OF ALL ITEMS c�,er cntHty r+drtlrYSYJ4'A $Cf410E3 �"Cr't F}ccv+nern Em•m D•iam Reference Questionnaire Solicitation: Reference Questionnaire for: Su erior Landsca in &Lawn Service, Inc. (Name of Company Requesting Reference Information) Jesenia Otero (Name of Individuals Name:-1S At 104scol his it yi+ *DiYe(.4ra't (Evaluator completing reference questionnaire) C-ki &F $Aiawi Butch Company: fa45 bzeArf•'F:'I.GNi— (Evaluator's Company completing reference) 3os (P73- Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has fisted you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the fum/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." W' 145—(.(�) t,' ts Project Description: f)(l�i 01tittd5 giYtilYlM�iA S,,,,zCompletion Date: Un'Q(1tl't1 Project Budget: 11�j-154 000 Project Number of Days: q-t ltco7 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 1 O 2 Ability to maintain project schedule (complete on -time or early). ) 0 3 Quality of work. a 4 Quality of consultative advice provided on the project.A1 5 Professionalism and ability to manage personnel. 9 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) p) 7 Ability to verbally communicate and document information clearly and succinctly. p 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 7Z CO ter County Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8118 - Mulch & Installation Services Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name f Individua Requesting Reference Information) Name: Q�{ ii Company: (Evaluator cdmpleting reference questionnaire) (Evaluator's Company completing reference) Email: 10A461— 14S1dbL7U2S6WW FAUX. z-"7Q- yW2 Telephone:�6- ZIW-19?1 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the frrm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the ,item or form will be scored "0." Project Description: �I(►��Ci Project Budget: Completion Date: Project Number of Days: Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. / 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. / 8 Abiltity to manage risks and unexpected project circumstances. / 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. /f 10 Overall comfort level with hiring the company in the future (customer satisfaction). (— TOTAL SCORE OF ALL ITEMS INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https:Hgpps.fldfs.com/bocexempt/ 2. ® Employer's Liability $_500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $_500,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance 8. ❑ Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "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 Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 3/8/2023 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. AC"I?" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/.DreYYY) 11/30/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE RIDES 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 &Brawn of Florida, Inc. a"CNn n Ext : (305) 714-4400 AiC No : (305) 714 4401 8826 NW 21 at Terrace E-MAIL Julio.Guerrero@bbrown.com ADDRESS: IN AFFORDING COVERAGE NAIC # INSURER A: Twin City Fire Insurance Company 29459 Doral FL 33172 INSURED INSURER B : Hartford Insurance Company of the Midwest 37478 Superior Landscaping & Lawn Service Inc INSURER C : GuideOne National Insurance Company 14167 PO Box 35-0095 INSURER D : FFVA Mutual Insurance Co. 10385 INSURER E : Miami FL 33135 INSURER F : COVERAGES CERTIFICATE NUMBER: 22123 (3L,CA,UMB,VNC REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE 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. