Loading...
Backup Documents 08/08/2023 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 R 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG RE C n Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwardegt •:•i,II( atAUty��8 2023 Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 0/2-3 2. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners kJ,ry firrn jY/Z5 4. Minutes and Records Clerk of Court's Office S-1(1-4?-310; 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event. one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vanessa Miguel/Procurement Contact Information 239-252-8947 Contact/Depai Intent Agenda Date Item was August 8th, 2023 Agenda Item Number 16.B.1. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8118 Superior number if document is Superior Landscaping & to be recorded Landscaping & Lawn Service Inc. Lawn Service Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VM document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on August 8th,2023,and all changes made N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. • 16EF FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 23-8118 for "Mulch and Installation Services" THIS AGREEMENT, made and entered into on this day of Pt L) (YS 20 23 , 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: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ■ upon the date of Board approval; or I I ell and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ■ Invitation to Bid (ITB) Other ( )# 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 Service Multi-Contractor Agreement 2022_Ver.3 CAO 1 6 B 1 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. ❑ Other Exhibit/Attachment: 3-4❑The-Gott of-eompiefiew,--coliect • 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): n p--Sum fF1xe Sri^III: rm fixed total price-offering for a project; the risks arc is authorized. ❑ aeand-Mater4a-Is: The County agrees to pay the contractor for the amount of labor • of hours worked and billing rate by position (and not company (or subcontractor) documentation for the project. • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO l6gi 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 n : Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile 'Breakfast $6.00 tell $41.00 Dinner $ -00 Airfare Actual ticket cost limited to tourist or coach class fare ReRtal-ear Actual rental cost limited to compact or + rid rd sip y hi..lo a crn�rcr-ter�v-cr rr c�rr.-s Leisigifig Parking Actual cost of either taxi or airport limousine • long distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CNC3 16 � i 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: SUPERIOR LANDSCAPING & LAWN SERVICE INC. Address: 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©CollierCountyFL.Gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1681 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. • Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 1E1 Business Auto Liability: Coverage shall have minimum limits of$ 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. 1.1 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 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1681 n Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. -n . ❑ : Coverage 6- ❑ -Coverage shall have minimum limits of$ per claim. n -:-Geveer-age shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1681 Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), I I Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ ■ ITB/U Othcr #�2�3}-�811 "18 , including Exhibits, Attachments and Addenda/Addendum, ❑ Gubcequent q-cretec,t'nd I I Ot� �E 'ibit�f ttacnr'�'r ent: 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 7of17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 168i 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: PublicRecordRequest(c�colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16 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. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO I6Ri 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. n 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 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 Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1681 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 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 CAO 16g1 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ as many people as necessary to complete the services on a timely basis, and each person • personnel. �J 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. I■J 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. n of the Contract Documents and/or the County's Board approved • • 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 pp�q CAO 16B1 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. I.I SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1681 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comp oiler By: nil By: Rick LoCastro , Chairman Dated: 2,3(SEAF'"(zi-- Attest as to Chairman's L. signature only Contractor's Witnesses: SUPERIOR LANDSCAPING&LAWN SERVICE INC. Contractor DI/ • By o tJ1J2 ' ractor' First Witness / B, ,,SVOLOir C c-rq P(A.c.,de-67"' / L 1 Ty/pe/print signature and'ti leT TTy e/prin itness namet Contra or's con it ess 19-t°Wee 51/1- TType/print witness namet Ap ed a to F m an Le ality: C unty torney r tNa Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 0 1681 Exhibit A Scope of Services 0 following this page (pages through 6 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 t6R1 4 / 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 Primary/Secondary/Tertiary basis by Category as follows: 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 CATEGORY B: 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 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. Page 1 of 6 EXHIBIT A—Scope of Services CAO I 613 Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" 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. 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. 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 31/4" 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. Page 2 of 6 EXHIBIT A—Scope of Services CAO 1681 Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" 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. 