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Agenda 03/26/2024 Item #16B 3 (Exotic and Nuisance Vegetation Removal)16.B.3 03/26/2024 EXECUTIVE SUMMARY Recommendation to award Invitation for Qualifications (IFQ) No. 23-8135 "Exotic and Nuisance Vegetation Removal' to EarthBalance Corporation, Earth Tech Environmental Services, LLC., Sandhill Environmental Services, LLC., A+ Environmental Restoration, LLC., Woods and Wetlands, Inc., Peninsula Improvement Corporation dba Collier Environmental Services, Environmental Restoration Consultants, Inc., DeAngelo Contracting Services, LLC., and authorize the Chairman to sign the attached Agreements. OBJECTIVE: To award contracts for countywide services that may include, but are not limited to, professional assistance, mangrove trimming, vegetation removal and maintenance in wetlands, preserves, storm drain conveyance, drainage easements, County owned or maintained properties, and trails on an as -needed basis. CONSIDERATIONS: On June 9, 2023, the Procurement Services Division released IFQ No. 23 -813 5 "Exotic and Nuisance Vegetation Removal". The County received ten (10) proposals by the July 12, 2023, deadline. The selection committee met on October 11, 2023, to score and rank each proposal objectively using weighted criteria. Proposers City County Final Ranking Responsive/Responsible EarthBalance Corporation North Port Sarasota 1 Yes / Yes Earth Tech Environmental, LLC. Bonita Springs Lee 2 Yes / Yes Sandhill Environmental Services, LLC. Arcadia Desoto 3 Yes / Yes A+ Environmental Restoration, LLC. Arcadia Desoto 4 Yes / Yes Woods and Wetlands, Inc. Fort Myers Lee 5 Yes / Yes Peninsula Improvement Corporation dba Collier Environmental Services Naples Collier 6 Yes / Yes Environmental Restoration Consultants, Inc. Bonita Springs Lee 7 Yes / Yes DeAngelo Contracting Services, LLC. Fort Myers Lee 8 Yes / Yes Treecycle Land Clearing, Inc. Lake Worth Palm Beach 9 Yes / Yes Superior Landscaping & Lawn Service Inc. Fort Myers Lee 10 Yes / Yes Staff reviewed the proposals received and deemed them all responsive and responsible. The top eight contractors are being recommended for award: EarthBalance Corporation, Earth Tech Environmental Services, LLC., Sandhill Environmental Services, LLC., A+ Environmental Restoration, LLC, Woods and Wetlands, Inc., Peninsula Improvement Corporation dba Collier Environmental Services, Environmental Restoration Consultants, Inc., and DeAngelo Contracting Services, LLC. EarthBalance Corporation, incorporated in the State of Florida in 1985 and is a current vendor with the County; Earth Tech Environmental, incorporated in the State of Florida in 2006 and is a current vendor with the County; Sandhill Environmental Services, LLC., incorporated in the State of Florida in 2006, and is a new vendor for the County; A+ Environmental Restoration, LLC. incorporated in the State of Florida in 2014 and is a current vendor with the County; Woods and Wetlands, Inc., incorporated in the State of Florida in 2010 and is a new vendor for the County; Peninsula Improvement Corporation dba Collier Environmental Services incorporated in the State of Florida in 1981, and is a current vendor with the County; Environmental Restoration Consultants, Inc., incorporated in the State of Florida in 1999, and is a current vendor with the County; and DeAngelo Contracting Services, LLC, formerly known as DeAngelo Brothers LLC, incorporated in the State of Florida in 2021, and is a current vendor with the County. Packet Pg. 876 16.B.3 03/26/2024 GROWTH MANAGEMENT IMPACT: This item is consistent with the Transportation Element of the Growth Management Plan. FISCAL IMPACT: Funds are budgeted annually for these services within the Stormwater Utility Fund (1005). Other County Manager Divisions utilizing this contract will provide funding from their respective budgets. The estimated expenditures for Collier County Departments is $4,865,000. These expenditures are not indicative of future purchases, and they may increase or decrease in the coming fiscal years. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: To award Invitation for Qualifications (IFQ) No. 23-8135 "Exotic and Nuisance Vegetation Removal" to EarthBalance Corporation, Earth Tech Environmental Services, LLC., Sandhill Environmental Services, LLC., A+ Environmental Restoration, LLC., Woods and Wetlands, Inc., Peninsula Improvement Corporation dba Collier Environmental Services, Environmental Restoration Consultants, Inc., DeAngelo Contracting Services, LLC., and authorize the Chairman to sign the attached agreements. Prepared by: Melissa Pearson, Contract Administration Specialist, Operations Support Division. ATTACHMENT(S) 1.23-8135 Solicitation (PDF) 2.23-8135 Final Ranking (PDF) 3.23-8135 NORA signed (PDF) 4. [Linked]A Environmental Restoration Proposal (PDF) 5. [Linked]DeAngelo Contracting Services Proposal (PDF) 6. [Linked]EarthBalance Corporation Proposal (PDF) 7. [Linked]Earth Tech Environmental Proposal (PDF) 8. [Linked]Environmental Restoration Consultants Inc.Proposal (PDF) 9. [Linked]Peninsula Improvement Corporation Proposal (PDF) 10. [Linked] Sandhill Environmental ServicesLLC Proposal (PDF) 11. [Linked]Woods and Wetlands Inc. Proposal (PDF) 12. [Linked]23-8135_m Contract Vendor Signed A+Environental (PDF) 13. [Linked]23-8135 Contract VendorSigned_DeAngelo Contracting (PDF) 14. [Linked]23-8135 Contract VendorSigned_EarthBalance (PDF) 15. [Linked]23-8135 Contract VendorSigned_Earth Tech (PDF) 16. [Linked]23-8135 Contract Vendor Signed Environmental Restoration (PDF) 17. [Linked]23-8135 Contract Vendor Signed Peninsula Improvement Corporation (PDF) 18. [Linked]23-8135 Contract Vendor Signed Sandhill Environmental Services (PDF) 19. [Linked]23-8135 Contract Vendor Signed _Woods and Wetlands (PDF) 20. 23-8135 COI LA+Enviromental (PDF) 21. 23-8135 COI _DeAngelo (PDF) 22. 23-8135 COI _Earth Balance (PDF) 23. 23-8135 COI_Earth Tech (PDF) 24. 23-8135 COI_ Environmental Restoration (PDF) 25. 23-8135 COI _Peninsula Improvement Corporation (PDF) 26. 23-8135 COI_Sandhill Environmental (PDF) Packet Pg. 877 16.B.3 03/26/2024 27. 23-8135 COI_ Woods and Wetlands, Inc (PDF) Packet Pg. 878 16.B.3 03/26/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.3 Doc ID: 27929 Item Summary: Recommendation to award Invitation for Qualifications (IFQ) No. 23-8135 "Exotic Vegetation and Nuisance Vegetation Removal' to EarthBalance Corporation, Earth Tech Environmental Services, LLC., Sandhill Environmental Services, LLC., A+ Environmental Restoration, LLC., Woods and Wetlands, Inc., Peninsula Improvement Corporation dba Collier Environmental Services, Environmental Restoration Consultants, Inc., DeAngelo Contracting Services, LLC., and authorize the Chairman to sign the attached Agreements. Meeting Date: 03/26/2024 Prepared by: Title: Contract Administration Specialist — Road Maintenance Name: Melissa Pearson 02/21/2024 7:36 AM Submitted by: Title: Transportation Management Services Superintendent — Road Maintenance Name: Marshal Miller 02/21/2024 7:36 AM Approved By: Review: Transportation Management Services Department Jeanne Marcella Department Road Maintenance Marshal Miller TMSD Reviewer Transportation Management Operations Support Tara Castillo Emergency Management Caroline Blevins TMSD Reviewer Transportation Management Operations Support Brandy Otero Road Maintenance Ellen Sheffey TMSD Reviewer Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Transportation Management Operations Support Michelle DAndrea Capital Project Planning, Impact Fees, and Program Management Leeann Charles Transportation Management Services Department Trinity Scott Procurement Services Grants Office of Management and Budget County Attorney's Office Grants Sandra Srnka Procurement Director Review Joanna Partyniewicz Level 2 Grants Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Therese Stanley OMB Reviewer Transportation Management Services Completed 02/21/2024 2:34 PM Completed 02/28/2024 1:23 PM TMSD Reviewer Completed 02/29/2024 12:24 PM Completed 02/29/2024 12:35 PM TMSD Reviewer Completed 02/29/2024 1:36 PM Completed 02/29/2024 3:53 PM Completed 03/04/2024 10:27 AM TMSD Reviewer Completed 03/05/2024 8:24 AM Other Reviewer Completed 03/06/2024 9:25 AM Transportation Completed 03/06/2024 9:28 AM Completed 03/06/2024 3:19 PM Completed 03/11/2024 3:19 PM Completed 03/11/2024 3:28 PM Completed 03/13/2024 9:15 AM Completed 03/14/2024 9:51 AM Packet Pg. 879 16.B.3 03/26/2024 Office of Management and Budget County Manager's Office Board of County Commissioners Agnieszka Chudy OMB Reviewer Ed Finn Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 03/15/2024 1:25 PM Completed 03/18/2024 4:52 PM 03/26/2024 9:00 AM Packet Pg. 880 16.B.3.a Coder Count y Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION FOR QUALIFICATION (IFQ) FOR EXOTIC AND NUISANCE VEGETATION REMOVAL SOLICITATION NO.: 23-8135 LEEANN CHARLES, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-4270 Leeann.Charleskcolliercountyfl.,u�ov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 881 16.B.3.a SOLICITATION PUBLIC NOTICE INVITATION FOR QUALIFICATION (IFQ) NUMBER: 23-8135 PROJECT TITLE: Exotic and Nuisance Vegetation Removal PRE -PROPOSAL CONFERENCE: N/A IFQ OPENING DAY/DATE/TIME: Wednesday, July 12, 2023 at 3:00 PM EST PLACE OF IFQ OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: httDs://www.bidsvnc.com/bidsvnc-cas/ INTRODUCTION As requested by the Parks and Recreation Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation for Qualification (hereinafter, "IFQ") with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions, and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent more than $5,000,000 over the past four (4) years on the existing contract; however, this may not be indicative of future buying patterns. BACKGROUND Collier County owns many parcels of land that require exotic vegetation removal and maintenance directed by County Ordinance or by Federal/State agreements. Service requests for the removal and maintenance of vegetation may require a large amount of labor, specialized knowledge of Southwest Florida plants, and pesticide application certification and training. The Parks and Recreation Division is seeking to establish a pre -qualified pool of vendors to be used to solicit quotes for exotic and nuisance vegetation control services throughout the County. F TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. DETAILED SCOPE OF WORK The intent of this solicitation is to identify vendors that can provide exotic, nuisance, and other vegetation control services for departments Countywide, on an "as -needed basis." Management of non-native invasive plants, nuisance, and other vegetation includes mechanical, chemical, and physical methods or a combination of them. The work areas may be in the right-of-way, easements, county -owned or operated facilities, residential neighborhoods, preserves, County owned parks or remote and isolated locations. Contractors performing the work shall follow invasive plant laws as described in the link, https://www.fdacs.gov/Forest- Wildfire/Our-Forests/Forest-Health/Invasive-Non-Native-Plants/Invasive-Non-native-Plant-Laws, and the Florida Invasive Species Council [FISC], current list of Florida Exotic Pest Plant Council [FLEPPC], Category I and II invasive plant species link, hit2s:Hfloridainvasivespecies.org/plantlist2Ol9.cfin when applicable. c 0 M .2 0 0 Ln M M N r C m E z M Q Packet Pg. 882 16.B.3.a 1. Service Requests Contractors shall have the ability, workforce, and equipment to perform the work. Requests may consist of but are not all- inclusive of the following: 1.1. Professional assistance services to provide the most effective methodology to remove and maintain vegetation. 1.2. Removal and/or maintenance of wetlands or cypress preserve vegetation. 1.3. Removal and/or maintenance of storm drains conveyance vegetation (canals, ditches, lakes, etc.). 1.4. Removal and/or maintenance of drainage easement vegetation. 1.5. Removal and/or maintenance of vegetation in County owned or managed properties (preserves, parks, and facilities) 1.6. Clear trails in conjunction with exotic plant removal projects. 1.7. Chemical treatments of aquatic emergent, floating, or submersed exotic vegetation. 1.8. Ditch bank/shoreline vegetation extending rhizomes into the water body. 1.9. Professional mangrove trimming. 2. Distribution of Work County Project Manager will request a lump sum quote for each project under the following criteria: 2.1. Projects with a value up to $200,000: 2.1.1. A Summary of Work and Request for Quotation will be sent to all the selected Contractors. Completion time may be specified in the Request for Quotation. 2.1.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of seven (7) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.1.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 2.2. Projects with a value over $200,000 up to $500,000: 2.2.1. A Summary of Work and Request for Quotation will be sent to all the selected Contractors. Completion time may be specified in the Request for Quotation. 2.2.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of fourteen (14) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.2.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 2.2.4. Projects over $200,000 shall have a payment and performance bond and shall be provided prior to issuance of a Purchase Order. The payment and performance bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County. Completion time may be specified in the Request for Quotation. The County reserves the right to waive any or all these requirements and to separately solicit any job if in the best interest of the County. Projects exceeding the $500,000 threshold will be formally solicited. 3. Work Commencement The project shall commence upon issuance of a Purchase Order. The Contractor agrees that any Purchase Order that extends beyond the expiration date of the resultant contract will survive and remain subject to the terms and conditions of the resultant contract until the completion or termination of work. 4. Work Hours Monday through Friday from 7:00 a.m. to 5:00 p.m. Contractor may request approval from County staff to work outside the stated hours and workdays. There is no additional compensation for working on weekends, holidays, or beyond the stated hours. 5. Work Schedules The County Project Manager may request work schedules prior to the commencement of services and updates if there are changes in the workdays. c 0 M .2 0 m M M N r c m E z c� Q Packet Pg. 883 16.B.3.a 6. Project Specifications County staff will develop a scope of work and specifications to meet the project needs. Listed below are examples of project specifications that may be incorporated in a County Project Manager's or staff s quote requests. The examples provided are not an all-inclusive list of what may be requested. 6.1. Document pre -project and post -project site conditions and adjacent properties with photographic, video, or other means. 6.2. Global Positioning Sensor (GPS) tracks identifying work completed in the project areas. County staff may request the Contractor to submit GPS file tracks. 6.3. Pursuant to South Florida Water Management District Melaleuca guidelines, felled trees may be neatly stacked with the approval of the County Project Manager (approval will be determined in advance). 6.4. Ruts made in the soil must be removed by the vendor. 6.5. The removal of debris, trash, vegetation, hauling away, and disposal at a legal disposal site shall be included in the lump sum price. No debris or vegetation disposal in waterways. 6.6. Installation of turbidity barriers. 6.7. The Contractor may be requested to coordinate work with other Contractors. 6.8. Perform exotic vegetation treatment operations within the right-of-way and/or easements. Any equipment left in the right- of-way overnight shall be parked outside of the clear zone and as close as possible to the right-of-way line. No equipment shall be parked in the median regardless of the width of the median. 6.9. Chemical treatment applications shall be conducted to protect non -target organisms, crops, the environment, and the public. 6.9.1. Locate and treat 100% of the Florida Exotic Pest Plant Council (FLEPPC) invasive plants listed within the designated work area acres, with a minimum of 95% of target plants being killed. FLEPPC link below: https://www.flrules.org/_atg ewgy/RuleNo.asp?title=INTRODUCTION%20OR%2ORELEASE%20OF%20PLANT %20PESTS,%20NOXIOUS%20WEEDS,%20ARTHROPOD S,%20AND%20BIOLOGICAL%2000NTROL%20 AGENTS&ID=5B-57.007. 6.9.2. Application methods may include foliar spray, spot treatments, frill, and girdle, cut stump treatments, basal bark, poodle cutting, and broadcast (liquid and granular). 6.9.3. Seedlings of some species in mixed plant communities may be hand -pulled to minimize the impact of herbicide on non -target vegetation. 6.9.4. Herbicide applications shall be carried out consistent with Environmental Protection Agency (EPA) and comply with all pertinent regulations set forth by the Florida Department of Agriculture and Consumer Services (FDACS). 6.9.5. Wind speeds at or exceeding ten (10) miles per hour (mph). The wind speed regulation may apply due to label restrictions or Florida's 5E-2.033 Organo-Auxin Herbicides: Restrictions and Prohibitions rule, link below: h!Ws://www.flrules.oriz/gatewgy/RuIeNo.aV?id=5E-2.033. 6.9.6. Monitor dissolved oxygen (DO) when required by label and follow all label instructions related to DO. Do not apply herbicides if DO is below three parts per million (3 PPM) or authorized by the herbicide label. 6.9.7. The Contractor is liable for any penalty, fines, or damages resulting from the misuse of herbicides. 6.9.8. Retreatments will be conducted by the Contractor due to unsatisfactory work performance. Any nuisance or exotic vegetation still flourishing following post -treatment will require retreatments, at no cost to the County. 7. Pesticide Application Records r_ 0 Maintain records relating to the application of pesticides and restricted -use pesticides, link: M https://www.flrules.org/gatewgy/RuIeNo.asp?ID=5E-9.032. The Contractor shall provide the records at the request of the .2 County. y Ln 8. Equipment M Staging equipment and vehicles will need advanced approval by the County Project Manager. The work requests may require M equipment that is in good working condition. Types of equipment for services needed but not limited to the following: N r c 8.1.1. Small equipment: chainsaws, machetes, string trimmers, and brush trimmers. m 8.1.2. Heavy equipment: cranes, bucket trucks, ditch witch, excavator, mulching head, etc. 8.1.3. Watercraft /Airboat. ca 8.1.4. Backpack sprayers for applying herbicides. Q 8.1.5. Heavy-duty composite protection mats, such as Dura-Base mats, for accessing environmentally sensitive locations with minimal surface and soil disturbance. Contractor must ensure that all equipment (i.e., owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference prior to entering the project site to commence work. County staff reserves the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. Packet Pg. 884 16.B.3.a 9. Inspections Onsite inspections may occur to monitor work progress and when the work is completed. Contractor shall e-mail the County Project Manager when the work is completed. The Contractor shall cure any deficient work as requested by the County and within the timeline provided. 10. Clean Up Each workday removal of vegetation debris, trash, and load, haul, and dispose of it at a legal disposal site in accordance with applicable local and state laws. 10.1. Stockpiling is not permitted in the right-of-way. 10.2. The Contractor may be required to return to the worksite to clean up, remove, and haul away for disposal. 11. Damages The Contractor shall exercise care and protect all native vegetation at the project site. The Contractor is responsible for restoring or replacing all damaged native vegetation to the satisfaction of the County Project Manager, at no cost to the County where the Contractor's control operations occurred. 12. Overhead Utility Protection The Contractor shall protect all utilities from damage and shall immediately contact the appropriate utility if damage should occur. The Contractor shall be responsible for all claims for damage due to their operations. The Contractor shall arrange with the utility for the removal of necessary limbs and branches, which may conflict with, or create a personal injury hazard in, conducting the operations under this agreement. 13. Utilities The Contractor shall be responsible for exercising precautions while working near utilities; therefore, before digging, the Contractor must call Sunshine 811 at 811 or 800-432-4770, Monday — Friday from 7:00 a.m. — 5:00 p.m. Sunshine 811 requires two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 14. Temporary Traffic Control (TTC) If applicable to the work being requested in the quote. The Contractor is responsible for providing a plan to set 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. The Contractor is responsible for maintaining TTC while performing services in the right- of-way and roadways. 14.1. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform i` Traffic Control Devices (MUTCD). r_ 14.2. Subcontracting TTC is authorized. o 14.3. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's m Certified TTC employee to meet County staff within twenty (20) minutes of the initial contact to address work zone safety .2 issues. y 14.4. TTC setup that does not comply will have operations ceased until TTC is corrected per the FDOT standards and MUTCD. Ln M 15. Road Alert- Mandatory Requirement O0 Cl) N 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.colliercouniyfl. gov/government/transportation-management-services/services/construction-and-maintenance- public-information/road-alerts . ca Q 16. 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. The following standards shall be maintained: 16.1. 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. 16.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles, where necessary, required by law or the BCC. Packet Pg. 885 16.B.3.a 16.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 16.4. Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. INVITATION FOR QUALIFICATION (IFO) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Grading Criteria for Development of Shortlist, which will be the basis for short -listing firms The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank the firms and recommend multiple firms to establish a library for services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after grading and before the final ranking. A contract will be developed with the selected firms, based on their qualifications and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Invitation for Qualification selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the qualifications, discussion, and clarifying questions, and recommend multiple firms in a library for quoting services. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST• 1.6 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY' S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 2. Experience and Capacity of Firm 3. Specialized Expertise of Team Members 5 Points 50 Points 45 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the IFQ submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this IFQ. EVALUATION CRITERIA NO. 2: EXPERIENCE AND CAPACITY OF THE FIRM (50 Total Points Available) ■ Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. ■ Submit a table showing the firm's owned or leased equipment. Provide the type of equipment (i.e., Ford F250, Airboat, Fecon Head, Excavator, Jon Boat, etc.), equipment year, make, model, and an "X" in the appropriate box if the equipment is "Owned" or "Leased" by the firm. c 0 M r .2 0 rn Ln M 00 A N r c am E z c� Q Packet Pg. 886 16.B.3.a Firm Name: Equipment List Equipment Type Year Make Model Owned Leasi The County requests no fewer than five (5) and no more than ten (10) completed reference forms from clients (during the last 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Contractor that best represent projects of similar size, scope and complexity of this project using Form 5 provided. Contractors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. Submit a table providing the firm's proven experience by submitting five (5) exotic vegetation projects in natural areas that were completed within the last five (5) years that include chemical, mechanical removals, physical/hand removals, or a combination of methods in table format below. ■ Project Description: shall include the project location, exotic species, density, acreages, treatment methods, and any other information describing the project, and any subcontractors utilized. A brief description of whether the project met or exceeded the project schedule. ■ Client Name: shall include the firm/government entity/organization name, point of contact name and title, contact email, and contact telephone number. ■ Start Date: Provide the start date (month, day, year). ■ Original End Date: Provide the date the project was originally ending (month, day, year). ■ Final Project Date: Provide the final date the project ended and a brief description of why the project end date was revised. ■ Original Project Amount: Provide the original project amount. ■ Final Project Amount: Provide the final project amount. If the amount differs from the original project amount, provide a brief explanation of why the amount changed. ■ Number of Change Orders: Provide the number of change orders processed for the project. Provide five (5) examples of exotic vegetation projects in natural areas that demonstrate five (5) years of experience. Original Final Original Final Numb Start Project Description Client Name End End Project Project Date Date Date Amount Amount Chanl Order 2022 $ $ 2021 $ $ 2020 $ $ 2019 $ $ 2018 $ $ EVALUATION CRITERIA NO.3: SPECIALIZED EXPERTISE OF TEAM MEMBERS (45 Total Points Available) Submit the firm's organizational chart. Submit employee resumes that will be working under this agreement for the removal and maintenance of exotic, nuisance, and other vegetation which include the following: ■ Provide the number of years of experience in natural area exotic management, removal, education and training, and certifications, as it applies to each employee. ■ Development of removal plans (professional staff such as arborists, biologists, and estimators). c 0 M .2 0 W m M oo M N C d E z c� Q Coordination and oversight of removals (project managers and crew supervisors), coordination and management of services, and the delivery of specific services. Packet Pg. 887 16.B.3.a ■ Application of Restricted Use Pesticides in Florida (project leaders and crew supervisors). o Submit the "Florida Department of Agriculture Consumer Services (FDACS) Certified Commercial Pesticide Applicator License per Chapter 487 F.S., Categorytynes are Aquatic and/or Natural Areas Weed Management" from those employee(s) that will work under this agreement. o Submit a table showing the types of licenses and certifications held by the firm or its employees (examples: ISA Certified Arborist, FDOT Temporary Traffic Control Certification or Maintenance of Traffic, Intermediate Level Certification, etc.; Florida Best Management Practices, etc). Firm Name: Firm and Employees Licenses & Certifications License Tyne I Issued to Firm or Employee I License Number VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** Packet Pg. 888 Corr county Procurement Services Division IFQ #: 23-8135 Title: Exotic and Nuisance Vegetation Removal Selection Committee Final Ranking Name of Firm Lisa Jacob Melissa Hennig Pawel Brzeski Robert Kaine Total Scores Final Ranking EarthBalance Corporation 100 100 97 86 383.00 1 Earth Tech Environmental LLC 100 100 91 92 383.00 2 Sandhill Environmental Services, LLC 100 95 96 84 375.00 3 A+ Environmental Restoration, LLC 100 100 89 82 371.00 4 Woods and Wetlands, Inc. 95 95 93 82 365.00 5 Peninsula Improvement Corporation dba Collier Environmental Services 100 95 92 74 361.00 6 Environmental Restoration Consultants, Inc. 100 100 88 71 359.00 7 DeAngelo Contracting Services, LLC 72 741 701 77 293.00 8 Treecycle Land Clearing, Inc. 75 491 62 81 267.00 9 Superior Landscaping & Lawn Service, Inc. 69 381 521 4 163.00 10 Procurement Professional .C'eeaam C'&a4" 1 U/19/2U23 a Page 1 of 1 Packet Pg. 889 DocuSign Envelope ID: ADADC7CE-16C2-4A86-B31 E-9B6828AD1 DFE 16.B.3.c Col er County Procurement Services Division Notice of Recommended Award Solicitation: 23-8135 Title: Exotic and Nuisance Vegetation Removal Due Date and Time: July 12,2023 at 3:00 PM EST. Respondents: Company Name City County State Final Responsive/Responsible Ranking EarthBalance Corporation North Port Sarasota FL 1 Yes/Yes Earth Tech Environmental, LLC Bonita Lee FL 2 Yes/Yes Springs Sandhill Environmental Arcadia Desoto FL 3 Yes/Yes Services, LLC A+ Environmental Arcadia Desoto FL 4 Yes/Yes Restoration, LLC Woods and Wetlands, Inc. North Fort Lee FL 5 Yes/Yes Myers Peninsula Improvement Naples Collier FL 6 Yes/Yes Corporation dba Collier Environmental Services Environmental Restoration Bonita Lee FL 7 Yes/Yes Consultants, Inc. Springs DeAngelo Contracting Fort Myers Lee FL 8 Yes/Yes Services, LLC Treecycle Land Clearing, Inc. Lake Palm FL 9 Yes/Yes Worth Beach Superior Landscaping & Lawn Fort Myers Lee FL 10 Yes/Yes Service Inc. Utilized Local Vendor Preference: Yes 0 No - Packet Pg. 890 DocuSign Envelope ID: ADADC7CE-16C2-4A86-B31 E-9B6828AD1 DFE 16.B.3.c Recommended Vendors) For Award: On June 9, 2023, the Procurement Services Division issued Invitation for Qualifications (IFQ) No. 23-8135, Exotic and Nuisance Vegetation Removal, to eighteen thousand, two hundred and sixty (18,260) vendors, fifty- two (52) vendors viewed the Solicitation, and ten (10) Proposals were received by the July 12, 2023, deadline. All ten (10) proposers were found to be responsive and responsible. The Selection Committee convened on October 11, 2023, the Committee scored each of the proposals and the proposers were ranked as listed above. The top eight (8) contractors are being recommended for award: EarthBalance Corporation ranked as 1 Earth Tech Environmental, LLC ranked as 2 Sandhill Environmental Services, LLC ranked as 3 A+ Environmental Restoration, LLC ranked as 4 Woods and Wetlands, Inc. ranked as 5 Peninsula Improvement Corporation dba Collier Environmental Services ranked as 6 Environmental Restoration Consultants, Inc. ranked as 7 DeAngelo Contracting Services, LLC ranked as 8 The final ranking resulted in a tie between EarthBalance Corporation and Earth Tech Environmental, LLC. Pursuant to the solicitation documents and the Collier County Procurement Manual, the order of ranking was determined based upon the proposer with the lower volume of work previously awarded in the twenty-four months prior to the IFQ submittal deadline. Contract Driven = Purchase Order Driven 0 Required Signatures Project Manager: °°` 10 25 2023 Procurement Strategist: 10/26/2023 Procurement Services Director: sl+ H Sandra Herrera 10/29/2023 Date Packet Pg. 891 I 16.113.3.t I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE IN 1/25/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MMA -Bouchard Certificate Team Marsh & McLennan (CLW) PHONE Fax 101 N Starcrest Dr AIC No Ext : 727-447-6481 A/C No): 727-449-1267 Clearwater FL 33765 ADDRESS: CertsTeam@MarshMMA.COm INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Zurich American Insurance Company 16535 INSURED ENVIRREST01 INSURER B : Brld efield Employers Insurance Co. 10701 A+ Environmental Restoration LLC 4346 SW Hull Ave. INSURERC: Admiral Insurance Company 24856 Arcadia FL 34269 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1400809348 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GL0746614904 5/19/2023 5/19/2024 EACH OCCURRENCE $2,000,000 CLAIMS -MADE � OCCUR TED PREMISES (Ea oDAMAGE TO ccurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y BAP746614804 5/19/2023 5/19/2024 COMBINED SINGLE LIMIT Ea accident $ X BODILY INJURY (Per person) $ 1,000,000 ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ 1,000,000 X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR Y Y AUC746615004 5/19/2023 5/19/2024 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y 83055794 7/22/2023 7/22/2024 X PER X OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Rented/Leased Equipment CIM042945800 5/19/2023 5/19/2024 1,000,000 C Pollution FEIECC2423606 5/19/2023 5/19/2024 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is included as an Additional Insured and provided a waiver of subrogation with regard to the liability policies of the Named Insured, but only with respect to and to the extent of the liabilities assumed by the Named Insured under written contract, agreement or permit. The General Liability, Auto Liability, Pollution Liability and Umbrella insurance is Primary; any other insurance maintained by the contractor & Owner is excess & non contributory, when required by written contract, agreement or permit, subject to the provisions and limitations of the policy Waiver of subrogation applies to Workers Compensation when required by written contract, agreement or permit and subject to the provisions and limitations the policy. See Attached... CERTIFICATE HOLDER Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 tC a+ C N E O L C W a I 0 U M M N C N CANCELLATION t to SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI +�+ THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Q ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE d ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 892 AGENCY CUSTOMER ID: ENVIRREST01 LOC #: 16. B.3.t ,CORE) AGENCY Marsh & McLennan (CLW) POLICY NUMBER CARRIER ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED A+ Environmental Restoration LLC 4346 SW Hull Ave. Arcadia FL 34269 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder is named as Loss Payee and Additional Insured with regard to equipment leased/rented to the Named Insured, but only with respect to and to the extent of the liabilities assumed by the Named Insured under written contract, agreement or permit, subject to the provisions and limitations of the policy. Project: For any and all work performed on behalf of Cpllier County Page 1 of c N E O L W a I 0 U M T- op M N C N E t V t4 Q ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 893 Named Insured: A+ Environmental Restoration LLC 16.B.3.t Policy #C I M 0429458-00 Contractor's Equipment Coverage Form Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and what is not covered. Throughout this Contractor's Inland Marine Coverage Part, the words "you" and "your" refer to the Named Insured shown on the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance coverage. The capitalized word "Schedule" refers to the Contractor's Inland Marine Coverage Part Schedule. Words and phrases that appear in bold have the special meaning as stated in the Contractor's Inland Marine Definitions. A. Coverage We will pay for direct physical loss of or damage to contractor's equipment directly caused by a covered cause of loss. B. Property Not Covered We will not insure the following property: 1. All contraband property, including property in the course of illegal transportation or trade; 2. Aircraft, except to the extent coverage is provided for unmanned aircraft in the Unmanned Aircraft Additional Coverage of this Contractor's Equipment Coverage Form; 3. Construction trailers unless scheduled; 4. Contractor's employees' property, except to the extent coverage is provided in the Contractor's Employees' Property Additional Coverage of this Contractor's Equipment Coverage Form; 5. Contractor's equipment while waterborne or while being loaded onto and unloaded out of any watercraft, except while in the custody of a carrier for hire or except to the extent coverage is provided in the Waterborne Property Additional Coverage of the Contractor's Inland Marine Additional Coverages Form; 6. Contractor's equipment while stored or operated underground in connection with any mining operations; 7. Vehicles licensed for use on public roads that are principally used to transport persons or property; 8. Recreational watercraft; or 9. Temporary or permanent forms, shoring, scaffolding or falsework, unless scheduled. C. Additional Coverages The following are Additional Coverages to this Coverage Form. Each of the Additional Coverages applies E independently of one another. Unless otherwise stated, the provisions, including the exclusions, limitations, deductibles, terms and conditions in this form apply to these Additional Coverages. E L The applicable Limit of Insurance for any Additional Coverage will be shown on the Schedule or an endorsement and > is the most we will pay for all loss, damage, cost or expense covered within that Additional Coverage, even if W coverage would otherwise be available under any other part of this Contractor's Inland Marine Coverage Part. + al The Additional Coverages — Limits of Insurance shown on the Schedule or endorsement are the most we will pay for p the Additional Coverage indicated in any one occurrence, unless stated otherwise. Coverage will only apply for that v Additional Coverage when a dollar amount is entered on the Schedule or endorsement. M If "Covered" is shown under the Limits of Insurance for an Additional Coverage the most we will pay for that Add M itional Coverage is the applicable Limit of Insurance shown on the Schedule or endorsement for the lost or damaged N covered property. a� E c� a Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contains copyrighted material of the American Association of Insurance Services. Packet Pg. 894 16. B.3.t If NCP is shown under the Limits of Insurance for an Additional Coverage, or no dollar amount is shown, then any loss, damage, cost or expense falling within that Additional Coverage is not covered, even if coverage would otherwise be available under any other part of this Contractor's Inland Marine Coverage Part. When any Additional Coverages — Limit of Insurance on the Schedule or endorsement is shown in the Annual Aggregate, the most we will pay in any one policy year, regardless of the number of coverages, occurrences or items of contractor's equipment involved, will not exceed such Annual Aggregate Limit of Insurance. Limits for these Additional Coverages are included in, and not in addition to the Maximum Occurrence Limit of Insurance. 1. Continuing Lease or Rental Payments In the event of covered loss of or damage to leased or rented contractor's equipment directly caused by a covered cause of loss, we will pay the reasonable and necessary continuing lease or rental payments you incur that you are legally liable to pay, as required under the provisions of a written lease or written rental agreement, because such contractor's equipment had not been repaired or replaced when that lease or rental agreement terminated. Coverage will end when that lost or damaged contractor's equipment has been repaired or replaced. If that lost or damaged contractor's equipment has not been fully repaired or replaced as of the expiration date of this Contractor's Inland Marine Coverage Part, coverage will not be cut short. 2. Contractor's Employees' Property We will pay for direct physical loss of or damage to contractor's employees' property directly caused by a covered cause of loss while such property is: a. At a project site; or b. In transit on a vehicle owned, leased or rented by you. 3. Expediting Expense W In the event of direct physical loss of or damage to contractor's equipment directly caused by a covered cause M of loss, we will pay reasonable and necessary additional expenses you incur for temporary repair of damage to such contractor's equipment and the additional expenses you incur for expediting the permanent repair or M replacement of such damaged contractor's equipment. This Additional Coverage does not include expenses N recoverable elsewhere in this Contractor's Inland Marine Coverage Part. CY 4. Extended Warranties a, We will reimburse you for the prorated amount of the unused cost of non-refundable or non -transferable extended N ti warranties, maintenance contracts or service contracts which were still in force at the time of loss or damage and are no longer valid as a result of loss of or damage to contractor's equipment directly caused by a covered E cause of loss. c 5. Hauling Equipment of Others m c L We will pay for direct physical loss of or damage to contractor's equipment of others in your care, custody or control that you become legally obligated to pay that is directly caused by a covered cause of loss while you are w transporting such equipment as a service to others on a vehicle or trailer that you own, lease or rent. QI We also cover such contractor's equipment during loading and unloading if the contractor's equipment is O loaded from or unloaded onto a sidewalk, street, loading dock or other similar area that is adjacent to the vehicle U LO or trailer. M We will determine the amount of covered loss or damage at the lesser of the following amounts: M a. The actual cash value for the damaged contractor's equipment; N b. The cost of repairing the contractor's equipment; or c E c. The cost of replacing the damaged contractor's equipment with another of like kind and quality. t Q Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contains copyrighted material of the American Association of Insurance Services. Packet Pg. 895 16. B.3.t If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. 6. Newly Acquired Contractor's Equipment We will pay for direct physical loss of or damage to any item of newly acquired contractor's equipment directly caused by a covered cause of loss if coverage is not currently shown for that item of contractor's equipment on a schedule on file with us. This Additional Coverage will automatically expire on the earliest of the following dates: a. The date you report the newly acquired contractor's equipment to us; b. The number of days shown on the Schedule from the date the contractor's equipment is acquired; or c. The date this policy expires or is cancelled. We will charge you additional premium for the value of newly acquired contractor's equipment from the date the contractor's equipment is acquired. 7. Rental Reimbursement and Continuing Expenses In the event of covered loss of or damage to contractor's equipment directly caused by a covered cause of loss, we will pay for the actual and necessary additional expenses you incur for: a. Rental or lease of similar contractor's equipment; b. Transporting, preparing and set up of replacement rented, leased or owned contractor's equipment; c. Continuing to rent or lease similar contractor's equipment in excess of the lease or rental expenses that would have otherwise been incurred for the period of time required to complete the work that the lost or damaged contractor's equipment was intended to perform; and d. Additional wages for overtime, night work and work on public holidays to operate replacement rented, leased or owned contractor's equipment to complete the work that the lost or damaged contractor's equipment was intended to perform. Such additional expenses will be paid for a period of time not to exceed the earlier of the length of time required co to: M N a. Repair or replace the lost or damaged contractor's equipment; or U- b. Complete the work in progress that the lost or damaged contractor's equipment was scheduled to perform. p, 8. Spare Parts and Fuel N ti We will pay for direct physical loss of or damage directly caused by a covered cause of loss to: N .. a. Spare parts and accessories for contractor's equipment; and m b. Fluids, including gasoline, oil and hydraulic fluid, for contractor's equipment. c L 9. Unintentional Errors or Omissions c We will pay for direct physical loss of or damage to contractor's equipment directly caused by a covered cause w Q of loss which is not payable under this Contractor's Equipment Coverage Form as a result of: I a. Your unintentional error or omission in reporting contractor's equipment; or b. Your failure through your unintentional error or omission to report such contractor's equipment as of the u7 effective date shown on the Declarations. 00 We will pay such loss or damage only to the extent such loss or damage would have been covered under the M N terms and conditions of this Contractor's Equipment Coverage Form if the unintentional error or omission had not been made. E c� Q Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contains copyrighted material of the American Association of Insurance Services. Packet Pg. 896 16. B.3.t This Additional Coverage applies only if: a. You report and correct such unintentional error or omission when discovered; and b. You pay any additional premium that may be due. 10. Unmanned Aircraft We will pay for direct physical loss of or damage to unmanned aircraft that is owned by you or owned by others in your care, custody or control directly caused by a covered cause of loss. We will not pay for loss of or damage to an unmanned aircraft: a. Being used for any activities not in direct support of your construction activities or operations; or b. That is not being operated in accordance with Federal Aviation Administration rules and regulations. The most we will pay under this Additional Coverage is the applicable limit shown for Unscheduled Unmanned Aircraft shown on the Schedule. If the item is more specifically identified on a schedule on file with us, then that limit will apply per occurrence. D. Exclusions Unless otherwise stated, the following exclusions apply to all coverages under this Coverage Form. We will not pay for loss or damage directly or indirectly caused by or resulting from any of the following, regardless of any other cause or event, including a mistake, malfunction or weather condition, that contributes concurrently or in any sequence to the loss or damage, even if such other cause or event would otherwise be covered: a. Contaminants Loss or damage, including the inability to use or occupy any location, caused by or resulting from the actual or suspected presence, growth, proliferation, spread or any activity of contaminants. But, if the actual or suspected presence, growth, proliferation, spread or any activity is directly caused by a specified cause of loss, we will pay only for that portion of the loss or damage solely caused by that specified cause of loss. We will also not pay for loss, cost or expense arising out of any ordinance, law, request, demand, order, regulation or rule that requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of contaminants. b. Electronic Data (1) Loss or damage to electronic data; rn (2) The inability to use or access electronic data; ti (3) The reduction in functionality of electronic data; or (4) The repair, replacement, restoration or reproduction of any electronic data. E However, if the loss or damage to the electronic data is the result of direct physical loss of or damage to a 0 computer system by a covered cause of loss, we will pay for the cost to copy the electronic data from w back-ups or originals of a previous generation. Q In no event will we pay: y' O (1) To research or recreate electronic data; or LO (2) For any value of electronic data. M T_ c. Electronic Vandalism N Electronic vandalism including any action taken in controlling, preventing, suppressing or remediating electronic vandalism. But if electronic vandalism results in fire or explosion, we will pay for that portion of E the loss or damage which was solely caused by that fire or explosion. c� Q Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contains copyrighted material of the American Association of Insurance Services. Packet Pg. 897 16. B.3.t d. Governmental Action Seizure, confiscation, expropriation, nationalization or destruction of property by order of governmental authority. This exclusion does not apply to seizure or destruction of property by order of governmental authority and taken at the time of fire to prevent its spread. e. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused. But if nuclear reaction or radiation, or radioactive contamination results in fire, we will pay for that portion of the loss or damage which was solely caused by that fire. f. War and Military Action War and military action, meaning: (1) War, including undeclared or civil war; (2) Warlike or hostile action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority by hindering or defending against any of these; or (4) Any weapon of war or of mass destruction employing biological or chemical warfare, atomic fission, atomic fusion, radioactive force or radioactive material, whether in time of peace or war regardless of who commits the act. 2. We will not pay for: a. Consequential Loss Loss, damage, cost or expense caused by or resulting from the following, except as otherwise stated elsewhere in this Contractor's Inland Marine Coverage Part: (1) Loss of market, loss of use or delay; (2) Liquidated damages, performance penalties or penalties for non -completion; or non-compliance with contract conditions, except to the extent coverage is provided by the Contract Penalties Additional Coverage of the Contractor's Inland Marine Additional Coverages Form. b. Disappearance or Shortage i4 Loss or damage caused by or resulting from unexplained disappearance or shortage disclosed on taking E inventory. m This exclusion does not apply to covered property in the custody of a carrier for hire. c L c. Dishonest Acts c Loss or damage caused by or resulting from fraudulent, dishonest or criminal acts (including theft) or w Q omissions, committed by you, your partners, members, officers, managers, employees (including leased or 1 temporary employees), directors, trustees, authorized representatives, or theft by anyone else to whom you 0 have entrusted the property for any purpose: ,n (1) Acting alone or in collusion with others; or M (2) Whether or not occurring during the hours of employment. N This exclusion does not apply to: :.o _ a� (1) Acts of vandalism committed by your employees (including leased or temporary employees) or authorized representatives; or Q Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contains copyrighted material of the American Association of Insurance Services. Packet Pg. 898 16. B.3.t (2) Carriers for hire or anyone claiming to be a carrier for hire at the time the property is entrusted to them. d. Expected, Preventable or Accumulated Losses Loss or damage caused by or resulting from: (1) Wear and tear; (2) Rust or other corrosion, decay, deterioration, fading, dampness, changes in or extremes of temperature, hidden or latent defect or any quality of the property that causes it to damage or destroy itself; (3) Nesting or infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals; or (4) Mechanical or electrical breakdown or failure, including rupture or bursting caused by or resulting from centrifugal force. However, this exclusion does not apply to computer systems. But if a covered cause of loss results, we will pay for that portion of the loss or damage which was solely caused by that covered cause of loss. e. Fines or Penalties Fines or penalties imposed on you at the order of any government agency, court or other authority E. Limits of Insurance The most we will pay in any one occurrence for any one item of contractor's equipment is the applicable Maximum Any One Item limit shown on the Schedule. If coverage is provided on a Scheduled Equipment basis, the most we will pay for any one item is the applicable Limit of Insurance shown on the Schedule or on a schedule on file with us. If coverage is provided on a Blanket Coverage basis, the most we will pay for any one item is the applicable Limit of Insurance shown on the Schedule. However, the most we will pay in any one occurrence for all loss, damage, cost or expense covered under this Contractor's Equipment Coverage Form and its endorsements is the Maximum Occurrence Limit of Insurance shown on the Schedule. When an Annual Aggregate Limit of Insurance is shown on the Schedule or an endorsement for a particular coverage or cause of loss, the most we will pay in any one policy year, regardless of the number of coverages, occurrences or items of contractor's equipment involved, will not exceed such Annual Aggregate Limit of Insurance. F. Deductible 1. We will not pay for loss, damage, cost or expense in any one occurrence until the amount of covered loss, damage, cost or expense exceeds the applicable deductibles shown on the Schedule or an endorsement. We will rn then pay the amount of covered loss, damage, cost or expense in excess of the deductibles, up to the applicable ti Limits of Insurance. c� 2. Unless otherwise stated, if two or more deductibles are applicable under this Contractor's Inland Marine Coverage E Part, to covered loss, damage, cost or expense in an occurrence, the highest applicable deductible amount will CD be applied, regardless of the number of items of covered property lost or damaged in that occurrence. E 3. Percentage Deductible 0 a. If a percentage deductible is applicable, we will determine the amount of the deductible by applying the c w percentage shown on the Schedule or an endorsement against the value of that lost or damaged item of QI contractor's equipment as of the date of the loss or damage. The value to be used is the limit or value stated for that item of contractor's equipment on the most current schedule on file. v b. If a percentage deductible is applicable to contractor's equipment that is not shown on the schedule on LO file, we will determine the amount of the deductible by applying the percentage shown on the Schedule 00 against its replacement cost unless a different value applies to that lost or damaged item of contractor's N equipment per Section H. Valuation below, as of the date of the loss or damage. a� E t c� Q Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contains copyrighted material of the American Association of Insurance Services. Packet Pg. 899 16. B.3.t Should the amount calculated in Subsections a. or b. above, be less than the applicable Minimum Deductible shown on the Schedule, the Minimum Deductible is the amount of the deductible that will be applied. 4. If a Theft Deductible is indicated on the Schedule, loss or damage to contractor's equipment caused by theft will be subject to the Theft Deductible amount stated on the Schedule. That deductible will apply to all loss or damage caused by or resulting from theft or attempted theft, but does not apply to loss or damage that occurs due to looting at the time and place of a riot or civil commotion. If there is no Theft Deductible indicated on the Schedule, loss or damage caused by theft will be subject to the deductible otherwise applicable to contractor's equipment. 5. If there is loss or damage due to theft of contractor's equipment that is: a. Equipped with an operational Global Positioning System (GPS) or similar electronic tracking device that is regularly monitored; or b. Prior to the theft, registered with the National Equipment Register (NER) with the specific manufacturer, model number, serial number and year manufactured through on-line entry of this information in the NER website or your sending this information directly to NER, then no deductible will apply to that contractor's equipment. 