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDffYYY MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 �/ CLAIMS -MADE /� OCCUR DAMAGE TO RENTED PREMISES Ea occunence 3QQ000 $ MED EXP (Any one person) S 1 C,000 PERSONAL 8. ADV INJURY S 1,D00,000 A 21UENOL4176 12/0112022 12101/2023 GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POLICY X PRO El LOC JECT PRODUCTS - COMPlOPAGG S 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S 1,000,000 X BODILY INJURY (Per person) S ANY AUTO B OWNED SCHEDULED AUTOS ONLY AUTOS 21 UENO L9067 12101/2022 12/01/2023 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident 5 Medical payments 5 5,000 UMBRELLA LIAB ^ OCCUR EACH OCCURRENCE S 3,000,000 C x EXCESS LIAB CLAIMS -MADE QT4608198 12/01/2022 12/0112023 AGGREGATE S 3,000,000 DEB I I RETENTION $ S ID WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N ANY PROPRIRfPARTNERlEXECU7IVE pFFIC ERfMEMBMBER EXCLUDED? (Mandatory in NH) NIA WC84000345042022A 12/01/2022 121p112023 PER OTH- STATUTE !� %� ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,004 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Sample of "Sample" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Coder C01414t y Procurement Services Division Date: 3/21/2023 Email: Patrick.Boyle@colliercountyfi.gov Telephone: (239) 252-8941 Addendum #1 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum 91 23-8118 Mulch and Installation Services The following clarifications are issued as an addendum: The following documents have been uploaded in response to Question 1: 20-7705 Bid Tabulation, 20- 7705 Fee schedule - Primary Vendor, 20-7705 Fee Schedule - Secondary Vendor. If you require additional information, please post a question on our Bid Sync (www.bidsyne.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above 4/16/2023 Date Superior Landscaping & Lawn Service Inc. (Name of Firm) yP-e Cc�# -7. Tax Cnlleeter N00IIt Dran ing Local Business Tax Receipt SUPERIOR LANDSCAPING & LAWN SERVICE INC LEVY BERNARD A PO BOX 35-0095 MIAMI, FL 33135 Dear Business Owner: Your 2022 - 2023 Lee County Local Business Tax Receipt is attached below for account number / receipt: number: 1013865 / 0803984 If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, Lee County Tax Collector 2022-2023 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1013865 Receipt Number: 0803984 State License Number: CFC1425682 Location: 5740 ZIP DR FT MYERS, FL 33905 SUPERIOR LANDSCAPING & LAWN SERVICE INC LEVY BERNARD A 5740 ZIP DR FT MYERS, FL 33905 Account Expires: September 30, 2023 JOURNEYMAN THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Payment Information: PAID INT-00-00381571 08/23/2022 $ 50.00 yP-e Cc�# -7. Tax Cnlleeter N00IIt Dran ing Local Business Tax Receipt SUPERIOR LANDSCAPING & LAWN SERVICE INC LEVY BERNARD A PO BOX 35-0095 MIAMI, FL 33135 Dear Business Owner: Your 2022 - 2023 Lee County Local Business Tax Receipt is attached below for account number / receipt: number: 1013865 / 0803984 If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, Lee County Tax Collector 2022-2023 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1013865 Receipt Number: 0803984 State License Number: CFC1425682 Location: 5740 ZIP DR FT MYERS, FL 33905 SUPERIOR LANDSCAPING & LAWN SERVICE INC LEVY BERNARD A 5740 ZIP DR FT MYERS, FL 33905 Account Expires: September 30, 2023 JOURNEYMAN THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Payment Information: PAID INT-00-00381571 08/23/2022 $ 50.00 B R D l COUNTY Certificate of Completion ADVANCED TREE TRIMMING r Paul Sands has successfully completed the training conducted by URIFAS Broward County Extension office ( _�Ibroward!commercial-horticulture- kmm- "' ). Class Date: August 24, 2022 Expires: July 1, 2023 THIS CARD IS A TRAINING CERTIFICATE- NOT A LICENSE. October 5, 2022 BROWARD COUNTY TREE TRIMMER LICENSE STANDARDS FOR MAINTAINING YOUR BROWARD COUNTY TREE TRIMMER LICENSE 1. The following shall be available for inspection at every work site where tree trimming is being carried out: • A copy of the company's Broward County Tree Trimmer license. • Proof of the company's current insurance coverage. • At least one person should possess a current Tree Trimmer training card, • Current training cards reflect that training was completed within the past two (2) years. • Picture identification issued by a government entity or agency. At least one trained person must be available at every work site where tree trimming is being carried out. 3. The company's Tree Trimmer license number shall be prominently displayed on both sides of vehicles used in tree trimming. 