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. 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 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 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. Page 3 of 6 EXHIBIT A—Scope of Services CAO 1 6 R 1 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 (MOT) OR Temporary Traffic Control(TTC),Intermediate Level Certification. 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 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.colliercountyfl.gov/government/growth-management/services/construction- andmaintenance-publ ic-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. Page 4 of 6 EXHIBIT A—Scope of Services CAO 16R1 Invitation to Bid (ITB) #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. 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. 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. Page 5 of 6 EXHIBIT A—Scope of Services CAO l6R1 Invitation 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 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. 7.12.8. 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. Page 6 of 6 EXHIBIT A—Scope of Services CAO 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 UOM 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 Page 1 of 2 CAC 16E1 Invitation to Bid (ITB)#23-8118 "Mulch and Installation Services" EXHIBIT B FEE SCHEDULE Superior Landscaping& Lawn Service Inc. (SECONDARY 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 UOM Unit Price 1 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 treated lumber. Item Description UOM 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 6:00AM 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. Page 2 of 2 CAC I6gi Other Exhibit/Attachment Description: ❑ following this page (pages through ) IN this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 8 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN E D AUG O H 10Z3 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to t e ounty Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Dat 1. Risk Risk Management ,6' /8l23 2. County Attorney Office County Attorney Office c 1 22,k)1è3 4. BCC Office Board of County Commissioners RL, /6/4 *y/z3 4. Minutes and Records Clerk of Courts Office �^ 9)3 (O ' v 1 If if IJ 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event. one of the addressees above,ma need to contact staff for additional or missing information. Name of Primary Staff Vanessa Miguel/Procurement Contact Information 239-252-8947 Contact/Department Agenda Date Item was August 8th, 2023 Agenda Item Number 16.B.1. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8118 Southeast number if document is Southeast Spreading to be recorded Spreading Company,LLC Company, LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on August 8',2023,and all changes made N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 16gi FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 23-8118 for "Mulch and Installation Services" THIS AGREEMENT, made and entered into on this S day of / UqUSi 20 23 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 1.1 upon the date of Board approval; of I I on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ . 3. STATEMENT OF WORK— Contractor shall provide services in accordance with the terms and conditions of III Invitation to Bid (ITB) I Other ( )..# 23-8118 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral pad of this Agreement. ■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 ',}} CAO 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 INC The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ❑ Other Exhibit/Attachment: 3-4 • 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): n mum (Fixed Price): A firm fix is authorized. n Time-and-Mat : • of hours worked and billing rate by position (and not company (or subcontractor) ICI Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 cM) 16A1 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 "'aches" 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 n : Travel an. Reimbursable Expenses must be approved in advance in writing by the County. Travel • Mileage $0.44.5 per mile Breads $OO L-ticied $4-1_..98 1Dinnef $4-9-99 rfare etas f 4;e Reetal-eaf Actual rental cost limited to compact or Packing Taxi or Airport Limousine • • • • • • 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022 Ver.3 CAO 16 fl 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: 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@CollierCountyFL.Gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16R1 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. [I Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 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. 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 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16R1 D-- n Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ och claim and aggregate. Ed • : Coverage shall have minimum limits of$ per claim. 6- 0 :- ever-age #- I I : Cmcragc Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16R1 Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), I I Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/(■I ITB/n Othcr #23-8118 including Exhibits, Attachments and Addenda/Addendum, n subsequent quotcs, and ❑ Othcr Exhibit/Attachmcnt: 17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO f6B1 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: PublicRecordRequest(c colliercountyfl.c 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 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 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CIO 1681 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. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16e1 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. n 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. II 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. Pauc l o of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CA° l6R1 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 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 C A0 1 6 g 1 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ this project shall be knowledgeable in their areas of expertise. The County reserves the • personnel. n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ■ 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. n among the terms of any of the Contract Documents and/or the County's Board approved • • • 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 o117 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16R1 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. I SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1681 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comptrol r By: � By: -.. g' iq Rick LoCastro , Chairman Dated: ,7'j (SEAL) Attest as to Chairman's y.. signature only Contractor's Witnesses: SOUTHEAST SPREADING COMPANY, LLC Contractor DBA / I ����ail I By: Y Con ractor's First Witness Si ram,ure Marcia*,a in b i 0 TType/print signature and titleT I111 e •r' t witness nameT 04 Contractor's Second Witness V11ohtca I-krr�ra- TType/print witness nameT Ap ov d a o Fo n egality: ou ty Attorney Print Name Page14of17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 AO Exhibit A Scope of Services • following this page (pages through 6 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16R1 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 Primary/Secondary/Tertiary basis by Category as follows: 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 CATEGORY B: 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 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. Page 1 of 6 EXHIBIT A—Scope of Services CAO 16R1 Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" 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. 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. 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 31/2" 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. Page 2 of 6 EXHIBIT A—Scope of Services CAO 16Rt Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" 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. 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. 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 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 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 I 1 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. Page 3 of 6 EXHIBIT A—Scope of Services CAC 1 6 Et 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 (MOT) OR Temporary Traffic Control(TTC), Intermediate Level Certification. 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 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.colliercountyfl.gov/government/growth-management/services/construction- andmaintenancepublic-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. Page 4 of 6 EXHIBIT A—Scope of Services CAO � 6B1 Invitation to Bid (ITB) #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. 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. 7.10. Temporary Traffic Control (ITC): 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. 7,1 1.2. 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. Page 5 of 6 EXHIBIT A—Scope of Services CAO Invitation 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 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. 7.12.8. 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. Page 6 of 6 EXHIBIT A—Scope of Services CAO 16R1 Exhibit B Fee Schedule following this page (pages 1 through 2 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1681 Invitation to Bid(ITB)#23-8118 "Mulch and Installation Services" EXHIBIT B FEE SCHEDULE Southeast Spreading Company,LLC (TERTIARY 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 $ 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 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 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 Page 1 of 2 ICAO 16R1 Invitation to Bid(ITB)#23-8118 "Mulch and Installation Services" EXHIBIT B FEE SCHEDULE Southeast Spreading Company,LLC (TERTIARY 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 UOM Unit Price 1 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 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 $ 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 6:00AM 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. Page 2 of 2 CAD l6R1 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_Ver3 CAD ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 G I THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNTVET AUG 0 8 2023 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded id to ounty ttorncy Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 66 Wq2-(3 2. County Attorney Office County Attorney Office 6 1 ala--...7 2 4. BCC Office Board of County Commissioners (-1�,()�j N g//y1/Z 3 4. Minutes and Records Clerk of Court's Office �n F ,� t3 �-�� i O.u1 5. Procurement Services ProcurementServices PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event. one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vanessa Miguel/Procurement Contact Information 239-252-8947 Contact/Department Agenda Date Item was August 8th, 2023 Agenda Item Number 16.B.1. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8118 Forestry number if document is Forestry Resources, Resources,LLC to be recorded LLC dba The dba The Mulch Mulch and Soil and Soil Company Company INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on August 8th,2023,and all changes made N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 16 & i FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 23-8118 for "Mulch and Installation Services" THIS AGREEMENT, made and entered into on this day of Pk vcJS.- 2023 by and between FORESTRY RESOURCES, LLC, d/b/a 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: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing upon the date of Board approval; or en and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ■❑ Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑■ Invitation to Bid (ITB) Other ( ).# 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. n The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CA() 1681 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 ■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3,3 1 j • • • n Other Exhibit/Attachment: 374❑ • • • 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): ❑ e is authorized. n at . these contracts include back up documentation of costs; invoices would include number documentation for the project. 