6. If a Waiting Period is shown on the Schedule or on an endorsement: a. We will not pay for any loss in any one occurrence until after the applicable Waiting Period has expired. We will then pay the actual loss incurred after the expiration of the Waiting Period, up to the applicable Limits of Insurance. b. The Waiting Period begins immediately following the direct physical loss of or damage to contractor's equipment directly caused by a covered cause of loss. c. The Waiting Period will apply separately from and in addition to any other deductible that may apply in any one occurrence. G. Additional Conditions The following conditions apply in addition to the Commercial Inland Marine Conditions and the Common Policy Conditions: N 1. Blanket Loss Payee CY If loss or damage occurs to covered property in which both you and the blanket loss payee have an insurableCN o, interest, we will: ti a. Adjust the loss with you; and b. Pay any claim for loss or damage jointly to you and the blanket loss payee, as interests may appear. f° c 2. Coverage Territory CD E 0 a. Coverage is limited to loss or damage occurring within the coverage territory. b. The coverage territory is: c w (1) The United States of America (including its territories and possessions); and QI (2) Puerto Rico. U c. When coverage is provided for property in transit: v7 (1) The coverage territory is extended to Canada for property in transit as long as the origin or destination is 00 N included in Subsection 2.b. above, except when property is being transported by a vessel. c a� E t c� Q Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contains copyrighted material of the American Association of Insurance Services. Packet Pg. 900 16. B.3.t (2) The coverage territory is extended to everywhere else in the world for property while being transported by an aircraft, as long as either the origin or destination is included in Subsection 2.b. above and neither the origin nor the destination is in any country upon which the United States government has imposed sanctions, embargoes or similar prohibitions. d. If the property is in transit by a vessel that originated outside the coverage territory included in Subsection 2.b. above, then coverage commences when the property enters into the United States Exclusive Economic Zone as defined by the U.S. Department of State. e. If the property is in transit by a vessel with a destination outside the coverage territory included in Subsection 2.b. above, then coverage ends when the property exits from the United States Exclusive Economic Zone as defined by the U.S. Department of State. f. Any loss to property in transit by a vessel while located outside the United States Exclusive Economic Zone as defined by the U.S. Department of State is not covered. g. With regard to Subsections 2.d. and e. above, coverage provided under this Contractor's Inland Marine Coverage Part does not take the place of or satisfy any contractual requirement you may have to carry Ocean Marine insurance as it pertains to transit by vessel. 3. Other Insurance — Rented or Leased Property The following is added to Loss Condition F. Other Insurance of the Commercial Inland Marine Conditions: This insurance will be primary with respect to any other available insurance covering property which you have rented or leased from others and for which you have agreed in a written rental or lease agreement to obtain primary insurance. 4. Salvage The amount of loss can be reduced by any salvage recovery through the sale of the damaged covered property. a. If, following a loss, a recovery is made from the sale of damaged covered property and your claim has not yet been paid, we will be entitled to this salvage recovery until we have recovered our salvaging fees and expenses. The balance of the salvage recovery will be paid to you and the amount of your loss settlement will be reduced by this balance. b. If your claim has already been paid when a salvage recovery is made, we will be entitled to the salvage proceeds until we have recovered the difference between the amount we paid you for your claim and the amount we would have paid you had the salvage recovery been handled in accordance with Subsection a. above. Any balance of the salvage recovery will then be promptly refunded to you. 5. General Condition F. Valuation of the Commercial Inland Marine Conditions is deleted in its entirety. N H. Valuation Subject to the applicable Limit of Insurance, unless otherwise stated on an endorsement, we will determine the amount of covered loss or damage depending on the method of valuation indicated in the Contractor's Equipment E Coverage Form — Valuation Section of the Schedule as follows: c 1. Replacement Cost w Except as provided in Subsection 3. below, if the replacement cost valuation is indicated on the Schedule the QI following applies: O a. Contractor's equipment owned by you that has an original manufacture date within 5 years of the date the M loss or damage occurred, will be valued at replacement cost. (If "Number of Years" is selected on the Schedule, the number entered on the Schedule for "Number of Years" replaces the number 5 in the M immediately preceding sentence). However, contractor's equipment that is not repaired, rebuilt or replaced `V will be valued at the actual cash value at the time and place of loss or damage. If you commence the repair, a rebuilding or replacement of the lost or damaged contractor's equipment within 24 months from the date the E loss or damage occurred, upon completion of the repair, rebuilding or replacement, we will pay you the difference between the actual cash value previously paid and what the cost would have been to repair, rebuild or replace at the time of loss or damage. Q Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contains copyrighted material of the American Association of Insurance Services. Packet Pg. 901 16. B.3.t b. If the loss or damage to contractor's equipment occurs more than 5 years (or more than the "Number of Years" shown on the Schedule, if that option is selected) after the original manufacture date, the contractor's equipment will be valued at actual cash value, even if replacement cost valuation has been selected. 2. Actual Cash Value Except as provided in Subsection 3. below, if Actual Cash Value is indicated on the Schedule, contractor's equipment will be valued at actual cash value. 3. Valuation — Specific Equipment The following applies to contractor's equipment described in the Contractor's Equipment Coverage Form — Valuation — Specific Equipment Schedule: a. Each item of contractor's equipment described in the Valuation — Specific Equipment Schedule will be valued at the valuation method shown for that item. b. If Stated Value is shown for an item of contractor's equipment, then replacement cost valuation applies to that item, except in the event of the total loss of that item the Limit of Insurance shown for that item is agreed to be the value of that item. c. Contractor's equipment that is not repaired, rebuilt or replaced will be valued at the actual cash value at the time and place of loss or damage even if Stated Value or replacement cost valuation is selected for the item of contractor's equipment. If you commence the repair, rebuilding or replacement of the lost or damaged contractor's equipment within 24 months from the date the loss or damage occurred, upon completion of the repair, rebuilding or replacement, we will pay you the difference between the actual cash value previously paid and what the cost would have been to repair, rebuild or replace at the time of loss or damage. d. The most we will pay in any one occurrence for an item of contractor's equipment described in Valuation — Specific Equipment Schedule is the applicable Limit of Insurance shown for that item. 4. Valuation Exceptions The following contractor's equipment will not be valued as indicated in Section H. Subsections 1. through 3 above, but as follows: a. Contractor's equipment which is not owned by you but is leased or rented from others and in your care, custody or control at the time of loss or damage will be valued at the amount of your legal liability but not to exceed the replacement cost of the damaged contractor equipment. b. Contractor's employees' property will be valued at actual cash value. c. Contractor's equipment that is borrowed from others will be valued at actual cash value. Premium Adjustment 1. The premium charged at the inception of each policy period is an advance premium. 2. Each policy period: a. Begins with the inception or anniversary date of this policy; and b. Ends at the next anniversary date or the cancellation or expiration of this policy. 3. We will determine the advance premium for this insurance based on: a. A statement of the total declared values of contractor's equipment you owned at the beginning of the policy period; and b. The estimated expenditures for contractor's equipment that you leased, rented or borrowed from others during the policy period. c m E 0 L c w a _I O U v7 M M N c a� E M c� Q Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contains copyrighted material of the American Association of Insurance Services. Packet Pg. 902 16. B.3.t 4. Within 30 days following the cancellation or expiration of the policy, you agree to send us statements of: a. The total values of contractor's equipment you owned at the end of the policy period; and b. The actual total expenditures for contractor's equipment that you leased, rented or borrowed from others during the policy period. 5. The final premium for owned contractor's equipment will be determined by applying the Scheduled Equipment Reporting Rate(s) shown on the Schedule in the Premium Adjustment Section to the difference in the total value of the scheduled contractor's equipment reported at the beginning and the end of the policy period. We will apply 50% of the difference between the advance premium and the final premium. Based on the difference, we will charge additional premium or return any excess premium. 6. The final premium for leased, rented or borrowed contractor's equipment will be determined by applying the Leased, Rented, or Borrowed From Others Reporting Rate shown on the Schedule to the total expenditures of such contractor's equipment reported at the beginning and the end of the policy period. Based on the difference between the advance premium and the final premium, we will charge additional premium or return any excess premium. 7. The due date for any additional premium is the date shown as the due date on the bill. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contains copyrighted material of the American Association of Insurance Services. Packet Pg. 903 16.B.3.t WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule (This agreement applies only Fa to the extent that you perform work under a written contract that requires you to obtain this agreement from o us.) P This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Blanket Waiver of Subrogation Applies* This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated Date Prepared May 9, 2023 Carrier- Bridgefield Employers Insurance Company Effective Date of Endorsement July 22, 2023 Policy Number 830-55794 Countersigned by Insured: A+ Environmental Restoration, LLC WC 00 03 13 (Ed 4-84) "Includes copyright material of the National Council on Compensation Insurance, Inc used with its permission Copyright 100.1 Packet Pg. 904 16.B.3.t POLICY NUMBER: BAP 7466148 - 04 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: A+ ENVIRONMENTAL RESTORATION LLC Endorsement Effective Date:05/19/2023 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Packet Pg. 905 16. B.3.t Coverage Extension Endorsement — Florida ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 7466148 - 04 Effective Date: 05/19/2023 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. C. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract M or written agreement with you executed prior to any "accident", including those person(s) or organization(s) Cy directing your work pursuant to such written contract or written agreement with you, provided the "accident" LL arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. N CD 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you CD executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained E by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond ° the terms and conditions of the Coverage Form. c B. Amendment — Supplementary Payments Q Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability �I Coverage are replaced by the following: C) (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. 00 M (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a `.V day because of time off from work. _ a� C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. a u- Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 906 16. B.3.t D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in B. Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. M F. Towing and Labor T_ Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: N CY We will pay up to $75 for towing and labor costs incurred each time a covered "auto" that is a "private passenger type", light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. N As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and CD includes an "auto" of the pickup or van type if not used for business purposes. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: as c L If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and > is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass W repaired rather than replaced. + al H. Hired Auto Physical Damage — Increased Loss of Use Expenses p The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the ,i; following: Loss Of Use Expenses N For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We °' will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; a (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or ' - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 907 16. B.3.t (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for 'loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 113.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for 'loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such 'loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such 'loss". K. Airbag Coverage The Exclusion in Paragraph 113.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 113.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or Q ' - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 908 16. B.3.t 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; > 3. Servicing; U 4. "Loss"; or c 5. Destruction. Z 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage c 0 We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or c� omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it x replaces. w N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss M Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: M a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice CY of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any N agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate N the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written m E notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and W (3) To the extent possible, the names and addresses of any injured persons and witnesses. QI If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your OU failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon ,n as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us N The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or a� E "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only U applies to the person or organization designated in the contract. Q P. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: U_ Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 909 Policy #GL0746614904 16.B.3.t Additional Insured - Automatic - Owners, Lessees Or ZURICH Contractors Policy No. Eft. Date of Pol. Exp. Date of Pol. Eft. Date of End. Producer No. Add'I. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: A+ Environmental Restoration LLC Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you x are required to add as an additional insured on this policy under a written contract or written agreement. Such person w or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal Ln M and advertising injury" caused, in whole or in part, by:Go 1. Your acts or omissions; or 04 2. The acts or omissions of those acting on your behalf, � in the performance of your ongoing operations or "your work" as included in the "products -completed operations rn hazard", which is the subject of the written contract or written agreement. ti However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and f° c m 2. Will not be broader than that which you are required by the written contract or written agreement to provide for E such additional insured. 0 B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: w This insurance does not apply to: Q "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to O render, any professional architectural, engineering or surveying services including: LO M a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or N b. Supervisory, inspection, architectural or engineering activities. a� This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, E hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. a Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F OW (04/ 13) Page 1 of 2 Packet Pg. 910 16.B.3.t C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which theadditional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV —Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV —Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III —Limits Of Insurance: The mostwe will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. c m E 0 L c w a I 0 U M T_ op M N C N E t V R Q Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F OW (04/ 13) Page 2of2 Packet Pg. 911 16. B.3.t 0 Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I Prem. Return Prem. GLO 7466149 - 04 05/19/2023 05/19/2024 84338000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-G Packet Pg. 912 I 16.B.3.0 I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE IN 2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kevin ROOF Marsh & McLennan Agency LLC PHONE FAx 20 North Martingale Road A/C No Ext : 312 625-5948 A/C No): 847 440-9116 Schaumburg IL 60173 ADDRESS: Kevin.Roof@MarshMMA.com INSURED DeAngelo Contracting Services, LLC 100 North Conahan Drive Hazleton, PA 18201 COVERAGES CERTIFICATE NUMBER:2097558144 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Starr Indemnity and Liability 38318 INSURER B : Endurance American Specialty I 41718 INSURERC: Indemnity Insurance Company of 43575 INSURERD: Lexington Insurance Company 19437 INSURER E: Endurance American Insurance C 10641 INSURER F : CAPITOL SPECIALTY INS CORP 10328 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 1000025924231 11/1/2023 11/1/2024 EACH OCCURRENCE $2,000,000 CLAIMS -MADE � OCCUR TED PREMISES (Ea oDAMAGE TO ccurrence) $ 500,000 X MED EXP (Any one person) $ 10,000 DED 500,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A A AUTOMOBILE LIABILITY ANY AUTO Y 1000672941231 1000672978231 11/1/2023 11/1/2023 11/1/2024 11/1/2024 COMBINED SINGLE LIMIT Ea accident $2,000,000 X BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY C D E X UMBRELLA LAB EXCESS LIAB X OCCUR CLAIMS -MADE XS000113523 052114890 EXC30026857701 11/1/2023 11/1/2023 11/1/2023 11/1/2024 11/1/2024 11/1/2024 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 DED RETENTION $ ADDITIONAL LAYERS $ SEE REMARKS A A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N 1000004825 1000004826 11/1/2023 11/1/2023 11/1/2024 11/1/2024 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N I NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Prof Liability/Pollution PNV10015266702 11/1/2023 11/1/2024 ProfOcc/Agg $5,000,000 F Excess Pollution EX20210970-03 11/1/2023 11/1/2024 PollOcc/Agg XS Poll Occ/Agg $5,000,000 $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) First Excess Policy (XS000113523) Limits: Each Occurrence - $2,000,000; Aggregate - $2,000,000 Second Excess Policy (052114890) Limits: Each Occurrence - $2,000,000; Aggregate - $2,000,000 Third Excess Policy (EXC30026857701) Limits: Each Occurrence - $4,000,000; Aggregate - $4,000,000 RE: For all work performed by the Named Insured on behalf of the Certificate Holder. It is agreed that the following are added as Additional Insureds, when required by written contract, on the General Liability on a primary and non-contributory basis with respect to operations performed by the Named Insured in connection with this project. See Attached... CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. ORIZED REP ESENTATIVE 40 O Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 913 AGENCY CUSTOMER ID: SEVEISL-02 LOC #: 16.B.3.0 ,CORE) AGENCY Marsh & McLennan Agency LLC POLICY NUMBER CARRIER ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED DeAngelo Contracting Services, LLC 100 North Conahan Drive Hazleton, PA 18201 EFFECTIVE DATE: Page 1 of ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE - Collier County Board of County Commissioners If this policy is cancelled by the Company or by the insureds, other than for nonpayment of premium, notice of such cancellation will be provided to the certifica holder at least 30 days in advance of the cancellation effective date. If this policy is cancelled for nonpayment of premium, notice of such cancellation will be provided to the certificate holder at least 10 days in advance of the cancellation effective date. O Q ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 914 16.B.3.0 COMMERCIAL AUTO SICA-1016 06 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS AMENDATORY ENDORSEMENT Policy Number: 1000672941231 Effective Date: 11/01/2023 Named Insured: DeAngelo Contracting Services, LLC This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM It is hereby agreed that SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. COVERAGE, 1. Who Is An Insured of the Business Auto Coverage Form and Motor Carrier Coverage Form, and SECTION I — COVERED AUTOS COVERAGES, D. Covered Autos Liability Coverage, 2. Who Is An Insured of the Auto Dealers Coverage Form are amended to include the following: Any person or organization whom you become obligated to include as an additional insured under this policy, as a result of any written contract or written agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your use of a covered "auto". However, the insurance afforded only applies to the extent permitted by law, and will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by such written contract or written agreement. All other terms and conditions of this Policy remain unchanged. SICA-1016 06 21 Copyright © Starr Indemnity & Liability Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 915 COMMERCIAL AUTO Starr Indemnity & liability Company SICA-1017 (0919) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS AMENDATORY ENDORSMENT Policy Number: 1000672941231 Effective Date: 11/1/2023 Named Insured: DeAngelo Contracting Services, LLC This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully_ BUSINESS AUTO COVERAGE FORM SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, c., is amended by the addition of the following: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions of this Policy remain unchanged. SICA-1017 (0919) Copyright 0 Starr Indemnity & Liability Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 916 *1 Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 19:1[24il,1101**'14M1=1►kgo]:/_1►lei 4:19:I:800141 'M;J V=F-Aelk tey-AV41114WA ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS Policy Number: 1000025924231 Effective Date: 11/01/2023 at 12:01 AM Named Insured: DeAngelo Contracting Services, LLC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract and such contract specifically requires the Named Insured to provide additional insured coverage under the 10-01 edition of the CG 2037 Location And Description of Completed Operations: Where required by written contract. Additional Premium: Include (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". All other terms and conditions of this Policy remain unchanged. OG 220 01 (10/14) Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission Page 1 of 1 Packet Pg. 917 16.B.3.0 *1 Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CONTRACTORS- - OWNERS, LESSEES OR SCHEDULED PERSON OR ORGANIZATION Policy Number: 1000025924231 Effective Date: 11/01/2023 at 12:01 A.M Named Insured: DeAngelo Contracting Services, LLC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Where required by written contract and such contract Where required by written contract. specifically requires The Named Insured to provide additional insured coverage under the 07-04 edition of Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and N advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 0 2. The acts or omissions of those acting on your behalf; a in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. p B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: I p This insurance does not apply to "bodily injury" or "property damage" occurring after: LO 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the 09 covered operations has been completed; or N 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person r or organization other than another contractor or subcontractor engaged in performing operations for a principal as a E part of the same project. U r Q All other terms and conditions of this Policy remain unchanged. OG 221 04 (10/14) Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. Page 1 of 1 Packet Pg. 918 16.B.3.0 Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Primary and Non -Contributory Condition Policy Number: 1000025924231 Effective Date: 11/01/2023 Named Insured: DeAngelo Contracting Services, LLC This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. SECTION IV — CONDITIONS, condition 4. Other Insurance is amended as follows: 1. The following is added to paragraph 4.a. of the Other Insurance condition: This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR INDEMNITY & LIABILITY COMPANY Steve Blakey, President Nehemiah E. Ginsburg, General P ounsel OG 107 (04/11) Page 1 of 1 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. Packet Pg. 919 I 16.B.3.v I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE IN 1/23/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificates/Commercial Lines Wallace Welch & Willingham, Inc. PHONE FAX 300 1 st Ave. So., 5th Floor AIC No Ext : 727-522-7777 A/C No): 727-521-2902 Saint Petersburg FL 33701 ADDRESS: certificates@w3ins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Amerisure Ins. Co. 19488 INSURED EARTCOR-01 INSURER B: Westchester Surplus Lines Ins. Co. 10172 EarthBalance Corporation dba Earthbalance INSURERC: ACE Property & Casualty Ins. Co. 20699 2570 Commerce Parkway INSURERD: Travelers Excess & Surplus Lines Co. 29696 North Port FL 34289 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1517719687 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y G47421184001 8/23/2023 8/23/2024 EACH OCCURRENCE $2,000,000 CLAIMS -MADE OCCUR PREM SES� RENTEa o_cur ence $ 100,000 MED EXP (Any one person) $ 5,000 X XCU Included PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 � PRO - POLICY LOC PRODUCTS - COMP/OP AGG $ 2,000,000 X Deductible $ 15,000 OTHER: Primary Non Cont C AUTOMOBILE LIABILITY H08884699001 8/23/2023 8/23/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR G47421226001 8/23/2023 8/23/2024 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC209646707 4/1/2023 4/1/2024 X PER OTH- STATUTE ER U.S.L.H ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional / Pollution Liab G47421184001 8/23/2023 8/23/2024 Each Claim/Aggregate $2M/$2M D Retro Date 2/18/1997 Excess Liab - Travelers EX8T014454 8/23/2023 8/23/2024 Deductible Per Occurrence/Aggreg 15,000 $3M/$3M DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project - #23-8135 "Exotic and Nuisance Vegetation Removal" Automatic additional insured and waiver of subrogation applies in favor of Collier County Board of County Commissioners, OR, Board of County Commissions in Collier County, OR Collier County Government, OR Collier County if required by written contract, subject to terms, conditions, and exclusions of the policies per attached blanket endorsement forms. The General Liability, Auto Liability and Workers compensation policies includes an endorsement providing that thirty days' notice of cancellation will be furnished to the Certificate Holder, except for nonpayment of premium, in which case ten days of notice will be given. CERTIFICATE HOLDER Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 N V C fC tC Ln t 1` R LU _I F5 U In CO) r 00 M N r C d 1= CANCELLATION v tv .r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Q THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE gb-11`7 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 920 16.B.3.v POLICY NUMBER: CAL H08884699 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Earthbalance Corporation Endorsement Effective Date: 08/23/2023 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization you are required in a written contract or agreement to name as an Additional Insured on your policy but only for "bodily injury" or "property damage" to which this insurance applies if the "accident" is caused by: 1. You, while using a covered "auto' or 2. Any other person, while using a covered "auto' with your permission. Coverage provided by this endorsement shall be excess over any other valid and collectible insurance available to the Additional Insured (s) whether primary, excess, contingent or on any other basis unless the contract specifically requires that this insurance be primary or you request that it apply on a primary basis prior to a loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Packet Pg. 921 16.B.3.v AUTOMATIC ADDITIONAL INSURED ENDORSEMENT Named Insured Earthbalance Corporation Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement CAL �H08884699 08/23/2023 To 08/23/2024 08/23/2023 Issued By (Name of Insurance Company) ACE Property and Casualty Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SECTION II - LIABILITY COVERAGE, WHO IS AN INSURED is amended to include as an "insured" any person or organization you are required in a written contract or agreement to name as an Additional Insured on your policy but only for "bodily injury" or "property damage" to which this insurance applies if the "accident' is caused by: 1. You, while using a covered "auto" or 2. Any other person, while using a covered "auto" with your permission. The insurance provided by this endorsement shall be subject to the following additional condition: 1. The Limit of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event, shall the policy Limits of Insurance be increased by the contract. 2, All insuring agreements, exclusions, terms and conditions of the policy shall apply to the coverage (s) provided to the Additional Insured, and such coverage shall not be enlarged or expanded by reason of the contract. 3. Coverage provided by this endorsement shall be excess over any other valid and collectible insurance available to the Additional Insured (s) whether primary, excess, contingent or on any other basis unless the contract specifically requires that this insurance be primary or you request that it apply on a primary basis prior to loss. Authorized Representative DA-6Z04a (06/14) Page 1 of 1 111 Packet Pg. 922 16.B.3.v WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Earthbalance Corporation Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement CAL �H08884699 08/23/2023 To 08/23/2024 08/23/2023 Issued By (Name of Insurance Company) ACE Property and Casualty Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization, for whom you are required in a written contract or agreement, with such written contract or agreement signed prior to commencement of operations, to waive any right of recovery we may have against the person or organization, but only for "bodily injury" or "property damage" to which this insurance applies if the "accident" is caused by a) you, while using a covered "auto", or b) any other person, while using a covered "auto" with your permission. Authorized Representative DA-13115a (06/14) Page 1 of 1 109 Packet Pg. 923 16.B.3.v POLICY NUMBER: G47421184 001 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Packet Pg. 924 16.B.3.v A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Packet Pg. 925 16.B.3.v C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 8 of 8 © Insurance Services Office, Inc., 2012 CG Packet Pg. 926 16.B.3.v POLICY NUMBER: G47421184 001 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 III IRIAZIITS] *14Lyi14►Igo]:/_1Z10*'2119:I:8aell1 'MCI-IM:1:7A_117111081_1N4111111111INA ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract, prior to a loss to which this insurance applies As required by written contract, prior to a loss to which this insurance applies CG 20 37 04 13 © Insurance Services Office, Inc., 2012 P Packet Pg. 927 16.B.3.v POLICY NUMBER: G47421184 001 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 III 111:1R221ZI1161*14►yi1=1►111ta:/_1Z[r*1119:1=81e7p[WA»A-M21:7A_11]111IDEAN=1111111INA A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Pa Packet Pg. 928 16.B.3.v COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Packet Pg. 929 16.B.3.v CHUBB® Named Insured EarthBalance Corporation Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G47421184 001 08/23/2023 to 08/23/2024 08/23/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO SPECIFIC PARTIES ENDORSEMENT SCHEDULE (1) As required by written contract, prior to a loss to which this insurance applies; ENV-3126 (08-04) Page 1 of Packet Pg. 930 16.B.3.v If we decide to cancel this policy on or before the expiration date shown on the Declarations Page, we will mail to the person(s) or organization(s) shown in the Schedule above, written notice of cancellation not less than 30 days prior to cancellation or 10 days for non-payment of premium. ENV-3126 (08-04) Page 2 of 2 Packet Pg. 931 16.B.3.v Westchester A Chubb Company PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION Named Insured Endorsement Number EarthBalance Corporation Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G47421184 001 o8/23/2023 TO o8/23/2024 o8/23/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy, provided that: a. The additional insured is a named insured under such other insurance; and b. You have agreed in a written contract or agreement that this insurance would: (1) act as primary insurance; and (2) would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. ENV-3252 (12-18) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page i of i (266562.1) Packet Pg. 932 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 16.B.3.v WC (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will n enforce our right against the person or organization named in the Schedule. (This agreement applies only to tY extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Any person or organization required by written contract or certificate of insurance." "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah." The endorsement does not apply to policies or exposure in Missouri where the employer is in the N construction group of classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group of code classifications. For policies or exposure in Missouri, the following must be included in the Schedule: m * Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed wl by the employer in Missouri, this waiver of subrogation does not apply to any construction 0 group of classifications as designated by the waiver of right to recover from others c) (subrogation) rule in our manual. "' M r M N C d This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. E (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) t Endorsement Effective Policy No. Endorsement No. .r Q Insured Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. Packet Pg. 933 116.B.3.w I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE IN 2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jessica Martin Smith Insurance & Bonds PHONE FAX 5260 Summerlin Commons Way A/C No Ext : 239-243-9729 A/C No): 239-791-1074 Suite 302 ADDRESS: jmartin@flsuretybonds.com Fort Myers FL 33907 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Ohio Security Insurance Compan 24082 INSURED EARTTEC-02 Earth Tech Environmental LLC. 10600 Jolea Avenue Bonita Springs FL 34135 INSURER B : Ohio Casualty Insurance Compan 24074 INSURER C: Starstone National Insurance C 25496 INSURERD: GuideOne National Insurance Co 14167 INSURER E: COVERAGES CERTIFICATE NUMBER:461294998 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y BAOR137311 6/2/2023 6/2/2024 EACH OCCURRENCE $1,000,000 Fv� CLAIMS -MADE OCCUR DAMAGE PREM SES� IENTEa o_cur ence $ 300,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ B X UMBRELLA LIAB X OCCUR Y USO (23) 63 35 13 72 6/2/2023 6/2/2024 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y T10230928 6/2/2023 6/2/2024 X STATUTE ERH Includes USLH ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional/Pollution Y Y ENV562015250 11/30/2023 11/30/2024 Occ/Agg 2000000/2000000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is listed as an additional insured on the General Liability per form CG 85 83 04 13, including ongoing, products and completed operatioi per form CG85 83 04 13. Primary and non-contributory and Waiver of Subrogation on the general liability applies per form 8810 04 13. Additional Insured applies to the automobile liability per AC CA FO 79 08 17 including a waiver of subrogation. A waiver of subrogation applies to Workers Comp Per Form WC 0313. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t V N I— t a+ L W _I O U Lr) CO) T— oo M N r C d E t V R .r r a ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 934 � 16.B.3.w I ,4� CERTIFICATE OF LIABILITY INSURANCE DATE 11/2 11 /28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ASHLEE HASS NAME: StateFarm JOEL HINMAN STATE FARM AGENCY aC"No Ext : 239 313 5011 Alc No): = • 0 14651 PALM BEACH BLVD STE 103 E-M Ress: ASHLEE@JOELHINMAN.COM FORT MYERS, FL 33905 INSURER(S) AFFORDING COVERAGE NAIC # INSURED EARTH TECH ENVIRONMENTAL LLC 10600 JOLEA AVE BONITA SPRINGS, FL 34135-6797 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURER B : State Farm Florida Insurance Company 10739 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD INSD SUB WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR DAMAGE TED PREM SESOEa occurrence) lccurrrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS $ $ OTHER: AUTOMOBILE LIABILITY J73 4062-F02-59 12/02/2023 06/02/2024 COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ 2,000,000 A ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS HIRED �/ NON -OWNED AUTOS ONLY X AUTOS ONLY )( )( L47 1024-F02-59 L471025-F02-59 12/02/2023 12/02/2023 06/02/2024 06/02/2024 BODILY INJURY (Per accident) $ 2,000,000 X Per accident $ 1,000,000 PIP $ 10,000 L471027-F02-59 12/02/2023 06/02/2024 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ❑ N / A PER OTH- ISTATUTE ER $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ MOBILE EQUIPMENT $173,000 B INLAND MARINE 98-CY-R835-0 06/02/2023 06/02/2024 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SEE ADDITIONAL REMARKS SCHEDULE FOR FULL LIST OF VEHICLES. ADDL INSD & WOS APPLIES TO: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. CERTIFICATE HOLDER COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3327 TAMIAMI TRAIL E NAPLES, FL 34112 t V N H t a+ R W _I O U In CO) r 00 Cl) N r C d t CANCELLATION t�v .r r a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A-s h lee f bass @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD , packet Pg. 935 AGENCY CUSTOMER ID: LOC #: 16.B.3.w FROM ADDITIONAL REMARKS SCHEDULE AGENCY JOEL HINMAN STATE FARM AGENCY POLICY NUMBER J73 4062-F02-59 CARRIER State Farm Mutual Automobile Insurance Company ADDITIONAL REMARKS NAMED INSURED EARTH TECH ENVIRONMENTAL LLC 10600 JOLEA AVE BONITA SPRINGS, FL 34135-6797 NAIC CODE 25178 1 EFFECTIVE DATE: 1 1 /28/2023 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE POLICY TERM: 12/2/23 - 6/2/24 J73 4062-1`02-59 - ENOL J73 4187-F02-59 - 2018 FORD F450 - VIN: 1 FDUF4HT3JEC05222 L47 1024-F02-59 - 2013 FORD F150 - VIN: 1 FTFW1 ET2DFB57968 L47 1025-F02-59 - 2016 FORD F150 - VIN: 1 FTEX1 EPXGFA82842 L47 1027-F02-59 - 2016 FORD F150 - VIN: 1 FTEW1 EF4GKF61677 L47 1028-F02-59 - 2023 HONDA RIDGELINE - VIN: 5FPYK3F81 PB030400 L47 1029-F02-59 - 2019 NISSAN ARMADA - VIN: JN8AY2NF2K9352781 L47 1030-F02-59 - 2018 FORD F150 - VIN: 1FTEW1 E50JFC91113 L47 1031-1`02-59 - 2012 JEEP PATRIOT - VIN: 1 C4NJRBB9CD625824 L47 1032-F02-59 - 2017 FORD F250 - VIN: 1 FT7W2B61 HED64792 L47 1034-F02-59 - 2019 FORD F250 - VIN: 1 FT7W2B68KED80138 L47 1035-F02-59 - 2018 FORD F150 - VIN: 1 FTEW1 E59JFE59864 L47 1036-F02-59 - 2021 JEEP GLADIATOR - VIN: 1 C6JJTAG1 ML595760 L47 1037-F02-59 - 2021 JEEP GLADIATOR - VIN: 1 C6JJTAG3ML595761 L47 1039-F02-59 - 2022 KIA SOUL - VIN: KNDJ23AUXN7173606 L47 1040-F02-59 - 2021 FORD F150 - VIN: 1 FTFW1 E83MKE86844 L47 1041-F02-59 - 2020 FORD F250 - VIN: 1 FT7W2BN3LED1 5450 L47 1042-F02-59 - 2023 JEEP GLADIATOR - VIN: 1 C6JJTAG6PL530424 Page 2 of 2 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 100436 Packet Pg. 936 16.B.3.w 19:1R24'IIle] *14Ly�I401111[f]:/_10[r *IN:IA1411111[WM94=F—' =1:MMelk Key_1:I41111111111MA PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY — If required by written contract or agreement, effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance, and any insurance or self-insurance maintained by such additional insured(s) shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. GO 0216 — 4YP 10-17 Includes Copyrighted Material of Insurance Services Office, Page 1 of 1 Inc. with its permission Packet Pg. 937 16.B.3.w THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART I•Yd:l:1Bill 4:4 Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION — If required by written contract or agreement, we waive any right of recovery we may have against any entity that is an additional insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" performed under a contract with that person or organization. All other terms and conditions remain unchanged. GO 0218 — 4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission Packet Pg. 938 16.B.3.w 19:1R24L,IIle] ZIN4�il4L, III its]:/_1L,[cl*19:I=119711111[WA94=F-' =1N=F-101111Ke1_1:411111111MA ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule above, but only with respect to liability caused, in whole or in part, by your operations performed for the additional insured(s), or premises owned by or rented to you. GO 2212 — 4YA 10-17 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission Packet Pg. 939 16.B.3.w COMMERCIAL GENERAL LIABILITY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products -completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 1 of 2 Packet Pg. 940 16.B.3.w C. With respect to the insurance afforded by this endorsement, exclusion I. Damage To Your Work of Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". D. With respect to the insurance afforded to these additional insureds, the following is added to Section II - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. E. With respect to the insurance afforded by this endorsement, Section IV - Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. Paragraph 4. of Section IV - Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 2 of 2 Packet Pg. 941 COMMERCIAL GENERAL LIAB 16.B.3.w CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU t m H z w i O U M r M N C d E t R .r r a © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 942 16.B.3.w With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 943 16.B.3.w b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 944 16.B.3.w b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 945 16.B.3.w 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you Q have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 946 16.B.3.w b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 947 16.B.3.w advertising injury arising out of their willful conduct, which is defined as the purposeful or willful inte cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 948 16.B.3.w P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 949 16.B.3.w WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. Missouri Special Note: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Per Policy Minimum Waiver Premium by State: of ti AL, AR, CA, CO, CT, DC, HI, ID, IL, IN, IA, KS, ME, MD, MI, MN, MS, MT, NV, NM, OH, OK, OR, PA, RI, SC, SD, UT, VT, WA, c` $500: WV $250: t AK, DE, LA, NY, TN, VA $100: NC (per waiver) $50: WI N/A: AZ, FL, GA, KY, MA, MO, NE, NH, NJ, TX W O U This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Ln (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) r Endorsement Effective 06/02/23 Policy No. T10230928 Endorsement No. 6 N Insured Earth Tech Environmental LLC Policy Effective Date 06/02/23 c Insurance Company StarStone National Insurance Company E CnuntPrsicrnPcf Rv WC000313 (Ed. 04-84) © Copyright 1983 National Council on Compensation Insurance, Inc. All Rights Reserved Packet Pg. 950 I 16.B.3.x I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE IN 1/23/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Team Acentria Insurance - Ft. Myers PHONE FAX 11215 Metro Parkway, Bldg 1 Ste 4 AIC No Ext : 239-939-1010 A/C No): 239-939-7172 Fort Myers FL 33966 ADDRESS: coifm@acentria.com INSURER(S) AFFORDING COVERAGE NAIC # License#: L100460 INSURERA: American National Lloyds Insurance Company 10043 INSURED ENVIRES-01 INSURER B : Auto -Owners Insurance Company 18988 Environmental Restoration Consultants, Inc. 24571 Redfish St INsuRERc: Technology Insurance Company, Inc. 42376 Bonita Springs FL 34134 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1650604298 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM£ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 7930119570001 6/26/2023 6/26/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR TED PREMISES (Ea oDAMAGE TO ccurrence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ❑ PRO- JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 X Pollution $$1,000,000 OTHER: Pollution B AUTOMOBILE LIABILITY 5340867200 6/29/2023 6/29/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N N TWC4257913 6/26/2023 6/26/2024 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Owners/Officers Excluded from Workers Compensation Benefits: Jeffrey A. Adair Collier County Board of County Commissioners IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOWN ABOVE FOR ANY WORK PERFORMED BY COLLIER COUNTY AS REQUIRED BY WRITTEN CONTRACT. SUCH COVERAGE IS PROVIDED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AND INCLUDES A WAIVER OF SUBROGATION. 30 DAY NOTICE OF CANCELLATION. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE G� /-/ �� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 951 Policy Number: 793-01-19-57-0001 16.B.3.x THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - FORM III This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization that the Any location where required by the Named Insured agreed to add as an written contract or written agreement in additional insured in a written contract which the Named Insured agreed to add or written agreement that was fully the person or organization qualifying as executed by the Named Insured prior to an additional insured under this the performance of the Named Insured's endorsement. work that is the subject of such written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, environmental damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contractor agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance does not apply to bodily injury, property damage or environmental damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or OBENV GE 346 (01 19) Contains copyrighted material of Insurance Services Office, Inc. with its permission Copyright 2019, Intact Insurance Group USA LLC E-INSURED Page 1 of 2 Packet Pg. 952 16.B.3.x 2. That portion of your workout of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain the same. OBENV GE 346 (01 19) Contains copyrighted material of Insurance Services Office, Inc. with its permission Copyright 2019, Intact Insurance Group USA LLC Page 2 of 2 Packet Pg. 953 16.B.3.x Policy Number: 793-01-19-57-0001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that the Named Insured agreed to add as an additional insured in a written contract or written agreement that was fully executed by the Named Insured prior to the performance of the Named Insured's work that is the subject of such written contract or written agreement. Location And Description Of Completed Operations: Any location, and completed operations at such location, where required by the written contract or written agreement in which the Named Insured agreed to add the person or organization qualifying as an additional insured under this endorsement. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or environmental damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products - completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contractor agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to 1. Limits of Insurance in SECTION III - LIMITS OF INSURANCE AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain the same. OBENV GE 351 (09 20) Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 Copyright 2020, Intact Insurance Group USA LLC E-INSURED Packet Pg. 954 16.B.3.x Policy Number: 793-01-19-57-0001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies coverage under each of the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART PROFESSIONAL SERVICES LIABILITY COVERAGE PART ENVIRONMENTAL PREMISES LIABILITY COVERAGE PART PRODUCTS POLLUTION LIABILITY COVERAGE PART FOLLOW -FORM EXCESS COVERAGE PART ENVIRONMENTAL EXCESS COVERAGE PART A. Paragraph b. of the Cancellation or Non -Renewal Condition is replaced by the following: b. Cancellation Of Policies In Effect (1) For 90 Days Or Less If this policy has been in effect for 90 days or less, we may cancel this policy by mailing or delivering to the Named Insured written notice of cancellation, accompanied by the reasons for cancellation, at least: (a) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (b) 20 days before the effective date of cancellation if we cancel for any other reason, except we may cancel immediately if there has been: A material misstatement or misrepresentation; or ii. A failure to comply with the underwriting requirements established by the insurer. (2) For More Than 90 Days If this policy has been in effect for more than 90 days, we may cancel this policy only for one or more of the following reasons: (a) Nonpayment of premium; (b) The policy was obtained by a material misstatement; (c) Failure to comply with underwriting requirements established by the insurer within 90 days of the effective date of coverage; (d) A substantial change in the risk covered by the policy; or (e) The cancellation is for all insureds under such policies for a given class of insureds. If we cancel this policy for any of these reasons, we will mail or deliver to the Named Insured written notice of cancellation, accompanied by the reasons for cancellation, at least: OBENV FL 001 (09 14) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014, Intact Insurance Group USA LLC E-INSURED Packet Pg. 955 Policy Number: 793-01-19-57-0001 16.B.3.x B. C. (a) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (b) 45 days before the effective date of cancellation if we cancel for any of the other reasons stated in Paragraph b.(2). Paragraph c. of the Cancellation or Non -Renewal Condition is replaced by the following: C. We will mail or deliver our notice to the Named Insured at the last mailing address known to us Paragraph d. of the Cancellation or Non -Renewal Condition is replaced by the following: d. If this policy is cancelled, we will send the Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the Named Insured cancels, the refund may be less than pro rata. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will mail the refund within 15 working days after the date cancellation takes effect, unless this is an audit policy. If this is an audit policy, then, subject to your full cooperation with us or our agent in securing the necessary data for audit, we will return any premium refund due within 90 days of the date cancellation takes effect. If our audit is not completed within this time limitation, then we shall accept your own audit, and any premium refund due shall be mailed within 10 working days of receipt of your audit. The cancellation will be effective even if we have not made or offered a refund. The following is added to the Cancellation or Non -Renewal Condition and supersedes any other provision to the contrary: Nonrenewal If we decide not to renew this policy, we will mail or deliver to the Named Insured written notice of nonrenewal, accompanied by the reason for nonrenewal, at least 45 days prior to the expiration of this policy. 2. Any notice of nonrenewal will be mailed or delivered to the Named Insured at the last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. All other terms and conditions remain the same. OBENV FL 001 (09 14) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014, Intact Insurance Group USA LLC E-INSURED Packet Pg. 956 Policy Number: 793-01-19-57-0001 16.B.3.x THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy provided that: a. The additional insured is a named insured under such other insurance; and b. The Named Insured has agreed in writing in a contract or agreement that this insurance would: (1) Act primary to any other insurance available to the additional insured; and (2) Would not seek contribution from any other insurance available to the additional insured. All other terms and conditions remain the same. OBENV GE 319 (11 20) Contains copyrighted material of Insurance Services Office, Inc. with its permission. age o E-INSURED Packet Pg. 957 ACORN® 16.B.3.y AC� CERTIFICATE OF LIABILITY INSURANCE 71/22/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). p PRODUCER CONTACT NAME: Jennifer Angus Marsh & McLennan Agency LLC PHONE FAX 413 North Shore Drive, SW A/C No Ext : 865-588-7200 A/C No), Suite E ADDRESS: Jennifer.Angus@MarshMMA.com i Knoxville TN 37919 = INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: The Continental Insurance Company 35289 INSURED PENINIMPRO t INsuRER6: Insurance Company of the West 27847 s Peninsula Improvement Corporation INSURERC: American Guarantee and Liability Ins Co 26247 i dba Collier Environmental Services 2600 Golden Gate Parkway INSURER D : Naples FL 34105 INSURER E : s s INSURER F : s f COVERAGES CERTIFICATE NUMBER: 1145908526 REVISION NUMBER: s THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 7034287479 8/1/2023 8/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR TED PREMISES (Ea oDAMAGE TO ccurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 7034321940 8/1/2023 8/1/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ C UMBRELLA LIAB X OCCUR SXS297518423 8/1/2023 8/1/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WTE506896201 1/1/2024 1/1/2025 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: 23-8135 Exotic and Nuisance Vegetation Removal. Collier County Board of County Commissioners is included as Additional Insured on a primary and noncontributory basis when required by written contract, agreement or permit but only with respect to the General Liability and Auto Liability insurance and subject to the provisions and limitations of the policy. For any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � /.. P. �� 4. d4e,.Ad- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 958 ACORN® 16.B.3.y AC� CERTIFICATE OF LIABILITY INSURANCE 71/24/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). C PRODUCER CONTACTNAME: Charity Moser Collier Insurance Agency, LLC PHONE FAX 2600 Golden Gate Parkway A/C No Ext : 239-403-6755 A/C No), Naples FL 34105 ADDRESS: CMOSer@collierinsuranceagency.com i INSURED Peninsula Improvement Corporation dba Collier Environmental Services 2600 Golden Gate Parkway Naples FL 34105 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Evanston Insurance Company 35378 INSURER B : INSURER C INSURER D INSURER E : COVERAGES CERTIFICATE NUMBER: 1121272205 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR DAMAGE TO PREMISES( a oNcur RENTED )$ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- JECT ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Pollution Liability MKLV7ENV103766 7/30/2022 7/30/2025 Per Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 23-8135 Exotic and Nuisance Vegetation Removal. Collier County Board of County Commissioners is included as an additional insured as per written contract. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 959 o CERTIFICATE OF LIABILITY INSURANCE 16.B.3.z DATE (I 01 /22/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Donna Trout NAME: Brown &Brown of Southwest Florida, Inc aCC Ext : (239) 274-1400 AIX No): (239) 278-5306 6611 Orion Drive, Suite 201 E-MAIL Donna.Trout@bbrown.com ennPP INSURER(S) AFFORDING COVERAGE NAIC # Ft. Myers FL 33912 INSURERA: Southern -Owners Insurance Company 10190 INSURED INSURER B : Auto -Owners Insurance Company 18988 Sandhill Native Growers Inc; Sandhill Environmental Services LLC INSURER C : FFVA Mutual Insurance Co. 10385 Yacovetti Family Holdings, LLC; Yacovetti Family Holdings ll, LLC INSURER D : Evanston Insurance Company 35378 5980 SE County Road 760 INSURER E : Arcadia FL 34266-9607 INSURER F : COVERAGES CERTIFICATE NUMBER: 23-24 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREM SES Ea oNcE ence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 A Y Y 224612-20905934 06/15/2023 06/15/2024 LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO ❑ LOC JECT: MOTHER PRODUCTS-COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS Y Y 5390596500 06/15/2023 06/15/2024 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED HNON-OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LAB CLAIMS -MADE 5390593400 06/15/2023 06/15/2024 DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N /A Y WC84000344632023A 11/09/2023 11/09/2024 ER OT- /� STATUTE ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ Pollution Each Occurrence 1,000,000 D ECPENV04499 03/08/2023 03/08/2024 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Nursery Operations / Environmental Services Agreement 23-8135 - Exotic and Nuisance Vegetation Removal Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR, Collier County are additional insured with respect to the general liability and automobile liability policies, on a primary and non-contributory basis, as required by written contract. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners Attn: Osmanis Nieves 3295 Tamiami Trail E. C-2 Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 960 WOOD&WE-01 16.B.3.aa M/DD/YYYY) '4coRo CERTIFICATE OF LIABILITY INSURANCE F-AT1123/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement or 0 this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 0 PRODUCER CONTACT NAME: d PHONE FAX (A/C, No, Ext): (850) 386-1111 (A/C, No): (850) 385-9827 O Hub International Florida 1117 Thomasville Road ADDRESS: Tallahassee, FL 32303 INSURERS AFFORDING COVERAGE NAIC # to � INSURER A: Homeland Insurance Company of New York 34452 INSURED INSURER B: Atlantic Specialty Ins. Co. 27154 i Woods & Wetlands, Inc. 31895 V INSURER C : American Interstate Insurance Company INSURER D : 18731 Durrance Rd fC North Fort Myers, FL 33917 N INSURER E : INSURER F : Z COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD YYY POLICY EXP MM DD YYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS -MADE X OCCUR X X 793012893-0000 10/26/2023 10/26/2024 DAMAGE TO RENTED PREMISES Ea occurrence 300,1 $ MED EXP (Any oneperson) $ 10,1 PERSONAL & ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 POLICY �! PECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,1 $ OTHER: B AUTOMOBILE LIABILITY COaMacBINED SINGLE LIMIT cident E $ 1,000,1 BODILY INJURY Perperson) $ ANY AUTO X X 793012892-0000 10/26/2023 10/26/2024 OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,1 AGGREGATE $ 5,000,1 EXCESS LIAB CLAIMS -MADE 793012894-0000 10/26/2023 10/26/2024 DED X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE X OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A AVWCFL3221852023 10/26/2023 10/26/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,1 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,1 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,1 $ B Inland Marine B5JH28906 10/26/2023 10/26/2024 Leased/Rented 350,1 A Pollution 793012893-0000 10/26/2023 10/26/2024 Per Claim & Aggr ea 1,000,1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Compensation includes Longshore and Harbor coverage. Collier County Board of County Commissioners is Additional Insured & both Primary & Non-contributory terms apply for General Liability & Auto Liability. Waiver of Subrogation applies for General Liability, Auto Liability & Workers' Compensation, when required in a written contract or agreement with the Insured, as per the terms & conditions of the policy endorsements. Umbrella (or Excess) coverage is subject to the terms & conditions of the aforementione underlying policy endorsements of General Liability, & Auto Liability. 30 day NOC applies to General Liability. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 961 AqLT ENVIRONMENTAL RESTORATION EXOTIC AND NUISANCE VEGETATION REMOVAL BID NUMBER: IFQ 23-8135 BID OPENING: July 12, 2023 @ 3:OOPM Collier County Board of County Commissioners Procurement Services Division 3295 Tamiami Trail East, Bldg C-2 Naples, Florida 34112 Submitted By: A+ Environmental Restoration, LLC 4346 SW Hull Avenue Arcadia, FL 34269 (863) 494-7585 Z ENVIRONMENTAL RESTORATION COVER LETTER ENVIRONMENTAL RESTORATION Collier County BOCC Procurement Services Division 3295 Tamiami Trail East, Bldg C-2 Naples, FL 34112 RE: IFQ 23-8135 — Exotic and Nuisance Vegetation Removal To Whom It May Concern: A+ Environmental Restoration, LLC is a family -based business that knows the importance of protecting our land for our future generations to enjoy. Our company was founded in 2014, but the staff and owners have many years of established experience working within the dynamic Florida environment. Our motto is "Great organizations are built with great people, excellent work, and a culture of safety." Our company is owned by Jordan Deriso (President/Treasurer) and Lauren Deriso (Vice President/Secretary). The company has four divisions: Civil Construction, Electrical, Solar Vegetation Management, and Ecosystem Restoration. Within our ecosystem restoration department, our division manager is Dave Peight. We have 2 estimators, Joel Diaz and Alfonso Moran Trejo and our administrator is Rebecca Pigg. Collier County's main point of contact will be Rebecca Pigg and her information is listed below. Contact: Rebecca Pigg Phone Number: (863) 494-7585 Email: REBECCA,(gZAPERLLC.COM, Thank you for taking the time to consider the A+ Environmental Restoration, LLC for this IFQ. We hope that the attached documents prove that our team is well qualified for this IFQ- If you should have any questions, then please feel free to contact me at the number/email address listed below. Sincerely, Jordan Deriso, President 4346 SW Hull Avenue Arcadia, FL 34269 Z ENVIRONMENTAL RESTORATION EXPERIENCE AND CAPACITY OF J 1:1►' EXPERIENCE AND CAPACITY OF THE FIRM AI ENVIRONMENTAL RESTORATION COMPANY BACKGROUND There are a plethora of conservation lands throughout the State of Florida. With millions of acres of Florida land deemed as public/private conservation, it is essential that we protect the native vegetation growing within these lands and remove the exotic/nuisance vegetation that is trying to overtake it. A+ Environmental Restoration, LLC is a family - based business that knows the importance of protecting our land for our future generations to enjoy. Our company was founded in 2014, but the staff and owners have many years of established experience working within the dynamic Florida environment. Our motto is "Great organizations are built with great people, excellent work, and a culture of safety." A+ Environmental Restoration, LLC is a financially stable company. We have a bonding program of $5,000,000 single job and an aggregate work program in excess of $10,000,000 with FCCI Insurance Company which carries an A (Excellent) rating with A.M. Best. We are in good standing with the State of Florida and have never been terminated from a contract. A+ Environmental Restoration, LLC is considered a large business with an average of $16 million in revenue over the last 3 years. We strive to go above and beyond our Client's expectations. We have completed several ecosystem restoration projects throughout Florida. Below is a map that shows the locations of a few of our projects over the past 5 years (green dots). Our past experience has been with private, state government, and local government agencies. Our past projects have included both aquatic and terrestrial exotic/nuisance vegetation treatment, canal maintenance, ditch clearing and spraying, selective mechanical vegetation removal, bare -root harvesting, native planting, and ongoing maintenance. As a result of our continued growth, we had to move our operations into a new facility in October 2017. Our office is still centrally located in Arcadia, Florida. Our office now sits on approximately 8 acres with a 2,500 square -foot office and a 3,600 square -foot shop. This large facility allows us to store our fleet of equipment and also will allow us to expand and begin growing native plants at our own nursery. We have the necessary staff, licenses, and experience to perform the invasive plant species treatment for Collier County. EXPERIENCE AND CAPACITY OF THE FIRM ENVIRONMENTAL RESTORATION ✓ 'i `�-:tee � , _ L i7.. COUHI'IES A�tylantic + N mexxo w.nmv faurryname a stn�wn,i • • •• v iwrv- sswaw �., n itn w, A+ Environmental Restoration, LLC has over 100 employees and we are constantly cross -training and certifying our staff. We currently have 8 staff that are certified commercial herbicide applicators with the Florida Department of Agriculture and Consumer Services (FDACS) in the Natural Areas and/or Aquatic categories. EQUIPMENT FIRM NAME: A+ Environmental Restoration, LLC EQUIPMENT LIST Equipment Type Year Make Model Owned Leased Chainsaws stihl Ms261 x Machetes x Weedeaters stihl Fs240 x Mini skid steer 2014 vermeer S800tx x Skid steer 2016 kubota Svl95-2 x Mini excavator 2018 kubota Kx057-4 x Excavator 2017 kobelco Sk210lc x Utv 2018 kubota Rtv-x900 x Utv 2018 kubota Rtv-x900 x Homemade swamp buggy Home made Home made x Trancher 2015 vermeer Rt100 x Forestry equipment 2011 tigercat 724e X Forestry equipment 2007 tigercat 620c x Forestry equipment 2008 tigercat M726e x Road grader 1980 John deere Jd570a x Atv 2021 honda Trx520 x EXPERIENCE AND CAPACITY OF THE FIRM AT ENVIRONMENTAL RESTORATION tractor 2017 Case farmall F80n X Tractor 2017 Case farmall 120c x airboat 2013 Gto performance Evj17 x Boat 1997 Carolina skiff 19ft Carolina skiff x Backpacks chemical sprayers Strongway pro 61800 x Several Trucks Misc Misc Misc X PROJECT EXAMPLES Project Client Start Date Original Final End Original Final Project Number Description Name End Date Date Project Amount of Amount Change Orders Exotic FWC 2/1/23 3/1/23 3/1/23 $120,400.00 $120,400.00 0 Treatment at Everglades WMA (See Below) Big Cypress NPS 1/28/22 4/1/22 4/1/22 $407,238.00 $407,238.00 0 Melaleuca Treatment (See Below) Twin Eagles Collier 5/28/2020 7/15/2020 7/15/2020 $331,439.96 $331,439.96 0 Canal County Maintenance (See Below) Rookery Bay — DEP 12/3/2019 1/10/2020 1/10/2020 $48,313.82 $48,313.82 0 Henderson Creek Exotic Maintenance Coral Creek Charlotte December January January $42,920.00 $42,950.00 0 Flow County 2017 2018 2018 Enhancement EVERGLADES WMA A+ Environmental Restoration has been a contractor on the FWC — Uplands Invasive Plant Treatment contract since 2018. We have done a total of over $5,000,000.00 in revenue under this contract. One of the projects that we completed was for the Everglades & Francis S. Taylor Wildlife Management Area (WMA). A+ Environmental Restoration was contracted by FWC to treat Old World Climbing Fern within 3,908 acres of the Everglades & Francis S. Taylor WMA. Work was completed within the Water Conservation Area (WCA) 3A South portion (north of Tamiami Trail and south of Alligator EXPERIENCE AND CAPACITY OF THE FIRM ENVIRONMENTAL RESTORATION Alley). Our experienced crew systematically traversed the entire project site utilizing airboats and made sure all transects were spaced less than 25 meters apart. All Lygodium spp. Infestations were chemically treated with an aquatic approved Glyphosate (3%) herbicide mixture. They were treated with both a foliar treatment method and poodle -cut treatment method. Each infestation was marked with a GPS waypoint. All GPS waypoints and tracks were submitted to the FWC site manager on a weekly basis. All crew hours, species treated, herbicide used, dates worked, etc. were entered into the TIERS system on a weekly basis. A+ Environmental Restoration completed this work using airboats. All work was completed on -time and under budget. Alfoso Moran Trejo was the licensed applicator on this project. BIG CYPRESS MELALEUCA TREATMENT A+ Environmental Restoration was contracted by FWC to treat Melaleuca within 1,794 acres of the Big Cypress National Preserve. Our experienced crew systematically traversed the entire project site. All Melaleuca Infestations were chemically treated with an aquatic approved Garlon 3A (12%) herbicide mixture. They were treated with the cut - stump method. Each infestation was marked with a GPS waypoint. All GPS waypoints and tracks were submitted to the FWC site manager on a weekly basis. All crew hours, species treated, herbicide used, dates worked, etc. were entered into the TIERS system on a weekly basis. Additionally, we had to keep a stem count of all the trees treated. A+ Environmental Restoration completed this work using machetes, squirt bottles, backpack sprayers, and a swamp buggy. All work was completed on -time and under budget. Joel Diaz was the licensed applicator on this project. TWIN EAGLES CANAL MAINTENANCE Canal maintenance work which consisted of: maintenance of traffic, erosion May — July 2020 control, Joel Diaz tree/vegetation/debri Pawel Brzeski (Crew Twin Eagles Canal s clearing & removal, Pawel.Brzeski�colliercountyfl.gov Supervisor) Maintenance herbicide application, (239) 777-7773 loading/hauling & disposal of materials $331,439.96 to the County Landfill, final grading, and overall site cleanup EXPERIENCE AND CAPACITY OF THE FIRM ENVIRONMENTAL RESTORATION ROOKERY BAY — HENDERSON CREEK MAINTENANCE Climbing cassia, Melaleuca, Brazilian pepper, Old December 2021 —January 2022 Dave Peight Rookery Bay — world climbing Exotic (Project Manager) Powerline fern, Earleaf Vegetation Jared Franklin (DEP) Road acacia, Java Treatment Jared.Franklin(c�dep.state.fl.us Maintenance plum, Downy on 500 Joel Diaz 239-530-5944 (Collier rose -myrtle, Acres Miguel Chagolla County, FL) Shoebutton $129,043.50 Josue Marta ardisia, (Supervisors) Australian pine, Wedelia, Peruvian primrosewillow CORAL CREEK A+ Environmental Restoration, LLC was contracted with Charlotte County to perform the clearing, removal, and disposal of all nuisance and exotic vegetation on 18 acres for the Coral Creek Flow Enhancement — Vegetation Removal. The work consisted of clearing approximately 18 acres of land in accordance of the Coral Creek Habitat Restoration Project. The project site was located on the Cape Haze Peninsula in Charlotte County,FL. We performed the clearing, removal, and disposal of all nuisance and exotic vegetation including but not limited to Brazilian Pepper, Primrose Willow, Cattails, dead vegetation, and trash. All Category I and II invasive exotics as found on the Florida Exotic Pest Plant Council's 2017 List of Invasive Plant Species were treated with herbicide. We applied herbicide to all target species and we avoided non -target native species in order to leave the site in a natural condition. To treat Torpedo, Cattails, Primrose Willows we utilized the foliar backpack method using a 4% Glyphosate (Aquastar) mixture with a surfactant and blue dye additive. Additionally, we used a herbicide mixture of 15% Triclopyr amine (Garlon 3A) and 85% JLB oil mixed with blue dye to treat the Brazilian Pepper located near the mangroves. We worked closely with Kevin Erwin Consulting Ecologists, Inc. who provided the consulting work and final inspection report for the project. Z ENVIRONMENTAL RESTORATION SPECIALIZED EXPERTISE OF TEAM MEMBERS SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION A+ Environmental Restoration, LLC has over 100 employees and we are constantly cross -training and certifying our staff. We are licensed general contractors and we currently have 8 staff that are certified commercial herbicide applicators with the Florida Department of Agriculture and Consumer Services (FDACS) in the Natural Areas/Aquatic categories (see attached licenses). We feel that empowering our staff to learn and grow will decrease our turn -over rate. Having a low turn -over rate will allow us to be more effective and efficient on our projects and this will directly benefit our Clients via our competitive pricing. Our President, Jordan Deriso, has extensive experience with working in conservation lands, canal levees, stormwater treatment areas, and restoration project lands. He founded the company in 2014 and takes great pride in leading and growing a company with small town roots. He oversees all divisions within A+ Environmental Restoration. He specializes in contract review/negotiation, field experience, technology, and providing leadership within all facets of the organization. He is a member of the FLEPPC (Florida Invasive Species Council) and is a master mechanic. He is a licensed herbicide applicator (CM # 26990) in natural areas, aquatic, and right-of-way within the State of Florida. Our ecosystem restoration division manager, David Peight, was hired by A+ Environmental Restoration, LLC in 2019. He has 15+ years experience with working in conservation lands, forestry, canal levees, stormwater treatment areas, and restoration project lands. Prior to working at A+ Environmental Restoration, he owned his own forestry company. He is responsible for hiring and training all our equipment operators and can also perform repairs on all our equipment. His expertise is with identifying non- native vegetation and look -alike vegetation, training crew, GPS mapping, mixing herbicide in accordance with the EPA label, protecting native vegetation, planting native vegetation, selecting planting palettes, and mechanical/manual removal of exotic/nuisance vegetation within both aquatic and terrestrial sites. David has managed multiple crews and trained several employees on proper procedures and protocols for terrestrial vegetation spraying, aquatic vegetation control, mechanical vegetation removal, native planting, and mowing projects. He is a member of the FLEPPC (Florida Exotic Pest Plant Council) and understands the importance of expanding his knowledge within this ever - changing field of work. He is a licensed herbicide applicator (CM # 26991) in natural areas, aquatic, and right-of-way within the State of Florida. Dave will be responsible for estimating all the projects for the Lake Worth Drainage District and he will manage all the projects. It will be his responsibility to schedule the crew and assign the crew supervisors/equipment operators for the project. Our ecosystem restoration administrator, Rebecca Pigg, will be responsible for contract management. Her operations experience is with contract management, tracking project budgets, project coordination, purchasing, invoicing, facilitating communication, and SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION general administrative work. She will be the direct point of contact for Collier County and will ensure that all project expectations are met or exceeded. Our ecosystem restoration department estimators are Joel Diaz and Alfonso Moran Trejo. Joel Diaz (Estimator/Certified Commercial Applicator) Joel Diaz began working as a crew supervisor with A+ Environmental Restoration, LLC in May 2018. He has extensive experience with aquatic/terrestrial vegetation control techniques, native planting, mechanical removal, identification of vegetation, using GPS units, completing paperwork, communication, reading aerial maps, herbicide application, ongoing maintenance, data safety sheets, mixing chemical, etc. on environmentally sensitive lands. Joel understands the importance of communication and team work while working within hostile terrain. He also has experience with the equipment necessary to complete the treatment of exotic/nuisance projects and he is capable of performing minor repairs onsite if necessary. Also, all our supervisors have formal airboat operations training and are CPR certified with the American Red Cross. He is a licensed herbicide applicator (CM # 23320) in natural areas within the State of Florida since 2014. Joel works out of our Arcadia, FL office location. Past Employers: EarthBalance (2014-2018) Responsibilities: Estimating,Training Crew in the Field Operations, Training Crew on Plant Identification, Training Crew on Mixing Herbicide, Training Crew on Applying Herbicide, Training on avoiding Damage to Non -target Native Species, Monitoring Weather, Reporting Chemical Usage and Crew Hours JOEL'S LARGE-SCALE PROJECT EXPERIENCE PROJECT/ LOCATION SPECIES TREATED SERVICES PROJECT DATES OF SERVICES PROVIDED PRICE Highlands Hammock State Japanese climbing Exotic Vegetation October 2018 — Park (Highlands County, fern, Old world climbing Treatment on $148,044.17 November 2018 FL) fern 548.50 Acres Australian pine, Australian almond, Cogon grass, Lead Exotic Charlotte Harbor Preserve tree, Brazilian pepper,Melaleuca, Java plum, Vegetation $243,067.52 November 2018 — (Charlotte County, FL) Carrotwood, Tropical Treatment on January 2019 soda apple, Earleaf 1,067 Acres acacia, Lantana, Climbing fern SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION JOEL'S LARGE-SCALE PROJECT EXPERIENCE (con't) Cogon grass, Old world Exotic Big Cypress Seminole climbing fern, Vegetation y 2019 — January Reservation (Broward/ Melaleuca, Brazilian Treatment on $263,602.43 March 2019 Hendry Counties, FL) 1,023.50 pepper Acres Florida Panther National Cogon grass, Old world Exotic Wildlife Refuge (Collier climbing fern, Brazilian Vegetation $167,293.00 February 2019 — County, FL) pepper, Melaleuca, Treatment on April 2019 Cabbage palm 959 Acres Australian pine, Cogon Indian River Shooting grass, Japanese Exotic Range (Indian River climbing fern, Old world Vegetation $28,638.50 September 2019 — County, FL) climbing fern, Treatment on January 2020 Melaleuca, Brazilian 308 Acres pepper Brazilian pepper, Herky Huffman /Bull Cogon grass, Golden Exotic Creek Wildlife bamboo, Japanese Vegetation October 2019 — Management Area climbing fern, Old world Treatment on $137,222.39 January 2020 (Osceola County) climbing fern, 2,375.99 Rattlebox, Caesar's Acres weed, Smut grass Highlands Hammock Japanese climbing fern, Old world climbing Exotic Vegetation $196,433.01 January 2020 — (Highlands County, FL) fern Treatment on March 2020 698.73 Acres Melaleuca, Brazilian Exotic Wild Turkey Strand (Lee pepper, Old world Vegetation $59,381.58 August 2020 — County, FL) climbing fern, Peruvian Treatment on December 2020 primrosewillow 502 Acres Mimosa, Coral ardisia, Camphor tree, Chinese Beaverdam Creek privet, Japanese Exotic Apalachicola River Water honeysuckleJapanese climbing Vegetation $18945842 ,. September 2020 — Management District fern, Chinaberry, Treatment on October 2020 (Liberty County, FL) Small -leaved 335.04 Acres spiderwort, Chinese tallow, Citrus trifoliata Old world climbing fern, Exotic Myakka River State Park Cogon grass, Brazilian Vegetation $67,805.75 December 2020 — (Sarasota County, FL) pepper, Melaleuca Treatment on January 2021 624.75 Acres SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION Alfonso Moran Trejo (Certified Commercial Applicator) Alfonso Moran Trejo began working as a crew supervisor with A+ Environmental Restoration, LLC in July 2018. He has extensive experience with aquatic/terrestrial vegetation control techniques, native planting, mechanical removal, identification of vegetation, using GPS units, completing paperwork, communication, reading aerial maps, herbicide application, ongoing maintenance, data safety sheets, mixing chemical, etc. on environmentally sensitive lands. Alfonso understands the importance of communication and team work while working within hostile terrain. He also has experience with the equipment necessary to complete the treatment of exotic/nuisance projects and he is capable of performing minor repairs onsite if necessary. Also, all our supervisors have formal airboat operations training and are CPR certified with the American Red Cross. He is a licensed herbicide applicator (CM # 23888) in natural areas within the State of Florida since 2014. Alfonso works out of the Arcadia, FL office location. Past Employers: EarthBalance (2014-2018) Responsibilities: Estimating,Training Crew in the Field Operations, Training Crew on Plant Identification, Training Crew on Mixing Herbicide, Training Crew on Applying Herbicide, Training on avoiding Damage to Non -target Native Species, Monitoring Weather, Reporting Chemical Usage and Crew Hours ALFONSO'S LARGE-SCALE PROJECT EXPERIENCE PROJECT/ SPECIES TREATED SERVICES PROJECT DATES OF SERVICES LOCATION PROVIDED PRICE Four Creeks State Exotic Forest (Nassau Camphor tree, Vegetation $69,838.96 September 2018 — County, FL) Chinese tallow Treatment on October 2018 440 Acres Highlands Japanese climbing Exotic October 2018 — Hammock State fern, Old world Vegetation $148,044.17 November 2018 Park (Highlands climbing fern Treatment on County, FL) 548.50 Acres Australian pine, Australian almond, Cogon grass, Lead tree, Brazilian Charlotte Harbor pepper, Melaleuca, Exotic November 2018 — Preserve Java plum, Vegetation $243,067.52 January 2019 (Charlotte County, Carrotwood, Tropical Treatment on FL) soda apple, Earleaf 1,067 Acres acacia, Lantana, Japanese climbing fern, Old world climbing fern SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION ALFONSO'S LARGE-SCALE PROJECT EXPERIENCE (con't) PROJECT/ SPECIES SERVICES PROJECT DATES OF SERVICES LOCATION TREATED PROVIDED PRICE Sun-N-Lake Cogon grass, Exotic Vegetation November Preserve Japanese climbing Treatment on $57,815.20 2018 (Highlands fern, Old world 386.25 Acres County, FL) climbing fern Big Cypress Cogon grass, Old Seminole world climbing Exotic Vegetation January 2019 — Reservation fern, Melaleuca, Treatment on $263,602.43 March 2019 (Broward/ Hendry Brazilian pepper 1,023.50 Acres Counties, FL Cogon grass, Old Florida Panther world climbing Exotic Vegetation National Wildlife fern, Brazilian Treatment on 959 $167,293.00 February 2019 Refuge (Collier pepper, Acres — April 2019 County, FL) Melaleuca, Cabbage palm Rosary pea, Umbrella tree, Brazilian pepper, Australian pine, Archie Carr Beach scaevola, Exotic Vegetation September National Wildlife Beach vitex, Air Treatment on 298 $75,537.04 2019 — January Refuge (Brevard potato, Natal Acres 2020 County, FL) grass, Sisal hemp, Lantana, Wedelia, Guinea grass, Carrotwood, Cogon grass Chuluota Coral ardisia, Wilderness Area Sword fern, Old Exotic Vegetation (Seminole world climbing Treatment on 255 $39,504.86 October 2019 County, FL) fern, Japanese Acres climbing fern Everglades & Francis S. Taylor Wildlife Old world climbing Exotic Vegetation October 2019 — Management fern Treatment on $136,428.28 November Area (Broward, 3,908 Acres 2019 Miami -Dade Counties, FL) SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION ALFONSO'S LARGE-SCALE PROJECT EXPERIENCE (con't) PROJECT/ SPECIES SERVICES PROJECT DATES OF SERVICES LOCATION TREATED PROVIDED PRICE Melaleuca, Wild Turkey Brazilian pepper, Exotic Vegetation August 2020 — Strand (Lee Old world climbing Treatment on 502 $59,381.58 December County, FL) fern, Peruvian Acres 2020 primrosewillow Florida Panther Exotic Vegetation National Wildlife Cogon Grass Treatment on 341 $55,862.62 August 2020 — Refuge (Collier April 2021 County, FL)Acres Everglades & Francis S. Taylor Wildlife Old world climbing Exotic Vegetation February 2021 Management fern Treatment on $139,605.09 — March 2021 Area (Broward, 3,999 Acres Miami -Dade Counties, FL) Additionally, A+ Environmental Restoration has 4 licensed crew supervisors (Evelio Diaz, Miguel Chagolla, Josue Marta, and Jose Luis Alvarez) and 2 equipment operators (Taylor Leach and Wade Cooper) that will directly manage the crew onsite for the Collier County projects. Our 4 licensed supervisors are all licensed herbicide applicators via the Florida Dept of Ag and Consumer Services in the Natural Areas and/or Aquatics categories. Each supervisor/operator has extensive experience working in conservation lands, restoration project lands, stormwater treatment areas, and canal levees. All supervisors have thorough training and experience with aquatic/terrestrial vegetation control techniques, identification of vegetation, equipment safety, selective mechanical vegetation removal, using GPS units, completing paperwork, communication, reading aerial maps, herbicide application, ongoing maintenance, MSDS sheets, native planting, bare -root harvesting, mixing chemical, monitoring weather/wind speed, personal protective equipment, etc. within environmentally sensitive projects. Their responsibilities will include: Daily Onsite Safety/Strategy Meetings, Training Crew in the Field Operations, Plant Identification, Mixing Herbicide, Applying Herbicide, Avoiding Damage to Non -target Native Species, Monitoring Weather, Systematically Traversing the Project Site, Utilizing GPS Units, Reporting Chemical Usage and Crew Hours. With their work experience, they understand the importance of communication and team work while working within hostile terrain. All our crew have worked on multiple contracts for the Florida Fish and Wildlife Conservation Commission, Florida Department of Environmental SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION Protection, South Florida Water Management District, Martin County, Manatee County, Charlotte County, Lee County, and Collier County. Miguel Chagolla (CM# 23931) - He was hired by A+ Environmental Restoration, LLC in 2017. Miguel has been a licensed commercial herbicide applicator in the Natural Areas Category since 2015. He has over 15+ years with experience in environmental restoration projects. He was the crew supervisor for several of our canal/waterways projects that we completed under our Lee County - Canal and Waterway Maintenance contract. A couple of these projects included the Orange River Debris Removal and Papaya & Ascott Canals Vegetation Removal jobs. The Orange River Debris Removal and Papaya & Ascott Canals projects involved clearing fallen trees/branches that had blocked the flow of the river/waterways after a storm. These projects included chainsaws, machetes, a john boat, backpack sprayers, ATVs, and a skidsteer with a grinder attachment. Josue Marta (CM# 25882) - He was hired by A+ Environmental Restoration, LLC in 2018. Josue has been a licensed commercial herbicide applicator in the Natural Areas Category since 2019. He was the crew supervisor on both the Sumter County - Canal Clearing and Spraying projects that we completed. The work consisted of cleaning, spraying, and restoration on-48,760 linear feet of canals within the Sumter County canal system. We utilized chainsaws, machetes, backpack sprayers, ATVs, and a skidsteer for this project. Josue was also the crew supervisor for the Lee County - Coyle Road Tributary Vegetation Removal project. The Coyle Road project involved Removal of nuisance vegetation and debris from top of the bank to the creek along -1,275 linear feet portion of the creek. Evelio Diaz was hired by A+ Environmental Restoration, LLC in 2018. He has been an equipment operator on the majority of our selective mechanical removal projects. His knowledge includes equipment operating, safety, and minor onsite repairs when necessary. He worked with Joel Diaz on the Collier County - Twin Eagles Canal Maintenance project and he also was the equipment operator for the Papaya and Ascott Canals, Chapel Branch and Popash Creek Debris Removal, and Coyle Road Tributary Vegetation Removal projects. Evelio has also been the equipment operator on the Yucca Pens and Seminole Tribe of Florida projects which included selective mechanical vegetation removal on several hundreds of acres. And, Evelio Diaz just received his commercial herbicide applicator license in Natural Areas (CM# 27827). Taylor Leach was hired by A+ Environmental Restoration, LLC in 2019. He worked with David Peight when he owned his forestry company and has 10+ year experience as a heavy equipment operator. His knowledge includes equipment operating, safety, and minor onsite repairs when necessary. He was the crew supervisor/equipment operator on both the Collier County - Corporate Flight and City of Altamonte Springs - Little Wekiva River Tree Removal projects. The Corporate Flight project was canal SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION maintenance work which consisted of: maintenance of traffic, erosion control, tree/vegetation/debris clearing & removal, herbicide application, loading/hauling & disposal of materials to the County Landfill, final grading, and overall site cleanup. The equipment utilized were skidsteers, excavators, ATVS, construction matting, backpack sprayers, machetes, chainsaws, etc... The Little Wekiva River Tree Removal project restored the functionality of the Little Wekiva River in order to aid in conveyance of storm water from the watershed, aid in storm water management, and to reduce the potential for flooding of adjacent properties. The work consisted of cleanup of storm debris in the river (stream, channel, canal, waterway, etc.) areas by the removal and disposal of trees, logs, stumps, brush, tops, blockages, rubbish, and debris deposited in—15,745 linear feet of the river. The equipment utilized was a marsh master boat, john boat, chainsaws, machetes, and skidsteer. Wade Cooper was hired by A+ Environmental Restoration, LLC in 2019. His knowledge includes equipment operating, safety, and minor onsite repairs when necessary. He was the equipment operator on our Collier County — Resource Recovery project. This project was clearing and grubbing on —23 acres. We also have trained crews working side -by -side all of our supervisors in order to complete our exotic treatment projects. All our crews wear the necessary personal safety equipment in order to reduce the risk of accidents. An onsite safety meeting will be conducted every morning to make sure that all crew has an understanding of the work to be performed and the required personal safety equipment needed. Our personal equipment include safety glasses, long -sleeve orange shirts, boots, chaps, etc. All chemical will be mixed at the designated locations and in accordance to the EPA label. For Quality Control / Quality Assurance purposes, our herbicide is only mixed by our licensed applicators or crew leaders. We are also conscientious about the type of water that we use to mix our herbicide. From experience, water with high alkalinity or hardness may bind and inactivate certain herbicides and should not be used for mixing. We also have enclosed trailers and truck bed cages for onsite herbicide storage. Type of License Person License Number State of Florida Corporation (LLC) Company EIN # 81-0876194 DUNS Number Company 080456324 SAM Registration/Cage Code # Company 7WQ33 General Contractors License Company CGC 1524978 SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION Electrical Contractors License Company EC 13004816 FDOT Maintenance of Traffic JC Deriso Certificate # 67043 FDOT Maintenance of Traffic 12 Additional All Available Upon Certifications Request Certificate of Nursery Registration JC Deriso Registration # 48019357 FNGLA Certified Landscape David Peight Certificate # T9351642 Technician Florida Green Industries Best Rogelio Rivera Certificate # GV909278-1 Management Practices (FDEP) DEP — Certified Stormwater David Peight Inspection # 48041 Management Inspector E-Verify Registration Company Company ID # 1170717 Commercial Fertilizer Applicator (FL Rogelio Rivera LF281379 Dept of Ag and Consumer Svs) Commercial Applicator License Jordan Deriso CM # 26990 (Aquatic, Natural Areas, ROW) Commercial Applicator License David Peight CM # 26991 (Aquatic, Natural Areas, ROW) Commercial Applicator License Joel Diaz CM # 23320 (Natural Areas) Commercial Applicator License Josue Marta CM # 25882 (Natural Areas) Commercial Applicator License Alfonso Trejo CM # 23888 (Natural Areas) Commercial Applicator License Miguel Chagolla Cortez CM # 23931 (Natural Areas) Commercial Applicator License Jose Luis Alvarez CM # 27940 (Natural Areas) Commercial Applicator License Evelio Diaz CM # 27827 (Natural Areas) A+ Environmental Restoration, LLC provides hands-on approach throughout the pre- commencement/initiation, execution, and follow-up phases of all projects. Our training program begins with field experience and then we promote our employees from within based on their performance on our projects. Below are the highlighted sections of our standard operating processes and procedures for our projects: SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION Pre-commencement/Initiation • Once a contract is signed or purchase order is issued, our division manager (Dave Peight) coordinates with the Client on the site conditions, expectations, and an anticipated start date. • Once we have details on our Clients' needs, then our manager communicates with our administrator on scheduling, purchasing, equipment, etc... • Based on the schedule, our division manager will be able to decipher who the licensed crew supervisor will be for the project. Once a crew supervisor is decided, then we send all the project information to them. This information includes the location of the project, estimated schedule/timeframe, scope of work, special instructions, maps, GPS tracks/information, equipment needs, chemical requirements/restrictions, target vegetation, treatment strategies, lodging information, safety information, personal protection equipment (PPE) required, decontamination protocol, EDRR species as listed on the https://www.floridainvasives.org/edrr.cfm website, and paperwork requirements. • We utilize Microsoft software to communicate with all staff. We have a onedrive to upload all necessary project documentation. Also, we use excel to keep an equipment and crew schedule daily. • Clean the necessary large equipment with a pressure washer. All surfaces must be sprayed down including the undercarriage and tires. All mud, vegetative debris, leaves/branches, and other debris must be cleared and removed. • Clean the necessary hand-held equipment such as chainsaws, machetes, clippers, etc. must be wiped down and cleared of any debris. We normally utilize a sponge and bucket with water/bleach to perform this task. Project Execution • A+ Environmental Restoration, LLC has daily morning meetings on each of our project sites. We believe that clear communication is the key to effectively and efficiently complete our projects. During our daily site meeting, we discuss our strategies and areas that we are going to be performing work in for the day. We make sure that all our employees have the necessary PPE and equipment. The supervisors always have plenty of cold water, sunscreen, insect repellents, a telephone with weather app to check the weather alerts due to the sometimes hostile terrain (see safety protocol below). • Our licensed crew supervisors know how to read aerial maps and use GPS units with project boundaries. They typically walk the project site in front of the crew and are keeping an eye out for target vegetation, look -alike vegetation, and native vegetation. The supervisor communicates with the crew and ensures that the treatment is done effectively and efficiently. The supervisor is constantly watching SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION the density of the exotic/nuisance vegetation and is communicating with the crew on how far apart they need to be for the treatment. Also, it is our crew supervisor's responsibility to monitor the weather and wind speed on the project site. No herbicide spraying will be completed during the rain and/or if it is too windy. We want to ensure that the herbicide is effective in killing the target vegetation, but we don't want to harm any other vegetation with overspray if it is too windy. Our crews utilize a tracer dye in all of the herbicide spraying mixtures. This dye allows us to easily see where we have sprayed and allows the supervisor to make sure that 100% of the exotic/nuisance vegetation is treated with herbicide. Anytime we leave a project site (lunch, end of the day, inclement weather, etc.) we mark our exact location with a GPS pinpoint so we know where we left off. • For daily record keeping, each one of our trucks has either an Acer Aspire laptop or a Samsung Tab E8 tablet. This allows our crew to take pictures onsite daily and also allows them to record the chemical being used onsite, equipment used, and species being treated via the "Fast Field Mobile Forms" software that is filled out each day. We also utilize a software program which allows us to track project budgets on a day-to-day basis. • Removal of all herbicide and adjuvant containers according to protocol. • We make sure that all areas of the project site are fully traversed and 100% of the exotic/nuisance vegetation is treated. • Decontamination protocol is followed once a project site is complete (see below). • Daily/Weekly communication with the Client to discuss the project and schedule. • Submitting forms, invoices, and GPS tracks on a daily/weekly/monthly basis based on the Client's needs. Project Closeout • A+ Environmental Restoration, LLC knows the importance to achieve a 95% control rate on vegetation treatment projects. If there are any issues with the performance of the work, then we will immediately have a meeting with the County to come up with a solution and determine the best way to prevent the issue from occurring again. SAFETY PROTOCOL A+ Environmental Restoration, LLC understands the importance of safety on all project sites. As of 7/22/22, A+ Environmental Restoration has an experience modification rate (EMR) of 0.68. We carry such a low EMIR score because we conduct safety meetings on a daily basis and communicate the importance of being aware of our surroundings while onsite. We understand the harsh conditions that come with working within the rough Florida terrain. All our crews have vast amounts of experience with working in these conditions. We diligently keep an eye on the weather and understand the importance of SPECIALIZED EXPERTISE OF TEAM MEMBERS ENVIRONMENTAL RESTORATION working as a team while working onsite. All crews are supplied with the necessary personal safety equipment needed to complete the work. The supervisors always have plenty of cold water, sunscreen, insect repellents, a telephone with weather app to check the weather alerts due to the sometimes hostile terrain. All our trucks and utility vehicles will be equipped with a MSDS book, spill kit, first -aid kit, and fire extinguisher. Although we take the necessary precautions to prevent chemical spills, each crew will be provided a spill kit for any incidents that may occur. The spill kit will contain the following items: (1) 5-gallon bucket, (2) pairs of gloves, (1) pair of goggles, (1) respirator and cartridges, (1) pair of coveralls, (10-30 Ibs) of absorbent material, (1) pint of liquid detergent, (6) polyethylene bags with ties, (1) portable eyewash kit, (1) first aid kit, (1) pair of rubber boots, and (1) apron. We are responsible for immediate work stoppage and clean-up operation in the event of any spill of herbicide, petroleum products, or other hazardous materials. We shall report any such incident to the County project manager immediately. DECONTAMINATION PROTOCOL A+ Environmental Restoration, LLC understands the importance of decontaminating our equipment to prevent the spreading of invasive species. We are diligent about cleaning our equipment and we require our crew to follow our decontamination protocol before/after every project site: • All trucks, trailers, ATV's, mowers, chippers, and all other large equipment must be thoroughly cleaned with a pressure washer after the completion of each site. All surfaces must be sprayed down including the undercarriage and tires. All mud, vegetative debris, leaves/branches, and other debris must be cleared and removed. • Equipment such as chainsaws, machetes, clippers, etc. must be wiped down and cleared of any debris. We normally utilize a sponge and bucket with water/bleach to perform this task. • When treating vine -like exotic/nuisance species, such as Lygodium, we instruct our crew to bring a change of clothes with them. Whenever we are done treating an area with Lygodium and need to move to the next, they will change into the new clothes to prevent contamination of the new area. Z ENVIRONMENTAL RESTORATION REQUIRED FORMS Co Ter C014"ty Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. ® General Bid Instructions has been acknowledged and accepted. ❑X Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. © Form 1: Vendor Declaration Statement © Form 2: Conflict of Interest Certification ❑X Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. ❑X Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. El Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal. ❑X E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. Form 5: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. ® Vendor W-9 Form. ® Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. ❑ The Bid Schedule has been completed and attached with your submittal, applicable to bids. ® Copies of all requested licenses and/or certifications to complete the requirements of the project. ❑ All addenda have been signed and attached. ❑ County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. ❑ Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. ZT ENVIRONMENTAL RESTORATION BID INSTRUCTIONS ACKNOWLEDGEMENT A+ Environmental Restoration, LLC has read the bid instructions and acknowledges and accepts them. PURCHASE ORDER TERMS AND CONDITIONS A+ Environmental Restoration, LLC has read the purchase order terms and conditions and acknowledges and accepts them. INSURANCE REQUIREMENTS A+ Environmental Restoration, LLC understands the insurance requirements and will provide a certificate if awarded the project. Co ter County Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor -and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 11 th day of July , 20 23 in the County of Desoto , in the State of Florida Firm's Legal Name: A+ Environmental Restoration, LLC Address: 4346 SW Hull Avenue City, State, Zip Code: Arcadia, FL 34269 Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: L14000157860 81-0876194 7WQ33 863-494-7585 REBECC PE PC.OM Jordan Deriso, President Additional Contact Information Send payments to: A+ Environmental Restoration, LLC (required if different from Company name used as payee above) Contact name: Darlene Davis Title: Bookeeper Address: 4346 SW Hull Avenue City, State, ZIP Arcadia, FL 34269 Telephone: 863-494-7585 Email: DARLENE( ,APERLLC.CQM Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: co*er County Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules -- The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. A+ Environmental Restoration, LLC Company Name (00�) Signature Jordan Deriso, President Print Name and Title State of Florida County of Desoto The foregoing instrument was acknowledged before me by means of N physical presence or ❑ online notarization, this 1 l th day of July (month), 2023 (year), by Jordan Deriso (name of person acknowledging). �v KRISTA MARIE VIGNE Notary Public •State of Florida Commission 7 HH 108049 • OF r My Comm. Expires Jun 29, 2025 Bonded through National Notary Assn. Personally Known OR Produced identification Type of Identification Produced (Signature of Notary Pu c) Krista Marie Vigne (Print, Type, or Stamp Commissioned Name of Notary Public) 8/11/22, 7:14 PM Detail by Registered Agent Name DIVISION OF CORPORATIONS 1 JtIrJP-) Q (� r W) a/ l(Ia/ 3rrue of Ilurlda I,vebsile Department of State / Division of Corporations / Search Records / Search by Registered Agent Name / Detail by Registered Agent Name Florida Limited Liability Company A+ ENVIRONMENTAL RESTORATION, LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 4346 SW HULL AVE ARCADIA, FL 34269 Changed: 08/15/2018 Mailing Address 4346 SW HULL AVE ARCADIA, FL 34269 L14000157860 81-0876194 10/09/2014 FL ACTIVE LC AMENDMENT 11/01/2019 NONE Changed: 01/16/2020 Registered Agent Name & Address Deriso, JORDAN 4346 SW HULL AVE ARCADIA, FL 34269 Name Changed: 11/01/2019 Address Changed: 11/01/2019 Authorized Persons) Detail Name & Address Title VICE PRESIDENT/SECRETARY DERISO, LAUREN ELIZABETH https://search.su n biz.org/Inquiry/CorporationSearch/Search ResultDetail?i nq ui rytype=RegisteredAgentName&di rectionType=PreviousList&search Nam... 1 /2 8/11/22, 7:14 PM 4346 SW HULL AVE ARCADIA, FL 34269 Detail by Registered Agent Name Title PRESIDENT/TREASURER DERISO, JORDAN 4346 SW HULL AVE ARCADIA, FL 34269 Annual Reports Report Year Filed Date 2020 01 / 17/2020 2021 03/15/2021 2022 01 /17/2022 Document Images 01/17/2022 --ANNUAL REPORT View image in PDF format 03/15/2021 --ANNUAL REPORT View image in PDF format 01/17/2020 --ANNUAL REPORT View image in PDF format 11/01/2019 -- LC Amendment View image in PDF format 04/04/2019 -- ANNUAL REPORT View image in PDF format 03/09/2018 -- ANNUAL REPORT View image in PDF format 11/10/2017 —AMENDED ANNUAL REPORT View image in PDF format 06/17/2017 -- ANNUAL REPORT View image in PDF format 05/01/2016 -- ANNUAL REPORT View image in PDF format 10/01/2015 -- LC Amendment View image in PDF format 08/25/2015 -- LC Amendment and Name Change View image in PDF format 03/16/2015 -- ANNUAL REPORT View image in PDF format 10/09/2014 -- Florida Limited Liability. View image in PDF format Florida Department of State, Division of Corporations https://search.su n biz.org/Inquiry/CorporationSearch/Search ResultDetail?i nq ui rytype=RegisteredAgentName&di rectionType=PreviousList&search Nam... 2/2 Company ID Number. 1170717 tnformdttctt;l6,quired for the E-Verify Program- ttafb,Ifttiation relatm'g'toyout Company: . Ce A+EnvimnmenW1,Restomtion LLC' npany Name 2731 SW Co Rd 667, + = as h Arcadia, FL 34266'sf' Company Facility Address s„ .. PO.Box341b,-, 44n rc Ardac➢a !Company Alterfh6te Address x a* ;- x a x" Coud4y a'Pari'sh of SOTO Employer Identification Number 31o8761s4. North American Industry Classification::Systems,Cotle Parent Company Number,bf.Einplo)e 20to9e Number of Sites Verified for 1xa Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01113 � sect v- orE-Verif Company ID Number: 1170717 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the A+ Environmental Restoration, LLC (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1170717 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1170717 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1170717 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VI of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(@dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1170717 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1170717 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1170717 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1170717 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1170717 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1170717 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1170717 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 E-Verifv- Company ID Number: 1170717 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 W� ram- . E-Veriff �y�N� o Company ID Number: 1170717 Approved by: Employer A+ Environmental Restoration, LLC Name (Please Type or Print) Title Ashley Nieto Signature Date Electronically Signed 02/15/2017 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 02/15/2017 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1170717 Information Required for the E-Verify Program Information relating to your Company: A+ Environmental Restoration, LLC Company Name 2731 SW Co Rd 661 Arcadia, FL 34266 Company Facility Address PO Box 3410 Arcadia, FL 34265 Company Alternate Address County or Parish DE SOTO Employer Identification Number 810876194 North American Industry Classification Systems Code 238 Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 1170717 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 1170717 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Joel C Deriso Phone Number (863) 494 - 7585 Fax Number Email Address jc@aplusenvironmentalrestoration.com Name Jordan Deriso Phone Number (863) 494 - 7585 Fax Number Email Address jordan@aplusenvironmentalrestoration.com Name Kayla Deriso Phone Number (863) 494 - 7585 Fax Number Email Address kayla@aplusenvironmentalrestoration.com Name Ashley Nieto Phone Number (863) 494 - 7585 Fax Number Email Address ashley@aplusenvironmentalrestoration.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 1170717 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Cwo*eer COU14ty Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify. ovn, at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (S) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"'). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. A+ Environmental Restoration, LLC Company Name Signature Jordan Deriso, President Print Name and Title State of Florida County of DeSoto The foregoing instrument was acknowledged before me by means of L.G71. physical presence or ❑ online notarization, this 1 lth day of July (month), 2023 (year), by Jordan Deriso (name of person acknowledging). 