4. Tree trimmer license number must appear in ads offering tree trimring and/or removal services. Advertisements include business cards, telephone directory advertisements, quotes for tree services, flyers and vehicles advertising tree services. 5. License holders shall ensure that all employees engaged in tree trimming are adequately trained regarding safety procedures in accordance with applicable federal and state law including the federal Occupational Saftey and Health Act of 1970 (OSHA). 6. Retraining is required before licenses can be renewed. Tree trimmer licenses are renewable every two years. 7. Each license holder shall notify the County, in writing, if there is a change in any of the standards required for licensure. Superior Landscaping & Lawn Service 2200 NW 23RD AVE MIAMI, FL 33142 1 D CLASS: COUNTY TREE *AMR Jffft SLTPERIORLANDSCANNG cC LAAW s2iieCI" ���' EXPIRES, 2200 iAV 23PD AVE MIAMT, FL 33142 TRAfNPD EMPLOYEE: PAUL SANDS An 204-4A (RL�v. 511 S) PC201249985 CERTIFICATE OF COMPETENCY BR WARD PAUL SANDS i!► TREE TRIMMER "A" CERTIFICATION Superior Landscaping & Lawn Service CC#A 01802 EXPIRES 06/30/2023 �Dcpartment of 01griculture aub Canoumer berbireg BUREAU OF LICENSING AND ENFORCEMENT Date Fi1c No. Expires June 6, 2022 J'F7250 June 1, 2023 THE CERTIFIED PEST CONTROL'OPERATOR NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING:.Iune 1, 20,23 DANIEL H ACKENBRAC_K Crawral household Pest and 4250 N. AIA #704 Rodent Control FORT PIERCE, FL 34949 , l Awa and Ornamental Teigmite and Other WDO Control Fl I NICOLE "NIKKI" FRIED, COMMISSIONER STATE OF FLORIDA &PaOtnent of Z[grituiture anb Cattgun er *erbireg BUREAU OF LICENSING AND ENFORCEMENT DANIEL H ACKENBRACK CERTIFIED PEST CONTROL OPERATOR JF7250 HAS PAID THE FEE;RREQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRING .Tune 1, 2023 COMMISSIONER BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG, 8 TALLAHASSEE, FLORIDA 32399-1650 ISA Paul Sands �Cr rNfialed FL-9676A Expiration Certified Arborise Certificate of Completion Lisandro A. Iglesias Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced Course. 06/13/2023 140 Messier R. Gilchrist 52402 Date Expires FDOT Provider # Instructor Certificate # Metro Florida Safety Council Dade,Broward,Palm Beach, Trsafety ty F D OT metrofloridasafetycou ncil.com mlyons@metrofloridasafetycouncil.com nnwIDA SAFE1Y CO For more information about Temporary Traffic Control (TTC) or to verify this certificate www.motadmin.com STATE OF FLORIDA -Mepartment of Qlgricuiture anb Congumer *crbirrs BUREAU OF LICENSING AND ENFORCEMENT STATE OF FLORIDA �Bepardneltt of agriculture atib Consumer &crbice5 BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires August 2, 2022 JE296579 April 30, 2023 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: April 30, 2023 AT SUPERIOR LANDSCAPING & LAWN SERVICE INC MIAMI, FL 33142 PAUL LEONARD SANDS Regular SUPERIOR LANDSCAPING & LAWN SERVICE INC P O BOX 35-0095 MIAMI, FL 33135 NIICOLE "NIKKI" F" 1 MISSIONER PAUL LEONARD SANDS SUPERIOR LANDSCAPING & LAWN SERVICE INC ID CARD HOLDER JE296579 I iAS PAID THE FEE REQUIRED BY CHAPTER 492 FOR THE PERIOD EXPIRING April 30,2023 n 1 Cdlt --lpLeof Signature COMMISSIONER ATTACH PHOTO ON REVERSE Wallet Card - Fold Here BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG. & TALLAHASSEE, FLORIDA 32399-1650 STATE OF FLORIDA �Bcpartment of Sgriculture anb Connnitc 6erbices BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires July 12, 2022 JB169995 April 30, 2023 THE PEST CONTROL COMPANY FIRM NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: April 30, 2023 AT 6620 TOPAZ CT FORT MYERS, FL 33966 SUPERIOR LANDSCAPING & LAWN