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Backup Documents 09/26/2023 Item #16B 4 (Green Dream International LLC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded R Ee €stigy 2 6 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 C ) q/2P/Z3 2. County Attorney Office County Attorney Office 1/2-� 9�?-7/P-3 4. BCC Office Board of County L�n � Commissioners 1� /S r ' 4. Minutes and Records Clerk of Court's Office (/ g/00 ,,3 4;Om 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 Diaz/Procurement Contact Information 239-252-8947 Contact/Department Agenda Date Item was September 26, 2023 Agenda Item Number 16.B.4. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8134 Green Dream number if document is Green Dream International LLC to be recorded International 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 V M 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 September 26th,2023 and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for County 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. 16B4 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 23-8134 for Purchase and Delivery of Lime Rock (Double Crushed) THIS AGREEMENT, made and entered into on this au day of 9A-R.P 1Cr 2023 , by and between Green Dream International LLC authorized to do business in the State of Florida, whose business address is 32 W 8th St, Suite 607, Erie, PA 16501 , (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-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 ❑ to—r 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of -FP) • Invitation to Bid (ITB) Other - ( ) # 23-8134 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. III The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2022 Ver 3 CAO 16 B4 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 The e-- s b i d -t-odes-..this- g-era- J -h Other €x t/Atte&merit 4 a-# -eq #-fe - etatier e: the per�iedt of-eoffieletiehi-eetleetiewef-liquidetest damages in the event of late completion; and the Price Methodology selected in 4.1 . 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1 . Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stets., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): I L p ¢ P e A-- m -#+xe total-price-offering-for.a.p teet- tk e--fiehs-a-re tra€aeMarred- em-44e-Get ety-te-the-eeet star; , -rat# , -ram to the eatisfaetie ' -o}eet-r gager-t fe aa�et fe is-a efized n T-ir ae-a -Ma gr:es-•t - f-the a cc and-sttdeee#e ef--h m ,-and-for-materials-and-equipment-use �Jeet{cat-ef a-teial. ltt&4h eR r-a 0-logY4& p peeted- • these- e tdeaele •; ' de- of- her-Feimbursable • 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 16B4 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 auditof 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 v -aaad- r e -__�� t Travel—and die+e�+b�rr -adv w . vel expenses sha -lea . e-at N Mileage . . -pe Airfare Ac--tt+el--t sket-eas-t-I}ea• clas.7 fare Renti34-eaf Aat rm tea# cost limited—t paet—eF hides ate w+ • Par-king r-king Ta • • usine • # -fella " :• tee long Fps; It • tin 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16B4 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: Green Dream International LLC Address: 32 W 8th, Suite 607 Erie, PA 16501 Authorized Agent: Varand Vartanian Attention Name & Title: Telephone: (814) 840-1880 E-Mail(s): info©gdicompany.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, Florida 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone: (239) 252-5591 E-Mail(s): Melissa.Pearson©colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO E *=' 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11 . NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. 1.1 Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. I■I Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. II Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1 63B 4 Pr-efess-ienad4.4ab4it : Shall-be-ma- ata+necl-b-y4he Oe tract te-e'ega4 l+abfl+ ' --ems-�a€the—p a nee---e fe aeRal se vises- and e r 4h+s Agreement- Oerftr-aeterwam s-its ever gain minty-as-te-any-eta+ er th4s-instwanse. Such ins ra ee-s ald ave 4 tts-ef-nat---less-than--$ -eaeh Cyb ielal :Gea�era ha have-nlIn 4i 'ts of$ per claim I I fiver-age a+rn: :-Dever-age shel tie . Leverage lam 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 1 6 B 4 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), ICI Exhibit A Scope of Services, Exhibit B Fee Schedule, RAP/ n ITB/ • Of #23-8134 , including Exhibits, Attachments and Addenda/Addendum, subsequent getes -a~ I 19fher-E e : 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 16B4 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(acolliercountyfl.