9 R ;•Y �� • KRISTA MARIc VIGNE m ,.•�. f Florida Notary Public • State o (Signature of Notary Pub ) Commission # HH 108049 ••'�'o� �,. My Comm. Expires Jun 29, 2025 • Bonded through National Notary Assn. Krista Marie Vigne (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced Co Yer COUVMY Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: A+ Environmental Restoration. LLC (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Josiah Freese (Evaluator completing reference questionnaire) Email: Josiah.Freese@MyFWC.com FAX: N/A Company: Everglades and Francis S. Taylor WMA (Evaluator's Company completing reference) Telephone: (954) 453-1781 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Exotic Treatment at Everglades WMA Completion Date: March 1, 2023 Project Budget: $120,400.00 Project Number of Days: 21 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS a Co Ye-r Covtnty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: A+ Environmental Restoration, LLC (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: William Snyder (Evaluator completing reference questionnaire) Email: william_snyder@nps.gov FAX: N/A Company: NPS (Evaluator's Company completing reference) Telephone: 23 9-285 -7564 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Big Cypress Melaleuca Treatment Completion Date: April 2022 Project Budget: $407,238.00 Project Number of Days: Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. N/A 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 90 colver County Procurement Services Division Porm 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Reference Questionnaire for: A+Environmental Restoration, LLC (Name of Company Requesting Reference Information) Rebecca PiRa Information) Name: pawel Brzeski Company: Collier County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Twin Eagles Canal Maintenance Project Budget: $331,439.96 Completion Date: July 2020 Project Number of Days: 37 Item Criteria Score must be com leted I Ability to manage the project costs (minimize change orders to scope). 1n 2 Ability to maintain project schedule (complete on -time or early). I co 3 Quality of work. 117 4 Quality of consultative advice provided on the project. 1O 5 Professionalism and ability to manage personnel. I (7 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) t 7 Ability to verbally communicate and document information clearly and succinctly. l0 8 Abiltity to manage risks and unexpected project circumstances. ( Q 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. to 10 Overall comfort level with hiring the company in the future (customer satisfaction). t TOTAL SCORE OF ALL ITEMS C0*1er 00114MY Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: A+ Environmental Restoration, LLC (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Jared Franklin (Evaluator completing reference questionnaire) Email: jared.frank) iwi_zdep.state.fl.us FAX: N A Company: DEP (Evaluator's Company completing reference) 860-689-3080 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm+individual again) and I representing that you were very unsatisfied (and would never hire the firm:'indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Henderson Creek Maintenance Project Budget: S48,313.82 Completion Date: December 2019 Project Number of Days: 17 Item Criteria Score must be completed Ability to manage the project costs (minimize change orders to scope). t 0 2 Ability to maintain project schedule (complete on -time or early). 'O 3 Quality of work. 1 4 Quality of consultative advice provided on the project. &IA- 5 Professionalism and ability to manage personnel. to 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) to 7 Ability to verbally communicate and document information clearly and succinctly. io 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. V 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS corler County Administrative Services ❑epartnent Procurement Services Division Reference Questionnaire Solicitation: Reference Questionnaire for: A+ Environmental Restoration. LLC (Name of Company Requesting Reference Information) Krista Vigne — kista(ir gplusenvironmentalrestoration.com (Name of Individuals Requesting Reference Information) Name: Randy Vowell Company: Charlotte County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: (941) 575-3653 1) 575-3680 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Coral Creek Flow Enhancement Completion Date: Dec 2017 — Jan 2018 Project Budget: $42,950.00 Project Number of Days: 60 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name A+ Environmental Restoration, LLC Date 7/11 /23 Authorized Signature EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR A+ Environmental Restoration, LLC By: I Signature Jordan Deriso, President Name and Title 4346 SW Hull Avenue Street Address Arcadia, FL 34269 City, State, Zip UEl Unique Entity Identifier (for SAM.gov verification) 7/11/23 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (C)LUER 0-DUNTY ANTICIPATED DISADVANTAGE0 , MINORITY, WONIEN OR VETERAN PARTICIPATION STATEMENT re ,7e P,;� mr �:, either pre Ae a re,,,statetrient or provide scurce docuiienwii-"on that .,3 idatez a b�e ,c- ri- ed. U i,.!er - ' a e zruz s requ 1_77 3: A. PRIME VENDOWONTRACTOR INFORMATION P Z TA E N.A NIE Z� VE : E 0f L;' R A f-.1 0 U T A+ Environmental Restoration, LLC 81-0876194 S T-i E P ,,D R 7, F E :' C "A -.,E:t E C -,WreOF -f- TF: IN-07AOPT�P ,.,NE-,E4'PLF % - y N tle E' y L T 0- N Y :? * w '. = P71: C4T L-It. T-f 1,4L L �'P,E S-7.4 710 7� I SEA, E :il f LE :1 E-E P BE? y N T h E P B, IF PRINTE HAS SUBCONTRACTOR OR SUPPUER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN., PRIME IS TO COMPLETE THIS NEXT SECTION PERCENJ OF CONTP4 C DBE V7 "'Al 5 E 5 LTkC GNTR-4 C '70P O;Z 5U;PL 1P TYP E n, F ',**'C R K 0 R ETH N,C ITY C 0 "DI SUB.�S��.iPPLIER VE I ER.4*9 N L M E 5P EC ' "I LTI� :See Be ow 1 0 �A R 4 N4 0 U 7 D 0 U.4 P.5 N/A C. ECTION TBE 'OMPLETED BY PRIME VENDOR/CONTRACTOR SO 4. NANIE CLF B %l I-r, rTL ' E 0 F 15 U 8 %,A rrr E P A+ Environmental Restoration, LLC 7/11/23 President F �*#'% EN'4h. LTICIRESS 0; --RVE (5U5;MTTE:Z" 'rEL'---H0NE %LIME�,E;� "X NUMBER REBECCA@APERLLC.COM 8.63-494-7585 N/A -h 3s jsec to tt,,rad ac, "ipor-, ant cipated DBE c, :a,-tic�paticn ii federal 'co-trac-ts -*le altic gated -.=-E or I N! BE arriowl: is Yo untar� ai-wd ;dl not become ;at c-z the c orio,a>:tua : i rms. -hiz -Fcm -n is-, be su -- -i tteC a: o" reszonse tc a -ouitv :ont,act, the -riiie tue asked to ipdate tie in;crmzidc,-� -or the gra-: ccm-"isnce - es, ID .,o ici:a-.ion f and w hen aN-varded a ETKNtCq.Y CODE NA -Pa -ific #-*rican Ap A On- 1---1' '1)': 01*fs ot-ie-: not am otle," g.rc,-jp. I :toml 0 D. SECTION TO BE COMPLETED BY COLLIER COUNTY L.. T" PoJA ::)�S F.1--' F T F 5 P o C-1 R J�=CEP7ECI BY, F EXHIBIT I - 10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION To be submitted with each bid Or offer exce ding $100.0 00 The undersigned [Contractor] certifies, to the best of his or her knowledge, that: funds have been paid or will be paid, by or on behalf of the undersigned, to any person 1. No Federal appropriated an officer for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal making of any Federal loan, the entering into of any cooperative contract, the making of any Federal grant, the m grant, agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract? loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. A+ Environmental Restoration, LLC Contractor a (Firm Na j.) Signature of Con or$ s Authorized Official Jordan Deriso, President Name and Title of Contractor's Authorized Official 7/11/23 Date EXHIBIT I - 11 M Request for Taxpayer Give Form Form (Rev. October 218% Identification Number and Certification I to the requester. Do not Department of thasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/Foi for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. A+ Environmental Restoration, LLC 2 Business name/disregarded entity name, if different from above m3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to m following seven boxes. certain entities, not individuals; see c- p ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trusysetate instructions on page 3): single -member LLC Exempt payee code (if any) o. g �' t ❑" Limited liability company. Enter the tax classification (C-C corporation, S=S corporation, P=Partnership) ► S `o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting c h .0 LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is disregarded from the for U.S. federal code rt an)-0 ( Q._ E not owner tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. .� ❑ Other (see instruct waW�ro•«o•„n«w„emoum'ae U.S.)u,• m 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 00 4346 SW Hull Ave. N 6 City, state, and ZIP code Arcadia, FL 34269 7 List account number(s) here (optional) Identification Number IT Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, seethe instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. JIMMOIDIDI0..KI Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. 'tl" I Signature of Here U.S. person I General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov1FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIM, adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date► // — 3 — 42�-/ • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099E (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later Cat. No. 10231X Form V1l-U (Rev. 10-2018) AT ENVIRONMENTAL RESTORATION Type of License Person License Number State of Florida Corporation (LLC) Company EIN # 81-0876194 DUNS Number Company 080456324 SAM Registration/Cage Code # Company 7WQ33 General Contractors License Company CGC 1524978 Electrical Contractors License Company EC 13004816 FDOT Maintenance of Traffic JC Deriso Certificate # 23681 Certificate of Nursery Registration JC Deriso Registration # 48019357 FNGLA Certified Landscape David Peight Certificate # T9351642 Technician Florida Green Industries Best Rogelio Rivera Certificate # GV909278-1 Management Practices (FDEP) E-Verify Registration Company Company ID # 1170717 Commercial Fertilizer Applicator (FL Rogelio Rivera LF281379 Dept of Ag and Consumer Svs) Commercial Applicator License Jordan Deriso CM # 26990 (Aquatic, Natural Areas, ROW) Commercial Applicator License David Peight CM # 26991 (Aquatic, Natural Areas, ROW) Commercial Applicator License Joel Diaz CM # 23320 (Natural Areas) Commercial Applicator License Josue Marta CM # 25882 (Natural Areas) Commercial Applicator License Alfonso Trejo CM # 23888 (Natural Areas) Commercial Applicator License Miguel Chagolla Cortez CM # 23931 (Natural Areas) Commercial Applicator License Dan Sullivan CM # 27006 (ROW) • We have 24 Crew Licensed as CDL Drivers • JC Deriso attended the Wedgworth Leadership Institute at the University of Florida Florida Department of Agriculture and Consumer Services Pesticide Certification Office Commercial Applicator License License # CM26991 PEIGHT, DAVID Issued: April 20, 2021 Categories 21, 6, 5A Expires: April 30, 2025 nI"l-t 4- Signature of Licensee NICOLE "NIKKI" FRIED, COMMISSIONER The above individual is licensed under the provisions of Chapter 487, F.S. to purchase and apply restricted use pesticides. -Flodb,l Depaitmell# of Agtirulturr lid Cnngtulw �babfte5 Pesticide Certification Ogee Commercial Applicator License License # CM23931 CRAGOLLA, Ild[(jI]EL CORTEZ Catel=ories 21 Issued: December 2, 2019 Expires: November 30, 2023 S stare of ICrrt sec 1OOLE "N KM' FRED. COMMISSIONER Theabove aidividual is licensed undertte piovisims.of Baptcr 487. F.S. toputrhese and apply icsmMA use pe.lici�i 11oribn amirttrlent of friiultitre ails tmunier —95triicto Pesticide Certification Office CommercialApplicalor License License # CA123320 DIAZ, JOEL Issued: November 15, 2022 Categories 21 Expires: December 31, 2026 AT ENvinoNMENrAt RESTopAnov Florida Department of Agriculture and Consumer Services Pesticide Certification Office Commercial Applicator License License # CM26990 DERISO, JORDAN Issued: April 20, 2021 Categories 21, 5A, 6 Expires: April 30, 2025 n i au 0-L d Signature of Licensee NICOLE "NIKKI" FRIED, COMMISSIONER The above individual is licensed under the provisions of Chapter 487, F.S. to purchase and apply restricted use pesticides. lloW)a AqaTtiffEw of [gri -1 r arr c ull5u r iertrr� Pesticide Cer- ifFcation Office Commercial Applicator License License # CM23888 TREJO, ALFONSO MORAN Issued: October 24, 2019 atelraries 21 Expires: October 31, 2023 qr �, n ab= a Licensee NTCOIZ "N KM' FRIED.00WlTSSIc)KM 'Ihe stout :n�vid81 ik :icenacd under the �riaoas of ^..taper 4if7, _'^S. is purrJ:aac and appiv rc snick+d use nrsuci�s. Itoriba Mepartment of 9griculture aub Consumer llkrbico Pesticide Certification Office Commercial Applicator License License # CM25882 MARTA, JOSUE MIGUEL Issued: January 19, 2023 Categories 21 Expires: January 31, 2027 Signature cf Licensee MOOLE „l = FR CO IIri1SSIONIEIt Signature of Licensee WILTON SIMPSON, COMMISSIONER The abnnr mdisidT& is homed irM the Vm,.xwm of Chapter48 F.S. m pmTha.se and apply reshiriA use The above individual is licensed under the provisions of Chapter 487, F.S. to purchase and apply resuictwi use Pam. pcsuchlcs. _ftoriba ;Department of Rgricutture anb Con5unter '�)erbiceg Pesticide Certification Office Commercial Applicator License License # CM27827 DIAZ, EVELIO 230 PROVIDENCE ST ARCADIA, FL 34266 Categories 21 Issued: February 9, 2023 Expires: February 28, 2027 Signature of Lice WILTON SIMPSON, COMMISSIONER The above individual i.s licensed under the provisions of Chapter 487. F.S. to purchase and apply restricted use pcstieides. AT EwRONMENrAL RES7oRAwN ,gtortba 0cpartmCnt of G9dCuttUU anb ConSUMtr -'%eCbttC5 Pesticide Certification Office Commercial Applicator License License # CI%127940 ALVAREZ ARTEAGA. JOSE L UTS Categories 2245B SE AND T CIRCLE ST 21 ARCADIA, FL 34266 Issued: April 26, 2023 Expires. April 3:0, 2027 Mane of Licensee � � i WILTON SiIviPSON, COMMISSIONER The above individual is licensed under the provisious (If Chapter 487. F.S. In purchase and apply mswicw use Nsticides. FDOTT This Certifies that JOEL DERISO II Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced (Refresher) Course. Date Expires: 10/31/2024 Instructor: James Ellzey A&SW Consultants, Inc. Phone: 386-788-9899 5545 Benchmark Lane Sanford&nbsp;, FL 32773 www.FloridaMOT.com nicolle@aswconsultants.com Certificate # 67043 FDOT Provider # 134 2A, Certificate of Completion JOEL DERISO II Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced (Refresher) Course. 10/31 /2024 Date Expires 134 FDOT Provider # James Ellzey Instructor A&SW Consultants, Inc. 5545 Benchmark Lane Sanford&nbsp;, FL 32773 www.FloridaMOT.com nicolle@aswconsultants.com 67043 Certificate # FDOT� For more information about Temporary Traffic Control (TTC) or to verify this certificate www.motadmin.com Ron DeSantis, Governor Melanie S. Griffin, Secretary db.1 d IWAW p STATE OF FLORIDA E P A n'rkArKl'r OF D"CIKICCC AND PROFESSIONAL I REGULATION CONSTRUCTIO THE GENERAL Col' PR0V1S10,N'9-V,F NSING BOARD ,-JFIED UNDER THE ,p �51ATUTES & -A' A! LICENSEA U MEMR4-CGIC-152 978 - EXPIRATION DATE: AUGUST 31,2024 Always verify licenses online at MyFlorlidal-icense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. I1 of Collier County Solicitation 23-8135 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal Solicitation Designation: Public Copier County Collier County 7/5/2023 6:48 AM P. 1 Collier County Solicitation 23-8135 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal Solicitation Number 23-8135 Solicitation Title Exotic and Nuisance Vegetation Removal Solicitation Start Date Jun 9, 2023 5:13:39 PM EDT Solicitation End Date Jul 12, 2023 3:00:00 PM EDT Question & Answer Jul 6, 2023 5:00:00 PM EDT End Date Solicitation Contact Leeann Charles Contract Duration Contract Renewal Prices Good for Procurement Strategist 239-252-4270 Leeann.Charies@colliercountyfl.gov 3 years 2 annual renewals Not Applicable Solicitation Comments Collier County owns many parcels of land that require exotic vegetation removal and maintenance directed by County Ordinance or by Federal/State agreements. Service requests for the removal and maintenance of vegetation may require a large amount of labor, specialized knowledge of Southwest Florida plants, and pesticide application certification and training. The Parks and Recreation Division is seeking to establish a pre -qualified pool of vendors to be used to solicit quotes for exotic and nuisance vegetation control services throughout the County. The intent of this solicitation is to identify vendors that can provide exotic, nuisance, and other vegetation control services for departments Countywide, on an "as -needed basis." Management of non-native invasive plants, nuisance, and other vegetation includes mechanical, chemical, and physical methods or a combination of them. The work areas may be in the right-of-way, easements, county -owned or operated facilities, residential neighborhoods, preserves, County owned parks or remote and isolated locations. Item Response Form Item 23-8135--01-01 - Exotic and Nuisance Vegetation Removal Quantity 1 each Prices are not requested for this item. Delivery Location Collier County 1. Procurement Services 3295 E. Tamiami Trail Building C2 Naples FL 34112 Qty 1 Description 7/5/2023 6:48 AM p. 2 Collier County Solicitation 23-8135 Please submit a proposal per the Evaluation Criteria outlined in Solicitation. 7/5/2023 6:48 AM p. 3 Collier County Solicitation 23-8135 CART Count y Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION FOR QUALIFICATION (IFQ) Won EXOTIC AND NUISANCE VEGETATION REMOVAL SOLICITATION NO.; 23-8135 LEEANN CHARLES, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-4270 Leeann.Charles(a,colliercountyfl. oo (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 7/5/2023 6:48 AM p. 4 Collier County Solicitation 23-8135 SOLICITATION PUBLIC NOTICE INVITATION FOR QUALIFICATION (IFQ) NUMBER: 23-8135 PROJECT TITLE: Exotic and Nuisance Vegetation Removal PRE -PROPOSAL CONFERENCE: N/A IFQ OPENING DAY/DATE/TIME: Wednesday, July 12, 2023 at 3:00 PM EST PLACE OF IFQ OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: httDs://www.bidsvnc.com/bidsvnc-cas/ I INTRODUCTION As requested by the Parks and Recreation Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation for Qualification (hereinafter, "IFQ") with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions, and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent more than $5,000,000 over the past four (4) years on the existing contract; however, this may not be indicative of future buying patterns. BACKGROUND Collier County owns many parcels of land that require exotic vegetation removal and maintenance directed by County Ordinance or by Federal/State agreements. Service requests for the removal and maintenance of vegetation may require a large amount of labor, specialized knowledge of Southwest Florida plants, and pesticide application certification and training. The Parks and Recreation Division is seeking to establish a pre -qualified pool of vendors to be used to solicit quotes for exotic and nuisance vegetation control services throughout the County. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. DETAILED SCOPE OF WORK The intent of this solicitation is to identify vendors that can provide exotic, nuisance, and other vegetation control services for departments Countywide, on an "as -needed basis." Management of non-native invasive plants, nuisance, and other vegetation includes mechanical, chemical, and physical methods or a combination of them. The work areas may be in the right-of-way, easements, county -owned or operated facilities, residential neighborhoods, preserves, County owned parks or remote and isolated locations. Contractors performing the work shall follow invasive plant laws as described in the link, https://www.fdacs.gov/Forest- Wildfire/Our-Forests/Forest-Health/Invasive-Non-Native-Plants/Invasive-Non-native-Plant-Laws, and the Florida Invasive Species Council [FISC], current list of Florida Exotic Pest Plant Council [FLEPPC], Category I and II invasive plant species link, https://tloridainvasivespecies.org/plantlist20l9.cfm when applicable. 7/5/2023 6:48 AM p. 5 Collier County Solicitation 23-8135 1. Service Requests Contractors shall have the ability, workforce, and equipment to perform the work. Requests may consist of but are not all- inclusive of the following: 1.1. Professional assistance services to provide the most effective methodology to remove and maintain vegetation. 1.2. Removal and/or maintenance of wetlands or cypress preserve vegetation. 1.3. Removal and/or maintenance of storm drains conveyance vegetation (canals, ditches, lakes, etc.). 1.4. Removal and/or maintenance of drainage easement vegetation. 1.5. Removal and/or maintenance of vegetation in County owned or managed properties (preserves, parks, and facilities). 1.6. Clear trails in conjunction with exotic plant removal projects. 1.7. Chemical treatments of aquatic emergent, floating, or submersed exotic vegetation. 1.8. Ditch bank/shoreline vegetation extending rhizomes into the water body. 1.9. Professional mangrove trimming. 2. Distribution of Work County Project Manager will request a lump sum quote for each project under the following criteria: 2.1. Projects with a value up to $200,000: 2.1.1. A Summary of Work and Request for Quotation will be sent to all the selected Contractors. Completion time may be specified in the Request for Quotation. 2.1.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of seven (7) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.1.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 2.2. Proiects with a value over $200,000 up to $500,000: 2.2.1. A Summary of Work and Request for Quotation will be sent to all the selected Contractors. Completion time may be specified in the Request for Quotation. 2.2.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of fourteen (14) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.2.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 2.2.4. Projects over $200,000 shall have a payment and performance bond and shall be provided prior to issuance of a Purchase Order. The payment and performance bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County. Completion time may be specified in the Request for Quotation. The County reserves the right to waive any or all these requirements and to separately solicit any job if in the best interest of the County. Projects exceeding the $500,000 threshold will be formally solicited. 3. Work Commencement The project shall commence upon issuance of a Purchase Order. The Contractor agrees that any Purchase Order that extends beyond the expiration date of the resultant contract will survive and remain subject to the terms and conditions of the resultant contract until the completion or termination of work. 4. Work Hours Monday through Friday from 7:00 a.m. to 5:00 p.m. Contractor may request approval from County staff to work outside the stated hours and workdays. There is no additional compensation for working on weekends, holidays, or beyond the stated hours. 5. Work Schedules The County Project Manager may request work schedules prior to the commencement of services and updates if there are changes in the workdays. 7/5/2023 6:48 AM p. 6 Collier County Solicitation 23-8135 6. Proiect Specifications County staff will develop a scope of work and specifications to meet the project needs. Listed below are examples of project specifications that may be incorporated in a County Project Manager's or staff's quote requests. The examples provided are not an all-inclusive list of what may be requested. 6.1. Document pre -project and post -project site conditions and adjacent properties with photographic, video, or other means. 6.2. Global Positioning Sensor (GPS) tracks identifying work completed in the project areas. County staff may request the Contractor to submit GPS file tracks. 6.3. Pursuant to South Florida Water Management District Melaleuca guidelines, felled trees may be neatly stacked with the approval of the County Project Manager (approval will be determined in advance). 6.4. Ruts made in the soil must be removed by the vendor. 6.5. The removal of debris, trash, vegetation, hauling away, and disposal at a legal disposal site shall be included in the lump sum price. No debris or vegetation disposal in waterways. 6.6. Installation of turbidity barriers. 6.7. The Contractor may be requested to coordinate work with other Contractors. 6.8. Perform exotic vegetation treatment operations within the right-of-way and/or easements. Any equipment left in the right- of-way overnight shall be parked outside of the clear zone and as close as possible to the right-of-way line. No equipment shall be parked in the median regardless of the width of the median. 6.9. Chemical treatment applications shall be conducted to protect non -target organisms, crops, the environment, and the public. 6.9.1. Locate and treat 100% of the Florida Exotic Pest Plant Council (FLEPPC) invasive plants listed within the designated work area acres, with a minimum of 95% of target plants being killed. FLEPPC link below: https://www.flrules.org/ ateway/Ru]eNo.asp?title=INTRODUCTION%200R%2ORELEASE%200F%20PLANT %20PESTS, %20NOXIOUS%20 WEEDS.%20ARTHROPODS,%20AND%20BIOLOGICAL%2000NTROL%20 AGENTS&ID=5B-57.007. 6.9.2. Application methods may include foliar spray, spot treatments, frill, and girdle, cut stump treatments, basal bark, poodle cutting, and broadcast (liquid and granular). 6.9.3. Seedlings of some species in mixed plant communities may be hand -pulled to minimize the impact of herbicide on non -target vegetation. 6.9.4. Herbicide applications shall be carried out consistent with Environmental Protection Agency (EPA) and comply with all pertinent regulations set forth by the Florida Department of Agriculture and Consumer Services (FDACS). 6.9.5. Wind speeds at or exceeding ten (10) miles per hour (mph). The wind speed regulation may apply due to label restrictions or Florida's 5E-2.033 Organo-Auxin Herbicides: Restrictions and Prohibitions rule, link below: ht!ps://www.flrules.orgJgateway/RuIeNo.asp?id=5E-2.033. 6.9.6. Monitor dissolved oxygen (DO) when required by label and follow all label instructions related to DO. Do not apply herbicides if DO is below three parts per million (3 PPM) or authorized by the herbicide label. 6.9.7. The Contractor is liable for any penalty, fines, or damages resulting from the misuse of herbicides. 6.9.8. Retreatments will be conducted by the Contractor due to unsatisfactory work performance. Any nuisance or exotic vegetation still flourishing following post -treatment will require retreatments, at no cost to the County. 7. Pesticide Application Records Maintain records relating to the application of pesticides and restricted -use pesticides, link: htips://www.flrules.orggateway/RuIeNo.ast)?ID=5E-9.032. The Contractor shall provide the records at the request of the County. 8. Equipment Staging equipment and vehicles will need advanced approval by the County Project Manager. The work requests may require equipment that is in good working condition. Types of equipment for services needed but not limited to the following: 8.1.1. Small equipment: chainsaws, machetes, string trimmers, and brush trimmers. 8.1.2. Heavy equipment: cranes, bucket trucks, ditch witch, excavator, mulching head, etc. 8.1.3. Watercraft /Airboat. 8.1.4. Backpack sprayers for applying herbicides. 8.1.5. Heavy-duty composite protection mats, such as Dura-Base mats, for accessing environmentally sensitive locations with minimal surface and soil disturbance. Contractor must ensure that all equipment (i.e., owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference prior to entering the project site to commence work. County staff reserves the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 7/5/2023 6:48 AM p. 7 Collier County Solicitation 23-8135 9. Inspections Onsite inspections may occur to monitor work progress and when the work is completed. Contractor shall e-mail the County Project Manager when the work is completed. The Contractor shall cure any deficient work as requested by the County and within the timeline provided. 10. Clean Up Each workday removal of vegetation debris, trash, and load, haul, and dispose of it at a legal disposal site in accordance with applicable local and state laws. 10.1. Stockpiling is not permitted in the right-of-way. 10.2. The Contractor may be required to return to the worksite to clean up, remove, and haul away for disposal. 11. Damages The Contractor shall exercise care and protect all native vegetation at the project site. The Contractor is responsible for restoring or replacing all damaged native vegetation to the satisfaction of the County Project Manager, at no cost to the County where the Contractor's control operations occurred. 12. Overhead Utilitv Protection The Contractor shall protect all utilities from damage and shall immediately contact the appropriate utility if damage should occur. The Contractor shall be responsible for all claims for damage due to their operations. The Contractor shall arrange with the utility for the removal of necessary limbs and branches, which may conflict with, or create a personal injury hazard in, conducting the operations under this agreement. 13. Utilities The Contractor shall be responsible for exercising precautions while working near utilities; therefore, before digging, the Contractor must call Sunshine 811 at 811 or 800-432-4770, Monday — Friday from 7:00 a.m. — 5:00 p.m. Sunshine 811 requires two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 14. Temporary Traffic Control (TTC) If applicable to the work being requested in the quote. The Contractor is responsible for providing a plan to set 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. The Contractor is responsible for maintaining TTC while performing services in the right- of-way and roadways. 14.1. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 14.2. Subcontracting TTC is authorized. 14.3. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's Certified TTC employee to meet County staff within twenty (20) minutes of the initial contact to address work zone safety issues. 14.4. TTC setup that does not comply will have operations ceased until TTC is corrected per the FDOT standards and MUTCD. 15. 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/transportation-management-services/services/construction-and-maintenance- public-information/road-alerts . 16. Work Zone Safetv 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. The following standards shall be maintained: 16.1. 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. 16.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles, where necessary, required by law or the BCC. 7/5/2023 6:48 AM p. 8 Collier County Solicitation 23-8135 16.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 16.4. Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. INVITATION FOR QUALIFICATION (IFO) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Grading Criteria for Development of Shortlist, which will be the basis for short -listing firms The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank the firms and recommend multiple firms to establish a library for services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after grading and before the final ranking. A contract will be developed with the selected firms, based on their qualifications and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Invitation for Qualification selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the qualifications, discussion, and clarifying questions, and recommend multiple firms in a library for quoting services. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.6 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY'S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 5 Points 2. Experience and Capacity of Finn 50 Points 3. Specialized Expertise of Team Members 45 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the IFQ submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this IFQ. EVALUATION CRITERIA NO. 2: EXPERIENCE AND CAPACITY OF THE FIRM (50 Total Points Available) ■ Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. ■ Submit a table showing the firm's owned or leased equipment. Provide the type of equipment (i.e., Ford F250, Airboat, Fecon Head, Excavator, Jon Boat, etc.), equipment year, make, model, and an "X" in the appropriate box if the equipment is "Owned" or "Leased" by the firm. 7/5/2023 6:48 AM P. 9 Collier County Solicitation 23-8135 Firm Name: LLC- Equipment List V Ili Equipment Type Year Make Model Owned Leased S The County requests no fewer than five (5) and no more than ten (10) completed reference forms from clients (during the last 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Contractor that best represent projects of similar size, scope and complexity of this project using Form 5 provided. Contractors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. Submit a table providing the firm's proven experience by submitting five (5) exotic vegetation projects in natural areas that were completed within the last five (5) years that include chemical, mechanical removals, physical/hand removals, or a combination of methods in table format below. ■ Project Description: shall include the project location, exotic species, density, acreages, treatment methods, and any other information describing the project, and any subcontractors utilized. A brief description of whether the project met or exceeded the project schedule. ■ Client Name: shall include the fu-m/government entity/organization name, point of contact name and title, contact email, and contact telephone number. ■ Start Date: Provide the start date (month, day, year). ■ Original End Date: Provide the date the project was originally ending (month, day, year). ■ Final Project Date: Provide the final date the project ended and a brief description of why the project end date was revised. ■ Original Project Amount: Provide the original project amount. ■ Final Project Amount: Provide the final project amount. If the amount differs from the original project amount, provide a brief explanation of why the amount changed. ■ Number of Change Orders: Provide the number of change orders processed for the project. Provide five (5) examples of exotic vegetation projects in natural areas that demonstrate five (5) years of experience. Start Original Final Original Final Number of Project Description Client Name Date End End Project Project Change Date Date Amount Amount Orders 2022C 5,vafG -de 2ac1.Qoaa- 3 $1►3,5W $1/aye 202113ont A s 'r)-o Q I202- $tdlo)55z $r$(o 2020 �Y � ,t ✓ of is f �2� Nbol uG 0 $$� a�CJ $�N�f 2019 p olr% oNLIW $dI `7S $ DI1u� 2018 i ih a i8 1 $a sv I $0)Jb0 EVALUATION CRITERIA NO.3: SPECIALIZED EXPERTISE OF TEAM MEMBERS (45 Total Points Available) Submit the firm's organizational chart. Submit employee resumes that will be working under this agreement for the removal and maintenance of exotic, nuisance, and other vegetation which include the following: ■ Provide the number of years of experience in natural area exotic management, removal, education and training, and certifications, as it applies to each employee. • Development of removal plans (professional staff such as arborists, biologists, and estimators). ■ Coordination and oversight of removals (project managers and crew supervisors), coordination and management of services, and the delivery of specific services. 7/5/2023 6:48 AM P. 10 Collier County Solicitation 23-8135 ■ Application of Restricted Use Pesticides in Florida (project leaders and crew supervisors). o Submit the "Florida Department of Agriculture Consumer Services (FDACS) Certified Commercial Pesticide Applicator License per Chapter 487 F.S., Category types are Aquatic and/or Natural Areas Weed Management" from those employee(s) that will work under this agreement. o Submit a table showing the types of licenses and certifications held by the firm or its employees (examples.• ISA Certified Arborist, FDOT Temporary Ti c(ffc Control Certifcationz or Maintenmace of Traffic, Intermediate Level Certification, etc.; Florida Best Management Practices, etc.). Firm Name: e l.1O 0h— Y) Firm and Employees Eicenses & Certifications License Type Issued to Firm or Employee License Number P r rte- M 221A 19 ti , fsV4O d� T %c G - \ rS .L VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** 7/5/2023 6:48 AM P. 11 Collier County Solicitation 23-8135 INVITATION FOR QUALIFICATION (IFQ) INSTRUCTIONS 1. QUESTIONS 1.1 Direct questions related to this Invitation for Qualification (IFQ) to the Collier County Procurement Services Division Online Bidding System website: https://wvA-w.bidsync.com/bidsNnc-cas/. 1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. PRE -PROPOSAL CONFERENCE (if applicable) 2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the IFQ with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the IFQ. Only written responses to written questions will be considered official, and will be included as part of the IFQ as an addendum. 2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. COMPLIANCE WITH THE IFO Proposals must be in strict compliance with this IFQ. Failure to comply with all provisions of the IFQ may result in disqualification. 4. AMBIGUITY. CONFLICT. OR OTHER ERRORS IN THE IFQ It is the sole responsibility of the vendor if they discover any ambiguity, conflict, discrepancy, omission or other error in the IFQ, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this IFQ from the Procurement Services Division. 5. ADDENDA The County reserves the right to formally amend and/or clarify the requirements of the solicitation where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who received the original IFQ prior to the deadline for submission of proposals. All changes to this IFQ will be conveyed electronically through a notice of addendum or questions and answers to all Vendors registered under the applicable commodity code(s) at the time when the original IFQ was released, as well as those Vendors who downloaded the IFQ document. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Before submitting a proposal, please make sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may deeming your submittal non -responsive. 6. PROPOSALS, PRESENTATIONS, AND PROTEST COSTS The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this IFQ, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 7. VALIDITY OF PROPOSALS No proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. DELIVERY OF PROPOSALS 8.1 All proposals are to be submitted by the due date and Naples local time, on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. 8.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated date and/or time indicated. 9. METHOD OF SOURCE SELECTION 9.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08, as amended, establishing and adopting the Collier County Procurement Ordinance. 9.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee 7/5/2023 6:48 AM p. 12 Collier County Solicitation 23-8135 rank order the received proposals. 10. EVALUATION OF PROPOSALS 10.1 The County's procedure for selecting is as follows: 10.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 10.1.2 The Request for Proposal is issued. 10.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published IFQ. 10.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 10.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least seventy-two hours advanced notice. 10.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 10.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 10.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information. 10.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 10.1.10 The selection committee's overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations. 10.2 The County reserves the right to withdraw this IFQ at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 10.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner. 10.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. IL REFERENCES 12. The County reserves the right to contact any and all references submitted as a result of this solicitation. Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Collier County reserves the right to cancel, extend, or modify any or all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions when it is deemed to be in the best of the County. County reserves its right to reject any sole response. 13. INSURANCE AND BONDING REQUIREMENTS 13.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall be required to provide the Certificate of Insurance(s) with the limits set forth in the solicitation within five (5) days upon notification of selection for award. If the Vendor cannot provide the document within the referenced timeframe, the County reserves the right to award to another Vendor. The Vendor shall procure and maintain property 7/5/2023 6:48 AM p. 13 Collier County Solicitation 23-8135 insurance upon the entire project, if required, to the full insurable value of the scope of work. 13.2 The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts. 13.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 13.4 Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." 13.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 13.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 13.7 The amounts and types of insurance coverage shall conforni to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. 13.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 13.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall inunediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 13.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 13.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 14. ADDITIONAL ITEMS AND/OR SERVICES Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 15. COUNTY'S RIGHT TO INSPECT The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 16. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. The County reserves the right to take into consideration a vendor's past performance under a prior or current County contract 7/5/2023 6:48 AM p. 14 Collier County Solicitation 23-8135 when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work. 17. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 17.1 The selected Vendor shall be required to sign a standard Collier County contract or accept the County's Purchase Order terms and conditions to serve as a formal contact. 17.2 The resultant contract(s) may include purchase or work orders issued by the County's Project Manager (a/k/a Contract Administrative Agent). 17.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements, other documents or agree to any exceptions to the County's terms and conditions provided by the Vendor. 17.4 The County's Project Manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 18. PUBLIC RECORDS COMPLIANCE 18.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) 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 & Public Affairs Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 18.2 The Contractor must specifically comply with the Florida Public Records Law to: 18.2.1 Keep and maintain public records required by the public agency to perform the service. 18.2.2 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. 18.2.3 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. 18.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 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. 19. PAYMENT METHOD 19.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: 19.1.1 Purchase Order Number 19.1.2 Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: 7/5/2023 6:48 AM p. 15 Collier County Solicitation 23-8135 Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk(a,collierclerk.com 19.2 Payments will be made for articles and/or 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 contract. 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. 19.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 19.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 20. ENVIRONMENTAL HEALTH AND SAFETY 20.1 All Vendors and Sub Vendors 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. Vendors and Sub Vendors 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. All firewall penetrations must be protected in order to meet Fire Codes. 20.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. 20.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 20.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 21. POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 22. LICENSES 22.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to DEEM VENDOR NON -RESPONSIVE. A Vendor, with an office within Collier County is also required to have an occupational license. 22.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. 22.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 23. SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 24. PRINCIPAL/COLLUSION 7/5/2023 6:48 AM p. 16 Collier County Solicitation 23-8135 By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 25. RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 26. TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 27. LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -Eight of County Ordinance 2017-08, as amended. 28. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document should be submitted with the solicitation response and the document number should be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 29. SINGLE PROPOSAL Each Vendor must submit, with their proposal, the required forms included in this IFQ. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -vendor to any other firm submitting under the same IFQ. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same IFQ. All submittals in violation of this requirement will be deemed non- responsive and rejected from further consideration. 30. PROTEST PROCEDURES 30.1 Any Vendor who alleges to be aggrieved in connection with the solicitation or award of a contract, may protest to the Procurement Services Director, who shall serve as the sole receipt of the any and all notices of intent to protest and all formal protests. 30.2With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 30.3 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 30.4 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement 7/5/2023 6A8 AM p 17 Collier County Solicitation 23-8135 Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 30.5 Complete instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017-08, as amended. The protesting party must have standing as defined by established Florida case law to maintain a protest. 31. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 32. SECURITY AND BACKGROUND CHECKS 32.1 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 32.2 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. 32.3 The Contractor shall inmiediately 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. 32.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 33. CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this IFQ document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 34. 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 I1I, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, fine, 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, including but not limited to: submitting bids, IFQ, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 35. IMMIGRATION LAW AFFIDAVIT CERTIFICATION 35.1 Statutes and executive orders require employers to abide by the inmiigration laws of the United States and to employ only individuals who are eligible to work in the United States. 35.2 The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (IFQ) including Request for Professional Services (IFQ) and construction services. 35.3 Exceptions to the program: 7/5/2023 6:48 AM p 18 Collier County Solicitation 23-8135 35.3.1 Commodity based procurement where no services are provided. 35.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 35.4 Vendors are required to be enrolled in the E-Verify program at the time of submission of the bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposalibid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE 35.5 Additionally, Vendors shall require all subcontracted Vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. All vendors shall familiarize themselves with the statutory requirements set fort in the Florida Statutes §448.095 pertaining to the responsibilities of Public Employers, Contractors and Subcontractors. 35.6 For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 35.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 36. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document. 37. GRANT COMPLIANCE The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. The Vendor agrees include with the bid submission all the completed and fully executed Grant documents provided as an attachment to the solicitation, or you may BE DEEMED NON -RESPONSIVE. 38. LOCAL VENDOR PREFERENCE (LVP) Any Vendor claiming local vendor preference must complete the required form and submit a Collier or Lee Business Tax receipt with their submission. 39. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. Certification: The Vendor hereby agrees to comply with the instructions above, by submission of a bid/proposal. 7/5/2023 6:48 AM P. 19 Co ler County Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. [� General Bid Instructions has been acknowledged and accepted. E� Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Form 1: Vendor Declaration Statement [ Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. dVendor MUST be enrolled in the E-Verify - https://www.e-verify_.gov/ at the time of submission of the proposalibid. Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. ❑ Form 5: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. [� Vendor W-9 Form. ❑ Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. ❑ The Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of all requested licenses and/or certifications to complete the requirements of the project. ❑ All addenda have been signed and attached. ❑ County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. ❑ Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. o xe7r County Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 20.23 in the County of , in the State of Firm's Legal Name: Address: lot) Ai . (',nno_,kfvn `nY"Iur, City, State, Zip Code: H r,7 i t-,+y n PD, i s a 0 I Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: � S - 054-i 25 to [- S10 5 00_ 1i100 fOUMMIMMIRTY,.. Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: Email: CiS' �1�1/���11��fE? �UC�✓' �.f7(�Y� Office servicing Collier County to place orders (required if different from above) Contact name: Ey Title: P" Address: City, State, ZIP}- Telephone: cQ -1 �"1 Email: Co -yeY County Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The finn has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Neapaglo c y iS ►eec LLC Co: pany Name Signature Ja© Print Name and Title of P.ennSig jt)Lfx;IL County of Lazex-rt t_ The foregoing instrument was acknowledged before me by means of Idphysical presence or 11 online notarization, this Ar day of (month), 2 &1 (year), by (name of person acknowledging). Commonwealth of Pennsylvania - Notary seal ' P� 2�& Meghan Ann Marie Jones, Notary Public Luzerne County (Signature f Not ublic) My commission expires September 8, 2026 Commission number1427074 m Onh n9aAle_ J-Dhfs Member, Pennsylvania Association of Notaries (Print, Type, or Stamp Commissioned Name of Notary Public) ersonally Known R Produced Identification Type of Identification Produced Co ier CO-Wlty Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify_.2ov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. 19L'l f,�SGonArac-b' nr L-C v C mpany Name Signature bLnOWO &AIA IJ Print Name and Title Stateof 14 Ar i �ti County of L-U_Zg.rKA The foregoing instrument was acknowledged before me by means of Elphysical presence or ❑ online notarization, this ( day of ��,Ld (month), (year), by X n ' o (name of person acknowledging). Commonwealth of Pennaylv8;- -Notary ai % Meghan Ann Marie Jones, htotary;N huxerneCounty (Signatur ofNota Public)) My commission expires September8, 2ti26 Commission number 1427074 ��_ Member, Pennsylvania Association of Notartes rint, Type, or Stamp Commissioned Name of Notary Public) personally Known R Produced Identification Type of Identification Produced amcrmon: G? 3 - 913 --? Rdmmce Quationnaim fm- Of CocnMyRep Name:13M P-YON/ (B%dudw aenpletirng reference quasi mn ka) r t Colder county r Comps"r (!~vahnetor's company, coiApkfins re6r..a) e-f Collier County ha implemented a of enlleds rode mce in an dhms and their sdeoticn of firms to perfiarm this • key Pd you as to client teed hn fire per• '� 1Van,s of the Gomp�y listed in the above, has listed they have lie rfnr ed vprk, eanm 3� as a Bleat for q�nieh Of 1 'b 10, w?db ] 0 rig Ware 1� tlm survey. P1�sa rate eadt orntsria to the bat od'yatu � on a sorle were very nnsadsfied (a$d world never hhe the 6radi"divdiusl(attd wrsvld pine do eat 6the $�1 gn} jad l �S you i t a paatiotis ' arse, leave it blank and die item or farm will be soared "o: ' Will � °t �0��� °f past per project Deswi Camplgion Date• 3 1 1 1 2.0'Z..,Z prc�ect Project Number of Days: ID manage the p Vject costs (asinimin CMW order to scope) amm mow be to tmdntaiin project schedule (cpkbe m-time err j; 10 10 ice provided cc the pr�jed. 10 t to mmtago paraomnel. " 10 10 itnnicast m auels err gcdng f v"W daauneaals eta)— -- r � wnuvcr k 7 Ability to verbally cammunit and document intdrrmtiom dearly and y 8 AN ty to mango risks and unexpeem projed � 9 Ab311ty to prncadurq.rolesregahuiarns, ote.10 Overall amnfort I with hiring the cwip ny in the *tam {Wator�persett ctiort} Solicitation: 23-8135 Reference Questionnaire for: Co ier County Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Services / (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Joel Langaney (Evaluator completing reference questionnaire) Email: Joel.langaney@cityofbonitasprings.or Company: City of Bonita springs (Evaluator's Company completing reference) 239-478-4614 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Bonita Springs Ditches Project Budget: $186,552.00 Completion Date: 06-16-2023 Project Number of Days: 365 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Joel Langaney Project Manager city of Bonita Springs 9101 Bonita Beach Road Bonita Springs Florida 34135 cell: (239) 478-0614 . Olt. (239) 949-6242 Fax: (239) 949-6245 www.dtyoroonitespfings.org C C.;O)Vle v County Pmcuremerlt Servioes Ditfision Form 5 Reference Questionnaire 0 :fit' ONE FORM FOR E3CH REQUIRED REFEWL,A' .I Solicitation: �-� Jjj Reference Questionnaire for_. (Natne of Company Requesting Reference information) i Natttr rat !ruin i 9ualti Requcsting Rcilrcnce (tttt�rtlC itil�rl G Zama WtV441 LOIt 4-16 (I•.valtratar Lompletirig rcfcrcnce questionnaire) F..mail: tatua e ! 1 'ate► FAX: Co mpJrli t;4-4 W valuatc.r's Com*)— c utt ple mg reference) --% f41F.