SERVICE Lawn and Ornamental INC PO BOX 35-0095 MIAMI, FL 33135 'ICOLE "N K NKI" F ILD, COMMISSIONER STATE OF FLORIDA ;Bepartmeitt of fgricu[ture anD Cououmer berbiceg BUREAU OF LICENSING AND ENFORCEMENT SUPERIOR LANDSCAPING & LAWN SERVICE INC 6620 TOPAZ CT PEST CONTROL COMPANY FIRM JB169995 HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRING April 30,2023 n I G'J1z —"Id Signature COMMISSIONER BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG. 8 TALLAHASSEE, FLORIDA 32399-1650 STATE OF FLORIDA Departmetit of Agriculture anD consumer *Erbil" BUREAU OF LICENSING AND ENFORCEMENT Date File No, Expires July 12, 2022 JE43349 April 30, 2023 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: April 30, 2023 AT SUPERIOR LANDSCAPING & LAWN SERVICE INC FORT MYERS, FL 33966 THOMAS ANTHONY BROWN Certified Operator SUPERIOR LANDSCAPING & LAWN SERVICE INC PO BOX 35-0095 MIAMI, FL 33135 n+ MCOLE "NIKKi" F II:D, COMMISSIONER STATE OF FLORIDA )Department of Rarkutture mab cottgumer *erbice5 BUREAU OF LICENSING AND ENFORCEMENT THOMAS ANTHONY BROWN SUPERIOR LANDSCAPING & LAWN SERVICE INC ID CARD HOLDER JE43349 Certified Operator HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRING April 30, 2023 r1 I C' K4 Signature COMMISSIONER ATTACH PHOTO ON REVERSE BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG. 8 TALLAHASSEE, FLORIDA 32399-1650 STATE OF FLORIDA 33epartment of fgricutture aub Commmtr *crbices BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires July 12, 2022 JE311657 April 30, 2023 THE 1D CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE. PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: April 30, 2023 AT SUPERIOR LANDSCAPING & LAWN SERVICE INC FORT MYERS, FL 33966 HERLINDA GOMEZ Regular SUPERIOR LANDSCAPING & LAWN SERVICE INC PO BOX 35-0095 MIAMI, FL 33135 1 au NrICOLE "NIKKI" FKIEEDD, COMMISSIONER STATE OF FLORIDA -Bepartment of ftri€ultltre ally Cam;Umer �*abite5 BUREAU OF LICENSING AND ENFORCEMENT HERLINDA GOMEZ SUPERIOR LANDSCAPING & LAWN SERVICE INC ID CART? HOLDER JE311657 HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRING April30, 2023 n I aru —6- t Signature COMMISSIONER ATTACH PHOTO ON REVERSE Wallet Card - FoldHere BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG. 8 TALLAHASSEE, FLORIDA 32399-1650 STATE OF FLORIDA -Department of fgriculture anb Conguint:r *erbiceg BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires July 12, 2022 JE272137 April 30, 2023 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: April 30, 2023 AT SUPERIOR LANDSCAPING & LAWN SERVICE INC FORT MYERS, FL 33966 XOCHITL SUSANA YANEZ Regular SUPERIOR LANDSCAPING & LAWN SERVICE INC PO BOX 35-0095 MIAMI, FL 33135 NICOLE "N KKI" F IR ED, COMMISSIONER STATE OF FLORIDA Otpartnlent of 2griculturc anb Conoumer 6t rbirm BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires July 12, 2022 JE296794 April 30, 2023 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: April 30, 2023 AT SUPERIOR LANDSCAPING & LAWN SERVICE INC FORT MYERS, FL 33966 JOAN M CRUZ Regular SUPERIOR LANDSCAPING & LAWN SERVICE INC PO BOX 35.0095 MIAMI, FL 33135 NICOLE "NIKKN F 1R ED, COMMISSIONER STATE OF FLORIDA �)cpartment of fgrirulture anb Consumer berbices BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires July 12, 2022 JE296795 April 30, 2023 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: April 30, 2023 AT SUPERIOR LANDSCAPING & LAWN SERVICE INC FORT MYERS, FL 33966 ERIC PEREZ Regular SUPERIOR LANDSCAPING & LAWN SERVICE INC PO BOX 35-0095 MIAMI, FL 33135 NICOLE "\IKKP' F IR ED, COMMISSIONER y,� STATE OF FLORIDA -Dwrttlletlt of Agriculture aub Coi%utneI Selbir¢5 BUREAU OF LICENSING AND ENFORCEMENT XOCHITL SUSANA YANEZ SUPERIOR LANDSCAPING & LAWN SERVICE INC ID CARD HOLDER JE272137 HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRING April 30, 2023 n 1 wu .