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 16B4 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 fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 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. ICI 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 16B4 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. .,A .A -.- A_ -Rt --t at dior , fed o�++thy e • • ent sicia acco fesiefaa e t+e lar- rvi e-wwarre • ionraeeeptaneed3aseage of title aR4 ay t- y Contrac ate-r+aloa -equ4 a rider caree is sliall--bbe , ' and - etlees--o-ft rs tee -ego- r fec sef vided for in the Contract Deeu-men4s "914;-a• �a r leITfe f ta,--Geatraetor-sh all--e-erfeet--iHaferlptly--after • sty--Geatfaetef-shalt-a-lso be- fflr-f e stilt • war-Fa ' 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 1 6 B 4 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 2022Ver.3 CAO 1634 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. KEY P€ -J€m-L:..T1e--Gentrc °s-pecsemaanag e tie.--u#+ff ed...fer this--p sluff--be-f newfe �-t f-exp a -ma d-eeeeseary--terms tre- aat- peten-t pe • he--Agreement Tie- entraet fd--a ae�a pe��eecesea ry e cafflpiet y-basis a a ash peree+ ass�gf�e be ava+lafle-to-wee --e ba#es The Geatr to 41- fiew+ eert-d s-afe t -•- -1-* Pepe d-- e 'a4y 4 e-same -e • s • wfa ' ad Ibbe: efffer ' 7- -d a- -: persenftet • 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. ORDER-OE Pp CE-DENC -(Grant-Fundea--1 a-fie eveat-ef�any...e tff+et-be e-er a ver- - -aaa the GaRtfaet-Geeumeats-a 44- -Get t o's-Bear pp-Feaed Exeeat+ve-- um acy-, he-ter 14-ake-pfeeedeaee--ever-4 e---term-ef a4+-ather--Ge4t et"B®ea 4App4en es itieft fff tale extea e-eat # .. by-4 eostfy 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 ICAO 16B4 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. If 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 16B4 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 o , 4ie Circuit COLLIER COUNTY, FLORIDA Court and Co. p otl- BY eh...--,A� ""'..l�a•._ . By: / ' M�� �Ai RICK LOCASTRO , Chairman Dated: /Air 0 .0,3 (SEAL ttest -`s to Chairman's signature only Contractor's Witnesses: Green Dream International LLC Contractor DBA ------IP:ifivna A i stNeacCtA. 13 vti- Viv<-___D By: Contractor's First Witness Signature Bushra Mubarak, Treasurer TTypelprint signature and titleT TTypefp ' witness nam Contractor's Second Witness • rSYc b u ry-{ TTypelprint witness na et A pr ved all Fo Legal ty: ,e4.1 N tint Attorney Print Name Page 14 of 17 Fixed"Fenn Service Multi-Contractor Agreement 2022_Ver.3 AO 1 6B 4 Exhibit A Scope of Services • following this page (pages 1 through 5 ) I I this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16B4 Invitation to Bid (ITB) #23-8134 "Purchase and Delivery of Lime Rock(Double Crushed) EXHIBIT A SCOPE OF SERVICES This Agreement is awarded on a Primary/Secondary/Tertiary basis, per area, as follows: 1. Naples Area: Quality Enterprises USA, Inc., as Primary Contractor; Green Dream International, LLC, as Secondary Contractor, and J&Y Group Enterprises LLC, as Tertiary Contractor. 2. East Naples/Marco Island Area: Quality Enterprises USA, Inc., as Primary Contractor; J&Y Group Enterprises LLC, as Secondary Contractor, and Green Dream International, LLC, as Tertiary Contractor. 3. Golden Gate Estates Area: Quality Enterprises USA, Inc., as Primary Contractor; J&Y Group Enterprises LLC, as Secondary Contractor, and Green Dream International, LLC, as Tertiary Contractor. 4. Eastern Collier County Area: J&Y Group Enterprises LLC, as Primary Contractor; Quality Enterprises USA, Inc., as Secondary Contractor, and Green Dream International, LLC, as Tertiary Contractor. 5. Immokalee Area: J&Y Group Enterprises LLC,as Primary Contractor; Green Dream International, LLC, as Secondary Contractor; and Grippo Pavement Maintenance, Inc., as Tertiary Contractor. BACKGROUND The Road Maintenance Division (may also be referred to as "Division" or "County") crews utilize limerock for repairing and maintaining roadways and shoulders. It is imperative that this aggregate is stocked and readily available, as it is an essential part of the maintenance operations. The Agreement is for the supply and delivery of Lime Rock Stabilized Base, 1-1/2" Sieve. DETAILED SCOPE OF WORK The Division Representatives will place orders on an as-needed basis with the Contractor's Account Representative to purchase and deliver the material to designated areas throughout the County. 