- Collier County has implemented a press that collect; reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to M with 10 representing that you were very sat►sifed fund would hire the firm"individual again) and I representing that you were very unaatisfed (and would never hire the firtwindivdival again). if you do not have sufficient knowledge of past pcTfotrnance in a particular area. leave it blank and the item or form will be scared " 0." Project Description- '&� � f �P.,C. Completion Date: _ ���_akt�►" z �_� _ if lrrt-rjcct liu cv l99' 4200 1 =e Project Number of Days; - _3. �� _ Item Criterist Score must be completed) I Ability to manage the project costs (minimize change orders to scope)- !D 2 Ability to maintain project schedule (complete on -time or early). Quality of work. - - — 3 Quality of consultative advice provided on the project. 5 professionalism and ability to manage personnel- 6 project administration (compacted documents. final invoice, final product turnover. invoices, manuals or going forward documentation, etc.) 10 7 :Ability to verbally- communicate and document information clearly and succinctly. 8 .Abiltity to manage risks and unexpected project circumstances, 4 .Ability to follow contract documents, policies, procedures, rules, regulations. etc. !p Overal I comfort level with hiring the company in the future (customer satisfaction). 10 /17 TOTAL SCORE OF ALL ITEMS — WM it1 _i< Y1. ba"Otstft: 112 3 _ 0135- (Name afCaanpany Regttesting �'eerxioo Lt£orm+�set} � C (Name aflndividuals Requesting fta r—ai Inforrttadon} Names ma's �l P. IU � � p > Corn 1 _ A ! / , Collier Coo* has Lapkmaatcd a pmcess that collet refarence Sian an funs met affirms to perPortn this pra}CctI 7 e NAme of the Company listsd in the snt� to be umd $ tIH haw R' Y Pad vNmL Please oampleta the survey. Pleat rate eaah aiteria to the but of yow as a q� for wbidi of 1 to 10, wa 10 trp umdng $tat you Wwc MY (� vmuld hire the fir n odivid W age otr a cask were very tmmtis6ed (and wotdd nevrr hire tttc firm/bAdiydival ) " I that you is a partieufw Vve. heave it blank and the item or foam will be WOW "0." you do trot ha,� s�iclta t ��� cfpaa pafxmnw .�i canpletia, NmAw ofAays: 3 3 to MWW dij-p to msudefa eneisat sel,r/int/ an nsanagp �Y � �YYa! im►rticas; ntanurhs tz gan$ fonyYrai duwmenuZi eto j It AbIlUly to ri LMp risk! s 9 Ability to maw -contract CMPMY or to tumover; etc. /L MI 0 0 Colfer County COWMW `arm 3 �e fk a/re S' -tatieMe: a3_ Sly` coca Questionnaire for: (Name of cwwny Ralu »g Refc DW t /+� eel nn> _. l (Name of Individuals --4ucujng fwjbwm inforrnadnrr) L � r �txs'nL /t 1� tt aina rem qt t; i) (Emdu II /} 1 �+,,,,,,�,, •.s.. {��. .. rat one: SCt iEM II#$ f8lplemented a proms that OWICOS Taierence I _ . ° °�%!`d ormathdrweark pPlease dame ofLSe Cainpany to o Subs above has and their key ��i to be aced in &e awwhdge on of to f with i t} r»g ih� cpleta the saucy, Pik raft eao6 eri4uis to the bug Y as a Miant far which v«y unaatistlod (curd would nt'ver hire lice tudiediuml d wnnld hire idau do afi hrtat/an victual again} a sak � particular area, lave it blank and the them or � will ba scored � se:#ficit�t lrnowkdge OfPW l�mana • L�Y F\ l lw, 3� I Nita Neu»be r of Mys: to tttcni tea h data (au -bone or I r'mrsseionalfsm end irbiii to mega I I h' pm'eonn8, 6 Anleat adanirrtst,�atian (pip exe>d locum invrrices; nuatauals or going R"Vard douwrtenta kw,'etc.) fine! pu oduct suraovar, 7 Ability to verbally Munkaft and doamse nt nHan demrly tmd wcea»etl . / Y B Abiltety to unterutgr ricks as nne�cped MmJed eirewsastanrea. 9 t�Wilfty to ib)tow MUM docrnents, ides s— >� . �aaaduras, rule, reguiatiw,s, etc. 10 raft corn net level with wrag the=upany in the future fcuatcmrer .5d;.46 . ,.- % — FORM 5 IF APPLICABLE GRANT PROVISIONS AND ASSURANCES FORMS ARE PROVIDED IN A SEPARATE PACKAGE AND MUST BE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. CONFIRM ALL REQUIRED LICENSES AND FORMS ARE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. State of Florida Department of State I certify from the records of this office that DEANGELO CONTRACTING SERVICES LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on October 28, 2021. The document number of this limited liability company is M21000014399. I further certify that said limited liability company has paid all fees due this office through December 31, 2023, that its most recent annual report was filed on March 7, 2023, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-seventh day of June, 2023 Seeritilly of ktate Tracking Number: 9561020225CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https: //services.sunbiz.org/Filings/CertiflcateOfStatus/CertiricateAuthentication Company ID Number: 1694905 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and DeAngeio Contracting Services (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 rz-Verffy-.......*�.- Company ID Number: 1694905 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1694905 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.6 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 hT� y Company ID Number: 1694905 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(cDdhs.aov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify.-.......*� Company ID Number: 1694905 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1694905 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verif y Company ID Number: 1694905 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employers compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS, databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify--.* Company ID Number: 1694905 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOu for Employers I Revision Date 06/01/13 E-Verify-;--......01 tfyfr Company ID Number: 1694905 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify__,*� Company ID Number: 1694905 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment'needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1694905 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify.......*"YIi1i��� Company ID Number: 1694905 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Ow y Company ID Number: 1694905 Approved by: Employer DeAngelo Contracting Services Name (Please Type or Print) Title Paul J Lieb Signature Date Electronically Signed 05/24/2021 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 05/24/2021 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 y Company 1D Number: 1694905 Information Required for the E-Verify Program Information relating to your Company: Company Name DeAngelo Contracting Services Company Facility Address 527 South Church Street Hazleton, PA 18201 Company Alternate Address 6 County or Parish LUZERNE Employer Identification Number 850542566 North American Industry Classification Systems Code 237 Parent Company Number of Employees 500 to 999 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 rz-Verif M y Company ID Number: 1694905 Are you verifying for more than 4 site? If yes, please provide the number of sites verified for in each State: PA Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify.......*� min Company ID Number: 1694905 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Paul J Lieb Phone Number 5709260298 Fax Email Di.lieb(a).deanaelocontractinaservices.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verif Y Company ID Number: 1694905 This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 DEANGELO CONTRACTING SERVICES / AQUAGENIX COMPANY PROFILE The central business philosophy at DCS has been to take care of our customers and employees better than any other company. Our purpose is to increase the economic well-being and quality of life of all our stakeholders; this includes not only our customers, employees, and strategic partners, but also the public and environment. Since inception, DCS has continued to grow, expending geographically, diversifying, and acquiring other companies. DCS is currently headquartered in Hazleton, Pennsylvania and consist of over 500 employees and is made up of six (6) major business units (Vegetation Management; Aquatic and Wetland Management, Stormwater Restoration and Maintenance; Cleaning Management; Road Management; and Asset Management.) • Aquatic and Wetland Management Headquartered in Jacksonville, Florida, Aquagenix is the industry leader in quality lake and wetland management services. Aquagenix sets the industry standard in providing a unique environmentally conscious approach to customizing and delivering exceptional service to governmental, commercial, and private customers in all aspects of aquatic vegetation management. The Aquagenix staff of highly trained and licensed technicians and service managers are dedicated to providing quality service and complete customer satisfaction. Aquagenix also maintains an industry -leading service fleet of specialized treatment vehicles, which will allow us to use the best suited equipment to provide the FWS with service sensitive to its needs. Aquagenix primary services include: • Nuisance and Exotic Vegetation Control, Wetland Planting and Restoration, Wetland Maintenance and Monitoring, Palmetto Trimming, Aquatic Weed and Algae Control, Erosion Control Solutions, Fish Stocking and Other•Lake Services, Fountains and Aeration Systems, Water Testing, Clarification and Dye Treatments, Stormwater Systems Restoration and Maintenance. Specifically, Aquagenix is uniquely qualified in the area of nuisance and exotic vegetation control, and realize the adverse impacts caused by improper control. Aquagenix has the experience and knowledge to identify and eliminate nuisance and exotic species with minimal impact to the surrounding beneficial native plants species and their environment. • Vegetation Management We deliver the most cost-efficient vegetation management services to our customers through Florida. We have accomplished this with a team of employees having many years of combined vegetation management experience who are constantly working to stay on top of the industry in every way. EQUIPMENT LIST VEHICLES 215 - Pickups 42 - Work Trucks C30/4500/5500 243 - Spray Trucks Highrail Gear 42 - Stake Body 18 - Dump Body TRAILERS 92 - Lawn Equipment Trailers 170 - Utility Trailers 12 - Equipment Trailers 9 - Dump Trailers 7 - Water Tanks CONSTRUCTION EQUIPMENT 72 - Tractors 13 - Skid Steer 15 - Front End Loaders SPECIALIZED EQUIPMENT 8 - ATV's 60 - UTV's 5 - Amphibious/ARGO 18 - Street Sweepers 72 - Riding Lawn Mowers 16 - Walk Behind Lawn Mowers 9 - Tree Clippers 7 - Airboats 45 - Jon Boats & Skiffs 6 - Ghanoe/Canoe DCS has national accounts with rental companies such as Sunbelt, Hertz Equipment, and United Rentals as well Regional/Local rental companies such as Neff Rentals. �r :CA4S Paul DeAngelo, Sr. Seven Isles Capital Founder/DCS Majority Owner Paul DeAngelo, Sr. co-founded DBi Services in 1978. Through decades of hard work with an unyielding commitment to provide quality service and customer satisfaction, he grew a small residential/commercial maintenance company working for a few friends and neighbors into a global leader in infrastructure operations and maintenance. In 40+ years building DBi Services, Paul led his team in 20+ acquisitions. In 2016 his family sold the business to a private equity firm. Through founding Seven Isles Capital, Paul continues his entrepreneurial spirit and stays engaged in the business and industry communities, where he sits on many company and industry boards of directors. He is relentless in his pursuit of helping others become successful, and instill passion, hard work, and family in the culture of Seven Isles Capital and the companies it invests in. Paul DeAngelo Jr. Seven Isles Capital Founder/DCS Majority Owner After graduating from Wilkes University with a bachelor's degree in political science (concentration in international business). Paul Jr. joined DBi Services as the Director of Strategic Business Development focused on corporate strategy and growth. Paul Jr. Supported the majority sale of DBi Services to a private equity firm in 2016. He then took on the role of Vice President of Growth, helping take the company from $250 million in sales to over $500 million through organic and acquisition growth. In 2017, Paul Jr., alongside his father, founded Seven Isles Capital. In 202, Paul Jr. transitioned from DBi Services to focusing full-time on investing through Seven Isles Capital and is CEO of Mission Autism Clinics, one of its portfolio companies. Bill Hartman Executive VP DCS Over 30 years managing highway and infrastructure maintenance contracts in North America. Dedicated to quality customer service, safety, and growth. Bill worked for Paul DeAngelo building DBi Services until 2016 when the business was sold. Currently working with Paul since 2020 when DCS was started. Bill brings an in-depth knowledge of leadership and dedication to building and leading teams of people to deliver a high level of customer service and contract management to state, federal, local agencies, industrial and railroad customers in all aspects of maintenance services. Bill has helped customers build successful programs to deliver the best result for the customer. Integral in bringing innovation and custom solutions to the industry. Bill has been driving force in market development and market transition with a passion for driving the best results for the customer and traveling public. Bill's leadership and years of experience in the industry have been key to DBi's and DCS's success for Paul DeAngelo. _ Project Management Team for Gateway CDD The Aquagenix Fort Myers Branch bring the highest level of service, experience, knowledge, and transparency that rials others in the business. We provide monthly and annual training from herbicides, fountains, and aeration to storm water, encompassing all aspects of pond maintenance. Address: 14250 Jetport Loop W, Fort Myers, FL 33903 Phone: 239-286-7377 Richard Dupree Branch Manger rdupree@deangelocs.com (239) 295-3228 12+ Years of Aquatic Experience Louis San Lorenzo Business Development Manager Lsaniorenzo@deangelocs.com (941) 928-1065 7+ Years of Sales & Service of Pest, Aquatic & Wetlands Luis Granados Wetland Supervisor Iranados@deangelocontractingservices.com (239) 410-2839 20+ Years of Aquatic and Wetland Management One of the following will be assigned to the Gateway CDD Jose Garcia Wetland Foreman 12 Years of Aquatic and Stormwater Maintenance Osmany Gonzalez Wetland Foreman 2 Years of Aquatic and Stormwater Maintenance Luis Sotuya Wetland Foreman 9 Years of Aquatic and Stormwater Maintenance RICHARD (RICH) DUPREE AQUATIC BRANCH MANAGER Rich Dupree is the Fort Myers Aquatics Branch Manger of DCS and is responsible for Aquatic Management Operations including Stormwater. EDUCATION/PROFESSIONAL QUALIFICATIONS • Aquatic Pesticide License • Natural Area License EXPERIENCE Aquatic Branch Manager — Fort Myers, FL DeAngeio Contracting Services As Aquatic Branch Manager, Rich is responsible for the overall supervision, functioning and direction of the branch assigned with direct accountability to the regions General Manager or Regional Division Manager. Vegetation Supervisor DBi Services Responsible for managing daily activities of all crews in the field, equipment and vehicle maintenance, warehouse inventories, new employee training as well as equipment operation. Vegetation Management Specialist Dei Services • Nuisance and Exotic Vegetation Control • Wetland Planting and Restoration • Wetland Maintenance and Monitoring • Aquatic Weed and Algae Control • Fountain and Aeration Systems • Water Testing, Clarification and Dye Treatments • Stormwater System Restoration and Maintenance REPRESENTATIVE PROJECTS Gateway Services CDD — Lake and Waterway Maintenance of 65 Lakes totaling over 400 acres. Isles of Collier — Lake, Fountain, and Wetland Maintenance of 220 acres. Miromar —Vegetation Removal and Maintenance of 164 acres. Audubon Foundation — Lake, Fountain, and Wetland Maintenance of 82 acres. LOUIS SAKI LORENZO BUSINESS DEVELOPMENT MANAGER Louis San Lorenzo is the Fort Myers Business Development Manager of DCS and is responsible for Aquatic Management Operations including stormwater. EDUCATION/PROFESSIONAL QUALIFICATIONS • Aquatic Pesticide License • Best Management Practices • MSHA Certificate EXPERIENCE Aquatic Business Development Manager— Fort Myers, FL DeAngelo Contracting Services As Aquatic Business Development Manager, Louis is responsible for the year -over -year growth of the Fort Myers Branch by obtaining leads through referrals, networking, trade shows and cold calling. He is responsible for working closely with the production team, which includes scheduling and resolving customer environmental concerns. Business Development Representative — Sarasota, FL TruGreen Responsible for providing solutions for customer issues and managing new growth through upsells, networking and cold calling. General Manager —Venice, FL West Coast Printing • Managed all marketing and sales • Sell long and short run printing and Digital and Offset • Published directories and newsletters • Worked with Ricoh products REPRESENTATIVE PROJECTS Bears Paw - Lake and Wetland Maintenance of 17 Lakes totaling over 33 acres. Forest Country Club - Lake and Wetland Maintenance 31 Lakes totaling over 61 acres. Sabal Springs - Lake and Fountain Maintenance of 25 Lakes/Ditches over 21 acres and Fountain. Wyndemere - Lake, Fountain, and Littoral Maintenance 16 Lakes 35 Acres and 5 Fountains. Vulcan - Wetland Maintenance 18 Wetlands and 442 Acres. GCS LUIS GRANADOS WETLAND SUPERVISOR Luis Granados of DeAngelo Contracting Services is responsible for Wetland Crews in the Fort Myers Branch. EDUCATION/PROFESSIONAL QUALIFICATIONS • Aquatic Pesticide License • Natural Area License • Crew Supervisor for DBi Services for over 20 years • Current Crew Supervisor for DeAngelo Contracting Services EXPERIENCE Vegetation Management Specialist DeAngelo Contracting Services /DBi Services • Nuisance and Exotic Vegetation Control • Wetland Planting and Restoration • Wetland Maintenance and Monitoring • Aquatic Weed and Algae Control • Stormwater System Restoration and Maintenance REPRESENTATIVE PROJECT` University Village — Exotic treatment of 160 wetland and upland acres. Corkscrew Mine — Exotic treatment and Aquatic Planting. City of Cape Coral —Vegetation Removal Babcock Ranch — Ongoing Maintenance Maripossa at Whipporwill — Ongoing Maintenance Corkscrew Mine — Ongoing Maintenance Vulcan Material — Ongoing Maintenance Gateway CDD — Previous Wetland Maintenance O� ANON LO fbda &partmm of ��ctrutturt Ob C4)noumtt ftrbwg Pestfdde Cer jfiZfou Office Commercial Applicator License License # CM22198 DUPREE, RICHARD GEE Cattltorics 1239 BUELL AVE 5A FORT MYERS, FL 33913 IsswA: Febroary23, 2022 E:pfres: March 31, 2025 Sigutme of l.komoe NICOLE "NIICKI" U, sbo 6-diviaat b W.—d mriv au amvi�fon. M FRIED, C044MIONER "F".- i.�R 487. F.S. be rxdl. wd ,ly RmiiW — 9 "ra3 S 3N / Z e+ V ®'33m a0 `N O cc., �? o� a� m �N m a vy v a iDS dw 3� o m� v a ,� Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev. October 2018) Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.frs.gov1FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. DeAngelo Contracting Services, LLC 2 Business name/disregarded entity name, If different from above cn 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals: see Q p ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): c single -member LLC Exempt payee code (if any) no ,a ' a ❑✓ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► C p 2 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting H LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code if an ( Y) c another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. :s= O d ❑ Other (see instructions) ► (Applies to accounts maintained outside the US) N 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) a .100 N Conahan Drive I v7 j 6 City, state, and ZIP code Hazleton, Pa 18201 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box, The TIN provided must match the name given on line 1 to avoid Social security number backup withholding, For individuals, this is generally your social security number (SSN). However, fora e proprietor, or disregarded entity, see the instructions for Part I, later. For other resident alienien,, sole i M entities. it is vour emolover identification number (ElK if you do not have a number, see How to qet a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. (—j— �� 8 5 - 0 5 4 2 5 b b Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Bryn I Signature of Here I U.S. person ► General Instp Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► 03/06/2023 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-`J (Rev. 10-2018) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I -1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT 1- 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (0) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: hftps://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I-6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name NAtia, p C,-Xrb Date `?,22> Authorized Signature — EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR • By: ,Tar yn_a �,s k1KAeln 10-sidlx4 1 " nhu.✓ Name and Title J /no A;. ('nn&,An. � nuf St/red et Address City, State, Zip HPW\I R';TM Z X� UEI Unique Entity Identifier (for SAM.gov verification) -II In 1 �-:z Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD -- - ----- ------ -- EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Contract«r (Firm Name) Signatu` Contractor's ALOKorized Official Name and Title of Co ractor's Authorized Of Official Date EXHIBIT I -11 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT States wil be verifued. Urwerifable statuses will require the PRIME to either proNde a rem statement or provide source docurnentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRM1E NAME PRIME FUD NUMDER CONTRACT DOLLAR AMOUNT Qr IS THE VMhOAROSIDAGOMMDISAD%IAIITAGED WTERAN V ISTHEACiTVI?YOFTHISCONTRART- "ORWOt BUS!"ESSEPOEEMUP DBE? Y ND CONSTRUCTION? Y (OGMIDUVAE) 011 HAVE A WALLOISAMANTAGO 54MIiESS&ACiiritF%4TMFROMTHEWALLBUSINES MBE. Y LON7ULTATdON? Y N �ADNMNtSTltATtONi ARPICEESSOLiOVETIMAN? YVBE? Y OTHER? Y i 5D5 W Y tSTHtS5UBhOUSSION A REVISION. Y N IF YES. REVISION NUMBER B. IF PRIME HAS StAKDNTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN-OWMW, SMALL BUSINESS CONCERN OR SERVICE DISABLED VET9iAN, PRIME IS TO COZY KM THIS NEXT SECTION DBE wi E SUBCONTRACTOR OR SUP"" TYPE OF W ORII OR E'TfNICITY CODE SUB/SUPPLAM POICENT OF CONTRACT VETERAN NAME SPECIALTY isee Berowl DOLLAR AMOWIFT DOUARS TOMS] C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SLAMA TIER DATE TrTLEOF SUBMIMIL 8"L ADDIM-0 OF PROM ISUBMITTYRI TEliPHICI E NUIROM FAX NIUMBER NOTE' This intomatioo is used to trail and repaft antickwed DBE or LADE partiopaion in federarrb-funds d corvacts The aooripated beE a MBE amount is voluntary and wO not becorne part of the motractual teens. This form enest be sutwAted at Dane of ntsp me to a sohcrurtln, - and .:hen awavI%d a CourM corrvag the prirne wit be &Aed to update the inhomotm for the grara campkaarce fgas� --[ wadcAnswiain BA HapanicArxerian HA Wa6va American EIA Subcont, Asian American SAA As"PadreAmork n APA Non -Minority Women NSAW Oder. am Of am athr Emw load O D. SECTION TO BE COMPLETED BY COWER COUNTY DEPARTMENT NAME COWER CONTRACT r nFe/WP w POIRE 1 GRANT PROG eAWtONTae[T ACCEPTED Or DATE EXHIBIT I -10 EARTH BALANCE° 2570 Commerce Parkway North Port, FL 34289 941.426.7878 WWW. EARTHBALANCE.COM Qualifications Exotic and Nuisance Vegetation Removal Solicitation No.: 23-8135 Collier County Board of County Commissioners LeeAnn Charles, Procurement Strategist 3295 Tamiami Trail East, BLDG C-2 Naples, Florida 34112 Leeann.Charles@colliercountyfl.gov Qualifications Due: July 12, 2023 @ 3:00 P.M. Proposal Respondent: Earth Balance° 2570 Commerce Parkway North Port, FL 34289 (941) 426-7878 Primary Contact: James Barron jbarron@earthbalance.com (814) 806-5293 /"'-EarthBalance EarthBalance® Table of Contents 1. Cover Letter — Management Summary 2. Experience and Capacity of Firm 3. Specialized Expertise of Team Members 4. Required Forms "—EarthBalance EarthBalance® 0• Cover Letter — Management Summary �—EarthBalance EarthBalance® July 12, 2023 Collier County Board of County Commissioners LeeAnn Charles, Procurement Strategist Procurement Services Division 3295 Tamiami Trail East, Bldg C-2 Naples, Florida 34112 RE: 23-8135 Exotic and Nuisance Vegetation Removal EarthBalance® is pleased to submit the attached IFQ response for the vegetation management services for the Collier County Board of County Commissioners. EarthBalance° is an ecosystem restoration and environmental consulting firm focused on balancing the needs of our clients with protecting the long-term health of natural environments, to leave an environmental legacy for future generations. As one of the Country's leading ecological restoration firms, EarthBalance° specializes in restoring, enhancing, creating, and managing natural areas throughout the United States and U.S. Virgin Island. We provide materials and services to restore and protect land with native habitats, including uplands, wetlands, and other lands regulated for environmental protection. We balance business, property, and wildlife with resourceful solutions. We mitigate developments with high impacts; protect and maintain habitats; control the spread of invasive plants; and grow and install native plants. Our core services include Invasive Plant Management, Upland/Wetland Preserve Maintenance, Wetland Mitigation Management, and Native Plant Supply and Delivery. We implement innovative strategies with multidisciplinary project teams to create and maintain wetland and upland landscapes and habitats, remaining on the forefront of the emerging ecosystem restoration industry. For over 35 years we've built a first-rate team of Scientists, Field Practitioners, and Biologists. EarthBalance° is a 100% employee -owned company, so we bring an owner -mentality to how we work and believe in operating our company by three guiding principles: respect, teamwork, and excellence for both us and our clients. Our corporate headquarters is located at 2750 Commerce Parkway, North Port, Florida 34289. The primary contact for this solicitation is James Barron, Project Manager, in the corporate office. His contact information is: Office Number: (941) 426-7878 Cell Phone: (914) 806-5293 Email: jbarron@earthbalance.com The alternate contact for this solicitation is Mr. Erik Sandsmark, Vice President of Operations, in our Corporate Office: Phone number: (941) 426-7878 Cell Phone: (239) 851-9394 Email: esandsmark@earthbalance.com Thank you for this opportunity to present our qualifications and submit this proposal. Based on our excellent qualifications and reputation in the industry, you can count on us to provide you with impressive results that we've achieved for so many others. Please feel free to contact me if you have any questions regarding our qualifications. Sincerely, Cristine Borowski Vice President of Business Management ;�( EarthBalance' 2570 Commerce Parkway North Port, FL 34289 (941) 426-7878 www.earthbalance.com EarthBalance EarthBalance® Experience and Capacity of Firm 1. Qualifications Write Up r a. Company Owned Equipment b. Financials c. EMR d. Certificate of Insurance e. Bank Good Standing I�* f. Bonding Capacity 2. Reference Questionnaire a. Mary Barnwell I I b. Mike Knight c. Mitchell Barazowski d. Nathalie Smith ff e. Nic DeFilippo 3. Proven Experience Table 0• "—EarthBalanco Company Qualifications EarthBalance® is an ecosystem restoration and environmental consulting firm delivering on environmental stewardship through ecological protection measurements that include the restoration, stabilization, and conservation of large-scale natural areas to support the health of natural environments throughout the United States and U.S. Virgin Islands. As one of the Country's leading ecological restoration firms, we have scientific and project management knowledge, a trained in-house field staff to safely execute vegetation management and planting projects, specialized field equipment, and our own native plant nursery. EarthBalance® is a 100% employee -owned company, and we have been in business for over 30 years. Our Employee Stock Ownership Plan (ESOP) enables our employees to own part of the company they work for. When EarthBalance® succeeds, our employees see the benefit. This brings an owner -mentality to how we do work and believe in operating our company by three guiding principles: respect, teamwork, and excellence for both us and our clients. We have worked hard to acquire proper levels of insurance and have achieved a bonding capacity of $7 million individual and $20 million aggregate. Our hands-on workforce consists of experienced environmental scientists and project managers that utilize specialized equipment designed for working in a variety of environmentally sensitive areas. We specialize in restoring, creating, and managing natural areas. We provide materials and services to restore and protect land with native habitats, including wetlands, shorelines, and other lands regulated for environmental protection. Our core services are Nuisance and Exotic Plant Control, Habitat Restoration, Natural Area Maintenance, Beach Revegetation, Native Planting, Native Nursery and Plant Production, Native Upland Seeding, Mangrove Trimming, Environmental Consulting, GIS Mapping, and Mitigation Banking. EarthBalance® owns and operates a native plant nursery and we specialize in growing native and salt -tolerant grasses. We also harvest native seed for planting on large upland restoration areas. We have experienced professional project managers, an in-house workforce, and equipment specialized for use in sensitive areas. Our Corporate office is located in North Port, with other offices in Fort Myers, Nocatee, and St. Cloud, Florida. Our staff includes a multidisciplinary team of biologists, ecologists, wetland scientists, and GIS/AutoCAD specialists who are proficient in restoration design, evaluation, wetland enhancement, exotic and nuisance plant control, native planting, and ongoing maintenance. Each office has crew members and equipment for us to reach projects in different locations and minimize mobilization costs. We schedule resources from multiple offices when we need a larger specialized workforce or for out- of-town work. We make full use of our resources from each of our regional offices and develop project teams to match the challenges of each project. As environmental scientists and consultants, we understand the value and function of sensitive habitats and have the scientific expertise, resources, and innovation to design, create, and maintain wetland and upland habitat restoration projects, shoreline stabilization, beach planting, and native landscape areas. Our ecological engineering approach utilizes natural processes to achieve project objectives. We are on the forefront of the ecosystem restoration industry and have experience completing multi -million -dollar restoration projects. EarthBalance® has a strong commitment to research and development, and a diverse and experienced team of restoration experts. We are committed to large-scale habitat restoration, which we believe is most achievable by finding efficiencies of scale. EarthBalance® has completed numerous nuisance/exotic maintenance projects on public lands as a prime contractor under long-term contracts, such as Indefinite Delivery/Indefinite Quantity (IDIQ) Invasive Plant Treatment for the U.S. Fish and Wildlife Service and National Park Service. We are also an approved Invasive Plant Management Contractor for the Florida Fish and Wildlife Conservation Commission Upland Invasive Plant Management Program. We have experience with the National Park Service Exotic Plant Removal IDIQ and as a subcontractor for the Eastern Revegetation IDIQ for the National Park Service. We have held library contracts for Vegetation Management with Collier County, Lee County, Sarasota County, Hillsborough County, and Osceola County for over 10 years, as well as with the South Florida Water Management District and the Southwest Florida Water Management District. Operations EarthBalance® has an operations center on 18 acres in Nocatee, Florida. The Nocatee Operations Center houses much of our equipment and our native plant nursery. We have an extensive array of equipment including swamp buggies, tractors, skid steer, mulching skid steer, native seeding equipment, ATVs/UTVs, airboats, and motorboats. Our mechanics run routine maintenance on our equipment to ensure we are running at full capability. Often the equipment cannot be moved when it breaks down, so our mechanics are experienced in repairing equipment in the field. Our team members are also licensed and permitted at state and federal regulations levels to operate machinery and tools for large-scale projects. No project is too big. Our Project Managers are degreed professionals with extensive education and training in the environmental sciences, including specialties in botany, wetland hydrology, protected species, and natural resources management. Our Project Managers and Crew Supervisors are licensed to apply approved herbicides in sensitive habitats. Our in-house labor force is trained in safety and native and exotic plant identification. Our crew members are employee owners and make up 70% of our company. We believe having trained in-house crew members sets our company apart. It allows us to implement complex restoration plans effectively and successfully in sensitive environments with greater predictability. If it is necessary to supplement our crews with temporary labor, we're able to obtain individuals with previous experience working in similar habitats, and they'll be mixed in with our experienced crew to ensure proper and consistent oversight. We develop teams that live up to their responsibility. Methods EarthBalance® fights exotic plant invasion with techniques appropriate to protect and manage natural ecosystems. We apply environmental science and industry -leading technologies to develop ecological solutions that balance nature with the needs of people to remain on the forefront of the ecosystem restoration industry. Our philosophy is to use the least damaging technique and herbicide that will achieve the desired result, and to always think of a long-term solution to avoid repetitive treatments. We know the intent of permit conditions, and we implement innovative strategies to overcome the challenges faced during project implementation. Our customized solutions include selective hand removal of exotic plants in highly sensitive areas, selective spraying of herbicide on exotic or invasive vegetation, and mechanical removal. Invasion of exotic plants or nuisance plants often follows some environmental change that must be corrected to sustain control of these unwanted plants. We work with land managers to identify the factors we can correct to make long-term control achievable for the least cost. For foliar applications, equipment such as handheld spray bottles, backpack sprayers, or single hose vehicle mounted spray tanks will be used. The proper herbicide will be mixed with the required adjuvants such as surfactants and tracer dye. Foliar applications will be performed selectively to minimize non -target damage or broadcast where damage to non -target vegetation is not a concern, or a selective herbicide is used. Typical species treated by this method may include seedlings and saplings of Brazilian pepper (Schinus terebinthifolia), melaleuca (Melaleuca quinquevervia), tropical soda apple (Solanum viarum), other invasive exotic trees and shrubs, and most herbaceous invasive exotics. For basal bark treatment, the herbicide is typically applied using a handheld spray bottle or backpack. The herbicide will be applied directly to the bark approximately 12-15 inches above the ground around the circumference of the main stem(s) of each tree or shrub. Species treated by this method may include Brazilian pepper, earleaf acacia (Acacia auriculiformis), castor bean (Ricinus communis), and primrose willow (Ludwigia spp.). For the frill -and -girdle method, the cambium will be completely cut around the entire circumference of the tree with the cuts angled downward to prevent herbicide runoff. Herbicide will be applied to the cut using either a backpack or handheld spray bottle. Typical species treated by this method include melaleuca and Australian pine (Casuarina equisetifolia). EarthBalance® employs standard decontamination protocols for equipment and personnel prior to entering or leaving the properties and new treatment areas. This includes, but is not limited to, washing equipment and vehicles regularly and making sure all crew members change work clothes daily to prevent the spread of seed and spores. Chemical containers, trash, and debris created by field crew will be disposed of properly at the end of each workday. EarthBalance® applies the highest technology available to restore, protect, and maintain natural systems. Our use of GIS and related technologies exemplifies this commitment. Because much environmental and spatial data are already available from public agencies, accessing this data saves time and money, while assuring consistency. With GIS, we can collect and store geographically referenced data about the environmental features on the property where we are working. Our crews use hand-held GIS units to track their daily activity. These data are reviewed to maximize coverage of the site and minimize overlap. Supervisors and Project Managers have iPads with project information and aerial imagery downloaded to allow GIS tracks to be monitored daily. All supervisors also have a smart phone for safety and to monitor changing weather conditions. We offer a wide range of GIS-based environmental services, including aerial photographic habitat mapping, cultural site mapping, mapping for environmental assessments and management plans, flora and fauna inventories and monitoring, and development of geospatial databases for project sites. Communication EarthBalance® is dedicated to maintaining clear lines of communication with project owners throughout the project's life cycle. Prior to starting work, we notify the owner of the intended start date, as well as the intended completion date. The Project Manager holds a kickoff meeting with the Crew Supervisor and, ideally, the owner. This meeting would be used to properly convey the scope of work, with special emphasis being placed on restrictions on access. The Project Manager and the Crew Supervisor would be responsible for working directly with the owner. The Vice President of Operations, Project Coordinator, and Project Managers hold weekly meetings to review projects, the crew schedule, and equipment needs. During the meeting, we review quality assurance and quality control, scope of work, problems, solutions, and how work is progressing compared with our budget. A daily schedule variance report is sent out to employees indicating whether we are on track with project predicted production rates. This allows Project Mangers to see in real time if a project is slipping, to identify reasons, and implement corrective action plans. To help foster teamwork and productivity, EarthBalance® utilizes mobile and online technologies such as a company app and SharePoint. The company app allows for push notifications such as the monthly safety topic to reach employees in real time, meaning that even the crew in the field will have up-to-date information. SharePoint is a cloud -based sharing and collaboration tool, where information like the schedule variance report or project load lists are uploaded so they can easily be accessed anywhere in the field. EarthBalance® submits invoicing upon completion of work and confirmation of owner's satisfaction. Invoices are submitted to the owner as designated by the owner/contract terms, along with any required project documentation such as Vegetation Management datasheets and GPS track logs. EarthBalance® has successfully implemented these communication methods on all our contracts. Quality of Work The Crew Supervisor and Project Manager are responsible for ensuring the entire crew adheres to our prescribed methods, including proper search patterns and treatment methods. The Crew Supervisors work alongside the crew in the field to ensure that contract parameters and scope of work (SOW) are properly met and that we're working efficiently. Crew Supervisors will also follow-up behind the crew to make sure no part of the SOW was overlooked. Although they will also be productive in vegetation management services, their primary role will be to leverage themselves and make sure the crew is working quickly and effectively to avoid the need to return for re -treatment. The primary Crew Supervisor and the Project Manager will have regular and consistent contact with the owner regarding project progress and completion. At EarthBalance® we consistently check our projects' progress so that the services we provide are not only effective but efficient. Site visits during production allow us to make necessary equipment and personnel changes, utilizing our strengths to maintain committed production rates. SAFETY, SAFETY, SAFETY EarthBalance® minimizes risk by strict enforcement of safety policies and procedures, USLH and Jones Act Insurance for on or near water activities, and DOI safety certification for airboat operators. Key staff members are also certified in first aid and CPR. EarthBalance® has an excellent safety rating with an Experience Modification Rating (EMR) of 0.64. We hold daily tailgate safety meetings on project sites, electronically distribute monthly safety topics, provide periodic company -wide safety and training sessions, and encourage crew members to watch over each other through a safety incentive program. Our safety goal is simple: we want each employee of EarthBalance® to return home safely every day. Through our experience, we have refined our techniques, equipment, transportation methods, supervision, and crew training. We inspect equipment and chemicals each day before leaving for the job site. At the start of any project, our licensed applicator (crew supervisor) and crew leader will orient the crew to the challenges of the project area, target species, native species, proper treatment techniques, safety considerations, transportation methods, and emergency considerations. We provide this orientation as well as daily safety meetings to discuss site - specific hazards at no cost to the client. We have refined our approach to ensure that both the crew supervisor and crew leader are aware of all aspects of the project to provide backup leadership to ensure that the project continues efficiently should one leader become ill or injured. As a result of the remote nature of many project sites, safety procedures will be closely monitored. The ground crew supervisor will hold daily safety meetings and inspect all crew to make sure they have the proper equipment and adequate water supply for the day. The crew supervisors will carry adequate first aid kits. Each buggy or airboat will be equipped with a cell phone and other two-way communications. Safety logs are turned into our Company Safety Representative on a weekly basis. Any injuries or other safety incidents occurring on this project will be immediately reported to our Company Safety Representative and the Contracting Officer Representative (COR) (following any necessary calls to emergency personnel). EarthBalance® crew members are provided personal protection equipment (PPE) and at a minimum will be outfitted with long-sleeved safety -orange shirts, gloves, boots/waders, shin guards, working cell phones (or two-way radio if reception if poor), and ANSI certified safety glasses. Additional project specific safety equipment, such as chainsaw protection, is provided to the crew members when required. Spray equipment will be high -quality material, tested, and calibrated prior to entering the project area. Crew Supervisors will be certified by the American Red Cross in First Aid, AED, and CPR techniques and each vehicle will be equipped with a first aid kit. Excess herbicide, equipment, personal belongings, etc. will be secured in a locked vehicle/trailer. CO�EarthBalance� Company Owned Equipment Vehi es Chipper 42 4-wheel drive pickup trucks - F150s, F250s, F350s, & Dodge Rams 2 Vermeer chipper w/ trailer 7 I Swamp buggy Herbicide Sprayers 3 15-passenger van 8 Gas power skid sprayers 1 Dodge Ram 3500 flatbed truck 15 25-gallon electric chemical sprayers 4 Passenger vehicles 8 50-gallon chemical sprayers w/ skid frame 3 F350, F450, F550 dump trucks Trailers 5 Gooseneck trailers — to mobilize tractors & attachments 7 Equipment trailers 25 Utility trailers 3 Dump trailer 11 Cargo trailers (Enclosed) ATVs 34 Honda/Polaris 4x4 ATVs 2 Kawasaki mules 2 Suzuki 4x4 ATVs 15 Polaris/ John Deere UTV's Tractors/Skid Steers and Attachments 1 New Holland 4x4, 60 HP & 70 HP 1 Kubota tractor 4WD, 84 PTO 4-cylinder engine, hydraulic shuttle 1 Kubota tractor w/ front loader, fixed bar scanner & rotary cutter 2 John Deere 3038 E tractor w/ Frontier Disc, Frontier Mower, 305 Loader attachments 4 Skid steers w/ bucket, root grapple, & fork attachments 2 Grasslander seeder 2 Takeuchi: TL10 with Mower / Mulcher 4 Flail -Vac seed harvesters 1 Dixie chopper mower 1 Landscape rake 1 Takeuchi TL12R2 with Fecon Mulching Head 1 Marsh Master MM2 Boats (with trailers) 8 Airboats equipped w/ custom spray equipment 4 Jon boat 2 21-foot Carolina skiff 2 14-foot Carolina skiff 1 24-foot Pathfinder Bay Boat 85 Backpack sprayers 1 100-Gallon Skid Sprayer 1 250- Gallon Skid Sprayer Water Equipment 2 1,000-gallon water tanks 2 500-gallon water tank 8 2-inch water pumps Hand Equipment 10 Stihl BT 131 Augers 38 Stihl Drills MBT 45 3 Stihl HS 80 hedge trimmers 45 Chainsaws 20 Polesaws 4 Stihl Brush Cutter FS 460 13 Stihl backpack blower 1 Honda pressure washers Specialty Equipment 2 ProDSS Water Quality Meters, Licor LI-250A light meter, Licor Underwater Quantum Sensor 1 RICOH GPS Camera System 188 Garmin Etrex 10 GPS Trackers 1 Olympus GPS Camera System GIS and Computer Support Equipment 3 ArcGIS workstations 1 Esri ArcGIS Spatial Analyst Extension 1 AutoCAD Map 3D 2023 1 Trimble GeoXT 2008 Series Cloud -based Computer Capabilities EarthBalance® utilizes the latest Cloud technology to manage, maintain, and protect our project and business data. Our Cloud servers are equipped with triple redundancy, ensuring that we will never lose our data. Being on the Cloud allows staff to access data anywhere at any time and allows us to keep working even if an emergency situation such as a hurricane impacts an office. 1.888.536.2855 www.earthbalance.com info@earthbalance.com Balance Sheet Thursday, June 22, 2023 7:00:12 PM EarthBalance As of period 5/31/2023 Balance 1000.000 Petty Cash 700.00 1017.000 Synovus Checking Account 253,500.12 1018.000 Chase Checking Account 249,993.61 1020.000 PNC Operating Account 481,103.05 1021.000 PNC Payroll Account (18,941.83) 1022.000 PNC Money Market Account 236,705.15 Subtotal 1, 203, 060.10 1100.000 Accounts Receivable 3,215,157.32 1101.000 Nursery Accounts Receivable 19,082.10 1103.000 A/R Retainage 96,650.13 1108.000 Accrued Receivables 267,975.43 1110.000 Allowance for Uncollectible AR (25,000.00) 1119.000 Prepaid Insurance 241,925.32 1120.000 Prepaid Expenses 112,286.23 1121.000 Prepaid Taxes 800.00 Subtotal 3, 928, 876.53 1201.000 Nursery Inventory 618,221.99 1202.000 Chemical Inventory 136,349.43 1270.000 Safety Inventory 5,171.97 1275.000 Small Tools & Supplies 66,787.59 Subtotal 826,530.98 1300.000 Office & Furniture 198,514.41 1302.000 Computer Equipment/Software 218,791.80 1304.000 Project Equipment 1,636,118.12 1308.000 Boats & Trailers 766,684.07 1310.000 Autos & Trucks 2,691,247.29 1313.000 Leasehold Improvements - North Port ` 239,348.77 1316.000 Leasehold Improvements - St Cloud 3,390.00 1318.000 Website & Marketing 120,447.73 1320.000 Nocatee Equipment 114,713.43 1325.000 Nocatee Property 196,903.21 1326.000 Nocatee Property Improvements 1,667,142.17 1350.000 Accumulated Depreciation (4,285,133.05) 1360.000 Right of Use Lease (Finance) 1,020,309.06 1365.000 Finance Lease Accumulated Amortization (590,351.65) 1370.000 Right of Use Lease (Operating) 49,503.09 1375.000 Operating Lease Accumulated Amortization (19,164.13) Subtotal 4, 028, 464.32 1401.000 Investment In Myakka Mitbank 1,018,767.67 1405.000 Investment in Earthbalance Capital LLC 1,765,905.00 Subtotal 2, 784, 672.67 1504.000 Security & Rent Deposits 23,135.12 1515.000 Loan Costs 17,805.57 1516.000 Accumulated Amortization (11,439.07) 1521.000 Note Receivable - EB ESOP 798,835.84 Subtotal 828,337.46 Total Assets 13,599,942.06 2000.000 Accounts Payable 776,223.55 2000.001 Visa Credit Card Payable 182,066.93 2003.000 Salaries Payable 50,266.36 2005.000 Retainer 21,735.56 2006.000 Nursery Customer Deposits 7,934.75 2008.000 ESOP Contribution Payable 593,333.39 v5.5.9.0 (Amy Provencal) - Page 1 of 2 Balance Sheet As of period 5/31/2023 Thursday, June 22, 2023 7:00:12 PM Balance 2011.000 Accrued Work.Comp.lnsur. 6,033.00 2012.000 Insurance Payable 113,526.92 2018.000 Sales Tax Payable 873.25 2019.000 ESOP PAC Contribution Payable 198.00 2020.000 FUTA Payable 276.18 2025.000 SUTA Payable 154.04 2028.000 Employee Expenses 94.64 2042.000 Escheats Liability 156.18 2045.000 Open PO Accrued Expense 16,545.57 2050.000 Accrued Expenses 163,208.39 2050.035 Accrued Expenses -Temporary Labor 77,338.67 2051.000 Accrued Expenses - FL DMS Fees 20,763.78 2061.000 Flex Account - DHR 1,205.82 2063.000 FlexAccount -WRW 1,100.00 2068.000 Flex Account - MC (839.20) Subtotal 2,032,195.78 2130.000 Kobota Loan 66266396 (222.58) 2140.000 Finance Lease - North Port Office 533,271.98 2141.000 Finance Lease - Ft Myers Warehouse (.01) 2143.000 Finance Lease - Canon Copiers 14,026.72 2150.000 Operatiing Lease - St Cloud Office 5,734.95 2151.000 Operatiing Lease - St Cloud Warehouse 24,745.26 Subtotal 577,556.32 011 2237.000 FMCC COV - 1531 2021 Ford F150 43,043.28 Subtotal 43,043.28 2310.000 BBVA Loan 18 Nocatee Mortgage 112,551.06 2350.000 BBVA Term Loan 0656770078340 105,916.44 2360.000 BBVA Paycheck Protection Program Loan 226,917.55 2365.000 BBVA Equipment Line of Credit 227,563.17 Subtotal 672,948.22 Total Liabilities 3,325,743.60 3000.000 Common Stock 6,081.00 3001.000 Treasury Stock (3,975,063.40) 3002.000 Paid in Capital � 1,234,207.87 3006.000 Acctg Principle Chg (Cumulative Effect) (131,435.39) 3010.000 Retained Earnings 13,021,531.54 3020.000 Current Year Profit and Loss 118,876.84 Subtotal 10, 274,198.46 Total Net Worth 10,274,198.46 Total Liabilities and Net Worth 13,599,942.06 v5.5.9.0 (Amy Provencal) - Page 2 of 2 Income Statement Thursday, June 22, 2023 7:09:33 PM EarthBalance As of period 5/31/2023 Year -to -Date % of Rev YTD 4000.000 Revenue 6,493,310.75 91.46% 4001.000 Nursery Revenue 547,713.09 7.71% Subtotal 7,041,023.84 99.18% 4100.000 Reim. Expense Income 7,555.58 .11% Subtotal 7,555.58 .11 % 4200.000 Outside Service Income 2,046.00 .03% Subtotal 2,046.00 .03 % 4400.000 Myakka Mitbank Mgt Fees 25,043.90 .35% Subtotal 25, 043.90 .35% 4505.000 EIP Sales Commission 23,884.50 .34% Subtotal 23, 884.50 .34% Total Revenue 7,099,553.82 100.00% 5005.000 Reim. Direct Exp 54.28 5005.002 Reim. Direct Exp - Plants 14,308.36 .20% 5005.003 5005.004 Reim. Direct Exp - Chemical Reim. Direct Expense -Lodging/PerDiem 25.45 62.34 5005.005 Reim. Direct Exp - Other 16,518.14 .23% Subtotal 30,968.57 .44% 5302.000 Nursery Retail Sales COS 100,983.15 1.42% Subtotal 100,983.15 ■ 1.42% 5402.000 Nursery Internal Sales COS 154,806.89 ` 2.18% Subtotal 154806.89 , 2.18% Total Reimbursables 286:758.61 4.04% Revenue Less Reimbursables 6,812,795.21 95.96% 5007.000 Chem Inventory Adjustment 10,459.79 .15% 5020.000 Direct Salaries <01 1,451,633.66 20.45% 5021.000 _ Nursery Inventory Adjustment (353,474.49) -4.98% Subtotal 1,108, 618.96 15.62% 5500.001 Direct Exp - EB Plants �106 302,730.32 4.26% 5500.002 Direct Exp - Outside Plants 349,631.81 4.92% 5500.003 Direct Exp - Chemical 192,674.19 2.71 % 5500.004 Direct Exp - Lodging/PerDiem/Travel 459,779.48 6.48% 5500.005 Direct Exp - Other Direct 942,087.20 13.27% 5500.006 Direct Exp - Leased Personnel 911,143.86 12.83% 5500.007 Nursery Leased Personnel 185,841.22 2.62% 5500.008 Direct Exp - Commission Expense 8,359.58 .12% Subtotal 3,352,247.66 47.22% Total Directs 4,460,866.62 62.83% Revenue Less Reimbursables, Directs 2,351,928.59 33.13% 6004.000 Marketing 25,400.29 .36% 6004.001 Membership Dues 6,420.53 .09% 6004.002 Internal Marketing/Culture Committee 5,012.67 .07% 6005.000 Lodging/Travel 13,500.70 .19% 6006.000 Food 6,434.50 .09% 6010.000 Fuel 167,745.74 2.36% 6017.000 Amortization - Finance Lease 33,820.86 .48% 6018.000 Amortization - Operating Lease 19,916.09 .28% 6019.000 Amortization - Loan Cost 1,067.59 .02% 6020.000 Depreciation 291,538.09 4.11% 6029.000 Life Insurance - Officers 5,954.74 .08% 6030.000 Health Insurance 133,133.44 1.88% v5.5.9.0 (Amy Provencal) - Page 1 of 2 Income Statement As of period 5/31/2023 Thursday, June 22, 2023 7:09:33 PM Year -to -Date % of Rev YTD 6031.000 General Insurance 348,407.92 4.91% 6032.000 Workers Comp Insurance 29,976.00 .42% 6035.000 Interest Expense 8,904.51 .13% 6036.000 Interest Expense - Finance Lease 10,679.72 .15% 6041.000 Professional and Consulting 62,510.02 .88% 6045.000 Workshops/Training 2,769.73 .04% 6053.000 ESOP Contribution 333,333.35 4.70% 6061.000 Field Supplies 126,784.94 1.79% 6061.001 Supplies - Nursery Soil 26,717.60 .38% 6063.000 Safety Supplies 13,828.22 .19% 6065.000 Rent 8,376.78 .12% 6068.000 Lease Expense - CAM & Other 17,002.69 .24% 6070.000 Maintenance and Repairs 129,797.61 1.83% 6072.000 Lease/Rental Equipment 6,814.93 .10% 6073.000 Licenses 3,916.08 .06% 6074.000 Phone 19,794.86 .28% 6075.000 Utilities 15,086.69 .21 % 6077.000 Postage & Shipping 5,055.50 .07% 6080.000 Office Expense 27,418.72 .39% 6082.000 Leased Personnel 11,348.40 .16% 6085.000 Payroll Tax 133,903.54 1.89% 6086.000 Taxes - Property and Other 11,022.36 .16% Subtotal 2, 063, 395.41 29.06% 6115.000 Technology 131,271.81 1.85% 6120.000 Salaries and Wages 752,757.59 10.60% 6121.000 Employee Benefits 9,103.00 .13% 6126.000 401(k) Matching Contribution 37,499.90 .53% 6135.000 Employee Bonus 400.00 .01 % Subtotal 931,032.30 13.11 % 6902.000 Burdened Rate Credit (567,357.87) -7.99% Subtotal (567,357.87) -7.99% Totallndirects 2,427,069.84 34.19% Total Operating Expenses 7,174,695.07 101.06% Total Operating Profit/Loss (75,141.25) -1.06% 4610.000 Partnership Inc - Myakka MB (129,456.25) -1.82% Subtotal (129,456.25) -1.82% 4750.000 Miscellaneous Incomes (56,402.63) -.79% 4760.000 (Gain) Loss on Disposal of Assets (2,792.21) -.04% 4770.000 Interest Income (5,367.00) -.08% Subtotal (64,561.84) -.91% Total Other Charges (194,018.09) -2.73% Total Profit/Loss 118,876.84 1.67% v5.5.9.0 (Amy Provencal) - Page 2 of 2 f WALLACE WELCH & WILLINGHAM INSURANCE & RISK MANAGEMENT SINCE 1925 04/ 10/2023 EarthBalance Corporation Attn: Melanie M. Cortes, H R Generalist 2570 Commerce Parkway North Port, FL 34289 Dear Melanie, The current and historical experience modification factors are provided to assist you in establishing your budgets or biding on future work. This practice poses a significant advantage to employers needing to accurately anticipate insurance costs. The current and historical factors have been confirmed by NCCI: Expiration date - 4/1/2024 - .64 Expiration date - 4/1/2023 - .71 Expiration date - 4/1/2022 - .78 Expiration date - 4/1/2021 - .77 Expiration date — 4/1/2020 - .71 Should you have any questions, please feel free to reach out to your account manager Debbie Bailey. Sincerely, Commercial Lines Service Team on behalf of Debbie Bailey, CIC, CISR, CPIW Senior Client Service Manager (727) 522-7777 ext 175 Wallace Welch & Willingham 300 First Avenue South, Fifth Floor, St. Petersburg, Florida 33701 Phone:727.522.7777 • Toll Free:800.783.5085 • Fax: 727.521.2902 W3ins.com / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 3(MM/DD3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificates/Commercial Lines Wallace Welch & Willingham, Inc. PHONE FAX 300 1 st Ave. So., 5th Floor AIC No Ext : 727-522-7777 AIC No): 727-521-2902 ADDRESS: certificates@w3ins.com Saint Petersburg FL 33701 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: FCCI Ins. CO. 10178 INSURED EARTCOR-01 INSURER B : National Trust Ins. Co. 20141 EarthBalance Corporation dba Earthbalance INSURER C : Homeland Ins Co of New York 34452 INSURERD: Amerisure Ins. Co. 19488 2570 Commerce Parkway INSURER E : North Port FL 34289 INSURER F : COVERAGES CERTIFICATE NUMBER:676631477 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL10002827505 8/23/2022 8/23/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR TED PREMISES (Ea oDAMAGE TO ccurrence) $ 100,000 MED EXP (Any one person) $ 5,000 X XCU Included PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 � PRO - POLICY LOC PRODUCTS - COMP/OP AGG $ 2,000,000 X $ OTHER: Primary Non Cont A AUTOMOBILE LIABILITY CA100007934300 8/23/2022 8/23/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR UMB10001683606 8/23/2022 8/23/2023 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ p WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC209646707 4/1/2023 4/1/2024 X PER OTH- STATUTE ER U.S.L.H ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional / Pollution Liab 7930075900005 2/18/2023 2/18/2024 Each Claim/Aggregate $2M/$2M Retro Date 2/18/1997 Deductible 15,000 Excess Liab Per Occurrence/Aggreg $5M/$5M DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. For Information Purposes Only AUTHORIZED REPRESENTATIVE 1 1 gb-11`7 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD �PNCBANK May 3, 2023 RE: EarthBalance Corporation 2570 Commerce Parkway North Port, FL 34289 To Whom It May Concern, EarthBalance Corporation have been clients of the bank since 2018. They maintain deposit and credit accounts and all accounts are in good financial standing. Please let me know if you require any additional information. Sincerely, Frank Santora Commercial Banking Relationship Manager Vice President PNC Bank 1549 Ringling Blvd 2"d Floor Sarasota, Florida 34236 (P) 941-362-8207 Frank. s antora(&,pnc. corn Rev 9/18 40 FLORIDA SURETY BONDS, INC. August 17, 2017 RE: Earthbalance Corporation To Whom It May Concern, 620 N. Wymore Road Suite 200 Maitland, FL 32751 (407) 786-7770 ♦ Fax (407) 786-7766 1326 S. Ridgewood Avenue, Suite 15 Daytona Beach, FL 32114 (386) 898-0507 ♦ Fax (386) 898-0510 Toll Free (888) 786-BOND ♦ Fax (888) 718-BOND www.FloridaSuretyBonds.com We are pleased to be the surety agents for Earthbalance Corporation and have served them since 2007. Bonds are currently written through North American Specialty Insurance Company which is A.M. Best Rated "A+, XV" and has a U.S. Treasury Listing of $23,359,000. We have investigated both the performance references and the financial capabilities and are pleased to recommend them to you. They have built a fine team of professionals and I'm sure that you'd be pleased with their work. We usually anticipate no difficulties in providing surety bonds for Earthbalance Corporation in the $7,500,000 single, $20,000,000 aggregate range. This letter is not a commitment to provide any bonds unless all underwriting requirements including contract, bond form and financing review are met prior to issuing any bonds. Neither our agency, nor the surety is liable for any damages relating to this letter or project. Should you have any questions, please do not hesitate to contact us. Sincerely, r Susan Reich Vice President o Coi;,Irpty xer Pi ocurement Services [Division Form 4 Reference Questionnaire (USEONEF9RMFOREACHKEOU1 R1 D REFERENCE) nce Vegetation Rem —oval solicitation: 23-8135 xotic and Nuis Reference Questionnaire r: EarthBalance Corporation (Name of Company Re luesting Reference I formation) Nora Hults, Proposal 3pecialist (Name of Individuals Requesting Reference Information) � Name: Mary Barnwell, Environm ntal Lands Management oordinator Company: i"Iillsborough County (Evaluator completing ref rence questionnaire) (Evaluator's Company completing reference) Email: barnwellm hillsbo ou hcount .or AX: (352) 259-2984 Telephone: (813) 853-1166 Collier County has implemented of firms to perform this project. a process that collects The Name of th reference information on firms and their key personnel to be used in the selection Company listed in the Subject above has listed you as a client for which they have previously performed work. with 10 representing that Please complete the were survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, you unsatisfied (and would never very satisife hire the fmn/indivdi (and would hire the firm/individual again) and 1 representing that you were very al again). If you do not have .sufficient knowledge of past performance in a particular area, leave it blank and the i em or form will be s ored "0." Upper Project Description: Invasive Little Manatee Ri Species Treatments jer Completion Date: May 2021 Project Budget: $67,76 .00 Project Number of Days: 19 days Item 1 Ability to manage the project costs (r, Criteria iinimize change orders to scope). Score must be completed) -maintain O 2 Ability to project schedule(complete on -time or early). 