- "d Signature COMMISSIONER ATTACH PHOTO ON REVERSE Wallet Card - Fold Here BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG. 8 TALLAHASSEE, FLORIDA 32399-1650 STATE OF FLORIDA Dcpartnlcnt of Agrirulturt anh Con5unter 6erbire5 BUREAU OF LICENSING AND ENFORCEMENT JOAN M CRUZ SUPERIOR LANDSCAPING & LAWN SERVICE INC ID CARD HOLDER JE296794 HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRING April 30, 2023 r) i UtL — d Signature COMMISSIONER ATTACH PHOTO ON REVERSE BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG. 8 TALLAHASSEE, FLORIDA 32399-1650 STATE OF FLORIDA Mcparnnent of 2griculture atib Con5ulner lberbice5 BUREAU OF LICENSING AND ENFORCEMENT ERIC PEREZ SUPERIOR LANDSCAPING & LAWN SERVICE INC ID CARD HOLDER JE296795 HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRING April 30, 2023 r) I C.AJ— Signature COMMISSIONER ATTACH PHOTO ON REVERSE Wallet Card - Fold Herc BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG. 8 TALLAHASSEE, FLORIDA 32399-1650 STATE OF FLORIDA Department of agriculture anb eCommirr *trbim5 BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires July 13, 2022 JE328546 April 30, 2023 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: April 30, 2023 AT SUPERIOR LANDSCAPING & LAWN SERVICE INC FORT MYERS, FL 33966 LUIS BAENA Regular SUPERIOR LANDSCAPING & LAWN SERVICE INC PO BOX 35-0095 MIAMI, FL 33135 nfutt NICOLE "NIKKI" FXIED, COMMISSIONER Departnletlt of Agrirulture anb Cotimur Ababice5 BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires July 12, 2022 JE194803 April 30, 2023 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: April 30, 2023 AT SUPERIOR LANDSCAPING & LAWN SERVICE INC FORT MYERS, FL 33966 RICARDO SOSA Regular SUPERIOR LANDSCAPING & LAWN SERVICE INC PO BOX 35-0095 MIAMI, FL 33135 n l cjt NICOLE "NIKKI" FKIED, COMMISSIONER STATE OF FLORIDA Department of 2griculture aub Conlumer %crbices BUREAU OF LICENSING AND ENFORCEMENT LUIS BAENA SUPERIOR LANDSCAPING & LAWN SERVICE INC ID CARD HOLDER JE328546 HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRING April 30,2023 n I utt Signature COMMISSIONER ATTACH PHOTO ON REVERSE Wallet Card - Fold Here BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG. 8 TALLAHASSEE, FLORIDA 32399-1650 STATE OF FLORIDA Mepartmeut of agriculture atib Cottoumer Jterbfug BUREAU OF LICENSING AND ENFORCEMENT RICARDO SOSA SUPERIOR LANDSCAPING & LAWN SERVICE INC ID CARD HOLDER JE194803 HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRING April 30, 2023 () I &rLt- —g-Ltd--Iv Signature COMMISSIONER ATTACH PHOTO ON REVERSE Wallet Card - Fold Here BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG. 8 TALLAHASSEE, FLORIDA 32399-1650 0 ���0 Ron DeSantis, Governor Melanie S. Griffin, Secretary Florida STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES y f � LICE E NfiMftR: CGC1529871 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. i , 1 mwV01FAF 10 0� 0 Ron DeSantis, Governor Melanie S. Griffin, Secretary Florida STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE PLUMBING CONTRACTOR HEREINSJCERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES �r EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Certifies that Lisandro Iglesias has successfully completed the required courses of study and is recognized as a CI227R: Qualified Compliance Inspector of Stormwater (QCIS) Recert - Florida (2022) Completion Date Expiration Date 05/06/2022 05/05/2024 Certification Number e562c896 PDHs: 8 Jndtew 2eme�s Andrew Demers, President FDO� This Certifies that ip- Julio Vold" Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced (Refresher) Course. Date Expires: 03/25/2025 Certiflcata#71857 Instructor: Messier R. Gilchrist FDOT Provider# 140 Metro954,a03-9-190 Connell PhM e 1111 one:: Td•County Dade,Bromrd,Palm Beach, ma trofloddessfelycouncil.com mlyonaCmelrotlorldasafetycounall.cam neaum�etn .