1. SPECIFICATIONS: These specifications are intended to provide information, so Contractors understand the County's requirements related to FDOT certified aggregate. The material listed herein shall meet or exceed the Florida Department of Transportation(FDOT) Standard Specifications for Road and Bridge Construction, FY2023-24 or most current edition, link below: https://fdotwww.blob.core.windows.net/sitefinity/docs/defaultsource/program management/implemented/specbooks/fy- 2023-24/fy-2023-24-ebookfinalcompressed-signed-sealed.pdf?sfvrsn=45d746b9 4 1.1. Stabilized Base Materials, FDOT Section 911: Materials listed in this section must meet Limerock Bearing Ratio (LBR) 100. 1.2. Section 911-3.4 Gradation and Size Requirements: Materials shall meet the gradation and size requirements in Table 911-4 in accordance with FM 1-T27 and FM 1-T 11: At least 97%shall pass a 1-1/2 inch sieve(2) Page 1 of 4 Exhibit A—Scope of Services CA0 16B4 Invitation to Bid (ITB) #23-8134 "Purchase and Delivery of Lime Rock(Double Crushed) 1.3. Contractors shall continuously utilize producing pits/quarries with adequate inventories available throughout the agreement term. The Contractor shall immediately notify the County of any pit/quarry closures. If there are closures, Contactors are encouraged to contact other producing pits/quarries to negotiate prices to meet the County's needs. 2. ORDERS 2.1. Contractor Account Representative(s): The Contractor shall assign account representatives for order placements, order resolutions, billing, and other related account activities. Provide contact information upon agreement execution. 2.2. Ordering and Delivery: The County shall provide the Contractor with a purchase order (PO) before or at order placement. The product will be ordered on an "as needed" basis. 2.2.1. Division Representative shall email the Contractor and provide the fee line item, including the material name and description, order quantity, and delivery area. 2.2.2. The Contractor shall inform the Division Representative at order placement if the material is available and ready for delivery. 2.2.3. If the Primary Contractor is unable to fill orders, the Division may place an order with the Secondary Contractor;if the Secondary Contractor is unable to fulfill orders,staff will order materials from the Tertiary Contractor. The Contractor shall notify the ordering Division Representative(s)when materials are back in stock. 2.2.4. If the material is unavailable from all awarded Contractors,the County reserves the right to request informal quotes off agreement or utilize another agreement to purchase the material . 3. DELIVERY: The delivery area map (Attachment I) has five (5) delivery areas throughout the County: 1. Naples, 2. East Naples & Marco, 3. Golden Gate Estates, 4. East Collier, and 5. Immokalee. The Division Representative will designate the delivery area at order placement. 3.1. Road Maintenance Division (RMD) Storage Areas: The Division has two (2) facilities located in Naples and Immokalee, where materials are delivered and stored. • 4800 Davis Blvd,Naples, FL 34104 • 425 Sgt. Joe Jones Road, Immokalee, FL 34142 3.1.1. RMD Delivery Days/Hours: Monday through Friday from 8:00 a.m. to 3:30 p.m. EST. There are no deliveries after 3:30 p.m. EST,or on the 11 County observed holidays when 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. 3.2. Deliveries Countywide: Divisions throughout the County may request deliveries at County-owned facilities or project locations. 3.2.1. Deliveries throughout the County may occur Monday through Saturday from 7:00 a.m.—5:00 p.m. EST. Divisions will coordinate with the Contractor. 3.3. Delivery Arrangements: The Contractor Account Representative will contact the Division Representative that placed the order within 24 hours to coordinate the delivery. 3.4. Delivery Guarantee: The Contractor guarantees delivery of materials within forty-eight (48) hours from order placement. Page 2 of 4 Exhibit A— Scope of Services CA® 16B4 Invitation to Bid (ITB) #23-8134 "Purchase and Delivery of Lime Rock (Double Crushed) 3.5. Delivery Acceptance: The Division Representative has the final authority for the quality and acceptability of any materials. Any materials delivered that are found to be defective or order errors(on behalf of the Contractor) shall be returned by the Contractor immediately, at no cost to the County. 3.6. Delivery Tickets: Each delivery must have a receipt with the following information: Purchase Order(PO)number, Division name,delivery date, fee line item number/material description/and delivery area, quantity delivered (per ton or cubic yard), unit cost, and extended price. 3.7. Deliveries shall be "Free on Board" (FOB) Destination. 