10 3 Quality of work -" 4 Quality of consultative advice provid d on the project. 5 Professionalism and ability to manag personnel. 6 Project administration (completed documents, final invoice, fma] product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbal y communicate and ocument information clearly and succinctly. 8 Abiltity to manage risks and unexpecled project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort evel with hiring the ompany in the future (custoYrier satisfaction). TOTAL SCORE OF ALL ITEMS 0>3 Co Ter C014V ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: (Name of Company Requesting Reference Information) Nora Hults, Proposal Specialist (Name of Individuals Requesting Reference Information) Mike Knight, Biological Scientist III & Name: Wildfir Prevention Coordinator Company: Florida Forest Service (Evaluator comp reference questionnaire) (Evaluator's Company completing reference) Email: Mike.Knight@fdacs.gov FAX: N/A 690-8032 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Picayune Strand Cabbage Palm Project Description: Thinning Project Budget: $104,468.00 Completion Date: July 2022 Project Number of Days: 4 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Florida Forest Service Co Yer C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: EarthBalance Corporation (Name of Company Requesting Reference Information) Nora Hults, Proposal Specialist (Name of Individuals Requesting Reference Information) Name: Mitchell Barazowski, Environmental Specialist Company: Collier County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Mitchell.Barazowski@colliercountyfl.gov FAX: N/A Telephone: 239 631-0162 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Otter Mound Preserve Project Description: Exotics Treatment Project Budget: $7,990.00 Completion Date: September 2021 Project Number of Days: 3 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Co Yer C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: EarthBalance Corporation (Name of Company Requesting Reference Information) Nora Hults, Proposal Specialist (Name of Individuals Requesting Reference Information) Name: Nathalie Smith, Parks Naturalist (Evaluator completing reference questionnaire) Email: ndsmith@scgov.net FAX: N/A Company: Sarasota County (Evaluator's Company completing reference) Telephone: (941) 661-1213 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Lemon Bay Park cutting, removal Project Description: and mulching of Brazilian pepper Project Budget: $42,000.00 Completion Date: April 2022 Project Number of Days: 4 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Co Yer C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: EarthBalance Corporation (Name of Company Requesting Reference Information) Nora Hults, Proposal Specialist (Name of Individuals Requesting Reference Information) Name:Nic DeFilippo, Senior Environmental Planner Company:Lee County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: ndefilippo@leegov.com FAXA/A Telephone: 239 533-8983 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Deep Lagoon Exotic Treatment Project Budget: $38,890.00 Completion Date: March 2023 Project Number of Days: 5 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS Proven Experience Table No. of Original Final End Original Project Final Project Project Description Client Name Start Date Change End Date Date Amount Amount Orders Treating an 882-acre portion of Wild Turkey Strand 2022 Preserve for all listed Category I & II FISC invasive exotic Lee County Board of County Apr-22 Oct-22 Oct-22 $ 233,730.00 $ 233,730.00 0 Commissioners plants species. Mulching of cabbage palms (Sabal palmetto) and Sarasota County Board of 2021 underbrush (including oak tree species) to ground level Apr-21 May-21 May-21 $ 18,250.00 $ 18,250.00 0 County Commissioners within 11.53 acres of Curry Creek Preserve. Initial herbicide treatment of melaleuca (Melaleuca 2020 quinquenervia) on 799 acres of Edison Farms Preserve in Florida Fish and Wildlife Mar-20 Apr-20 Apr-20 $ 298,826.00 $ 298,826.00 0 Conservation Commission Lee County, Florida. Two post -seeding herbicide treatments of all listed Category I & II FISC invasive exotic plants species, as well 2019 Manatee County Board of Sep-19 Dec-19 Jan-20 $ 18,776.00 $ 18,776.00 0 as target species designated by the client, on County Commissioners approximately 34.7 acres at Hidden Harbor Park. Responsible for hand -removal and disposal of exotic and nuisance vegetation, as well as brush, roots, rubbish, debris, and any other protruding objects, obstructing flow Collier County Board of 2018 Apr-18 May-18 May-18 $ 55,988.00 $ 55,988.00 0 within 7.56 acres of a Pelican Bay Services Division County Commissioners drainage easement located at the Ritz Carlton Resort of Naples. EarthBalance® Specialized Expertise of Team Members 1. Company Organizational Chart 2. Proposed Project Organizational Chart 3. Resumes a. James Barron b. Tyson Albert c. Calvin Serviss I�* d. Jimmy Laroque e. Erik Sandsmark f. Scott Miller g. Juan Lopez h. Christopher Boyce i. Kyle Joint j. Crew Supervisors k. George Sprehn I. Amber Halstead m. Madeline Pike 4. FDACS Commercial Applicator Licenses 5. Licenses and Certifications /'—EarthBalanco ;�(-�)EarthBalancle� Organizational Chart VP of Finance Controller VP of Business Mgmt. Wade Waltimyer Amy Provencal Cris Borowski Business Systems Ecologist III Finance/Payroll Coordinator Amber Halstead Administrator Melinda Deal Annika Wallace Tech Asst III Ecologist I A/P Coord. Natalie Bailey Madeline Pike Lisa Stansbury Tech Asst III Payroll Assoc. Becky Adams Mitigation Banking Ashleigh Holcomb Investments Field Operations Coordinator Dalia Manriquez Nursery Coordinator Ebonie Gorniak Board of Directors Sarah Laroque Don Ross Wade Waltimyer Gray Stevens President/CEO Sarah Laroque Business Development HR Manager & EEO Coordinator Melanie Cortes Business Development Coord. Tanya Lukowiak LProposal Specialist Nora Hults VP of Operations Erik Sandsmark Project Managers Senior PM Chrissy Hensel PM II Jimmy Laroque PM II Calvin Serviss PM I James Barron PMI Will Durinick PM I Tyson Albert GIS Analyst George Sprehn Operations Manager Scott Miller Mechanic II Kelly Parker APMs / ERTs Kyle Joint Chris Boyce Mechanic I Roger Bacon Crew Supervisors Sergio Ortiz QA/qC Specialist Rem! Santiago Juan Lopez North Crew South Crew Nursery Manager Joe Hayden Asst Nursery Grower OPEN Nursery Maintenance Antonio Ortiz Nursery Crew EarthBalance' Earth Balance° Proposed Project Organizational Chart Vice President of Operations/Senior Advisor Erik Sandsmark GIS George Sprehn Project Ca Scott Project Manager James Barron, Tyson Albert, James Laroque, Calvin Serviss Ecologists Amber Halstead, Madeline Pike Assistant Project Managers Christopher Boyce, Kyle Joint ("—EarthBalance �EarthBalance BACKGROUND Mr. James Barron effectively manages the efficient and accurate completion of large- scale ecosystem restoration projects in some of the most vulnerable ecosystems in Florida, including Corkscrew Swamp Santuary and Big Cypress National Preserve, Congressionally designated wilderness, part of the Great Florida Birding and Wildlife Trail. He has proven competency in ecosystem restoration and invasive species management. Mr. Barron has extensive knowledge in various treatment methods and patterns, the identification of exotic plant species and how to differentiate them from lookalike native plant species. He manages and schedules his projects with the use of Deltek VantagePoint software, resulting in superior project performance, meeting all contract requirements. EDUCATION ALLEGHENY COLLEGE — MEADVILLE, PA — BS, ENVIRONMENTAL GEOLOGY BS, ENVIRONMENTAL SCIENCE LICENSES & • State of Florida Commercial Applicator License — Aquatic and Natural Areas CERTIFICATIONS . American Red Cross First Aid/CPR/AED • OSHA 30hr General Industry PROJECT EXPERIENCE FISHEATING CREEK WMA EXOTICS TREATMENTS Project Manager for the ongoing maintenance treatment of select species, including Brazilian pepper (Schinus terebinthifolia), Australian pine (Casuarina spp.), and aquatic soda apple (Solanum tampicense) on 7,664.24 acres of Fisheating Creek Wildlife Management Area in Galdes County, Florida. Work was completed by a six -man crew utilizing a swamp buggy, ATVs with 26-gallon spray rigs, UTV with 50-gallon spray rig, and backpack sprayer. HOLEY LAND WMA TOE OF THE BOOT EXOTIC PLANT CONTROL Project Manager for both initial and ongoing maintenance treatment of Old -World climbing fern (Lygodium microphyllum) and Brazilian pepper (Schinus terebinthifolia) on 440 acres of the Toe of the Boot unit within Holey Land WMA in Palm Beach County, Florida. Work was completed by a six -man crew utilizing chainsaws, a Marsh Master, 50-gallon spray rig, and backpack sprayers. FAKAHATCHEE STRAND PRESERVE STATE PARK LYGODIUM Project Manager for the ongoing maintenance treatment of Old -World climbing fern (Lygodium microphyllum) on 548 acres of Fakahatchee Strand Preserve State Park in Collier County, Florida. Work was completed by a six -man crew utilizing chainsaws, a UTV, and backpack sprayers. MERRITT ISLAND NATIONAL WILDLIFE REFUGE S-BAND MELALEUCA REMOVAL Project Manager for the ongoing maintenance treatment of melaleuca (Melalueca quinquenervia) on 235 acres of Merritt Island National Wildlife Refuge in Brevard and Volusia Counties, Florida. Work was completed by a six - man crew utilizing backpack sprayers. JOHN U. LLOYD BEACH STATE PARK MIZELL-JOHNSON PLANT CONTROL (18277.98) Project Manager for both initial and ongoing maintenance treatment of select species, including day jessamine (Cestrum diurnum), scaevola (Scaevola taccada), and carrotwood (Cupaniopsis anacardioides), on 113.50 acres of Dr. Von D Mizell-Eula Johnson State Park in Broward County, Florida. Work was completed by a six -man crew utilizing a UTV and backpack sprayers. �Earth6alance BACKGROUND Mr. Tyson Albert effectively supervises the efficient and accurate completion of several large-scale ecosystem restoration projects. He has proven competency in ecosystem restoration and invasive species management. Mr. Albert has extensive knowledge of various treatment methods and patterns, the identification of exotic plant species and how to differentiate them from lookalike native plant species. He provides diligent attention to detail resulting in superior project performance, meeting all contract requirements. EDUCATION EVERGLADES UNIVERSITY — BOCA RATON, FL — BA, ENVIRONMENTAL POLICY AND MANAGEMENT SKILLS & Invasive, Exotic and Nuisance Plant Identification & Treatment Methods — GPS - Habitat ABILITIES Restoration — Team Leadership — Project Coordination — QA/QC LICENSES & • State of Florida Commercial Applicator License — Aquatic & Right -of -Way CERTIFICATIONS • State of Texas Commercial Applicator License — Aquatic Vegetation • State of North Carolina Commercial Applicator License — Right -of -Way • State of Florida CDL License • Sea School First Aid & CPR Certified EXPERIENCE E. DAUGHTREY'S CREEK MAINTENANCE Assistant Project Manager for maintenance along a portion of E. Daughtrey's Creek in North Fort Myers, Florida. The gross treated segements was approximateyl 4,230 linear feet. Treatment included the removal of nuisance vegetation, debris, and dead/dying trees along the entire creek/ditch and an initial herbicidal treatment of invasive species. Invasive grasses/herbaceous vegetation within the project extents were cut and removed. Native tree branches extending over and down into the creek/ditch were trimmed as needed. ALLIGATOR CREEK HABITAT RESTORATION PROJECT MAINTENANCE Assistant Project Manager for the contined site maintenance for 124 acres of estuarine, freshwater, and upland habitats at the Alligator Creek Habitat Restoration Project site in Punta Gorda, Florida. The herbicide treatment included the eradication and control of non-native and nuisance vegetation that inhibit the growth and success of native plant populations. Targeted species included all Category I and 11 species listed on the 2019 Florida Exotic Pest Plant Council's (FLEPPC) "List of Invasive Plant Species". MODEL LANDS BASIN ROLL OVER SOUTH DADE WETLANDS PAULTO'S LANDING Assistant Project Manager for the treatment of targeted species on 578 acres of Paulto's Landing within the South Dade Wetlands Project in southern Miami -Dade County, Florida. The project area consisted of sawgrass prairies dotted with tree islands that have been variably impacted by fire suppression and past farming practices. Targeted species were shoebutton ardisia (Ardisia elliptical), Austrialian pine (Casuarina spp.), melaleuca (Melalueca quinquenervia), Brazilian pepper (Schinus terebinthifolia), and climbing cassia (Senna pendula). The primary treatment method was cut stump in place with some foliar spray application also. �Earth6alance BACKGROUND Mr. Calvin Serviss has over 10 years of experience managing restoration projects of varying sizes and complexities within some of the most remote habitats in Florida including J.N. `Ding' Darling National Wildlife Refuge and Bahia Honda State Park, Congressionally designated wilderness, part of the Great Florida Birding and Wildlife Trail. Utilizing the Deltek VantagePoint software to manage and schedule projects, he oversees project turnover to achieve a successful job closeout meeting all contract requirements and goals. Mr. Serviss implements good business practices to proactively meet project budgets and schedule commitments. He drives operational practices on projects such as safety, risk assessment/management, and quality control. Mr. Serviss can lead teams on projects where the highest standards are demanded. EDUCATION UNIVERSITY OF CENTRAL FLORIDA — ORLANDO, FL — BS, BIOLOGY Dean's List — President's Honor Roll Certificate — FL Bright Futures Scholar LICENSES & • State of Florida Commercial Applicator License — Natural Areas CERTIFICATIONS . American Red Cross First Aid/CPR/AED PROJECT EXPERIENCE FRED C. BABCOCK CECIL M. WEBB WILDLIFE MANAGEMENT AREA 5-YEAR INVASIVE PLANT MANAGEMENT — YEAR 1 Project Manager for both intial and ongoing maintenance treatment of select species, including Japanese climbing fern (Lygodium japonicum), melaleuca (Melaleuca quinquenervia), and rosary pea (Abrus precatorius), on 15,646 acres of Babcock Web WMA in Charlotte County, Florida. Work was completed with a six -man crew utilizing chainsaws, swamp buggy, ATV with a 25-gallon spray rig, and backpack sprayers. YUCCA PENS 5-YEAR INVASIVE PLANT MANAGEMENT Project Manager for the ongoing maintenance treatment of select species, including West Indian marsh grass (Hymenachne amplexicaulis), Barzilian pepper (Schinus terebinthifolia), and downy -rose myrtle (Rhodomyrtus tomentosa), on 5,166 acres of the Yucca Pens unit in Charlotte and Lee Counties, Florida. Work was completed with a six -man crew utilizing chainsaws, an UTV, and backpack sprayers. CHASSAHOWITZKA WILDLIFE MANAGEMENT AREA ANNUTTELIGA HAMMOCK TRACT Project Manager for both intial and ongoing maintenance treatment of cogon grass (Imperata cylindrica) and natal grass (Melinis repens) on 1,278 acres of Annutteliga Hammock within Chassahowitzka WMA in Hernando County, Florida. Work was completed with a six -man crew utilizing chainsaws, ATVs with a 25-gallon spray rigs, and backpack sprayers. AVON PARK AIRFORCE RANGE EXOTICS REMOVAL Project Manager for both intial and ongoing maintenance treatment of cogon grass (Imperata cylindrica), Japanese climbing fern (Lygodium japonicum), and Old -World climbing fern (Lygodium microphyllum) on 535.66 acres of Avon Park Airforce Range in Highlands and Polk Counties, Florida. Work was completed with a six -man crew utilizing chainsaws, an UTV, and backpack sprayers. NATIONAL PARK SERVICE MULTIPLE SITES EXOTIC REMOVAL OPTION YEAR 1 Project Manager for the ongoing maintenance treatment of select species, including Chinese tallow (Triadica sebifera), Chinaberry (Melia azedarach), kudzu (Pueraria montana), on various NPS sites, Vicksburg National Military Park, Natchez Trace Parkway, San Antonia Missions National Historical Park, The Big Thicket National Preserve, Jean Lafitte National Historical Park, and Gulf Island National Seashore in Texas, Louisiana, and Mississippi. Work was completed with a six -man crew utilizing chainsaws, an airboat, a 50-gallon spray rig, and backpack sprayers. �Earth6alance BACKGROUND Mr. Jimmy Laroque has over 15 years of experience managing projects of varying sizes and complexities. He is accountable for contracted scopes of services, deliverables, project budgets, scope changes, and schedule commitments. He tracks project schedules and job costs using the Deltek VantagePoint software, allowing for accurate forecasts for project completion to ensure projects are finished on time and within budget. Mr. Laroque has worked on projects in some of the most ecologically sensitive sites in the State of Florida, such as Arthur R. Marshall Loxahatchee National Wildlife Refuge, a Congressional -designated wilderness site part of the Great Florida Birding and Wildlife Trail, and within the Biscayne Coastal Wetlands, part of the Miami -Dade County's Environmentally Endangered Lands Program. He has also completed several projects within the US Virgin Islands, such as Salt River National Historical Park and Ecological Preserve, and has gained knowledge of site -specific resource management methods, biological processes, and vegetation sample techniques. EDUCATION LUTHER COLLEGE — DECORAH, IA — BA, ENVIRONMENTAL STUDIES LICENSES & • State of Florida Commercial Applicator License — Natural Areas CERTIFICATIONS . ISA Certified Arborist • Certified Airboat Operator • Florida Green Industries Best Management Practices • American Red Cross First Aid/CPR/AED PROJECT EXPERIENCE TALLOW TREE, MIMOSA, AND CAMPHOR TREE TREATMENTS ON TYNDALL AIRFORCE BASE Project Manager for the initial treatment of select species, including Chinese tallow (Triadica sebifera), mimosa (Albizia julibrissin), and comphor tree (Cinnamomum camphora), within 1,213.58 acres Tyndall AFB located in the southeast corner of Bay County, Florida. Work was completed by a four -man crew utilizing ATVs and backpack sprayers. Due to the project site location on a secure base, all onsite personnel were badged. RE -TREATMENT OF EXOTIC PLANTS IN THE EASTERN COASTAL ZONE AND SOUTHERN HARDWOOD HAMMOCK, SANDS KEY, BISCAYNE NATIONAL PARK Project Manager for the maintenance treatment of all listed Category I and II species on the Florida Invasive Species Council's (FISC) "List of Invasive Plant Species" along 100-acres of Sands Key in Miami -Dade, Forida. Work was completed by a six -man crew utilizing a 26' Pathfinder, 50-gallon spray rig, and backpack sprayers. EVERGLADES NATIONAL PARK EXOTIC VEGETATION TREATMENT BLOCK 6 MIDDLE -WEST Project Manager for the maintenance treatment of punk tree (Melaleuca quinquenervia), Australian pine (Casuarina equisetifolia), Brazilian pepper (Schinus terebinthifilius), and Old -World climbing fern (Lygodium microphyllum), within 1,253 acres of Block 6 Middle area of the East Everglades District of Everglades National Park. Work was completed by a six -man crew utilizing a large airboat, chainsaws, and backpack sprayers. MODEL LANDS BASIN ROLL OVER SOUTH DADE WETLANDS PAULTO'S LANDING Project Manager for the maintenance treatment of select species, including shoebutton ardisia (Ardisia elliptica), Christmas cassia (Senna pendula), and Old -World climbing fern (Lygodium microphyllum), on 578 acres of Paulto's Landing located within the South Dade Wetlands in Miami -Dade County, Florida. Work was completed by a six - man crew utilizing a marsh master, brush cutters, chainsaws, jon boat, 50-gal spray rig, and backpack sparyers. KISSIMMEE RIVER CHANDLER SLOUGH FOLLOW-UP TREATMENT Project Manager for the maintenance treatment of select species, including cogon grass (Imperata cylindrica), Java plum (Syzygium cumini), and tropical soda apple (Solanum viarum), within 1,516.50 acres of Chandler Slough located on the northeast side of the Kissimmee River in Okeechobee County, Florida. Work was completed by a six -man crew utilizing an UTV and backpack sprayers. �Earth6alance BACKGROUND Mr. Erik Sandsmark joined the EarthBalance® team in 2006 and has extensive knowledge in plant species identification, maintenance, and monitoring. He has spent almost two (2) decades working within Florida ecosystems, managing and overseeing multiple ecosystem restoration projects at once with clients ranging from the private, local, state, and federal sector. His understanding of ecosystem functions results in innovative and cost-effective ecosystem restoration, achieving desired environmental benefits. Mr. Sandsmark is responsible for managing everyday operations, setting strategic goals, supervising and motivating staff, and implementing organizational policies. Having started at EarthBalance® as a Project Manager, his years of experience bring strong strategic acumen, a deep understanding of basic management concepts, analytical problem -solving skills, impeccable attention to detail, the ability to formulate cross - functional collaborations, and accelerate operational enhancements. He works closely with Project Managers and the Project Coordinator, monitoring operations and reviewing operations reports; identifying and correcting problems and potential issues; and developing operational strategies, creating operations budgets and monitoring costs. EDUCATION FL GULF COAST UNIVERSITY — FORT MYERS, FL — BA, ENVIRONMENTAL STUDIES SKILLS & Operations Enhancements - Quality Improvements — Team Leadership - Staff ABILITIES Development — Project Management — Strategic Initiatives Implementation LICENSES & • Florida Department of Environmental Projection Qualified Stormwater Management CERTIFICATIONS Inspector • American Red Cross Adult First Aid/CPR/AED EXPERIENCE LEITNER CREEK MAINTENANCE & CLEANING PROJECT Senior Advisor providing the support necessary for the removal of snags and debris that blocked the flow in the creek deposited by Hurricane Irma. Work entailed trimming, treating and removing accumulated nuisance vegetation as well a the removal of non -vegetative debris (i.e. appliances, shopping carts, tires) located from the top of the bank down to and including items in the water. OK SLOUGH WMA EXOTICS TREATMENT Senior Advisor providing supervision and support for treatment sweeps of all Category I and II plant species listed on the 2013 Florida Exotic Pest Plant Council's (FLEPPC) "List of Invasive Plant Species" on approximately 1,719 acres of flatwoods in Okaloacoochee Slough Wildlife Management Area located in Hendry County, FL. TEN THOUSAND ISLANDS NATIONAL WILDLIFE REFUGE EXOTIC CONTROL Senior Advisor providing the support and supervision for the treatment of all Category I and 11 species on the FLEPPC "List of Invasive Plant Species" on approximately 376 acres of refuge in the Northern Marsh of the Ten Thousand Island NWR between Marco Island and Everglades City, Florida. PELICAN BAY LAGOON, EAGLE LAKES PARK AND SCWRF MAINTENANCE Senior Advisor providing the support and supervision for the treatment of all Category I and II species on the FLEPPC "List of Invasive Plant Species" within the Pelican Bay Lagoon (PBL), South County Water Reclamation Facility (SCWRF) preserve, and the Eagle Lakes Park (ELP) conservation and buffer preserve areas in Naples, Florida. PBL required mechanical removal of invasive vegetation, followed by two (2) semi-annual herbicide events on the 1.5-acre wetland. SCWRF received two (2) semi-annual herbicide events on the 16-acre forested preserve. ELP received two (2) semi-annual events with the 21-acre conservation areas on the western quadrant, as well as two (2) semi-annual herbicide event with the 5-acre buffer. �Earth6alance BACKGROUND Mr. Scott Miller is a U.S. Army Reservist bringing extensive mechanical knowledge to EarthBalanceo. Mr. Miller provides support to the Regional Manager and Project Managers in the execution of projects. He understands and communicates contract requirements to Crew Supervisors and Crew and assists with scheduling, project start-up, and implementation. Mr. Miller conducts quality control and safety inspections on projects, identifies projects that are not meeting expected schedules or outcomes, and prepares and implements corrective actions plans. Mr. Miller also supports in the development of various safety programs, advising and suggesting on safety -related topics, conducting risk assessments, organizing training programs, inspecting premises, stopping unsafe activities, identifying incidents to determine the cause of accidents and preparing reports. He establishes and maintains processes and structure to ensure simultaneous projects can run as smoothly as possible. EDUCATION UNIVERSITY OF SOUTHERN INDIANA — EVANSVILLE, IN — BS, GEOLOGY UH — FORT INDIANTOWN GAP, PA — EASTERN ARNG AVIATION TRAINING SITE ARMY AVIATION LOGISTICS SCHOOL — FORT JACKSON, SC - COMBAT TRAINING IN ARMY TRADOC SKILLS & Equipment Operations, Standards, Inspections, Maintenance & Repair — Material ABILITIES Logistics - Job Site Measuring and Scaling — QA/QC — Safety Inspections LICENSES & • State of Florida Commercial Applicator License — Natural Areas CERTIFICATIONS . American Heart Association Basic Life Support PROJECT EXPERIENCE LAKE KELLY STORMWATER MANAGEMENT SYSTEM MAINTENANCE Provided on -site coordination with Crew for the removal of vegetative debris along 5,925 linear feet of stormwater drainage infrastructure in Collier County, Florida. Maintained constant communication with county staff, subcontractors, and adjacent homeowners to ensure production and safety criteria were met. BIG CYPRESS SEMINOLE RESERVATION KBS 1, 2, & 3 MAINTENANCE Provided on -site coordination with Crews and Seminole Staff for the treatment of invasive vegetation on 958 acres within the Big Cypress Seminole Reservation in Hendry and Broward Counties, Florida. Supported the implemention of proper application techniques to ensure positive treatment of invasive vegetation. Furnished adequate equipment to allow crews to access difficult treatment zones within the work area. Upheld compliance with the requirements of the Reservation and the project scope of work. CAPTIVA ISLAND BEACH RENOURISHMENT Provided on -site supervision and coordination for installation of native dune vegetation along the Gulf Coast of Captiva Island in Lee County, Florida. Coordinated plant delivery and logistics to and from the project area. Guided crew in meeting installation and quality benchmarks to ensure viability and survivability of installed native vegetation. Maintained a safe and efficient jobsite during the project. �Earth6alance BACKGROUND Mr. Juan Lopez has been with EarthBalance® for over 18 years and has extensive experience and vastly growing knowledge of the work we perform. He provides support on projects to help ensure they are completed meeting client expectations, within budget and ahead of schedule. Mr. Lopez specializes in assessing projects' conditions and being able to provide new and customized methods, allowing the project to run more efficiently. He verifies that the quality related site conditions are in accordance with all applicable codes, standards, and requirements. SKILLS & Spanish/English Bilingual - Invasive, Exotic and Nuisance Plant Identification — ABILITIES Herbicide Treatment Methods — Native Plant Identification — Native Plant Installation — Task Management — Understanding of Procurement Requirements LICENSES & . State of Florida Commercial Applicator License — Natural Areas CERTIFICATIONS . American Red Cross First Aid/CPR/AED EXPERIENCE APALACHICOLA RIVER WILDLIFE AND ENVIRONMENTAL AREA — CUTOFF ISLAND MAINTENANCE EarthBalance® was contracted to treat nuisance and exotics within a ARWEA focusing on the 9,026-acre Cutoff Island, a floodplain swamp island that required water transportation to access. The original methods of transportation to the island were proving inefficient. Mr. Lopez assessed the site conditions and verified the necessity of using additional equipment. This correction expedited the transportation process, ensuring the projects on time completion. BABCOCK WEBB WILFDLIFE MANAGEMENT AREA MAINTENANCE EarthBalance® was contracted to treat 14,729 acres within the 65,758-acre Fred C. Babcock/Cecil M. Webb management area. Mr. Lopez identified new that the treatment pattern that was being used was leaving gaps. By changing and tightening up the treatment pattern the crew was able to succesfully treat all the targeted species, meeting the site managers expectations and avoiding any need to retreat. MITIGATION INITIAL EXOTIC AND NUISANCE SPECIES ERADICATION FOR CFM COMMUNITY DEVELOPMENT DISTRICT EarthBalance® was contracted to complete the eradication of all Category I and II invasivice species on the 2017 Florida Exotic Pest Plant Council (FLEPPC) list within 269.29 acres of all upland and wetland mitigation areas of the CFM Community Development District in Lee County, Florida. Mr. Lopez identified improved stacking techniques that helped expedite the process of melaleuca removal to ensure the project completion on schedule. OKALOACOOCHEE SLOUGH WMA EXOTICS REMOVAL EarthBalance® was contracted to treat select FLEPPC Category I and II listed species on 3,318 acres of the Okaloacoochee Slough (OK Slough) Wildlife Management Area (WMA) located in Hendry County, Florida. Mr. Lopez was able to optimize equipment use to meet the project's quick completion time. �Earth6alance BACKGROUND Mr. Christopher `Chris' Boyce joined EarthBalance® with comprehensive experience in preserve stewardship, including implementation and maintenance of habitat restoration projects and invasive species control using mechanical and chemical techniques. As Assistant Project Manager, Mr. Boyce supports Project Managers, the Vice President of Operations, and the Field Operations Manager through project coordination, technical supervision, and quality assurance for ecosystem restoration projects of various sizes and complexities. He provides onsite leadership and direction to team leaders and crew. He effectively insures productivity toward conservation, economic, and regulatory goals. EDUCATION FLORIDA GULF COAST UNIVERSITY - FORT MYERS, FL - BS, MARINE SCIENCE SKILLS & Invasive, Exotic and Nuisance Plant Identification and Treatment Methods - Project ABILITIES Planning and Execution - Risk Management — Operational Effectiveness Quality Assurance — Project Budgets — Resource Management — Client Relations LICENSES & • State of Florida Commercial Applicator License — Aquatic and Natural Areas CERTIFICATIONS • American Red Cross First Aid/CPR/AED EXPERIENCE MARCO ISLAND EXECUTIVE AIRPORT VEGETATION TRIMMING Assistance Project Manager the vegetation trimming, exotic removal, herbicide treatment, debris removal and mangrove alteration services within 9 (nine) project areas at the Marco Island Executive Airport in Collier County, Florida. In Areas 1, 2, 5 and 7 the mangroves were trimmed to grade. In Areas 3, 6 and 8 the mangroves were trimmed to 5 feet. In Areas 4 and 9 the mangroves were trimmed to 20 feet. The trimming was conducted in accordance with FDEP Environmental Resource Permit No. 11-0129042.003. CARLTON RESERVE POST BURN INVASIVE TREATMENT Assistance Project Manager for the upland nuisance and exotic plant treatment and removal from 360 acres of Carlton Reserve in Sarasota County, Florida. The work consisted of the systematically survey and treatment of Old World climbing fern (Lygodium microphyllum), cogon grass (Imperata cylindrica), melaleuca (Melaleuca quinquenervia), and Brazilian pepper (Schinus terebinthifolia). BABCOCK WEBB WMA 22-23 IPM TREATMENT Assistance Project Manager for the ongoing maintenance on 13,549.8 acres of North Zone and 8,562 acres of South Zone within Fred C. Babcock/Cecil M. Webb Wildlife Management Area located in Charlotte County, Florida. This work consisted of the herbicide treatment of thirteen (13) target species, including rosary pea (Abrus precatorius). lead tree (Leucaena leucocephala), West Indian marsh grass (Hymenachne amplexicaulis), and wedelia (Sphagneticola trilobata). CULPEPPER RANCH EXOTIC REMOVAL Assistance Project Manager for the maintenance treatment of 241.5 acres of the Southern Slough treatment unit in Culpepper Ranch located in Martin County, Florida. The work consisted of herbicide treatment of 23 target species, including strawberry guava (Psidium cattleianum), Christmas cassia (Senna pendula), Wright's nutrush (Scleria lacustris), and Catclaw mimosa (Mimosa pigra). �Earth6alance BACKGROUND Mr. Kyle Joint joined EarthBalance® with comprehensive experience in preserve stewardship, including implementation and maintenance of habitat restoration projects and invasive species control using mechanical and chemical techniques. As Assistant Project Manager, Mr. Joint supports Project Managers, the Vice President of Operations, and the Project Coordinator through project coordination, technical supervision, and quality assurance for ecosystem restoration projects of various sizes and complexities. He provides onsite leadership and direction to team leaders and crew. He effectively insures productivity toward conservation, economic, and regulatory goals. EDUCATION OHIO VALLEY UNIVERSITY - VIENNA, WV - BA, CRIMINOLOGY AND CRIMINAL JUSTICE STUDIES THIEL COLLEGE - GREENVILLE, PA - BA, CRIMINAL JUSTICE STUDIES SKILLS & Invasive, Exotic and Nuisance Plant Identification and Treatment Methods - Project ABILITIES Planning and Execution - Risk Management — Operational Effectiveness Quality Assurance — Project Budgets — Resource Management — Client Relations LICENSES & • State of Florida Commercial Applicator License — Aquatic CERTIFICATIONS • American Red Cross First Aid/CPR/AED EXPERIENCE THOMASSON DRIVE EXOTIC VEGETATION REMOVAL Assistance Project Manager for the one-time cutting and removal of all exotic vegetation withing the 0.63-acre vacant lot located in Collier County, Florida. Herbaceous invasive speciere were treated with herbicide. A one-time follow-up treatment targeting all listed Category I and II Florida Invasive Species Council's (FISC) 2019 "List of Invasive Plant Species" will also be conducted. COLLIER COUNTY CAMPUS PONDS MAINTENANCE Assistance Project Manager for the one-time treatment of nuisance/exotic vegetation and excessive shrubs withink the four (4) Collier County Campus ponds located in Naples, Florida. This task included the treatment of include treatment of nuisance/exotic vegetation as well as the hand -cutting and removal of excessive primrose willow (Ludwigia spp.) and cattails (Typha spp.). Herbaceous vegetation (i.e., bitter vine (Mikenia micrantha) and torpedo grass (Panicum repens)) were "killed in place" and remained onsite to naturally decompose. Carolina willow (Salix caroliniana) greater than 8-ft in height within the treatment area were thinned to increase the view of the adjacent lake. All excessive woody debris was removed and disposed of off -site at a suitable location. WEST WIND EAST DITCH CLEANING MAINTENANCE Assistance Project Manager for trees, vegetation, stumps, and debris removal from withink two stormwater management sections of the West Wind East Drainage Ditch Stormwater Management System in Collier County, Florida. The goal was to have an unobstructed stormwater conveyance system. Work consisted of clearing & removal, herbicide application, loading/hauling & disposal of all trees/vegetation/stumps materials to an approved receiving site, removal/loading/hauling & disposal of all landfill debris materials to the County Landfill or approved receiving site, final grading, restoration, and overall site cleanup. AINGER CREEK TRAILS NORTH MAINTENANCE Assistance Project Manager forth eupland nuisance and exotic plant treatment and removal on 64 acres of Ainger Creek Trails — North in Sarasota County, Florida. The work consisted of systematically surveying and treating twelve (12) selected species, including Brazilian pepper (Schinus terebinthifolus), Punk tree (Melaleuca quinquenervia), climbing ferns (Lygodium microphyllum and Lygodium japonicum), air potato (Dioscorea bulbifera), and cogongrass (Imperata cylindrica). �Earth6alance BACKGROUND All EarthBalanceo Crew Supervisors available for this contract have been with the company for over 5 years and bring substantial experience in field identification and current control technologies of invasive pest plants common to the Florida and the U.S. Virgin Islands with them. They are trained in the identification of indigenous plants with characteristics similar to those of invasive plants being treated. During project kick off with the crew, Crew Supervisors go over any site -specific species to watch for, as well as identify any Threatened and Endangered species present on site. During this meeting the Crew Supervisors will also go over potential impacts and liabilities of misapplication of herbicide, methods to avoid, and Emergency Spill protocols. Our Crew Supervisors are skilled at working in adverse physical and weather conditions, including high humidity and temperatures, inclement weather, exposure to poisonous plants and reptiles, biting insects, and hostile terrain. They address these and other site -specific safety concerns with the crew during daily safety meetings, held onsite prior to beginning work, and implement site -specific safety plans. Our Crew Supervisors are responsible for onsite data organization, including Weekly Progress Reports (WPRs)/Daily Progress Reports (DPRs) and GIS tracks. TRAINING Job Site and Equipment Safety — Airboat Operation — Chainsaw Operation SKILLS & Bilingual - Invasive, Exotic, and Nuisance Plant Identification and Treatment Methods — ABILITIES Crew Management — Threatened and Endangered Species Identification — GPS - Worksite Safety — Herbicide Handling CREW LICENSES & CERTIFICATIONS SUPERVISORS • State of Florida Commercial Applicator License — Natural Areas Alejandro Zamora • American Red Cross First Aid/CPR/AED • State of Florida Commercial Applicator License — Natural Areas Juan Banda • American Red Cross First Aid/CPR/AED • State of Florida Commercial Applicator License — Natural Areas Alvaro Cerda • American Red Cross First Aid/CPR/AED • State of Florida Commercial Applicator License — Natural Areas, Aquatic Enrique Barron 0 American Red Cross First Aid/CPR/AED �Earth6alance BACKGROUND Mr. George Sprehn has been associated with GIS for over 20 years, offering experience with emphasis in spatial analysis, problem solving, cartography, and geodatabase management. Since commencing his employment at EarthBalance® in 2014, he has managed the GIS department throughout all aspects of GIS project scheduling, data acquisition, data management, map production and presentation, equipment inventory, and reporting. This includes extensive experience in uploading, importing, and exporting GPS data collected in the field to ArcGIS data management program. Mr. Sprehn successfully employs GIS, GPS, and spatial analysis methodologies to analyze local and regional -scale land and environmental projects. EDUCATION PENNSYLVANIA STATE UNIVERSITY — STATE COLLEGE, PA — MGIS UNIVERSITY OF SOUTH FLORIDA — TAMPA, FL — BA, GEOGRAPHY SKILLS & Map Production - GPS Field Data Management — ArcGIS Desktop — Environmental ABILITIES Mapping Management - Biological Surveys — Context Maps — Developing and Managing ArcGIS File Geodatabases — Shapefile Production and Management AFFILIATIONS • AAG (American Association of Geographers) • URISA (Urban and Regional Information Systems Association) • FLURISA (Florida Urban and Regional Information Systems Association) • FAEP (Florida Association of Environmental Professionals) • Southwest Florida GIS User Group EXPERIENCE • Provided GIS services, project oversight, and database support for the Horse Creek Umbrella Mitigation Bank • Provided analysis services, project oversight, and database support for the Ramona Mitigation Bank, California site analysis. • Provided analysis services, project oversight, and database support for the Kuskokwim River Mitigation Bank, Alaska site analysis. • Provided mapping services, project oversight, and database support to ACOE Team Henry projects. • Provided GIS/GPS services, project oversight, and database support for environmental restoration projects in Florida and the southeastern U.S. • Implemented methodologies of ParkScore, a rating system by the Trust for Public Land, to rate Lee County's Parks and Recreation. ParkScore ranks 40 U.S. cities for park acreage, park service and investment, and public access. • Assisted environmental mapping of shorebird habitat and spatial analysis of estuarine habitat. • Implemented a Geographic Information System (GIS) to demonstrate surface modeling and spatial reconstruction to digitally assess historically significant topography. �EarthBaiana� BACKGROUND Ms. Amber Halstead is an Ecologist and project manager with experience in wetland jurisdiction, permitting, monitoring, and wildlife surveys. She has experience in field case studies and is certified in community -based environmental management. She provides oversite for wildlife surveys, gopher tortoise relocation, environmental restoration, and mitigation bank sites across the country. Ms. Halstead is familiar with aquatic and terrestrial ecosystem studies. She has developed prospectuses and Mitigation Banking Instruments (MBI) for several banks in Florida and across the United States. She has experience with wetland delineations and conducted numerous monitoring reports for EarthBalanceo's mitigation banks. Ms. Halstead has performed gopher tortoise burrow surveys across more than 150-acres, overseen the mechanical excavation of more than 70 burrows as well as numerous bucket traps and hand excavations, and successfully relocated more than 40 tortoises. Ms. Halstead is also certified geospatial analyst. EDUCATION DUKE UNIVERSITY — DURHAM, NC — M.S. ENVIRONMENTAL MGMT FSU — TALLAHASSEE, FL — B.S. ENVIRONMENTAL SCIENCE (CUM LAUDE) LICENSES & . Florida Fish and Wildlife Conservation Commission — Authorized Gopher Tortoise CERTIFICATIONS Agent • American Red Cross Adult First Aid/CPR/AED PROJECT EXPERIENCE BEE RIDGE WATER TREATMENT FACILITY EXPANSION PLANNING AND PERMITTNG Provided habitat mapping, wetland delineation, and permitting services for the approximately 150-acre property in Sarasota, Florida. Tasks included field review to delineate the locations of onsite wetlands and mesic hammocks, production of habitat descriptions for the entire site, completion of a protected species assessment, including a gopher tortoise survey, production of habitat, soils, and wetland maps, and permitting assistance. This scope included permitting through local government, Southwest Florida Water Management District, and the Environmental Protection Agency, including NEPA compliance. PEACE RIVER MANASOTA REGIONAL WATER SUPPLY AUTHORITY REGIONAL INTEGRATED LOOP PHASE 3B CONSTRUCITON OVERSITE Performed construction oversite to ensure compliance with the permit and protected species regulation for this pipeline project in Sarasota County, Florida. Tasks included completion of gopher tortoise burrow surveys across the entire pipeline route, routine monitoring of an adjacent bald eagle nest, submittal of required environmental documentation to the US Army Corps of Engineers and Florida Department of Environmental Protection, oversite of crew during work within wetlands, and leadership of environmental training meetings for field crew to ensure compliance with environmental regulations and the eastern indigo snake protection plan. BORAN RANCH WETLAND DELINEATION AND PROTECTED SPECIES ASSESSMENT Performed a wetland delineation, seasonal high-water determination, and a protected species assessment on the approximately 105-acre Area 3 proposed lake site located on the Boran Ranch property in DeSoto County, Florida. Tasks included field review delineating the locations of onsite and adjacent wetlands and describing the habitats within the project site, including the field location of wetland boundaries using consecutively numbered flagging; determining and flagging the seasonal high-water elevation at 3 locations within each adjacent wetland based on existing hydrologic indicators; and performed a review of protected species that may utilize the site, including a gopher tortoise survey. A report was prepared and submitted documenting findings with supporting maps summarizing the environmental site conditions on the property. �Earth6alance BACKGROUND Ms. Madeline Pike is a biology graduate with experience in project management, protected species assessments, and wetland monitoring and permitting. Ms. Pike has a strong background on different areas in ecological study covering aquatic and terrestrial ecosystems. She has experience conducting field surveys and delineating wetlands according to the US Army Corps of Engineers standards and has completed numerous wetland mitigation monitoring reports, with proven experience in data collection and management of biological information. Ms. Pike has advanced knowledge of Florida flora, fauna, and natural systems and state and federal environmental regulatory framework. EDUCATION UNIVERSITY OF MINNESOTA DULUTH— B.S. BIOLOGY LICENSES & • Florida Fish and Wildlife Conservation Commission — Authorized Gopher Tortoise CERTIFICATIONS Agent • Florida Department of Agriculture and Consumer Services Commercial Applicator License — Natural Areas • American Red Cross Adult First Aid/CPR/AED PROJECT EXPERIENCE PEACE RIVER REGIONAL RESERVOIR WETLAND DELINEATION AND PROTECTED SPECIES SURVEYS Performed wetland delineations, seasonal high water determinations, and protected species surveys for the over 1,000-acre project area at RV Griffin Reserve in Desotto County, Florida. Tasks included field review to delineate the boundaries of over 200 acres of wetland habitat, field identification of 2 seasonal high water level points within each perimeter wetland based on observable hydrologic indicators, and the completion of formal crested caracara and southeastern American kestrel surveys. Coordinated with a team of environmental scientists to complete assigned tasks in a timely matter. TOLEDO BLADE WETLAND DELINEATION AND PROTECTED SPECIES ASSESSMENT Performed wetland delineations and a protected species assessment on an approximately 40-acre property in North Port, Florida. Tasks included field review to identify and describe onsite habitats, delineate wetland boundaries using consecutively number flags, and a protected species assessment. A report was prepared and submitted documenting findings with supporting maps summarizing the environmental conditions on the property and reccomendation for development. BEE RIDGE WATER TREATMENT FACILITY EXPANSION PLANNING AND PERMITTNG Provided habitat mapping, wetland delineation, and permitting services for the approximately 150-acre property in Sarasota, Florida. Tasks included field review to delineate the locations of onsite wetlands and mesic hammocks, completion of a protected species assessment, including a gopher tortoise survey, production of a resource management plan, and permitting assistance. Permitting was completed through local government and Florida Department of Environmental Protection. VETERAN'S BOULEVARD WASTE TRANSFER FACILITY Provided habitat mapping, protected species, and permitting services for the aproximately 5-acre property located in Port Charlotte, Florida. Tasks included field review to identify and describe onsite habitats, a proteced species assessmet, including gohper tortoise survey, and monitirng an active bald eagle nest within 660 feet of the project location. Site permitting was completed through Southwest Florida Water Management District. COMMERCIAL APPLICATORS LICENSES glartll I�[.'ltparttlunt of SIgriculturr aub Coallunur briblctg Pesticide Certification Office Commercial Applicator License License # CM21738 ORTIZ, 5ERGIOMERREJON Issued: December 22, 2020 Cate 21 Expires: ,tune 30, 2024 :5 " 0 0-, -�), 7- r) 1 UU-4-1;jl Sigaisui a of Licrnsce NICOLE "NIM' Fk]ED. COMMISSIONER Ire aYora edti�al �: ieeteed imdcr ttr pmstslvte oiChgtr 117. F 5. d pLLrrluse and JpprJ resvicrLd uu Pa- ff'lonaa 011artment of Agrirdtin a b dotlscumtr btftt:g Pesticide Certification Office Commercial Applicator License License # CM23887 ZAMORA, ALFJANDRO 2570 COMMERCE PKGVY LJARTIIHALANCE CORP NORTH PORT, FL 34289 Issued: October 7, 2019 Categories 21 Expires: October 31, 2023 ff loriba Mepartment of 2griculture aub Gamier Serbke# Pesticide Certification Office Commercial Applicator License License # CM22689 5ERVi5S. CALVIN JACOB Categories 21 Issued: Fgbruary,T, 2022 Expires: January 31, 2026 f)l&rU *�d Slgnaltln of Licensee NICOLL—NIKKI" WILD, COMMISSIONER Ic ah.nr nidniJual is IiceawLrl under 11% piuvwiuna orCllnpler487. F 5 to purchlle Ind d7pl} mancled use palioi.Ws. YWIN IgtpAtitlltttrt of Ogrieulture aub fougunter jerbic Pesticide Certification Office Commercial Applicator License License # CM23947 CERDA, ALVARO LANA 2570 COMMERCE PKWY NORTH PORT, FL 34289 Issued: Ja uary 3l, 2020 Categories 21 Expires: December 31, 2023 /`pfi���1/1d✓Zi LorH6rtr- 1) 1 uu*�d n 1 t'..Y�..t 0JG Cionan s I L tllre of Licensee v NICDLE "NIKKI" FRIED, COMMISSIONER NICOLE'WiLK]" FRIED, COMMISSIONER The above individual is licensed under the provisions of Chapter 487, F.S. to purchase and apply resuictcd use The Above individual is Iiceaaed under the prov:aiao. of Cbaphr 487. P.S. to pt rdhue and pcsucidca. peeticidw. apphr rtaCiNed um Porttba Alewtintnt of agrocttitnrt anb CATSUMer S&crbites Pesticide Cerdlcation Office Commercial Applicator License License # CM17292 ff[WINI ...a*drllltilil ai Aprltullurr ,Inb [onilllmtr AkrbatCfi KAkideC.erliticaLiLm INfift i''alrarkMrdAl PIONcalur 1_icenre License 81 ['11264% H1IVSEL, CHR ISTINA MAR.IE Categories ALBERT, TYWN WESLEY Cate 21, 6, 5A, 2, 3 23 N COMMERCE PARKWAY NORTH NAT,FL 34289 Issued.