�eaolilr.oN Department of Environmental Protection OF IFAS ,I 2600 Blair Stone Road, M.S. 3570 UNIVERSITY of FLORIDA o FLORA A Tallahassee, Florida 32399-2400 GI -BMW Trainee ID: GV38971 Certification date: 1/29/2016 Congratulations on successfully completing the Florida Green Industries Best Management Practices Training Program. Your certificate of completion and wallet card are attached. If there are errors in the certificate, or if we can be of further assistance, please contact the GI-BMP Office of the OF/Florida-Friendly Landscaping'' Program at gi.bmp@ifas.ufl.edu or (352) 273-4517. Please note that this training certificate alone does not authorize you to apply fertilizer commercially after January 1, 2014. You must take additional steps to become licensed for commercial fertilizer application in the state of Florida. The Limited Urban Commercial Fertilizer Applicator Certification (state "fertilizer license") is issued by the Florida Department of Agriculture and Consumer Services (FDACS). Apply online: https://aesecomm.freshfromflorida.com. The certificate number from this document is required to apply for Fertilizer Applicator Certification. For assistance contact: The Bureau of Licensing and Enforcement, (850) 617-7997 If your test score is 90% or greater, you maybe elble to become a GI-BMP Instrucme http://fyn.ifas.ufl.edu/professionals/instructor program.html Beatriz Gerdts 12578 SW 125th Ter Miami, FL 33186 Test Score: 85 State of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION Beatriz Gerdts GV38971-1 GV38971 CexdGcace # Trainee ID # GREEN INDUSTRIES BEST MANAGEMENT PRACTICES TRAINING PROGRAM i•FLORI A Certificate of Training °"'"rRs'TY°,rtorunn GV38971-1 Best Management Practices certificate # Florida Green Industries GV38971 Trainee ID # The undersigned hereby acknowledges that Beatriz Gerdts has successfully met all requirements necessary to be fully trained through the Green Industries Best Management Practices Program developed by the Florida Department of Environmental Protection with the University of ry ISslleT Florida Institute of Food InsiructoT D. Rainey and Agricultural Sciences, ✓ � 1/29/2016 ,00 s� r✓ `U Date of Class D rogram Administrator Noe valid without seal o*.JQJTCIJON Department of dAk Environmental Protection UPIFAS FLOR16 ;' 2600 Blair Stone Road, M.S. 3570 UNIVEA5TFY of FLORIDA Tallahassee, Florida 32399-2400 GI-BMP Trainee ID: GV399887 Certification date: 9/28/2016 Congratulations on successfully completing the Florida Green Industries Best Management Practices Training Program. Your certificate of completion and wallet caxd are attached. If there are errors in the certificate, or if we can be of further assistance, please contact the GI-BNW Office of the Florida -Friendly "ndscapingm Program at gi.bmp@ifas.ufl.edu or (352) 273-4517. Please note that this training certificate alone does not authorize you to apply fertilizer commercially after January 1, 2014. You must take additional steps to become licensed for commercial fertilizer application in the state of Florida. The Limited Urban Commercial Fertilizer Applicator Certification (state "fertilizer license") is issued by the Florida Department of Agriculture and Consumer Services (FDACS). Apply online: https://aesecoram.fteshfromflorida.com.'I'he certificate number from this document is required to apply for Fertilizer Applicator Certification. For assistance contact: The Bureau of Entomology and Pest Control, (850) 617-7997 If your test score is 90% or greater, you may be eligible to become a GI-BMP Instructor: Test Score: 78% http://fyn.ifas.uff.edu/professionals/instructor—progmm.htn-1 State of Florida Marco A. Manzo Superior Landscaping & Lawn Services 6220 Topaz Ct Fort Myers, FL 33966 DEPARTMENT OF ENVIRONMENTAL PROTECTION Marco A. Manzo GV399887-1 GV399887 Certificate # Trainee ID # GREEN INDUSTRIES BEST MANAGEMENT PRACTICES TRAINING PROGRAM ''��` OF 1IFAS S 'y UNiVERSMofFLORIDA kt FI.ORl ' Certificate of Training GV399887-1 Best Management Practices C;erti&cate 4 Florida Green Industries GV399887 Trainee 117 # The undersigned hereby acknowledges that has successfully