1.1 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1 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 "lashes" 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 n : Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel Reimbursements shall be at the following rates: Mileage $0.44.5 per mild Bfeak€a-st $0700 L-Etheh $44 00 B+nRf $49700 Aiffare e l ac�r.ss-rf a,`e Rental car Actual rental cost limited to compact or Ledgiflg Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CA0 168I 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: FORESTRY RESOURCES, LLC,d/b/a THE MULCH AND SOIL COMPANY Address: 4353 Michigan Link Fort Myers, FL 33916 Authorized Agent: Mark West, Manager Attention Name & Title: Kristine Magee, Customer Service Manager Telephone: (239) 334-7343 / (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: 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©CollierCountyFL.Gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1681 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. 1111] Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 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. ■ 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 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO I6RJ B- ❑ liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. €. Cyber Liabilityj Coverage shall have-minimum limits of$ _ per claim. ❑ : Coverage shall have minimum limits of$ per claim. 6- ❑ :-Gevefage shall have minimum limits of$ per claim. H: -Gove age shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO I6R1 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 I RFP/ I■) ITB/ Othcr #23-8118 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and n Other Exhibit/Attachmcnt: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16Ei 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: PublicRecordRequest(colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16R1 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. ■ 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 Term Service Multi-Contractor Agreement 2022_Ver.3 CPO 1681 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. I■] 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. Ill 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 Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 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 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 CAO 1681 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. n this project shall be knowledg able in their areas of expertise. The County reserves the -ueemcd necessary to ensure that competent • personnel. • 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. III 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. n • precedence over the Agreement. To the • • • • 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 or l 7 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16R1 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. IN SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 0117 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO l6R1 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comptr 11er �-- By: By: — / Rick LoCastro , Chairman Dated: 5-icf (SEALPtttest as to Chairman's signature only Contractor's Witnesses: FORESTRY RESOURCES, LLC Contractor THE MULCH AND SOIL COMPANY DBA By: ,•,,o - Contractor's) irst Witness Signature • L►r 14-Ca 1nw1Li TType/print signature and titleT TType/print name Contractor's Second it ss KYis-bn.e Ma e TType/print witn � s name A roved asR For a Legality: Co my Attorney ---` Print Name Page 14 of 17 Fixed Term Service Multi•COntractor Agreement 2022_Ver.3 ' �} 5 A4 I6B1 Exhibit A Scope of Services n following this page (pages 1 through 6 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16R1 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 Primary/Secondary/Tertiary basis by Category as follows: 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 CATEGORY B: 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 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. Page 1 of 6 EXHIBIT A—Scope of Services CAO I68 Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" 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. 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. 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. 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. Page 2 of 6 EXHIBIT A—Scope of Services CAO 16R1 Invitation to Bid (ITB) #23-8118 "Mulch and Installation Services" 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. 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. 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 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 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. Page 3 of 6 EXHIBIT A—Scope of Services CAO 16g1 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 (MOT) OR Temporary Traffic Control(TTC), Intermediate Level Certification. 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 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.colliercountyfl.gov/government/growth-management/services/construction- andmaintenance-publ ic-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. Page 4 of 6 EXHIBIT A—Scope of Services CAO 16R1 Invitation to Bid (ITB) #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. 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. 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. 7.1 1.2. 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. Page 5 of 6 EXHIBIT A—Scope of Services 1681 Invitation 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 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. 7.12.8. 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. Page 6 of 6 EXHIBIT A—Scope of Services CAS! l6B1 Exhibit B Fee Schedule following this page (pages 1 through 1) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16B1 Invitation to Bid(ITB)#23-8118 "Mulch and Installation Services" Forestry Resources,LLC (SECONDARY 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 $ 2.80 2 Contractor Delivered,2 cubic foot bag Each $ 2.93 Forestry Resources,LLC (PRIMARY CONTRACTOR) Cate2ory 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 $ 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 6:00AM 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. Page 1 of 1 1 16R1 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_Ver3 CAO