4. FEE SCHEDULE/PRICES: The fee schedule unit price is for one(1)ton delivered, and the minimum order quantity is approximately 20 tons delivered. Unit Prices are all-inclusive of the Contractor supplying the material and trucking services to deliver. 5. PRICE MODIFICATIONS: Price increase requests may be submitted annually (365 days from the agreement anniversary date). 5.1. Submit price increase requests in writing by email to the County's Contract Administration Specialist no less than 30 days before the annual contract anniversary date for consideration. (See Contract Administration Specialist name, email, and phone number noted on Section 6. of the Agreement) 5.2. Price increase requests review may take over 60 days to complete. 5.3. Retroactive price adjustments are not authorized. 5.4. 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. 5.5. The Contract Administration Specialist 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. 5.6. The Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. 5.7. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance,as amended.The bid tabulation shall be modified with the price increases,or an amendment processed, as required, and uploaded into the County's Finance system. 5.8. 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. 6. GENERAL INFORMATION 6.1. Personnel: The Contractor shall provide the Division with personnel and assign a Project Manager, Supervisor, and Crew Leader. 6.1.1. Contact information must be provided to Division at the agreement kick-off meeting. It must include emails, business, and cell phone numbers. 6.1.2. Contact employees must be English speaking and effectively communicate with Division staff. 6.1.3. Personnel absence,the Contractor shall immediately notify Division with substitution personnel providing their names and contact information via email. 6.1.4. The Division reserves the right to remove personnel from the agreement that fails to communicate with staff effectively. 6.2. Meetings: Either party may request meetings throughout the agreement term, and it may require mandatory attendance. There are no additional costs to the County for these meetings. Page 3 of 4 Exhibit A— Scope of Services CAO 16B4 Invitation to Bid (ITB) #23-8134 "Purchase and Delivery of Lime Rock (Double Crushed) 6.3. Compensation: Invoice submission for payment approval must be accurate and complete with details of services performed or commodities purchased. 6.3.1. Purchased Invoices shall be reviewed for approval for line items or services completed that is satisfactory by the Division. 6.3.2. Invoices will be rejected for inaccurate information and insufficient backup documentation. 6.3.3. Invoices must include, at a minimum: Division Name, Agreement Number, Purchase Order Number, Materials(line item numbers and descriptions). Page 4 of 4 Exhibit A— Scope of Services CAO 1 6 B 4 CI) u.1 iim . 44 ....1 At <C „... ‘,. w III ...... ce :I '‹ E ad fl f., Ct 0 >"O Itt 1.- FZ , (i) D 0 Ct g Q UJ 4:( , 040 sv.06 Et 1 < IX w Luftt Aig $ rimila qt (2) W Od 2 al' _I Lr 1,11 ro0 U ad atin/44j ,-.4 Z 0 ' 4 NS co ez Z Z ...... I" .3412bi w Lu 06 et()q I— e...) - T 5 z seibt,0444: -- Or&040/Arieliiiiii 0., ' ' 7 .t 4 a j'41011S , 4s ..tAc H. N 6‘ ' itam!ja E—, iej 91 112,P ,‘61,- .itiow 06 - 1tete', . 40, il Lti ittitl. ,, , , , co cx Atevai CO ..., pi CA/ 036? 0 0 , 4 tx : R 4 < 01 ' SIP ,NYA,7 F"." z ,A1840(1 .. 4:( a = IA 0 f3444rt Li ce ttt .4"6lw UJ z,,00,...„, s , ..11 r44 3/41' :11 _A _.1 0.., 0 U z CAO 16B4 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 16B4 Invitation to Bid (ITB) #23-8134 "Purchase and Delivery of Lime Rock (Double Crushed) EXHIBIT B- FEE SCHEDULE Contractor: GREEN DREAM INTERNATIONAL LLC Contractor Item Description Area Location Unit Unit Price* Position Limerock Stabilized Base, 1-1/2" Sieve Secondary Stabilized Base FDOT Section 911 Naples 1 Ton $35.15 Limerock Stabilized Base, 1-1/2" Sieve East Naples Marco 1 Ton $43.40 Tertiary Stabilized Base FDOT Section 911 Island Limerock Stabilized Base, 1-1/2" Sieve Golden Gate Tertiary Ton $37.35 Stabilized Base FDOT Section 911 Estates Limerock Stabilized Base, 1-1/2" Sieve Eastern Collier Tertiary Stabilized Base FDOT Section 911 County 1 Ton $48.35 Limerock Stabilized Base, 1-1/2" Sieve Secondary Stabilized Base FDOT Section 911 lmmokalee 1 Ton $34.87 *Prices shall remain firm for the first year of the Agreement Page 1 of 1 Exhibit B—Fee Schedule CAO 1 6 B 4 Other Exhibit/Attachment Description: 7 following this page (pages through ) ■ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver 3 CAO