met all requirements necessary to be fully trained through the Green Industries Best Management Practices Program developed by the Florida Department of Environmental Protection with the University of Florida Institute of Food and Agricultural Sciences. li4 �� D. Rainey 9/28/2016 Issuer Instructor Dare of Class ❑ rogram Administrator Not valid without seal 'C of' ,,tat Ort ba eparlmrnt of tall I certify the attached is a true and cofrect copy of the Articles of Incorporation of SUPERIOR LANDSCAPING & LAWN SERVICE INC., a Florida corporation, filed on May 18, 1998, as shown by the records of this office. The documont number of this corporation is P98000044604. CR2EO22 (2 5) Given under mar hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Eighteenth day of May,1998 '*=blm P-A-M4= arxrt �f tabt Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation SUPERIOR LANDSCAPING & LAWN SERVICE INC. Filing Information Document Number P98000044604 FEI/EIN Number 65-0838100 Date Filed 05/18/1998 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/11/2019 Event Effective Date NONE Principal Address 2200 NW 23RD AVE MIAMI, FL 33142 Changed: 01 /12/2005 Mailing Address PO BOX 35-0095 MIAMI, FL 33135 Changed: 03/22/2012 Registered Agent Name & Address OTERO, ORLANDO 2200 N.W. 23 AVENUE MIAMI, FL 33142-6551 Address Changed: 01/04/2005 Officer/Director Detail Name & Address Title PD OTERO, ORLANDO 2200 N.W. 23 AVENUE MIAMI, FL 33142 Title VTD Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev. October 2018) Department of the Treasury Internal Revenue Service ► Go to www.frs.gov/FormW9 for instructions and the latest information. send to the IRS. t Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Superior Landscaping & Lawn Service Inc. 2 Business name/disregarded entity name, if different from above co 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to Cfollowing seven boxes. certain entities, not individuals; see a o ❑ Individual/sole proprietor or ❑ C Corporation 0 S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): in single -member LLC Exempt payee code (if any) ao ❑ Limited liability company. Enter the tax classification (C-C corporation, S=S corporation, P=Partnership) ► `p ,�, Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting c H LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code if an ( Y) a another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that IL w is disregarded from the owner should check the appropriate box for the tax classification of its owner. n m ❑ other (see instructions)1► iAppA'es (-—Is martarree outside the U.S) (a 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) U n 2200 NW 23 Avenue 6 City, state, and ZIP code Miami, FL 33142 7 List account number(s) here (optional) MON Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number ( later. However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other TE entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more thari one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 6 5 F— 0 1 8 1 3 1 8 1 1 1 0 1 tl Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of Here U.S. person► Awv ;tt7 Date 0- 6/24/2022 General Instrubtions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. e Form 1099-INT (interest earned or paid) e Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) e Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231 X Form W-9 (Rev. 10-2018) ON E-Veri a�* fo Company ID Number: 272503 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Superior Landscaping & Lawn Service, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 272503 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 272503 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 272503 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VI of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(@dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 272503 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 272503 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 272503 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect iE-Verfv— or ON a Company ID Number: 272503 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 272503 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri a�* fo Company ID Number: 272503 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect ifv— ONa� E-Ver 1Ior Company ID Number: 272503 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 W� ram- . E-Veriff �ylll� o Company ID Number: 272503 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 riE-Vefv— or �ylll� Company ID Number: 272503 Approved by: Employer Superior Landscaping & Lawn Service, Inc. Name (Please Type or Print) Title Betsy Quevedo Signature Date Electronically Signed 11/03/2009 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 11/03/2009 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect ifv— ONa� E-Ver 1Ior Company ID Number: 272503 Information Required for the E-Verify Program Information relating to your Company: Superior Landscaping & Lawn Service, Inc. Company Name 2200 NW 23rd Avenue Miami, FL 33142 Company Facility Address PO Box 35-0095 Miami, FL 33135-0095 Company Alternate Address County or Parish MIAMI-DADE Employer Identification Number 650838100 North American Industry Classification Systems Code 238 Parent Company Number of Employees 100 to 499 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect E-Verifv- Company ID Number: 272503 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 272503 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Aileen Villasana Phone Number (305) 634 - 0717 Fax Number (305) 634 - 0744 Email Address aileen@superiorlandscaping.com Name Betsy Quevedo Phone Number (305) 634 - 0717 Fax Number (305) 634 - 0744 Email Address bquevedo@superiorlandscaping.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 W� ram- . E-Veriff �y�N� o Company ID Number: 272503 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 VALDES, MARIA 2200 N.W. 23 AVENUE MIAMI, FL 33142 Title QCO CANTOR, LAURENCE PO BOX 35-0095 MIAMI, FL 33135 Annual Reports Report Year Filed Date 2022 03/30/2022 2022 07/14/2022 2023 02/22/2023 Document Images 02/22/2023 --ANNUAL REPORT View image in PDF format 07/14/2022 -- AMENDED ANNUAL REPORT View image in PDF format 03/30/2022 --ANNUAL REPORT View image in PDF format 02/03/2021 --ANNUAL REPORT View image in PDF format 03/10/2020 --ANNUAL REPORT View image in PDF format 12/11/2019 --Amendment View image in PDF format 02/27/2019 --ANNUAL REPORT View image in PDF format 03/07/2018 --ANNUAL REPORT View image in PDF format 02/16/2017 --Amendment View image in PDF format 01/31/2017 --Amendment View image in PDF format 01/17/2017 --ANNUAL REPORT View image in PDF format 01/22/2016 --ANNUAL REPORT View image in PDF format 01/11/2015 --ANNUAL REPORT View image in PDF format 09/09/2014 -- AMENDED ANNUAL REPORT View image in PDF format 07/09/2014 -- Amendment View image in PDF format 02/10/2014 --ANNUAL REPORT View image in PDF format 11/13/2013 --AMENDED ANNUAL REPORT View image in PDF format 03/04/2013 --ANNUAL REPORT View image in PDF format 03/22/2012 --ANNUAL REPORT View image in PDF format 02/22/2011 --ANNUAL REPORT View image in PDF format 04/01/2010 --ANNUAL REPORT View image in PDF format 03/12/2009 --ANNUAL REPORT View image in PDF format 04/25/2008 --ANNUAL REPORT View image in PDF format 01/15/2007 --ANNUAL REPORT View image in PDF format 01/17/2006 --ANNUAL REPORT View image in PDF format 01/11/2006 --ANNUAL REPORT View image in PDF format 04/19/2005 --ANNUAL REPORT View image in PDF format 01/04/2005 --ANNUAL REPORT View image in PDF format 01/30/2004 --ANNUAL REPORT View image in PDF format 03/24/2003 --ANNUAL REPORT View image in PDF format 04/01/2002 --ANNUAL REPORT 02/12/2001 --ANNUAL REPORT 01/24/2000 --ANNUAL REPORT 02/19/1999 --ANNUAL REPORT 05/18/1998 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format