- May 20, 202 Expires: .lone 30, 2025 kviled: L rtelmbrr 17, 2019 Elwel: hIUM6er3l, M3 ri 1 &�tt —4-ctd Sigmaturc of Lk-crlut NICOLE "NIK.KI" FRIED. COMMISSIONER SiaF r .cdnsLe W-CL NDZU FRIED COMMI55113 ER ills 9 K-V indKiilnl K fie m,d uldar Lhe proviSiNK n1'C"ff W. FS. Lop,—l— a W.F*y ¢ilricloi tee Ili b— radn iLd a I—.. J -d. as p..— ertmpr4f7, rs air and appl, rcmx m polidid— pininiciftL _110rb] j0fpbttttttW d[ ftftfplft" OFf> C4nIA6hff 6tdkO Pesticide Cerfilicalian Office -Cammcrcivl Applicator License I.iper l! CM2x BARRONAr.TAAffRANO. FNRIQ?UIF- C:lecgoncs 2570 UUMMERCE PARKWAY 21,6 VMTI I PC11tT, Fr_ 342M hAucd: April 19, 2023 Lark -us; Apr.1130, 2M S4nalurc fL.hrcnsr_r VIL'JCINMM1FAM.CUM M1NSKXILR rk11v,:■dil11u11III IcL1xdLratslit pruro c!li"ra1T,IS. ItRLl-i1u1rdaNiyrJrmdus }tukAft 14rOd 3tpdrtn1rnt 4f AffnCIINrt J11b C0115LIMVI �krilllt5 Pcstic i,dc I'er MICE tion Office Commcrcial Applicaior Licewhe License # CN127272 BIKE, MADELLNE Csttgarlcs 21 Issued: November 11, 22 121 Expires: Novembcr 3a, 2925 SignoLurcofLlLL-nXL NF02ILE•hEKKI"FRIED.LOkS 4]ISSIONFR Th. I..,..�-Jd , L—cd ..,ec, tYr pra,i — AdC 64� MT. M. mT. 6—"q.0w —kk-cd F L.Lk. COMMERCIAL APPLICATORS LICENSES floriaa department of Agritutture alai Can5un►er krbas Pesticide Certification Office Commercial Applicator License License # CM20664 LAROQUE, TAMES ANDERSON Categories 2570 COMMERCE PARKWAY 21 NORTH PORT; FL 34289 Issued: October 25, 2022 Expires: September 30, 2026 nib *1�j Sign of se NICOLE "NEM" FRIED, COMMISSIONER The above is hiadual is licensed under the provisions of Chapter 487, F.S. to purchase and apply restricted use pesticides. f loriaa arpartntrut of Agritulture ad Consumer 6trbitts Pesticide Certification Office Commercial Applicator License License # CM22735 DURINICK. WILLIAM D Categories 5A, 21, 6 Issued: March 11, 2022 Expires: Februaiw 28, 2026 Mliam Durinick (12:43 EDT) n Signature of Licensee NICOLE "NDM" FRIED, COMMISSIONER The above individual is licensed imdei the prosisions of Chapin 487, F.S. to purchase and apply restricted use pesticides. _#7mliia *11W"Plll et 90"fWtM ArVA 6,wfetLwmrr %"rums f f',Vtk4de (`erfifieeitfow 0we Cnmmmrcial Applicatnr Lieewxe Lkeeae # CM27-IM kYLE CateRnriec 'FN: ,',')X0AFRC6 PARKWAY 6 V.lx N A T. FL 34299 tl ,mM 3xiac 2. 2022 Expires: June 30, 2026 n qis °` L-1censee NICOLE'NIKKI' FREED. C011 MISSION23t r7laeaew =dPvA*s r kWr � mde the Pmvisio ofC'hW.,487. F.S. to lx r ho andply ap-ed me t� fflon'w-Meµlrhn(tit a Sgruulfurr aulb CIRIAIlnrr filrtbi(e5 Pesticide Geri Efcxtion 0111ce CIum erciol Appikatur Liccuse LkCFI:t:0 C."17841 FK)YCi:.)R, C-HRIRTOPf m I -CAA HLuics :s7u c�I}h1h11 RCF PKWY TORTI I W)RT, FL 342M .flonba �kparttl►titt of 2i rindnirt ana Longamer j-Ar'txces Pesticide Certification ()free Commercial Applicator License License # C,M23255 BANDA, JUAN I Categories 21 Is ued: December 2, 2022 Expires: November 30, 20:6 igflatlrrZ Df L 'ensee _.... NICOLE "NIKKI" FREED. Ctl�,U,11 S:01-1 ThC above i,ldividud is ]ioeoud urdcr the provisioat of Ceapter467. F.5. to parchz,e aro! aFTh r�,ncttd ce palirdrs. jrlonta Owrtmmt of �grittufturr anb mitfumtr �erfu l Pesticide CCertirtcation Office Commercial Applicator License License# CM26593 ORTIZ, JUAN CARLOS Categories 2570 COMMERCE PKWY 21 NORTH PORT, FL 34289 Issued: March 4, 2020 Expires, March 31, 2024 L n + au *L�d Sig lure of I_ICrnsec MCOLE'NIKKI" FRIED, COMMISSIONER rile aho, r mteridwl is liam,d imdp tee pto+7lm. of Chapter 487, P3lopun�aae and apply rea6inad voe pwcdn lorita Ztpartrnrnt of 2multnrr anb CongniRrr Arrblrrs Pe%tir We Uertiliica"n Office Commercial Applicator License Licenw 0 CM25261 BARRON, JAMES catearwirs 2570 COMMERCE PARKWAY 21.6 NORTH PORT, FL 34294 IN%ued, Februar}•2.2022 (Expires. January 31.2026 41gnoLuir44Liu:MW NK0LE'M1KK i RUED, tOkMSSLONEI IK'rk r— tidal, L—rdIm,LLrpru—rf{1ydEEdTFR h�y,ada-.,daprlrIratL-k2dI� t-1. ". flonba Ufplfrtnlrat of AgFK( Ihlrf allb toitsnnit► *raireS Pesticide Cerfiticition (I Mee Cmyikkierelal Applicator I_iernse I,ieenze 0 C1425190 MILLER_ SUITT HUNTlY, C'nlr�orLes 21 Issued.l Fb 21,'0"" apirex= Jr"rhruary 28, ythZ3 Issued. No, rmhrr z. 2022 Eipim.- fkliiber 3l, 2026 Ills= %1t,i( FJMPSGIL.(YIh1�ILSSbLWER uLumofLlt:n"x NILOLL•'NIKKI'H(I•'P,COMMISSIOwM Ir_JIaIli lralnliaJ wlX,mad uF�C 1i R'j1- rm 411.r aiia_Fti.ht Liae�2 /QdI �f4�111[9hl lei "' ydl,dt.�G�511{fn�t�llluL•�IKfill"M�nY��ifllpkl4l<'.F.S q.I,11L1ur.'rld/pfl}'ISFf jrd r•r Firm Name: EarthBalance Corporation Firm and Employee Licenses & Certifications License Type Issued to Firm or Employee License Number American Red Cross Adult First Aid/CPR/AED Adrian Ortiz 014JEE3 American Red Cross Adult First Aid/CPR/AED Alejandro Zamora OOT2NM3 FDACS Commerical Applicator License Alejandro Zamora CM23887 FDACS Authroized Purchasing Agent for Restricted Use Pesticide Alejandro Zamora CM23887 American Red Cross Adult First Aid/CPR/AED Alvaro Cerda OOT2NM9 FDACS Commerical Applicator License Alvaro Cerda CM23947 American Red Cross Adult First Aid/CPR/AED Amber Halstead OORK80D FWC Authorized Gopher Tortoise Agent Amber Halstead GTA-18-00051C SEI Open Water Diver Amber Halstead 005301 American Red Cross Adult First Aid/CPR/AED Amy Provencal OORK7VT American Red Cross Adult First Aid/CPR/AED Antonio Ortiz OOKHS613 American Red Cross Adult First Aid/CPR/AED Arnulfo Cerda OORCQB2 American Red Cross Adult First Aid/CPR/AED Calvin Serviss OORK80F FDACS Commerical Applicator License Calvin Serviss CM22689 Healthsaver First Aid/CPR/AED Christina Hensel 17550477688 FDACS Commerical Applicator License Christina Hensel CM17292 ISA Certified Arborist Christina Hensel FL-9154A Society of Wetland Scientists Certified PWS Christina Hensel 1765 PMI Certified PMP Christina Hensel 237351 American Red Cross Adult First Aid/CPR/AED Christopher Boyce 014JEE7 FDACS Commerical Applicator License Christopher Boyce CM27843 American Red Cross Adult First Aid/CPR/AED Dalia Amesquita OOKHRGR American Red Cross Adult First Aid/CPR/AED Don Ross OORK80B Society of Wetland Scientists Certified PWS Donald H. Ross 1058 ESA Certified Emeritus Senior Ecologist Donald H. Ross N/A American Red Cross Adult First Aid/CPR/AED Enrique Barron OORCQB4 FDACS Commerical Applicator License Enrique Barron CM26048 American Red Cross Adult First Aid/CPR/AED Erik Sandsmark OORK805 FDEP Qualified Stormwater Management Inspector Erik Sandsmark 23869 American Red Cross Adult First Aid/CPR/AED Ezequiel Ortiz 01018MS American Red Cross Adult First Aid/CPR/AED Florentino Trejo Martinez OORCQBO American Red Cross Adult First Aid/CPR/AED Ignacio Carreno OORCQAU American Red Cross Adult First Aid/CPR/AED Ismael Cruz OORCQAS American Red Cross Adult First Aid/CPR/AED James Barron OOUPGEU FDACS Commerical Applicator License James Barron CM25261 Summit Training Source: OSHA 30hr General Industry James Barron N/A American Red Cross Adult First Aid/CPR/AED James Laroque OORK7VV FDACS Commerical Applicator License James Laroque CM20664 ISA Certified Arborist James Laroque FL-9190A Page 1 of 3 Firm and Employee Licenses & Certifications License Type Issued to Firm or Employee License Number OF Certificate of Training Best Management Practices Florida Green Industries James Laroque GV405953-1 Marine Safety, LLC certified Airboat Operator James Laroque N/A American Red Cross Adult First Aid/CPR/AED Joe Hayden OOUPGFO American Red Cross Adult First Aid/CPR/AED Juan Banda OOQP90N FDACS Commerical Applicator License Juan Banda CM23255 American Red Cross Adult First Aid/CPR/AED Juan Ortiz OORCQB8 FDACS Commerical Applicator License Juan Ortiz CM26583 American Red Cross Adult First Aid/CPR/AED Kelly Parker OOQP90J American Red Cross Adult First Aid/CPR/AED Kyle Joint OORCQBE FDACS Commerical Applicator License Kyle Joint CM27508 American Red Cross Adult First Aid/CPR/AED Madeline Pike OORK803 FDACS Commerical Applicator License Madeline Pike CM27272 FWC Authorized Gopher Tortoise Agent Madeline Pike GTA-23-0013 American Red Cross Adult First Aid/CPR/AED Marco Castorema 014JEE5 American Red Cross Adult First Aid/CPR/AED Martin Zarazua OORCQB6 American Red Cross Adult First Aid/CPR/AED Remigio Santiago Gomez 014JEE1 American Red Cross Adult First Aid/CPR/AED Roger Bacon OOQP90F OF Executive Education Certificate Business Essentials I Sarah J. Laroque N/A OF Executive Education Certificate Business Essentials 11 Sarah J. Laroque N/A OF Executive Education Executive Certificate in Business Essentials & Marketing Management Certificate Sarah J. Laroque N/A OF Executive Education Certificate of Tactical marketing Management Sarah J. Laroque N/A PMI Certified PMP Sarah J. Laroque 457289 American Heart Association Basic Life Support Prov Scott Miller 225414289259 FDACS Commerical Applicator License Scott Miller CM25780 American Red Cross Adult First Aid/CPR/AED Sergio Ortiz Ortiz OOKHRHI FDACS Commerical Applicator License Sergio Herrejon Ortiz CM21738 Sea School Certified Fist Aid & CPR Tyson Albert 422317-18 FDACS Commerical Applicator License Tyson Albert CM26456 FDOT CDL License Tyson Albert A416-819-95-162-0 American Red Cross Adult First Aid/CPR/AED Wade Waltimyer OORK801 Healthsaver First Aid/CPR/AED William Durinick 17550591842 FDACS Commerical Applicator License William Durinick CM22735 OF Noxious Plant Control Methods William Durinick N/A FDACS Certificate of Nursery Registration Earth Balance Corporation 4722447 FNGLA Florida Nursery, Grower & Landscape Association Earth Balance Corporation N/A FDACS License as Dealer in Agriculture Products Earth Balance Corporation AD799 Page 2 of 3 Firm and Employee Licenses & Certifications License Type Issued to Firm or Employee License Number Permitted to Collect Non -Prohibited Aquatic Plants Earth Balance Corporation 4722447 Page 3 of 3 EarthBalance® Required Forms I'll 0• "—EarthBalanco Co Yer C01414ty Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. General Bid Instructions has been acknowledged and accepted. Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. f Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. f C� Form 5: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. Vendor W-9 Form. Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. ❑ The Bid Schedule has been completed and attached with your submittal, applicable to bids. - N/A Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached. ❑ County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. - N/A ❑ Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. - N/A Co Yer C01414ty Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 12th day of JulY 2d23in the County of Sarasota . in the State of Florida Firm's Legal Name: EarthBalance Corporation Address: 2570 Commerce Parkway City, State, zip Code: North Port, Florida 34289 Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: H84315 59-2612208 1YD26 (941) 426-7878 nhults@earthbalance.com C4Z�� �e2e� , Cristine Borowski Vice President of Business Management Additional Contact Information Send payments to: EarthBalance Corporation (required if different from Company name used as payee above) Contact name: Lisa Standbury Title: Accounts Payable Address: 2570 Commerce Parkway City, State, ZIP North Port, Florida 34289 Telephone: (941) 426-7878 ext. 208 Email: LStansbury@earthbalance.com Office servicing Collier EarthBalance Corporation County to place orders (required if different from above) Contact name: James Barron Title: Project Manager Address: 2570 Commerce Parkway City, State, ZIP North Port, Florida 34289 Telephone: (814) 806-5293 Email: jbarron@earthbalance.com C..roilier County Procurement Services D vision Form : Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current worm on any Collier County project aid l iated with this Solicitation does not pose an organizational conflict as described by one of the three categories below: Biased gran ad ru les — The firm has not set the "ground ru les*' for affi I i attd past or cu rrent Co l l i er Co u my p roj ect identifi ed above e.g., writing a procurement's statement of work, spec i fi cations, or performring systems eg i n ring and technical direction for the procurement) which appears to slew the romped d on in favor of nay firm, I m pai red o h ject iv it — The fi rm, h as not performed work on are of i I i ated past or cunt Coll ier County prai ect identi fted above to evaluate pro posals / past perform ance of itse I f or a cony p eti to r, wh i ch cal Is into q uestion the contractor} s abil i t to render Impartial advice to the governme rat+ Unequal access to information — The firm has not had access to nonpublic infDrmati on as part of its performance of a Collier County project identified above which ich may have provided the oontmax or an aft i i ate with an unfair competitive advantage in cunt or future solicitations and contracts. I n add i tion to th i s s i gned aff i d avit, the oontraaor / vendor rn ust prov ide the fo l low i ng: l . A.11 documents produced as a result of the work completed 'in the past or currently being worked on for the above -mentioned project; and, . Indicate if the information produced was obtained as a matter of public retard (in the "sure sly i ne") or through non -pub I i e (not in the *Asun h i ne") conversation (s), meeting , document(s) and/or other means. Failure to disclose all material or having an organizational conflict 'in one or more of the three categories above he identified, may result in the disqualification for future solicitations affl I iated with the above referenced prof t(s). By the si .nature below, the firm (employees, offices and/or agents) certif } and hereby discloses, the to the hest oftheir lino led e and belief, all relevant facts curtceming past, present, or currently planned interest or activtlry (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Earth Bo Ia nc e Corporation Company Dame cke-• r . Signature ristine Borowski, VP of Business Managermnt Print Name and Title Mate of Fl odd a County of Sarasota The foregoing instrument was acknowledged before ore me by means of 0 physical presence or 0 online notarization, this 1 th d" Of July (month), 2023year), by CdStine Borowski (name of arson acknowledging). "'k A w BECKYADAMS Commission # HH 036768 Eons Dewmbw 26.2024 *roo San"TinR ��s Personally Irtwn R Produced Identification Type of Identification Produced re of Nofiiiy Public) _s Pr�i tit* 6eO,_4,-'4 peg6�1(-i rStampCommissioned Name f o� Public) 7/11/23, 10:12 AM Detail by Entity Name DIVISION OF CORPORATIONS ti•III rill (1Jflr/[t[ - 'Inw Uj'I [urlr r wvb-'if? Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation EARTHBALANCE CORPORATION Filing Information Document Number H84315 FEI/EIN Number 59-2612208 Date Filed 11/04/1985 Effective Date 11 /01 /1985 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/30/2013 Event Effective Date NONE Principal Address 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Changed: 09/13/2016 Mailing Address JACK O. HACKETT II 99 NESBIT STREET PUNTA GORDA, FL 33950 Changed: 03/31 /2015 Registered Agent Name & Address HACKETT, JACK O, II FARR LAW FIRM 99 NESBIT STREET PUNTA GORDA, FL 33950 Name Changed: 04/29/2013 Address Changed: 03/31/2015 Officer/Director Detail Name & Address Title COB, D https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNameOrder=EARTHBA... 1 /3 7/11/23, 10:12 AM Detail by Entity Name ROSS, DONALD H 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title P, CEO, D LAROQUE, SARAH J 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title VPTD WALTIMYER, WADE R 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title D STEVENS, M. GRAY 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title VP/S BOROWSKI, CRISTINE A. 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title VP SANDSMARK, ERIK T 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Annual Reports Report Year Filed Date 2021 04/21 /2021 2022 04/28/2022 2023 04/25/2023 Document Images 04/25/2023 --ANNUAL REPORT View image in PDF format 04/28/2022 -- ANNUAL REPORT View image in PDF format 04/21/2021 --ANNUAL REPORT View image in PDF format 06/10/2020 -- ANNUAL REPORT View image in PDF format 04/29/2019 -- ANNUAL REPORT View image in PDF format 04/27/2018 -- ANNUAL REPORT View image in PDF format 01/13/2017 -- ANNUAL REPORT View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=EARTHBA... 2/3 7/11/23, 10:12AM Detail by Entity Name 09/08/2016 —AMENDED ANNUAL REPORT View image in PDF format 08/22/2016 --AMENDED ANNUAL REPORT View image in PDF format 04/13/2016 -- ANNUAL REPORT View image in PDF format 04/14/2015 -- AMENDED ANNUAL REPORT View image in PDF format 03/31/2015 -- ANNUAL REPORT View image in PDF format 04/21/2014 -- ANNUAL REPORT View image in PDF format 12/30/2013 -- Amendment View image in PDF format 04/29/2013 -- ANNUAL REPORT View image in PDF format 04/19/2012 -- ANNUAL REPORT View image in PDF format 04/21/2011 --ANNUAL REPORT View image in PDF format 04/28/2010 --ANNUAL REPORT View image in PDF format 04/27/2010 --ANNUAL REPORT View image in PDF format 06/29/2009 -- ANNUAL REPORT View image in PDF format 04/15/2009 -- ANNUAL REPORT View image in PDF format 05/12/2008 -- ANNUAL REPORT View image in PDF format 04/21/2008 -- ANNUAL REPORT View image in PDF format 04/16/2007 -- ANNUAL REPORT View image in PDF format 02/14/2007 -- Amendment View image in PDF format 04/24/2006 -- ANNUAL REPORT View image in PDF format 09/06/2005 -- ANNUAL REPORT View image in PDF format 05/10/2004 -- Off/Dir Resignation View image in PDF format 04/27/2004 -- Name Change View image in PDF format 04/16/2004 -- ANNUAL REPORT View image in PDF format 04/30/2003 -- ANNUAL REPORT View image in PDF format 01/09/2003 -- Share Exchange View image in PDF format 01/03/2003 -- Amendment View image in PDF format 04/09/2002 -- ANNUAL REPORT View image in PDF format 04/28/2001 --ANNUAL REPORT View image in PDF format 04/26/2000 -- ANNUAL REPORT View image in PDF format 04/16/1999 -- ANNUAL REPORT View image in PDF format 05/07/1998 -- ANNUAL REPORT View image in PDF format 02/14/1997 -- ANNUAL REPORT View image in PDF format 03/13/1996 -- ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations https:Hsearch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=EARTHBA... 3/3 Collier County Procurement Services Division Form * 1mmigration Affidavit Cerfification This Affidavit i s req u i ried and should be signed, by an authorized principal of the firm and submifted with formal solicitation ,submittals. Further, Vendors are required to be enrolled ire the E- er ifs program (!,i[Li),.,.:i"'www.e-verify.govi 1, at the time of the submission of the Vendor's proposal, id. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission o `the Vendor's proposallbid or within eve ) day of the Count. 's Notice of Recommend A ward F T MAY IEEE I[IIE VENDOR'S AS 1 N- C F N SI E* N Collier County will not intentionally award County contracts to any Vendor who Knowingly employs unauthorized alien workers, constitwing a violation of the employment provision contained in 8 U. . , Section 1324 a(e) Section .74 (e) of the Immigration and Nationality Act ("INA ). o ll l er Count, ni ay eonsi der the emp loy merit by any V endor of unauth on zed al i ens a vio lation of S ecti on 274A (e) of th a IN A. S uch Violation by the recipient of the Employment Provisions contained in Section 274A e of the INA shall be grounds for Unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1996 Imm i t ion Act and subsequent A m end m ent(s), that it is aware of and in compliance with the requ i rem eats set forth in Florida Statutes §448.095, and agrees to comply with the provisions of tha Clemor dum of Understanding with E- V eri fy and to provide proof of enrolIment in The Employment Eligibility Verificationstem E- erify ), operated by the Department of Homeland Security in partnership nth the Social Security Admin6tration at the time of submission of the Vendor's proposaW d. State of Florida County of SiRrasota Ea rthBalanoe Corporation Company Name F Signature risbne BarowSki. V-P, of Business Management Print Name and Title The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this 12th day Of July —month } 0 ( ear), by Crisfte Borowski (name of person acknowledging), }* �� BED ADAMS x &\CAI Commission � FiF� ���8 rn,ture of &Otary Public) Expires December 26.2024 .. Personal 1 In own prod u�eed I dtifi cat ion Type of Identification Produced (Print,= y , or a p omrnrssioned Dame of Notary Public) — � sect v- orE-Verif Company ID Number: 346397 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the EarthBalance Corporation (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 346397 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 346397 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 346397 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VI of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(@dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 346397 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 346397 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 346397 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect iE-Verfv— or ON a Company ID Number: 346397 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri fo Company ID Number: 346397 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ON E-Veri a�* fo Company ID Number: 346397 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect ifv— ONa� E-Ver 1Ior Company ID Number: 346397 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 W� ram- . E-Veriff �ylll� o Company ID Number: 346397 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 riE-Vefv— or �y�N� Company ID Number: 346397 Approved by: Employer EarthBalance Corporation Name (Please Type or Print) Title Karen F Burnett Signature Date Electronically Signed 07/27/2010 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 07/27/2010 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 346397 Information Required for the E-Verify Program Information relating to your Company: Company Name EarthBalance Corporation Company Facility Address 2570 Commerce Pkwy North Port, FL 34289 Company Alternate Address County or Parish SARASOTA Employer Identification Number 592612208 North American Industry Classification Systems Code 237 Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 346397 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 346397 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Melanie M Cortes Phone Number (941) 426 - 7878 ext. 226 Fax Number (941) 296 - 8283 Email Address mcortes@earthbalance.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 346397 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 o Coi;,Irpty xer Pi ocurement Services [Division Form 4 Reference Questionnaire (USEONEF9RMFOREACHKEOU1 R1 D REFERENCE) nce Vegetation Rem —oval solicitation: 23-8135 xotic and Nuis Reference Questionnaire r: EarthBalance Corporation (Name of Company Re luesting Reference I formation) Nora Hults, Proposal 3pecialist (Name of Individuals Requesting Reference Information) � Name: Mary Barnwell, Environm ntal Lands Management oordinator Company: i"Iillsborough County (Evaluator completing ref rence questionnaire) (Evaluator's Company completing reference) Email: barnwellm hillsbo ou hcount .or AX: (352) 259-2984 Telephone: (813) 853-1166 Collier County has implemented of firms to perform this project. a process that collects The Name of th reference information on firms and their key personnel to be used in the selection Company listed in the Subject above has listed you as a client for which they have previously performed work. with 10 representing that Please complete the were survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, you unsatisfied (and would never very satisife hire the fmn/indivdi (and would hire the firm/individual again) and 1 representing that you were very al again). If you do not have .sufficient knowledge of past performance in a particular area, leave it blank and the i em or form will be s ored "0." Upper Project Description: Invasive Little Manatee Ri Species Treatments jer Completion Date: May 2021 Project Budget: $67,76 .00 Project Number of Days: 19 days Item 1 Ability to manage the project costs (r, Criteria iinimize change orders to scope). Score must be completed) -maintain O 2 Ability to project schedule(complete on -time or early). 10 3 Quality of work -" 4 Quality of consultative advice provid d on the project. 5 Professionalism and ability to manag personnel. 6 Project administration (completed documents, final invoice, fma] product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbal y communicate and ocument information clearly and succinctly. 8 Abiltity to manage risks and unexpecled project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort evel with hiring the ompany in the future (custoYrier satisfaction). TOTAL SCORE OF ALL ITEMS 0>3 Co Ter C014V ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: (Name of Company Requesting Reference Information) Nora Hults, Proposal Specialist (Name of Individuals Requesting Reference Information) Mike Knight, Biological Scientist III & Name: Wildfir Prevention Coordinator Company: Florida Forest Service (Evaluator comp reference questionnaire) (Evaluator's Company completing reference) Email: Mike.Knight@fdacs.gov FAX: N/A 690-8032 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Picayune Strand Cabbage Palm Project Description: Thinning Project Budget: $104,468.00 Completion Date: July 2022 Project Number of Days: 4 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Florida Forest Service Co Yer C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: EarthBalance Corporation (Name of Company Requesting Reference Information) Nora Hults, Proposal Specialist (Name of Individuals Requesting Reference Information) Name: Mitchell Barazowski, Environmental Specialist Company: Collier County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Mitchell.Barazowski@colliercountyfl.gov FAX: N/A Telephone: 239 631-0162 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Otter Mound Preserve Project Description: Exotics Treatment Project Budget: $7,990.00 Completion Date: September 2021 Project Number of Days: 3 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Co Yer C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: EarthBalance Corporation (Name of Company Requesting Reference Information) Nora Hults, Proposal Specialist (Name of Individuals Requesting Reference Information) Name: Nathalie Smith, Parks Naturalist (Evaluator completing reference questionnaire) Email: ndsmith@scgov.net FAX: N/A Company: Sarasota County (Evaluator's Company completing reference) Telephone: (941) 661-1213 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Lemon Bay Park cutting, removal Project Description: and mulching of Brazilian pepper Project Budget: $42,000.00 Completion Date: April 2022 Project Number of Days: 4 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Co Yer C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: EarthBalance Corporation (Name of Company Requesting Reference Information) Nora Hults, Proposal Specialist (Name of Individuals Requesting Reference Information) Name:Nic DeFilippo, Senior Environmental Planner Company:Lee County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: ndefilippo@leegov.com FAXA/A Telephone: 239 533-8983 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Deep Lagoon Exotic Treatment Project Budget: $38,890.00 Completion Date: March 2023 Project Number of Days: 5 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS FORM 5 IF APPLICABLE GRANT PROVISIONS AND ASSURANCES FORMS ARE PROVIDED IN A SEPARATE PACKAGE AND MUST BE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name EarthBalance Corporation Date July 12, 2023 Authorized Signature EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR EarthBalance Corporation By: Signature Cristine Borowski, Vice President of Business Management Name and Title 2570 Commerce Parkway Street Address North Port, Florida 34289 City, State, Zip JU62MTGWYT33 UEI Unique Entity Identifier (for SAM.gov verification) July 12, 2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COU NTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be verified. Unverifable statuses will require the PR ME to either proi-ade a reoised statement or provide source documentation ttiat validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FE D NUMBER CONTRACT DOLLAR AMOUNT EarthBalance Cor oration 59-2612208 TBD IS THE PRI ME 5 F_-� } :_-' - -'' - z- - E } C SACIWANTAGED, V-M PAN Y O 15 TH E ACTIVITY OF THIS CONTRACT._ MINORITY OR WOW Eh 60&r,ESSENTERPRISEP DBE? Y O CONSTRUCTION 7 Y O ;6BE/MBEJWBEj OR HAVE ASMALL DISADVANTAGED BUSINESS SA€ERTIFICATIONFROM THE SMALL BUSINESS M9E? Y N CONSULT,4T14N? Y O ADMINISfRA.TIONT A5ERVICEDISABLED VETERAN ' WBE? Y OTHER? O N SDB FLA? 'i N IS THIS SUBMISSION A REVISION? 'i N 1.F YES, RMSION NUMBER D. IF PR1ME HAS SUBCONTRAUOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TOCOMPLETE THIS NExTSECTION DBE MJWBE SUE.CONTRACTORORSUPPLIER TYPE OF WORK OR ETH N IC ITY CO UE SUBJ5LIPPLIER PERCENT OFCONTR4CT '4ETEPA, NWE SPEC :;LTV ;See Ba owl DOLLARAMOUNT DOLLARS N/A - E rthBalance intends to domplete the awarded w rk in house. TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDORJCONTRACTOR NAME OF SUBMITTER CATT TITLE OF SUBKIMER Cristine Borowski July 12, 2023 V.P. of Business Management EMLd-KC-D7E55 Or "P. M= ISUBMITE; T°_==FCNE `,Uh96ER ":;K NUMBEP. nhults earth balance. corn 941 426-7878 N -'_: -his information is used to track and report anticipated DBE or MBE participation in federally -funded contracts- The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a sol icitation- If and when awarded a County contras, the prime will be asked to update the information for the grant compliance files. D. SECTION TO BE COMPLETED BY COWER COUNTY DEPARTMENT NAME :DWEROQNTRA€T# IFIVFParPOJRE GRANT PROGRAMfOONTR.ACT ACCEPTED Br DATE EIH�O7K I®E BladcAm�err[an BA ckmeri[an HA NativeAmsri[an NA, Sub[ont.Asiankmerican SAA Asianwacif�cAmeri[an APA Nan -Minority Women NI.TAr Otfier: not of any other group listed Cl EXHIBIT I - 10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. EarthBalance Corporation Contractor (Firm Name) Signature of Contractor's Authorized Official Cristine Borowski, Vice President of Business Management Name and Title of Contractor's Authorized Official July 12, 2023 Date EXHIBIT I - 11 Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to wwwJrs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. EarthBalance Corporation 2 Business name/disregarded entity name, if different from above M a� 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to ca following seven boxes. certain entities, not individuals; see a instructions on page 3): o ElIndividual/sole proprietor or ElC Corporation ❑✓ S Corporation ElPartnership ❑ Trust/estate c single -member LLC Exempt payee code (if any) o. o ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting 9 vi c LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) IL ° w another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. U N ❑ Other (see instructions) ► (Applies to accounts maintained outside the U.S.) y 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) in 2570 Commerce Parkway 6 City, state, and ZIP code North Port, FL 34289 7 List account number(s) here (optional) IMM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SHowever, for a - m - resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. M59 - 2 6 1 2 2 0 8 rl Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of ,e— Here U.S. person Do-C L2U-�L� �?64.&(,� Date ► 01 /13/2023 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Form W-9 (Rev. 10-2018) Page 2 By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Form W-9 (Rev. 10-2018) Page 3 Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3. IF the entity/person on line 1 is THEN check the box for ... a(n)... • Corporation Corporation • Individual Individual/sole proprietor or single- • Sole proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes. • LLC treated as a partnership for Limited liability company and enter U.S. federal tax purposes, the appropriate tax classification. • LLC that has filed Form 8832 or (P= Partnership; C= C corporation; 2553 to be taxed as a corporation, or S= S corporation) or • LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes. • Partnership Partnership • Trust/estate Trust/estate Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Form W-9 (Rev. 10-2018) Page 4 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over 1 through 52 $5,0001 Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you are a single -member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. Form W-9 (Rev. 10-2018) Page 5 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: I Give name and SSN of: 1. Individual 2. Two or more individuals Qoint account) other than an account maintained by an FFI 3. Two or more U.S. persons (joint account maintained by an FFI) 4. Custodial account of a minor (Uniform Gift to Minors Act) 5. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law 6. Sole proprietorship or disregarded entity owned by an individual 7. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(1) (A)) The individual The actual owner of the account or, if combined funds, the first individual on the account' Each holder of the account For this type of account: I Give name and EIN of: 14. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 15. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i)(B)) List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. ^ List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier. *Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, The minor' • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. The grantor -trustee' If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number The actual owner printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you The owner3 think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline The grantor* at 1-800-908-4490 or submit Form 14039. For this type of account: I Give name and EIN of: 8. Disregarded entity not owned by an individual 9. A valid trust, estate, or pension trust 10. Corporation or LLC electing corporate status on Form 8832 or Form 2553 11. Association, club, religious, charitable, educational, or other tax- exempt organization 12. Partnership or multi -member LLC 13. A broker or registered nominee The owner Legal entity° The corporation The organization The partnership The broker or nominee For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. Form W-9 (Rev. 10-2018) Page 6 The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.ldentityTheft.gov and Pub. 5027. Visit www.irs.govIldentityTheft to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. COMMERCIAL APPLICATORS LICENSES glartll I�[.'ltparttlunt of SIgriculturr aub Coallunur briblctg Pesticide Certification Office Commercial Applicator License License # CM21738 ORTIZ, 5ERGIOMERREJON Issued: December 22, 2020 Cate 21 Expires: ,tune 30, 2024 :5 " 0 0-, -�), 7- r) 1 UU-4-1;jl Sigaisui a of Licrnsce NICOLE "NIM' Fk]ED. COMMISSIONER Ire aYora edti�al �: ieeteed imdcr ttr pmstslvte oiChgtr 117. F 5. d pLLrrluse and JpprJ resvicrLd uu Pa- ff'lonaa 011artment of Agrirdtin a b dotlscumtr btftt:g Pesticide Certification Office Commercial Applicator License License # CM23887 ZAMORA, ALFJANDRO 2570 COMMERCE PKGVY LJARTIIHALANCE CORP NORTH PORT, FL 34289 Issued: October 7, 2019 Categories 21 Expires: October 31, 2023 ff loriba Mepartment of 2griculture aub Gamier Serbke# Pesticide Certification Office Commercial Applicator License License # CM22689 5ERVi5S. CALVIN JACOB Categories 21 Issued: Fgbruary,T, 2022 Expires: January 31, 2026 f)l&rU *�d Slgnaltln of Licensee NICOLL—NIKKI" WILD, COMMISSIONER Ic ah.nr nidniJual is IiceawLrl under 11% piuvwiuna orCllnpler487. F 5 to purchlle Ind d7pl} mancled use palioi.Ws. YWIN IgtpAtitlltttrt of Ogrieulture aub fougunter jerbic Pesticide Certification Office Commercial Applicator License License # CM23947 CERDA, ALVARO LANA 2570 COMMERCE PKWY NORTH PORT, FL 34289 Issued: Ja uary 3l, 2020 Categories 21 Expires: December 31, 2023 /`pfi���1/1d✓Zi LorH6rtr- 1) 1 uu*�d n 1 t'..Y�..t 0JG Cionan s I L tllre of Licensee v NICDLE "NIKKI" FRIED, COMMISSIONER NICOLE'WiLK]" FRIED, COMMISSIONER The above individual is licensed under the provisions of Chapter 487, F.S. to purchase and apply resuictcd use The Above individual is Iiceaaed under the prov:aiao. of Cbaphr 487. P.S. to pt rdhue and pcsucidca. peeticidw. apphr rtaCiNed um Porttba Alewtintnt of agrocttitnrt anb CATSUMer S&crbites Pesticide Cerdlcation Office Commercial Applicator License License # CM17292 ff[WINI ...a*drllltilil ai Aprltullurr ,Inb [onilllmtr AkrbatCfi KAkideC.erliticaLiLm INfift i''alrarkMrdAl PIONcalur 1_icenre License 81 ['11264% H1IVSEL, CHR ISTINA MAR.IE Categories ALBERT, TYWN WESLEY Cate 21, 6, 5A, 2, 3 23 N COMMERCE PARKWAY NORTH NAT,FL 34289 Issued.- May 20, 202 Expires: .lone 30, 2025 kviled: L rtelmbrr 17, 2019 Elwel: hIUM6er3l, M3 ri 1 &�tt —4-ctd Sigmaturc of Lk-crlut NICOLE "NIK.KI" FRIED. COMMISSIONER SiaF r .cdnsLe W-CL NDZU FRIED COMMI55113 ER ills 9 K-V indKiilnl K fie m,d uldar Lhe proviSiNK n1'C"ff W. FS. Lop,—l— a W.F*y ¢ilricloi tee Ili b— radn iLd a I—.. J -d. as p..— ertmpr4f7, rs air and appl, rcmx m polidid— pininiciftL _110rb] j0fpbttttttW d[ ftftfplft" OFf> C4nIA6hff 6tdkO Pesticide Cerfilicalian Office -Cammcrcivl Applicator License I.iper l! CM2x BARRONAr.TAAffRANO. FNRIQ?UIF- C:lecgoncs 2570 UUMMERCE PARKWAY 21,6 VMTI I PC11tT, Fr_ 342M hAucd: April 19, 2023 Lark -us; Apr.1130, 2M S4nalurc fL.hrcnsr_r VIL'JCINMM1FAM.CUM M1NSKXILR rk11v,:■dil11u11III IcL1xdLratslit pruro c!li"ra1T,IS. ItRLl-i1u1rdaNiyrJrmdus }tukAft 14rOd 3tpdrtn1rnt 4f AffnCIINrt J11b C0115LIMVI �krilllt5 Pcstic i,dc I'er MICE tion Office Commcrcial Applicaior Licewhe License # CN127272 BIKE, MADELLNE Csttgarlcs 21 Issued: November 11, 22 121 Expires: Novembcr 3a, 2925 SignoLurcofLlLL-nXL NF02ILE•hEKKI"FRIED.LOkS 4]ISSIONFR Th. I..,..�-Jd , L—cd ..,ec, tYr pra,i — AdC 64� MT. M. mT. 6—"q.0w —kk-cd F L.Lk. COMMERCIAL APPLICATORS LICENSES floriaa department of Agritutture alai Can5un►er krbas Pesticide Certification Office Commercial Applicator License License # CM20664 LAROQUE, TAMES ANDERSON Categories 2570 COMMERCE PARKWAY 21 NORTH PORT; FL 34289 Issued: October 25, 2022 Expires: September 30, 2026 nib *1�j Sign of se NICOLE "NEM" FRIED, COMMISSIONER The above is hiadual is licensed under the provisions of Chapter 487, F.S. to purchase and apply restricted use pesticides. f loriaa arpartntrut of Agritulture ad Consumer 6trbitts Pesticide Certification Office Commercial Applicator License License # CM22735 DURINICK. WILLIAM D Categories 5A, 21, 6 Issued: March 11, 2022 Expires: Februaiw 28, 2026 Mliam Durinick (12:43 EDT) n Signature of Licensee NICOLE "NDM" FRIED, COMMISSIONER The above individual is licensed imdei the prosisions of Chapin 487, F.S. to purchase and apply restricted use pesticides. _#7mliia *11W"Plll et 90"fWtM ArVA 6,wfetLwmrr %"rums f f',Vtk4de (`erfifieeitfow 0we Cnmmmrcial Applicatnr Lieewxe Lkeeae # CM27-IM kYLE CateRnriec 'FN: ,',')X0AFRC6 PARKWAY 6 V.lx N A T. FL 34299 tl ,mM 3xiac 2. 2022 Expires: June 30, 2026 n qis °` L-1censee NICOLE'NIKKI' FREED. C011 MISSION23t r7laeaew =dPvA*s r kWr � mde the Pmvisio ofC'hW.,487. F.S. to lx r ho andply ap-ed me t� fflon'w-Meµlrhn(tit a Sgruulfurr aulb CIRIAIlnrr filrtbi(e5 Pesticide Geri Efcxtion 0111ce CIum erciol Appikatur Liccuse LkCFI:t:0 C."17841 FK)YCi:.)R, C-HRIRTOPf m I -CAA HLuics :s7u c�I}h1h11 RCF PKWY TORTI I W)RT, FL 342M .flonba �kparttl►titt of 2i rindnirt ana Longamer j-Ar'txces Pesticide Certification ()free Commercial Applicator License License # C,M23255 BANDA, JUAN I Categories 21 Is ued: December 2, 2022 Expires: November 30, 20:6 igflatlrrZ Df L 'ensee _.... NICOLE "NIKKI" FREED. Ctl�,U,11 S:01-1 ThC above i,ldividud is ]ioeoud urdcr the provisioat of Ceapter467. F.5. to parchz,e aro! aFTh r�,ncttd ce palirdrs. jrlonta Owrtmmt of �grittufturr anb mitfumtr �erfu l Pesticide CCertirtcation Office Commercial Applicator License License# CM26593 ORTIZ, JUAN CARLOS Categories 2570 COMMERCE PKWY 21 NORTH PORT, FL 34289 Issued: March 4, 2020 Expires, March 31, 2024 L n + au *L�d Sig lure of I_ICrnsec MCOLE'NIKKI" FRIED, COMMISSIONER rile aho, r mteridwl is liam,d imdp tee pto+7lm. of Chapter 487, P3lopun�aae and apply rea6inad voe pwcdn lorita Ztpartrnrnt of 2multnrr anb CongniRrr Arrblrrs Pe%tir We Uertiliica"n Office Commercial Applicator License Licenw 0 CM25261 BARRON, JAMES catearwirs 2570 COMMERCE PARKWAY 21.6 NORTH PORT, FL 34294 IN%ued, Februar}•2.2022 (Expires. January 31.2026 41gnoLuir44Liu:MW NK0LE'M1KK i RUED, tOkMSSLONEI IK'rk r— tidal, L—rdIm,LLrpru—rf{1ydEEdTFR h�y,ada-.,daprlrIratL-k2dI� t-1. ". flonba Ufplfrtnlrat of AgFK( Ihlrf allb toitsnnit► *raireS Pesticide Cerfiticition (I Mee Cmyikkierelal Applicator I_iernse I,ieenze 0 C1425190 MILLER_ SUITT HUNTlY, C'nlr�orLes 21 Issued.l Fb 21,'0"" apirex= Jr"rhruary 28, ythZ3 Issued. No, rmhrr z. 2022 Eipim.- fkliiber 3l, 2026 Ills= %1t,i( FJMPSGIL.(YIh1�ILSSbLWER uLumofLlt:n"x NILOLL•'NIKKI'H(I•'P,COMMISSIOwM Ir_JIaIli lralnliaJ wlX,mad uF�C 1i R'j1- rm 411.r aiia_Fti.ht Liae�2 /QdI �f4�111[9hl lei "' ydl,dt.�G�511{fn�t�llluL•�IKfill"M�nY��ifllpkl4l<'.F.S q.I,11L1ur.'rld/pfl}'ISFf jrd r•r Firm Name: EarthBalance Corporation Firm and Employee Licenses & Certifications License Type Issued to Firm or Employee License Number American Red Cross Adult First Aid/CPR/AED Adrian Ortiz 014JEE3 American Red Cross Adult First Aid/CPR/AED Alejandro Zamora OOT2NM3 FDACS Commerical Applicator License Alejandro Zamora CM23887 FDACS Authroized Purchasing Agent for Restricted Use Pesticide Alejandro Zamora CM23887 American Red Cross Adult First Aid/CPR/AED Alvaro Cerda OOT2NM9 FDACS Commerical Applicator License Alvaro Cerda CM23947 American Red Cross Adult First Aid/CPR/AED Amber Halstead OORK80D FWC Authorized Gopher Tortoise Agent Amber Halstead GTA-18-00051C SEI Open Water Diver Amber Halstead 005301 American Red Cross Adult First Aid/CPR/AED Amy Provencal OORK7VT American Red Cross Adult First Aid/CPR/AED Antonio Ortiz OOKHS613 American Red Cross Adult First Aid/CPR/AED Arnulfo Cerda OORCQB2 American Red Cross Adult First Aid/CPR/AED Calvin Serviss OORK80F FDACS Commerical Applicator License Calvin Serviss CM22689 Healthsaver First Aid/CPR/AED Christina Hensel 17550477688 FDACS Commerical Applicator License Christina Hensel CM17292 ISA Certified Arborist Christina Hensel FL-9154A Society of Wetland Scientists Certified PWS Christina Hensel 1765 PMI Certified PMP Christina Hensel 237351 American Red Cross Adult First Aid/CPR/AED Christopher Boyce 014JEE7 FDACS Commerical Applicator License Christopher Boyce CM27843 American Red Cross Adult First Aid/CPR/AED Dalia Amesquita OOKHRGR American Red Cross Adult First Aid/CPR/AED Don Ross OORK80B Society of Wetland Scientists Certified PWS Donald H. Ross 1058 ESA Certified Emeritus Senior Ecologist Donald H. Ross N/A American Red Cross Adult First Aid/CPR/AED Enrique Barron OORCQB4 FDACS Commerical Applicator License Enrique Barron CM26048 American Red Cross Adult First Aid/CPR/AED Erik Sandsmark OORK805 FDEP Qualified Stormwater Management Inspector Erik Sandsmark 23869 American Red Cross Adult First Aid/CPR/AED Ezequiel Ortiz 01018MS American Red Cross Adult First Aid/CPR/AED Florentino Trejo Martinez OORCQBO American Red Cross Adult First Aid/CPR/AED Ignacio Carreno OORCQAU American Red Cross Adult First Aid/CPR/AED Ismael Cruz OORCQAS American Red Cross Adult First Aid/CPR/AED James Barron OOUPGEU FDACS Commerical Applicator License James Barron CM25261 Summit Training Source: OSHA 30hr General Industry James Barron N/A American Red Cross Adult First Aid/CPR/AED James Laroque OORK7VV FDACS Commerical Applicator License James Laroque CM20664 ISA Certified Arborist James Laroque FL-9190A Page 1 of 3 Firm and Employee Licenses & Certifications License Type Issued to Firm or Employee License Number OF Certificate of Training Best Management Practices Florida Green Industries James Laroque GV405953-1 Marine Safety, LLC certified Airboat Operator James Laroque N/A American Red Cross Adult First Aid/CPR/AED Joe Hayden OOUPGFO American Red Cross Adult First Aid/CPR/AED Juan Banda OOQP90N FDACS Commerical Applicator License Juan Banda CM23255 American Red Cross Adult First Aid/CPR/AED Juan Ortiz OORCQB8 FDACS Commerical Applicator License Juan Ortiz CM26583 American Red Cross Adult First Aid/CPR/AED Kelly Parker OOQP90J American Red Cross Adult First Aid/CPR/AED Kyle Joint OORCQBE FDACS Commerical Applicator License Kyle Joint CM27508 American Red Cross Adult First Aid/CPR/AED Madeline Pike OORK803 FDACS Commerical Applicator License Madeline Pike CM27272 FWC Authorized Gopher Tortoise Agent Madeline Pike GTA-23-0013 American Red Cross Adult First Aid/CPR/AED Marco Castorema 014JEE5 American Red Cross Adult First Aid/CPR/AED Martin Zarazua OORCQB6 American Red Cross Adult First Aid/CPR/AED Remigio Santiago Gomez 014JEE1 American Red Cross Adult First Aid/CPR/AED Roger Bacon OOQP90F OF Executive Education Certificate Business Essentials I Sarah J. Laroque N/A OF Executive Education Certificate Business Essentials 11 Sarah J. Laroque N/A OF Executive Education Executive Certificate in Business Essentials & Marketing Management Certificate Sarah J. Laroque N/A OF Executive Education Certificate of Tactical marketing Management Sarah J. Laroque N/A PMI Certified PMP Sarah J. Laroque 457289 American Heart Association Basic Life Support Prov Scott Miller 225414289259 FDACS Commerical Applicator License Scott Miller CM25780 American Red Cross Adult First Aid/CPR/AED Sergio Ortiz Ortiz OOKHRHI FDACS Commerical Applicator License Sergio Herrejon Ortiz CM21738 Sea School Certified Fist Aid & CPR Tyson Albert 422317-18 FDACS Commerical Applicator License Tyson Albert CM26456 FDOT CDL License Tyson Albert A416-819-95-162-0 American Red Cross Adult First Aid/CPR/AED Wade Waltimyer OORK801 Healthsaver First Aid/CPR/AED William Durinick 17550591842 FDACS Commerical Applicator License William Durinick CM22735 OF Noxious Plant Control Methods William Durinick N/A FDACS Certificate of Nursery Registration Earth Balance Corporation 4722447 FNGLA Florida Nursery, Grower & Landscape Association Earth Balance Corporation N/A FDACS License as Dealer in Agriculture Products Earth Balance Corporation AD799 Page 2 of 3 Firm and Employee Licenses & Certifications License Type Issued to Firm or Employee License Number Permitted to Collect Non -Prohibited Aquatic Plants Earth Balance Corporation 4722447 Page 3 of 3 CONFIRM ALL REQUIRED LICENSES AND FORMS ARE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. INVITATION FOR QUALIFICATION (IFQ) •w SOLICITATION 23-8135 EXOTIC AND NUISANCE VEGETATION REMOVAL -.r Criteria 1: Cover Letter / Management Summary Criteria 2: Experience and Capacity of Firm q Criteria 3: Specialized Expertise of Team Members Required Form Submittals Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Proof of Status from Division of Corporations Form 3: Immigration Affidavit Certification E-Verify Form 4: Reference Questionaires Form 5: Grant Provisions and Assurances Vendor W-9 Form Insurance Requirements Requested Licenses and Certifications EVALUATION CRITERIA NO, 1 COVER LETTER MANAGEMENT SUMMARY e � 1 Z 1 Y�4rr F Y f d y. 4 1-77 777-7-777- Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 i �i EARTH TECH ENVIRONMENTAL Collier County Government July 10, 2023 Procurement Services 3295 East Tamiami Trail Building C2 Naples, FL 34112 Re: Solicitation #23-8135 — Exotic and Nuisance Vegetation Removal Dear Selection Committee: Earth Tech Environmental has reviewed the Exotic Vegetation Removal solicitation and is confident that our firm's personnel, expertise, local knowledge, and experiences meet and exceed Collier County's exotic removal service needs. Earth Tech Environmental is a local firm that is grounded in face to face interactions and handshakes as a traditional approach to building relationships. We are on the current Collier County exotic removal contract and appreciate the opportunity to further demonstrate our environmental and biological knowledge to the committee. Earth Tech Environmental has provided services to clients that range from single family landowners to large scale public entities. Earth Tech Environmental has experience working with the Florida Division of Forestry, Florida Gulf Coast University, South Florida Water Management District, The Conservancy of Southwest Florida, Corkscrew Swamp Sanctuary, Conservation Collier, Florida Wildlife Federation, Lee County Port Authority, and several Collier County departments. Earth Tech Environmental LLC, its experienced staff, and trusted subcontractors have been providing "turn -key" ecological and sustainable solutions for our client's environmental needs since 2006. Earth Tech Environmental LLC is a Southwest Florida based environmental firm that focuses on ecosystem restoration and environmental consulting. We specialize in exotic eradication, ecosystem restoration and a native plant provider for private, commercial and municipal clients. In addition, Earth Tech Environmental LLC excels in preserve/lake management, mitigation creation, environmental compliance, mechanical vegetation removal, bush hog mowing, and wetland/upland/littoral plant supply and installation. All projects are supervised by a qualified and licensed project manager with knowledge of local plant communities and experience in current environmental management techniques. With an ever -changing economic environment, Earth Tech Environmental LLC has established the ideology of providing our clients with a streamlined interdisciplinary approach to solving their environmental needs. This ideology focuses on simple, effective and economical tools that provide straightforward and concise results. This approach towards eradicating targeted exotic/nuisance species has provided clients with a cost reductive product with long-term ecological benefits. Utilizing the expertise of our staff and dependable subcontractors, Earth Tech Environmental LLC has successfully implemented this business plan since its inception. 10600 Jolea Avenue • Bonita Springs, Florida 34135 • P 239.304.0030 • www.eteflorido.com i �i EARTH TECH ENVIRONMENTAL I hope our qualifications and experience gives you and Collier County Board of County Commissioners the confidence that Earth Tech Environmental LLC can provide you with professional and timely services for your current and future environmental needs. Earth Tech Environmental staff and our team members have decades of cumulative environmental experience in the Collier County area. Earth Tech Environmental has enjoyed the development of our positive, productive, and cost saving relationships with numerous Collier County staff over the years. We look forward to continuing our service to Collier County. Sincerely, Donn Brown Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 donnb@eteflorida.com Ph: 239.304.0030 u Jeremy Sterk Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 jeremys@eteflorida.com Ph: 239.304.0030 Donn Brown and Jeremy Sterk are authorized contact persons for this proposal. At the time of this submittal, we are not aware of any addendums to the original IFQ. 10600 Jolea Avenue • Bonita Springs, Florida 34135 • P 239.304.0030 • www.eteflorido.com r• {! 6 � e N � 1 ri ►"... Ysr <" ra t� j47 5� �' � .k � ' - f � j 7 f�fa��+' � ...Aa` ,V, Y3V �,• !pN 4tiF,►�� .; � ,.a ..w 771, f ! y ��, •� �f,� _ - � �• f �� �. .fit +,trj' -. ' ,..��• _\ � ,�,� �.� ..fir �� . % i � y'. �� � � a 1 A MAN IENCE AND CAPACIT%' ENNVIIRON ENRK EARAL QUALIFICATIONS Earth Tech Environmental LLC offers a wide range of professional environmental services across several environmental disciplines, stretching beyond ecological restoration and the removal of exotic vegetation. Earth Tech Environmental LLC has its own in-house environmental consulting department that works alongside our ecological restoration crews to provide further guidance and quality assurance. Ever since the establishment of our consulting services department which started in 2013, our consultants have acquired numerous certifications including registered gopher tortoise agents, burrowing owl agent, eagle monitoring, indigo snake monitoring, USCG OUPV Captain's License, two certified drone pilots, and certified wetland delineators with many years of experience in each of these disciplines Additionally, Earth Tech Environmental LLC established an in-house native plant nursery in 2018 which is overseen by a dedicated experienced nursery manager & staff to further support and add value to our region's ecological restoration efforts. Our internal native plant nursery has dramatically improved our overall efficiency in executing all of our restoration projects with the added benefit in cost saving, which we are able to extend to our clients. Financial strength Earth Tech Environmental LLC has shown exponential growth since its inception. Through our financial standing, experience in the industry, and the business practices of our company as well as our owners, we can obtain bonding capability on projects for $2 million with an aggregate amount of $4 million. This provides another layer of trust between us and our clients because it gives them the assurance as to the quality of work being provided and sends a message that we are credible, professional, and ethical. Earth Tech Environmental Sales 2012-2023 s6,000.000 $s,soo,000 $a,000,000 $3,500,000 $3,000,000 $2,500,000 ■ $1,700,000 $2,000,000 $SS7,026 $960,665 $1,200,000 $1,200,000 ■ ■ ■ * - Revenue through June 31, 2023 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 IAA E F AND C A P A C I T' ENVIIRON EN AAR ERTH Li SUBCONTRACTORS Earth Tech Environmental LLC has utilized its trusted subcontractor's since our inception during times when our workload has exceeded our interal capacity. Earth Tech Environmental LLC may utilize our trusted subcontractors "Grizzly FL, Inc..", "Expert Tree Care", "Mighty Mangroves", and "Thrasher Site Development" if demand exceeds our current staffing levels. Grizzly FL, Inc. GRIZZLY Expert Tree Care Af� Year established: 2022 Year established: 2017 EXPMTBEE Phone: (239) 788-5735 Phone: (239) 494-8175 CARELLC Email: jeffkaulbars@gmail.com Email: juan@experttreecare.net Servicing Lee & Collier counties since 2022, the Grizzly FL, Inc. team specializes in exotic and nuisance vegetation removal by utilizing industry methods such as cutting and stump treatment of all woody exotic/nuisance species; foliar treatment of all saplings and/ or herbaceous exotic/nuisance species; and hand pulling material. Grizzly FL, Inc. has assisted us on several projects, including Florida Gulf Coast University, RSW Mitigation Park, and several county projects. Mighty Mangroves ®O� Year established: 2012 Phone: (239) 691-1072 Email: lori@mightymangroves.com For 11 years, Mighty Mangroves, Inc., a local business, has been offering specialized mangrove services, including mangrove permitting, trimming and mangrove removal. Mighty Mangroves has assisted us on several coastal projects including Marco Island Executive Airport, Lucaya CDD, Pelican Bay Services Division, and numerous other jobs. Expert Tree Care, a local business, has been offering a multitude of tree services to Collier and Lee counties since 2017. With certified arborist on staff, Expert Tree Care provides specialized mechanical support during initial exotic removal efforts of large woody exotic material. Common used equipment includes but is not limited to chippers, chip trucks, walk -behind mini skid steers, one yard wheel loaders, etc. Thrasher Site Development Year established: 1999 Phone: (239) 370-2205 Email: tsd.1999@gmail.com For 23 years, Thrasher Site Developments, Inc., a local, family owned business, has been offering detail oriented land clearing services that include excavation, site development, land clearing, grading, and removal. Thrasher Site Development has assisted us on several projects including Sabal Palm, RSW onsite preserve and mitigation park, and numerous other jobs. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 IAA RK EXPERIENCE AND CAPAC`- EART"TES" ENVIRONMENTAL EQUIPMENT Earth Tech Environmental LLC has been performing control of exotic invasive plants since 2006. Below is a current list of equipment that is readily available to complete all work for this task. In addition, any additional equipment that is needed can be provided by vendors or subcontractors. All work is supervised by a project manager/project foreman that is FDACS licenses to apply herbicides in natural areas, ROW's, aquatic areas and/or forested areas. All equipment will be examined before jobs commence to ensure that all blades are sharpened to provide a smooth, clean-cut. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 i �i EARTH TECH ENVIRONMENTAL EQUIPMENT LIST Equipment Type Year Make Model Owned Leased Trailer 2008 COTC Utility Trailer X Trailer 2009 Topi Trailer X Truck 2013 Ford Ford - F150 ( Old Tag AZCQ59) X Trailer 2013 U-Dump UDUM Trailer X Trailer 2013 CALB Trailer X UTV 2014 Kubota Kubota: RTV 500-H X Trailer 2015 - CALB Trailer X Skidsteer 2002 Caterpillar Skidsteer Model 226T X Skidsteer Attachment - - Brush Cutter ( ETE13 attach) X Skidsteer Attachment - - Angle Blade 84" ( ETE 13 attach) X Skidsteer Attachment - - 6" Auguer ( ETE 13 attach) X Skidsteer Attachment - - 9" Augur ( ETE 13 attach) X Skidsteer Attachment - - Grapple ( ETE 13 attach) X Truck 2016 Ford Ford F-150 Supercab X Truck 2016 Ford Ford F 150 4X4 X UTV 2016 Kubota Kubota: RTV 500 X UTV 2016 Kubota Kubota: RTV 500 X UTV 2016 Kubota Kubota: RTV-X900 WL-H X Buggy - Swamp Buggy - Grey Ghost X Sprayer - 100 Gallon Hose Skid Sprayer X Tractor - Kubota Kubota Tractor - M 7040 X Skidsteer Attachment 2018 6' Bush Hog Rotary Cutter X Mower - Bush Hog Mower Deck X Sprayer 2009 - King 200 Galloon Sprayer X Truck 2017 Ford Ford F 250 Super Duty X UTV 2017 Kubota Kubota RTV X 900 X UTV 2017 Kubota Kubota CTL w ROPS/ Fecon X Skidsteer Attachment 2017 80" Bucket X Skidsteer Attachment 2017 Special Application Door X Skidsteer Attachment 2017 - Forestry Package X Skidsteer Attachment 2017 Samari Knifes X Skidsteer Attachment 2017 Fuji Electric Portaflow C Meter X Truck 2018 Ford 2018 Ford Super Duty F-450 X Mower 1 2018 - jBilly Goat Bush Mower X Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 IND C A P A {. � EARTH TECH ENVIRONMENTAL EQUIPMENT LIST, Cont. Equipment Type Year Make Model Owned Leased Boat - Camo color Canoe X Boat 2009 Ghennoe Boat X Motor 2019 Honda Honda 5 HP Outboard Motor X Boat 2018 Tracker Tracker John Boat X Motor - Yahama Yamaha 3HP Motor X Truck 2019 Ford Ford F250 X Drone - DJI Drone X Truck - Ford 2018 F150 44 Supercrew X Sprayer 2019 35 Gallon Super Skid 12 Volt Spray X Sprayer 2019 35 Gallon Super Skid 12 Volt Spray X Sprayer 2019 35 Gallon Super Skid 12 Volt Spray X UTV 1998 Carryall Club Car Carryall - Turf 2 X Trailer 2019 6 x 12 Utility Trailer X Tractor 2020 Kubota 4x4 Sub Compact Tractor X Boat - Inmar Dive/ Recue Utility Rib ( Boat) X UTV 2020 Kubota RTV X1140 WL Kubota X Buggy - Swamp Buggy X Boat 1976 Pontoon Boat X Trailer 2015 PTTS Trailer X Truck 2018 Ford Ford F-150 Supercab X Boat 2021 Inmar Patrol Utility Rib X Car 2012 Jeep eep Patriot X Truck 2021 Jeep eep Gladiator X Truck 2021 Jeep Jeep Gladiator X Trailer 2022 Bigfoot Trailer- Model:14ET20XP- X Trailer 2019 Equipment Trailer -Model EH2O24K X Truck 2021 Ford Ford F-150 Supercrew X Skidsteer Attachment 2022 Root Grapple X Boat 2019 Inmar Inmar RHIB X Trailer 2022 U-Dump U Dump Trailer X UTV Kubota RTV X 900- G-H Diesel work vehicle X UTV Kubota RTV X1140 WL Kubota X Truck 2020 Ford Ford F-250 Super Duty XLT X UTV 2023 Kawasaki Kawasaki Model KVF750GPFNN X Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0A OR 'ENCE AND CAPAC` EARTH TECH ENVIRONMENTAL PREVIOUS PROJECTS Provide five (5) examples of exotic vegetation projects in natural areas that demonstrate five (5) years of experience. Project Description Client Name Start Orig Final Original Final Project # of Date End End Project Amount Change Date Date Amount Orders 2022 — 2023 — RSW Mitigation Park: ETE Alicia Dixon Nov June May $759,001.60 $759,001.60 0 performed exotic / nuisance vegetation Director 2022 2023 2023 management, mechanical vegetation Lee County Port removal, and trail maintenance within Authority designated areas of ±2,200 acres of 11000 Terminal conservation land of Lee Country Port Access Road, Suite Authority RSW Mitigation Park (Imperial 8671, Fort Myers, FL Marsh South). All FLEPPC Category I and II 33913 exotic species in addition to selective Office: 239-590-4618 nuisance species were targeted. Eradication addixon@flylcpa.com methods consisted of cutting and stump treatment of all woody exotic/nuisance species; foliar treatment of all saplings and/or herbaceous exotic/nuisance species; and hand pulling material. Mechanical methods were also implemented. Work conducted by ETE field staff and subcontracted field staff from FG Laguna Tech and Grizzly FL. 2022 — Babcock Ranch: ETE performed initial Christina Kontos Jan Dec Dec $2,892,664.00 $2,892,664.00 0 exotic removal, semi-annual exotic Environmental 2022 2022 2022 maintenance, and quarterly exotic Mitigation Manager maintenance within ±6,155 Acres of upland Babcock Ranch and wetland mitigation areas, created 42850 Crescent Loop wetland and created flow -ways within Babcock Ranch, FL Babcock Ranch. All FLEPPC Category I and II 33982 exotic species in addition to selective Office: 941-467-1491 nuisance species were targeted. Eradication ckontos@kitsonpartn methods consisted of cutting and stump ers.com treatment of all woody exotic/nuisance species; foliar treatment of all saplings and/or herbaceous exotic/nuisance species; and hand pulling material. Mechanical methods were also implemented. Work conducted by ETE field staff and subcontracted field staff from FG Laguna Tech. 2021— Pelican Bay: ETE conducted Initial Lisa Jacob Nov Aug Aug $84,704.82 $84,704.82 0 exotic removal, quarterly exotic Project Manager 2021 2022 2022 maintenance, and bi-annual exotic Collier County maintenance within ±86.34 Acres of Pelican Bay Services sensitive mangrove habitat, to establish and Division maintain stormwater drainage in Pelican Bay. 801 Laurel Oak Dr, All FLEPPC Category I and II exotic species in Suite 102 addition to selective nuisance species were Naples, FL 34108 targeted. Eradication methods consisted of Office: 239-252-1355 cutting and stump treatment of all woody Lisa.jacob@collierco exotic/nuisance species; foliar treatment of untyfl.gov all saplings and/or herbaceous exotic/nuisance species; and hand pulling material. Work conducted by ETE field staff. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 IAA RK E N C E AND CA PA C I T'` EARTH TECH ENVIRONMENTAL PREVIOUS PROJECTS 2020—CC Resource Recovery Park: ETE Robin Bain May Dec Sept $54,225.00 $54,225.00 0 provided a multitude of services within Project Manager 2020 2020 2020 ±101.69 Acres and recently received an Collier County Solid additional ±65.48 Acres of exotic treatment Waste & Recycling within the last year. Services have included 3339 Tamiami Trail ongoing preserve maintenance, mechanical Ease, Suite 302, fire mitigation and supplemental plantings as Naples FL 34112 needed. All FLEPPC Category I and II exotic Office: 239-252-5105 species in addition to selective nuisance Robin.bain@collierco species were targeted. Eradication methods untyfl.gov consisted of cutting and stump treatment of all woody exotic/nuisance species; foliar treatment of all saplings and/or herbaceous exotic/nuisance species; and hand pulling material. Mechanical methods were also implemented. Work conducted by ETE field staff. 2018 - 2019 — Quail West: ETE provided a Nathan Gingrich Dec Nov Nov $99,500.00 $99,500.00 0 variety of services within ±215.55 Acres of Director of Courses & 2018 2019 2019 SFWMD preserves, county preserves & ACOE Grounds special preserve easements. Services Quail West Golf & included semi-annual preserve maintenance, Country Club quarterly preserve maintenance, monthly 5950 Burnham Rd preserve & SPE maintenance, supplemental Naples, FL 34119 restoration planting & littoral and shoreline Office: 239-593-4121 plantings. All FLEPPC Category I and II exotic ngingrich@quailwest species in addition to selective nuisance com species were targeted. Eradication methods consisted of cutting and stump treatment of all woody exotic/nuisance species; foliar treatment of all saplings and/or herbaceous exotic/nuisance species; and hand pulling material. Work conducted by ETE field staff. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 IAA OR AND CA PA C I T EARTH TECH 1� ENVIRONMENTAL REGIONAL SOUTHWEST MITIGATION PARK 2010 - Present ETE performed exotic / nuisance vegetation management, mechanical vegetation removal, and trail maintenance within designated areas of ±2,200 acres of conservation land of Lee Country Port Authority RSW Mitigation Park (Imperial Marsh South). All FLEPPC Category I and II exotic species in addition to selective nuisance species were targeted. Eradication methods consisted of cutting and stump treatment of all woody exotic/nuisance species; foliar treatment of all saplings and/or herbaceous exotic/ nuisance species; and hand pulling material. Mechanical methods were also implemented. Work conducted by ETE field staff and subcontracted field staff from FIG Laguna Tech and Grizzly FL. • Exotic/ nuisance vegetation management • Mechanical vegetation removal Alicia Dixon Director Lee County Port Authority 11000 Terminal Access Road, Suite 8671 Fort Myers, Florida 33913-8213 Direct: (239) 590-4618 Cell: (239) 839-0648 Email: addixon@flylcpa.com $759,001 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 IAA I N D CA PA C AR EARTH TECH ENVIRONMENTAL BABCOCK RANCH COMMUNITY 2012 - Present ETE performed initial exotic removal, semi-annual exotic maintenance, and quarterly exotic maintenance within ±6,155 Acres of upland and wetland mitigation areas, created wetland and created flow -ways within Babcock Ranch. All FLEPPC Category I and II exotic species in addition to selective nuisance species were targeted. Eradication methods consisted of cutting and stump treatment of all woody exotic/nuisance species; foliar treatment of all saplings and/ or herbaceous exotic/nuisance species; and hand pulling material. Mechanical methods were also implemented. Work conducted by ETE field staff and subcontracted field staff from FIG Laguna Tech. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 L t, AR I N D CA PA C EARTH TECH ENVIRONMENTAL PELICAN BAY SERVICES DIVISION 2012 - Present ETE conducted Initial exotic removal, quarterly exotic maintenance, and bi-annual exotic maintenance within ±86.34 Acres of sensitive mangrove habitat, to establish and maintain storm water drainage in Pelican Bay. All FLEPPC Category I and II exotic species in addition to selective nuisance species were targeted. Eradication methods consisted of cutting and stump treatment of all woody exotic/nuisance species; foliar treatment of all saplings and/ or herbaceous exotic/nuisance species; and hand pulling material. Work conducted by ETE field staff. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 OR EARTH TECH CRITERIA No. 1 _ E X F I N D C A P A C I T v ENVIRONMENTAL COLLIER COUNTY RESOURCE RECOVERY BUISNESS PARK 2019 - Present ETE provided a multitude of services within ±101.69 Acres and recently received an additional ±65.48 Acres of exotic treatment within the last year. Services have included ongoing preserve maintenance, mechanical fire mitigation and supplemental plantings as needed. All FLEPPC Category I and II exotic species in addition to selective nuisance species were targeted. Eradication methods consisted of cutting and stump treatment of all woody exotic/nuisance species; foliar treatment of all saplings and/ or herbaceous exotic/nuisance species; and hand pulling material. Mechanical methods were also implemented. Work conducted by ETE field staff. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 t ►, IAA �� I N D CA PA C EARTH TECH ENVIRONMENTAL Quail West Golf and Country Club 2014 - Present ETE provided a variety of services within ±215.55 Acres of SFWMD preserves, county preserves & ACOE special preserve easements. Services included semi-annual preserve maintenance, quarterly preserve maintenance, monthly preserve & SPE maintenance, supplemental restoration planting & littoral and shoreline plantings. All FLEPPC Category I and II exotic species in addition to selective nuisance species were targeted. Eradication methods consisted of cutting and stump treatment of all woody exotic/nuisance species; foliar treatment of all saplings and/or herbaceous exotic/nuisance species; and hand pulling material. Work conducted by ETE field staff. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 EVALUATION CRI TER14 NO, 3 SPECIALIZED EXPERTISE OF TEAM MEMBERS y Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 19 'ECIA LIZED ,13t Ur ►tAn ORGANIZATIONAL CHART EARTH TECH ENVIRONMENTAL 0 DONN BROWN I �,J JEREMY STERK FOUNDER / SENIOR PROJECT MANAGER I PARTNER / PRINCIPAL ENV. CONSULTANT i• %' 10) JIM BLALOCK .� JEREMY BOONE SENIOR PROJECT FOREMAN PROJECT MANAGER DEAN FELLA - PROJECT FOREMAN L SPENCER BLALOCK - PROJECT FOREMAN PAYTON BLALOCK - PROJECT FOREMAN JASON MILLER - PROJECT FOREMAN GAYK MEKENYAN - PROJECT FOREMAN WILLIAM NATAL - ASSISTANT FIELD LEAD IL SALOMON COLONICO - ASSISTANT FIELD LEAD 0 FIELD CREWS CONOR GOULDING ENV. CONSULTANT / GIS SPECIALIST GRIZZLY SUBCONTRACTORS GRIZZLY FL, INC. THRASHER SITE DEVELOPMENT °°'�� cMEuc EXPERT TREE CARE MIGHTY MANGROVES �\F Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 IT•\\ C"• VIM Founder/Project Manager e: donnb@eteflorida.com t: 239.304.0030 m: 239.438.1389 .I)ECIALIZED i �i EARTH TECH ENVIRONMENTAL Mr. Brown founded Earth Tech Environmental LLC in 2006 as President and Project Manager with more than 20 years of private and public sector experience in the environmental field. Relevant Experience Mr. Brown has been an acting partner of Earth Tech Environmental LLC since 2006. He currently holds the position of Project Manager and President of Earth Tech Environmental LLC. He has been in the ecosystem restoration industry for more than 18 years, and has been involved in ecosystem restoration projects throughout Florida and the U.S. Virgin Islands. Mr. Brown specializes in project management processes with any ecosystem restoration project life cycle. He has successfully managed both small and large-scale restoration, mitigation, and land development projects with responsibilities in project planning, coordination, cost estimates, allocation of resources and materials, scheduling, procurement, QA/QC, and contractor/vendor relationships. He is commercially licensed in Collier County as a Landscaping Restricted Contractor, and in Florida as a FDACS-licensed Herbicide Applicator. In addition, Mr. Brown has been certified as a Project Management Professional and Stormwater Inspector through Florida Department of Environmental Protection. Donn's work experience includes: Ecosystem Restoration Management Planning Exotic/Nuisance Species Eradication Mangrove Habitat Restoration Estuarine Habitat Restoration Mitigation Management Planning Wetland Habitat Restoration Upland Habitat Restoration Water Quality Sampling Years' Experience Wetland & Upland Preserve Area Creation Littoral Zone Creation 20 years Preserve Management & Maintenance Native Plant Installation Seagrass Surveys Ecological Assessments Education/Training B.A. Environmental Studies & Environmental Relevant Certifications/Credentials History Florida Gulf Coast University Florida Department of Agriculture & Consumer Services licensed applicator for ROW, (2001) Forested Areas, Aquatic Areas and Natural Areas (CM #15838) Florida Department of Agriculture & Consumer Services Certificate of Stock Dealer Professional Affiliations Registration (Reg. #47237324) Florida Association of Florida Department of Environmental Protection Best Management Practices Environmental Professionals certification (GV7697) (FAEP) Florida Department of Environmental Protection Qualified Stormwater Management Inspector(19985) Friends of Fakahatchee Strand Preserve State Park Certified through Project Management Institute in 2004 as a Professional Project Manager (PMP #199828) Collier County Certificate of Competency as a Landscaping Restricted Contractor (C33235) Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 IRITERIA N0. 3 - SPECIALIZED EXPERTISE OF TEAM JEREMY STERK, CEP Partner \ Principal Environmental Consultant e: jeremys@eteflorida.com t: 239.304.0030 m: 239.595.4929 Years' Experience MAC INS EARTH TECH ENVIRONMENTAL Mr. Sterk has been an environmental consultant in Southwest Florida since 1994 and has worked on projects throughout the State of Florida. His varied experience spans marine, upland, and estuarine habitats and includes extensive work with a wide variety of listed species. Relevant Experience In addition to authoring dozens of habitat and species management plans, in 2007, Jeremy co-authored the first habitat conservation plan (HCP) in the nation to address incidental take issues for both red cockaded woodpeckers (RCW) and Florida panther on the same property. In 1998, he wrote an ecological assessment computer model for the South Florida Water Management District as part of the South Lee County Watershed Study. Early in his career, Jeremy was the principal investigator of a field research project in the Bahamas that utilized telemetry tracking to study the swimming speed of sub -adult lemon sharks. Jeremy's work experience includes: FWC Approved Shorebird Monitor USFWS Bald Eagle Monitor Vegetation & Habitat Mapping USFWS Section 7 & Section 10 Permitting Water Use Monitoring & Compliance Preserve Management Plans RCW Surveys & Habitat Evaluations Environmental Land Use Planning Native Vegetation Restoration Plans Site and Aerial Photography Scrub Jay Surveys Mangrove Assessments & Restorations Hard Bottom & Soft Bottom Benthic Surveys Artificial Reef Deployments Environmental Resource Permitting (ERP) Turbidity Monitoring Wetland & Water Level Monitoring Environmental Impact Statements (EIS) Project Management GIS / GPS Mapping & Exhibits Phase 1 Environmental Site Assessments Phase II Environmental Site Assessments Lake Management Plans Due Diligence Reports Wetland Jurisdictional Determinations Bonneted Bat Surveys Seagrass Surveys Manatee Observer 28 years Certifications/Credentials Education/Training ■ Certified Environmental Professional #1692037, Academy of Board -Certified Environmental Professionals B.S. Aquatic Biology St. Cloud State University (1994) Professional Affiliations Academy of Board -Certified Environmental Professionals #16992037 Florida Association of Environmental Professionals (FAEP) ■ Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent (Permit No. GTA-09-00192) ■ Florida Fish and Wildlife Conservation Commission Burrowing Owl Registered Agent (No. RAG-18-00080) ■ PADI Research Diver Certified • SSI Nitrox Diver Certified ■ Florida Association of Environmental Professionals — member since January 1995; served on the Board of Directors for the Southwest Florida Chapter from (2008 — 2012). Past Secretary, Vice President, & President. ■ State of Florida Real Estate License (2003 to Present) Appointed by the Collier County Board of County Commissioners to: • Conservation Collier Land Acquisition Advisory Committee, Chairman of the Lands Evaluation and Management Subcommittee. (2009 to 2014). • Collier County Development Services Advisory Committee (DSAC) (2015 to Present). • FWC Local Rule Review Committee (Manatee Protection Speed Zones) (2016). Publications Sundstr6m, L.F., J. Sterk, & S.H. Gruber. 1998. Effects of a speed -sensing transmitter on the swimming speed of lemon sharks. Bahamas J. Sci. 6 (1): 12-22. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 i �i SPECIALIZED EXPERTISE OF IEAIV, EARTH TECH ENVIRONMENTAL Jim Blalock Senior Project Foreman - 25+ years experience Mr. Blalock has been with Earth Tech Environmental, LLC since 2011 and holds the position of Senior Project Foreman. His duties consist of herbicide application, crew supervision and equipment operations. Jim also oversees subcontractors, bush hog mowing operations, mechanical mowing and fence installation for Earth Tech Environmental. His past experiences include being a Project Manager with Forestry Resources Vegetation Management and he has dealt with large scale mechanical and manual vegetation removal. Jeremy Boone Project Manager -17 years experience Mr. Boone has been with Earth Tech Environmental, LLC since 2014 and currently specializes in various environmental permitting processes & restoration efforts. As a Project Manager, Jeremy fulfills duties in environmental consulting, residential and commercial permitting, project estimations, and helps oversee general GIS operations. Mr. Boone is also experienced in the use of advanced GPS systems, while safeguarding ' the highest accuracy standards through the use of Terra Sync software and Trimble GeoXH/7X equipment. ^� Since 2006, he has also specialized in producing maps and exhibits in various environmental, engineering and architectural disciplines which include land development, water resources, surveying/mapping, drafting, environmental services and utilities. Mr. Boone is a FAA -Certified drone pilot, and conducts drone operations and aerial photography for projects. Payton Blalock Project Foreman -16 years experience Mr. Blalock has been with Earth Tech Environmental, LLC since 2011 and holds the position of Project Foreman. As a Project Foreman, he specializes in a wide variety of disciplines, including managing multiple crews at once, managing large crews of up to 10-40 members, trained dozens of field technicians to work effectively and efficiently. Mr. Blalock also has over 16 years of expierence in operating large equipment including skid steers and excavators, large equipment transportation, brush mowing, and fence installation and repairs. Spencer Blalock Project Foreman -13 years experience Mr. Blalock has been with Earth Tech Environmental, LLC since 2011 and holds the position of Project Foreman. As a Project Foreman, he specializes in a wide variety of disciplines, including exotic species removal, supplemental plantings, vegetation monitoring, preserve maintenance, managing large crews of up to 10-40 members, trained dozens of field technicians to work effectively and efficiently and furthering their knowledge of invasive and exotic species and the best treatment methods for them, and years of experience in brush mowing and fence installation and repairs. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 "Ok-N OR SPECIALIZED EXrrn i iar Ur i rmn EARTH TECH ENVIRONMENTAL Dean Fella Project Foreman - 13 years experience / ® F Mr. Fella has been with Earth Tech Environmental, LLC since October 2011 and holds the position of Project Foreman. As a Project Foreman, he specializes in a wide variety of disciplines, including exotic species removal, supplemental plantings, vegetation monitoring, preserve maintenance, managing large crews of up to 10-30 members, trained dozens of field technicians to work effectively and efficiently and furthering their knowledge of invasive and exotic species and e the best treatment methods for them, and years of experience in brush mowing and fence installation and repairs. Dean also has experience working with GIS, where he creates day-to- day tracking exhibits. Jason Miller Project Foreman - 25 years experience Mr. Miller joined Earth Tech Environmental, LLC in early 2014 and holds the position of Project _ Foreman. Since joining ETE, Jason has gained experience in a broad range of ecological restoration and consulting work. This experience includes exotic species removal, littoral shelf planting, native vegetation restoration planting, vegetation and habitat mapping, protected species surveys, vegetation monitoring surveys, monitoring well installation/maintenance, and water monitoring i events. Jason has more than 20 years of private and public sector experience in handling and caring for native and exotic wildlife and vegetation. Gayk Mekenyan Project Foreman - 9 years experience Mr. Mekenyan joined Earth Tech Environmental, LLC in early 2014 and and holds the position of Project Foreman. He specializes in species surveys, exotic species removal, supplemental plantings, 0 vegetation monitoring, and preserve maintenance. Over the years Mr. Mekenyan has expanded his capabilities to include Trimble GPS usage, turbidity monitoring, Gopher Tortoise relocation, mangrove trimming and crew management. Conor Goulding Environmental Consultant/GIS Specialist - 4 years experience IMr. Goulding joined Earth Tech Environmental LLC in 2019 and holds the position of Environmental Consultant & GIS Specialist. His duties and responsibilities include GIS mapping, FLUCCS mapping, wetland determinations / delineations, protected species surveys, gopher tortoise surveys and permitting, native tree surveys, vegetation monitoring, and pre -clearing surveys. Mr. Goulding is a FAA -Certified drone pilot, and conducts drone operations and aerial photography for projects. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 C R I T E I 'ECIA LIZED LICENCES & CERTIFICATIONS yr i cHi, OR EARTH TECH ENVIRONMENTAL License Type Issued to Firm or Employee License Number FDACS Applicator License Donn Brown CM15838 Spencer Blalock CM22652 Payton Blalock CM25056 Dean Fella CM22736 Jason Miller CM23692 Gayk Mekenyan CM25154 Part 107 Commercial Drone Pilot License Jeremy Boone 4386577 Conor Goulding 4386571 FWC Authorized Gopher Tortoise Agent Jason Miller 19-00100 Gayk Mekenyan 19-00099 Conor Goulding 22-00058 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 Es UNK ETH "PECIALIZED EXNtniot OF It/I lv EARRON ENALi gth ra 0 4 10600 Jolea Avenue June 26, 2023 Bonita Springs, FL 34135 j Phone: (239) 304-0030 Fax: (239) 324.0054 www.eteflorida.com Enl�ronmental, LLC FDACS License N CM15838 FDACS COMMERCIAL APPLICATOR LICENSES PROJECT MANAGER Applicator's Name City, State BROWN, DONN JOSEPH I NAPLES,FL License No. License Status License Type: CM15838 Normal Commercial RUP Applicator License License Categories Right -Of -Way Pest Control, Aquatic Pest Control, Forest Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 2/25/2003 1/26/2015 2/28/2026 FIELD TECHNICIAN LEADER Applicator's Name City, State FELLA, DEAN TIMOTHY I PUNTA GORDA,FL License No. License Status License Type: CM22736 Normal Commercial RUP Applicator License License Categories Aquatic Pest Control, Right -Of -Way Pest Control, Forest Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 2/10/2014 6/29/2018 2/28/2026 FIELD TECHNICIAN LEADER Applicator's Name City, State MEKENYAN, GAYK FORT MYERS,FL License No. License Status License Type: CM25154 Normal Commercial RUP Applicator License License Categories Aquatic Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 10/26/2017 10126/2 117 10/31 /2025 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 UNK CRITERIA N0. 3 - SPECIALIZED EXPERTISE OF TEAM EARTH TECH ENVIRONMENTAL FIELD TECHNICIAN LEADER FIELD TECHNICIAN LEADER Applicator's Name City, State MILLER, JASON ERIC BONITA SPRINGS,FL License No. License Status License Type: CM23692 Normal Commercial RUP Applicator License License Categories Aquatic Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 6/29/2015 6/29/20 55 6/30/2023 FIELD TECHNICIAN LEADER Applicator's Name City, State BLALOCK, SPENCER JAMES FORT MYERSFL License No. License Status License Type: FFNorCM22652 mal Commercial RUP Applicator License License Categories Aquatic Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 12/6/2013 6/29/2018 12/31/2025 FIELD TECHNICIAN LEADER Applicator's Name City, State BLALOCK, PAYTON JEROME PUNTA GORDA,FL License No. License Status License Type: CM25056 Normal I Commercial RUP Applicator License License Categories Aquatic Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 8/11 /2017 8/11 /2017 I 1 /31 /2026 * * information provided by http: //aessearch freshfromflorida. com/ Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Proof of Status from Division of Corporations Form 3: Immigration Affidavit Certification E-Verify Form 4: Reference Questionaires Form 5: Grant Provisions and Assurances Vendor W-9 Form O Insurance Requirements O Requested Licenses and Certifications Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 REQUIRED FORM SUBMITTALS Col Mew Count y Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. General Bid Instructions has been acknowledged and accepted. Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. ® Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification ® Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.mvflorida.com/sunbiz/ should be attached with Your submittal. Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid f S Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal Form 4: Reference Ouestionnaire form must be utilized for each requested reference and included with your submittal if applicable to the solicitation. Form 5: Grant Provisions and Assurances package in its entirety, if applicable are executed and should be included with your submittal. Vendor W-9 Form. ® Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. ® The Bid Schedule has been completed and attached with your submittal, applicable to bids. 5d Copies of all requested licenses and/or certifications to complete the requirements of the project. 91 All addenda have been signed and attached. FO County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. M Any and all supplemental requirements and terns has been acknowledged and accepted, if applicable. Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS 2 No Co Ter County Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terns, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _26th_ day of _June_, 2023 in the County of _Leein the State of —Florida—. Firm's Legal Name: Earth Tech Environmental, LLC Address: 10600 Jolea Avenue City, State, Zip Code: Bonita Springs, FL 34135 Florida Certificate of N/A Authority Document Number Federal Tax 20-4894674 Identification Number *CCR # or CAGE Code N/A *Only if Grant Funded Telephone: Office:239-304-0030 Mobile:239-438-1389 Email: Donnb@eteflorida.com Signature by: Donn Brown (Typed and written) Title: President Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS Additional Contact Information Send payments to: Earth Tech Environmental, LLC (required if different from Company name used as payee above) Contact name: Wencys Boone Title: Operations Manager Address: 106000 Jolea Avenue City, State, ZIP Bonita Springs, FL 34135 Telephone: 239-304-0030 Email: Wencysb@eteflorida.com Office servicing Collier Same As Above. County to place orders (required if different from above) Contact name: N/A Title: N/A Address: N/A City, State, ZIP N/A Telephone: N/A Email: N/A Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS Co ter County Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules - The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity - The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information - The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. State of Florida County of Lee The foregoing instrument was acknowledged before me by means of fii1 F of l\ (month), �-L(year), by f)ZQ 11,20L- JEREMYBOONE MY COMMISSION # GG 342745 EXPIRES: October 5, 2023 eadee thiu Notary POk Undmvrftei (Print, Personally Known OR Produced Identification Earth Tech Environmental, LLC Company Name Signature Donn Brown / President Print Name and Title presence or ❑ online notarization, this — —day (n person ac1q ow edging). Si ature of Notary Public) �v 6 r Stamp Commissioned Name of Notary Public) Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 REQUIRED FORM SUBMITTALS 6/14/23, 8:45 AM Detail by Entity Name DIVISION OF CORPORATIONS letJsvi tra r �j Org Uri ofJlrad 3rare of !lorsdri websire Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company EARTH TECH ENVIRONMENTAL LLC. Filing Information Document Number L06000048927 FEI/EIN Number 20-4894676 Date Filed 05/11/2006 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 12/22/2017 Event Effective Date NONE Principal Address 10600 JOLEAAVENUE BONITA SPRINGS, FL34135 Changed: 12/21/2017 Mailing Address 10600 JOLEAAVE NUE BONITA SPRINGS, FL34135 Changed: 12/21/2017 Registered Agent Name & Address BROWN, DONNJ 309 TURNBURY WAY NAPLES, FL 34110 Address Changed: 05/09/2016 Authorized Person(s) Detail Name & Address Title MGR Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS 6/14/23, 8:45 AM Title MGR STERK,JEREMY 614111THAVE. NORTH NAPLES, FL 34110 Annual Reports Report Year Filed Date 2021 01/11/2021 2022 01/18/2022 2023 01/13/2023 Document Images 01/13/2023 --ANNUAL REPORT View image in PDF format 01/18/2022 --ANNUAL REPORT View image in PDF format 01/11/2021 --ANNUAL REPORT View image in PDF format 01/21/2020 --ANNUAL REPORT View image in PDF format 01/29/2019 --ANNUAL REPORT View image in PDF format 04/10/2018 --ANNUAL REPORT View image in PDF format 12/22/2017 -- LC Amendment View image in PDF format 06/26/2017 -- LC Amendment View image in PDF format 01/12/2017 --ANNUAL REPORT View image in PDF format 05/09/2016 -- LC Amendment View image in PDF format 03/09/2016 --ANNUAL REPORT View image in PDF format 09/29/2015 -- LC Amendment View image in PDF format 02/26/2015 --ANNUAL REPORT View image in PDF format 07/21/2014 -- LC Amendment View image in PDF format 05/15/2014 --ANNUAL REPORT View image in PDF format 04/15/2013 --ANNUAL REPORT View image in PDF format 11/13/2012 -- LC Amendment View image in PDF format 05/31/2012 --ANNUAL REPORT View image in PDF format 09/26/2011 -- REINSTATEMENT View image in PDF format 02/11/2011 -- LC Amendment View image in PDF format 02/16/2010 --ANNUAL REPORT View image in PDF format 02/11/2009 --ANNUAL REPORT View image in PDF format 04/30/2008 --ANNUAL REPORT View image in PDF format 05/02/2007 --ANNUAL REPORT View image in PDF format 05/11/2006 -- Florida Limited Liability View image in PDF format Detail by Entity Name Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS Tutorial Home Bat Tutorial Log Out Knowledge Check 5 of 5 Knowledge Check Results Congratulations! Donn Brown (DBRO1367), your score is 100% Donn Brown, you successfully completed INS tutorial and passed the E-Verify KnoWedge Check on September 26, 2013. Use your browser's print capability to obtain a copy of this page for your records. To use E-Verify, select'Exit Tutorial E-Verify REMINDER: You mustvisit'View Essential Resources' to read the E-Verify User Manual, and you must print and cleary, displaythe'Notice of E-Verify Participation' and'Rightto Work' posters in all languages supplied by DHS. U.S.Dapartrrentof Flarelend Secuky-www.dhs.gw U.S. Citizenship and hmvrefion Services-www.mcls.gov AccesstibRy Download Vlewers Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS Collier County Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (htti)s•//www.e-verify.govf) at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposa/ibid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. State of Florida County of Lee The foregoing instrument was acknowledged before me by means of _ l X?/ (month), (year), by f)�b)k) ^E JEREMYSOONE P _. MY COMMISSION # GG 342745 =PP EXPIRES: Ocbber5,2023 ` OJP:°•' BodedTtvuNotary PublicLIMmolters Personally Known OR Produced Identification Type of Identification Produced Earth Tech Environmental, LLC Company Name �-i Signature Donn Brown / President Print Name and Title physical presence or ❑ online notarization, this —b— day of Notary Public) (Print, Type, or S)&mp Commissioned Name of Notary Public) Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS E-Verify Company ID Number: 492802 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY G PL SELL O O O�NI5i4P'� The parties to this agreement are the Department of Homeland Security (DHS) and Earth Tech Environmental LLC (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-2082 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OFTHE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 REQUIRED FORM SUBMITTALS E-Verify. Company ID Number: 492802 Approved by: o` � sE�LAT f ,< o$ O�N(FTRPS Employer Earth Tech Environmental LLC Name (Please Type or Print) Title PRESIDENT Donn J Brown T�=� ignature Date Electronically Signed 01/20/2012 Department of Homeland Security - Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 01/20/2012 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 REQUIRED FORM SUBMITTALS E-Verify. Company ID Number: 492802 Information Required for the E-Verify Program Information relating to your Company: Company Name Earth Tech Environmental LLC Company Facility Address 10600 Jolea Avenue Bonita Springs, FL 34135 Company Alternate Address County or Parish LEE Employer Identification Number 204894676 North American Industry Classification Systems Code 541 Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Solicitation 23-813S Exotic and Nuisance Vegetation Removal , July 12, 2023 REQUIRED FORM SUBMITTALS Cower County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 EXOTIC AND NUISANCE VEGETATION REMOVAL Reference Questionnaire for: EARTH TECH ENVIRONMENTAL, LLC (Name of Company Requesting Reference Information) Donn Bown, President (Name of Individuals Requesting Reference Information) Name: Alicia Dixon (Evaluator completing reference questionnaire) Email:addixon@flylcpa.com FAX: N/A Company: Lee County Port Authority (Evaluator's Company completing reference) 590-4618 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: RSW Mitigation Park Annual Exotic Completion Date: 2009 - Present Removal & Ecosystem Restoration Project Budget: $759,001.60 (2023) Project Number of Days: 180 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 REQUIRED FORM SUBMITTALS Coder County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 EXOTIC AND NUISANCE VEGETATION REMOVAL Reference Questionnaire for: EARTH TECH ENVIRONMENTAL. LLC (Name of Company Requesting Reference Information) Donn Bown, President (Name of Individuals Requesting Reference Information) Name: Christina Kontas (Evaluator completing reference questionnaire) Email: Company: Kitson & Partners (Evaluator's Company completing reference) Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Annual Exotic Removal & Ecosystem Completion Date: 2013 - Present Restoration Project Budget: $2,900,000.00 (2022) Project Number of Days: 365 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 ■ REQUIRED FORM SUBMITTALS Co ier C;014 tty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: 23-8135 EXOTIC AND NUISANCE VEGETATION REMOVAL Reference Questionnaire for: EARTH TECH ENVIRONMENTAL, LLC (Name of Company Requesting Reference Information) Donn Bown, President (Name of Individuals Dating Reference Information) Name: Lisa Jacob Company: Pelican Bay Service Division (fivaluator completni ference questionnaire) (Evaluator's Company completing reference) Email: 59 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge ofpast performance in a particular area, leave it blank and the item or form will be scored "0. " Project Description: Annual Exotic Veaatation Completion Date: 2017 - Present Maintenance Project Budget: $84,704.82 (2022) Project Number of Days: 365 Item Criteria Score must be completed 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). i) 3 Quality of work. 0 4 Quality of consultative advice provided on the project, / D 5 Professionalism and ability to manage personnel. / 6 Project administration (completed documents, final invoice, final product turnover; O invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. /O 8 Abiltity to manage risks and unexpected project circumstances. O 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. (D 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS Cower County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 EXOTIC AND NUISANCE VEGETATION REMOVAL Reference Questionnaire for: EARTH TECH ENVIRONMENTAL, LLC (Name of Company Requesting Reference Information) Donn Bown, President (Name of Individuals Requesting Reference Information) Name: Robin Bain KO%In tcomplet Nff,,i�g �stionnaire) E. Bain, P.E. Bain, P.E. 09272920.4006 Email: robin.bain@colliercountyfl.gov FAX: N/A Company: Collier County Solid & Hazardous Wastee Management Division (Evaluator's Company completing reference) 252-5105 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the frrm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: CCRRBP Phase 1 — 3 Annual Exotic Completion Date: 2014 - Present Ve¢atation Maintenance Project Budget: $74,110.00 (2022 — 2023) Project Number of Days: 365 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS C o'L7er Count Procurement Services Division Form 4 Reference Questionnaire USE ONE FORM FOR EA CHRE )UIRED REFERENCE Solicitation: 23-8135 EXOTIC AND NUISANCE VEGETATION REMOVAL Reference Questionnaire for: EARTH TECH ENVIRONMENTAL, LLC (Name of Company Requesting Reference Information) Donn Bown, President (Name of Individuals Requesting Reference Information) Name: Nathan Gingrich Company: Quail West Golf & Country Club (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Telephone_ 23{ 91593-4121 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firnVindividual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0.- Project Description: Preserve Maintenance. Restoration Completion Date: 2017 - Present Plantin s & Littoral Plantings Project Budget: $ 99,500,00 (2018) Project Number of Days: 365 Ilem Criteria Score must be coin leted 1 Ability to manage the project costs (minimize change orders to scope). It) 2 Ability to maintain project schedule (complete on -time or early). /0 3 Quality of work. 4 Quality�of�consultative vice provided on the project. /b 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. r-8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). /Q ------ TOTAL SCORE OF ALL ITEMS 100 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS Colver County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: 23-8135 EXOTIC AND NUISANCE VEGETATION REMOVAL Reference Questionnaire for: EARTH TECH ENVIRONMENTAL, LLC (Name of Company Requesting Reference Information) Donn Bown, President (Name of Individuals Requesting Reference Information) Name: Marc Sharpenter Company: Florida Gulf Coast University Physical Plant - (Evaluator completing reference questionnaire) Grounds (Evaluator's Company completing reference) Email: msharpen@fgcu.edu FAX: N/A Telephone: (239) 738-2754 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: FGCU Main Campus Preserve Completion Date: 2016 - Present Maintenance Project Budget: $74,850.00 (2022 — 2023) Project Number of Days: 180 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 "To Whom it may concern, Earth Tech has been one of the most reliable and effective companies we have used over the last 20 years at FGCU. It can be difficult to find quality work these days, but Earth Tech has helped us out immensely with exotic species mapping, fire reduction mowing, and natural preserve mitigation. Having a contractor that does quick and efficient work really makes my job easier." Marc Sharpenter, Grounds Supervisor— Florida Gulf Coast University Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS Cower County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 EXOTIC AND NUISANCE VEGETATION REMOVAL Reference Questionnaire for: EARTH TECH ENVIRONMENTAL, LLC (Name of Company Requesting Reference Information) Donn Bown, President (Name of Individuals Requesting Reference Information) Name: Jim Hepler (Evaluator completing reference questionnaire) Email: Company: Toll Brothers (Evaluator's Company completing reference) FAX: (239) 949-2292 949-2308 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Juniper Pointe Exotic Removal & Completion Date: 2023 Supplemental Plantings Project Budget: $138,500.00 (2023) Project Number of Days: 365 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 REQUIRED FORM SUBMITTALS co ,eY County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 EXOTIC AND NUISANCE VEGETATION REMOVAL Reference Questionnaire for: EARTH TECH ENVIRONMENTAL, LLC (Name of Company Requesting Reference Information) Donn Bown, President (Name of Individuals Requesting Reference Information) Name: Andrew Bennett Company: Marco Island Execuuive Airport (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: andrew.bennett(�colliercountvfl.gov FAX: (239) 252-6318 Telephone: (239) 252-8425 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: MIEA Vegetation Management Completion Date: 2018 - Present Project Budget: $168,180.00 (2022 — 2023 ) Project Number of Days: 365 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). / O 2 Ability to maintain project schedule (complete on -time or early). !7 3 Quality of work. 4 Quality of consultative advice provided on the project. /D 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) / 7 Ability to verbally communicate and document information clearly and succinctly. /U 8 Abiltity to manage risks and unexpected project circumstances. / 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. to 10 Overall comfort level with hiring the company in the future (customer satisfaction). 1 D TOTAL SCORE OF ALL ITEMS 160 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS Colver County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 EXOTIC AND NUISANCE VEGETATION REMOVAL Reference Questionnaire for: EARTH TECH ENVIRONMENTAL, LLC (Name of Company Requesting Reference Information) Donn Bown, President (Name of Individuals Requesting Reference Information) 11gUly signed by PearsonMelissa Name: Melissa Pearson PearsonMelissa Date: 3023AG23110010-04W Company: Collier County Transportation Managemant Service (Evaluator completing reference questionnaire) Department (Evaluator's Company completing reference) Email: melissa.pearson(a,colliercountyfl.sov FAX: N/A Telephone: (239) 252-5591 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Rattlesnake Hammock Rd Preserve Completion Date: 2023 Project Budget: $ 38,500.00 (2023) Project Number of Days: 15 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 100 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 REQUIRED FORM SUBMITTALS Cower County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 EXOTIC AND NUISANCE VEGETATION REMOVAL Reference Questionnaire for: EARTH TECH ENVIRONMENTAL, LLC (Name of Company Requesting Reference Information) Donn Bown, President (Name of Individuals Requesting Reference Information) Name: Mitchell Barazowski Company: Conservation Collier (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: N/A Telephone: (239) 631-0162 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the frrm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Shell Island Preserve Maintenance Completion Date: 2020 - Present Project Budget: $24,304.80 (2022) Project Number of Days: 3 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 REQUIRED FORM SUBMITTALS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procu rement-gu idel ine-cpg-prog ram. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 REQUIRED FORM SUBMITTALS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Earth Tech Environmental, LLC Date 6/30/2023 Authorized Signature EXHIBIT I - 8 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Earth Tech Environmental, LLC By: Signature Donn Brown, President Name and Title Street Address Bonita Springs, FL, 34135 City, State, Zip FEIN No. 20-4894676 UEI Unique Entity Identifier (for SAM.gov verification) BETE is In process of obtaining UEI) 6/30/23 ate Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract TBD Number: FEMA TBD Project Number: EXHIBIT I - 9 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN 0R VETERAN PARTICIPATION STATEMENT will be verified. unrerifade statuses will require the PRIME to either prcivde a revised statement or provide source documentation that validates a A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FE'D NUMBER I CONTRACT DOLLAR AMOU',- EARTH TECH ENVIRONMENTAL LLC 20-4894676 JTBD ISTHEPRIME A LORIRA-CER7IFIEDDI5ADVANTAGED. VETERAN Y ;THEACTWITYOFTHISODNTRACT._ MINORITY OR WOMEN BUS] N ESS ENTE RPRISE? DBE? 'i O CONSTRUCTION? O (D&EJMKMBE) OR HAVE A SMALL DISADVANTAGED MBE=' 'i CDNiULTATION? O BUSINESS&ACERTIFIC4TIDNMMTHE SMALL BUSINESS 8 ADMINISTRATION? A SERVICEDISA&LEDVETERNE A WBE? Y OTHER? O SDB E.A? V N IS THrSSUBmissrON A REVISION? V F T`_S, REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DOE WWOE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETH N IC ITY CID D-E SUBISUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY I ;see Be owl I DOLLAR AMOUNT DC: LLA=S I N/A/ N/A N/A N/A N/A N/A -OTAL5 C. SECTION TO BE COMPLETED BY PRIME VENDORICONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER Donn Brown 1/4/2024 PRESIDENT EMAIL ADDRESS # PRIME {SUBMITTERI ---E-HONE NUMBER -�V NUMBER d.brown@eteflorida.com (239) 304-0030 N/A N-- E: -his information is medto track and report anticipated DBE or MBE participation infedwally-funded contracts- The anticipated DBE or MBE amount is voluntary and will not become part of the Contractual terns. This form must be submitted atti me of response to a sill icitation. f and when awarded a county contract, the prime will be asked to updatethe information for the grant compliance files. ETHNICITT CORE BladcAmerican BA HispaniCArnerican ILA NatireAmerican FLA Suhcont.Asian American SAA AsiaFHPariFx Arneriran APA Non -Minority Women NMW Other: notof arty other gToup listed O D. SECTION TO BE COMPLETED BY COLLIER COUNTY I DEPARTMENTNAME I GC}LLIERCCSNTMCT*IiIFB!PFPor PO!PEO', I GRANTPROGRAMIOONTR:C- IIAOCEPTED BY. I DATE I EXHIBIT I -10 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 REQUIRED FORM SUBMITTALS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Earth Tech Environmental, LLC Contractor (Firm Signature of Contractor's Authorized Official Donn Brown, President Name and Title of Contractor's Authorized Official 6/30/23 Date EXHIBIT I - 11 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev. October 2018) send to the IRS. Department of the Treasury Imemal Revenue Service 10, Go to www.irs.gov/F`orinWg for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Earth Tech Environmental LLC 2 Business name/disregarded entity name, if different from above `O 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to mfollowing seven boxes. certain entities, not individuals; see a instructions on page 3): p ❑ Individual/sale proprietor or ❑ C Corporation ElS Corporation ❑ Partnership ❑ Trust/estate N m C single -member LLC Exempt payee code (if any) 0 ❑✓ Limited liability company. Enter the tax classification (G=G corporation, S=S corporation, P=Partnership) ► S p Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC 7 the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (0 any) .0 another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that _ is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions)► wnarwswe��unn merna;••eowr�m•u.sf y 5 Address (number, street, and apt or suite no.) See instructions. Requester's name and address (optional) m 10600 Jolea Avenue in e City. state, and ZIP code Bonita Springs FL 34135 7 List account number($) here (optional) Taxpayer Identification Number IN Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other _ m - entitiaa it is vnur amnlnver identification number (EIN). If you do not have a number. see Now to Aet a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 11-1 F7---F--F—.r Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of r 2 n/_ 2.L] 3 Here U.S. person ► Date ► 10—"I , General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to wwvvJrs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Cat. No. 10231X • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Form W-9 (Rev. 10-2018) Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apl2s.fldfs.com/bocexempt/ 2. ❑ Employer's Liability $ 11000,000 single limit per occurrence 3. ❑ Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ 1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑ Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ❑ Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. ........................................................................................................................................................................................................................... Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 REQUIRED FORM SUBMITTALS 8. ❑ Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS AC40RO® CERTIFICATE OF LIABILITY INSURANCE DATE 5/261202 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Smith Insurance 8r Bonds 6260 Summerlin Commons Way Suite 302 CONTACT NAME: Jessica Martin _ PHONE aGNot: 239-791-1074 tE-MANo Exn: 239-243 9729 IL ADDRESS: jmartirlIm8suretybonds.com _ Fort Myers FL 33907 INSURERS) AFFORDING COVERAGE NAIC# INSURER A: Ohio Secu " Insurance Compan 24082 INSURER B: Ohio Casualty Insurance Compan _ 24074 _ INSURED EARTFEC-02 Earth Tech Environmental LLC. 10600 Jolea Avenue Bonita Springs FL 34135 INSURERC: Starstone National Insurance C 25496 — INSURERD: Evanston Insurance Compaq 35378 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER.364935202 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH_ POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRi TYPE OF INSURANCE ADDL SUBRIi POLICY NUMBER POLICY EFF POLICY EXP LIMITS So A X COMMERCIAL GENERAL LIABILITY Y Y I BKS (23) 63 35 13 72 612/2023 6/2/Y024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE FX] OCCUR D O RENTED PREMISES I occurrence) $ 300,000. MED ExP (Anyone person) $ 15,000 _ PERSONAL B AOV INJURY $1.000,000 ENERAL AGTE GEN'L AGGREGATE LIMIT APPLIES PER $2,000,000 rPR.qlJCT.M.`P'1.PA.G. POLICY Q JECTT LOC $2,000,000 OTHER: COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY .LEa amid" ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ _ AUTOS ONLY _ AUTOS HIRED NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY — AUTOS ONLY + IPer acsadanit. $ B X UMBRELLA LIAB X I OCCUR USO (23) 63 35 13 72 6/2/2023 6/2/2024 EACH OCCURRENCE $ 2.000.000 AGGREGATE _ EXCESS LIAB CLAIMS -MADE $ DIED RETENTION $ t $ C WORKERS COMPENSATION Y T10220928 6/212023 6/2/2024 1 PER ERH ' AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? (Mandatory In NM) NIA E.L. DISEASE-EAEMPLOYE $ If yes, describe under DESCRIPTION OFOPERATIONS below E.L. DI5EASE-POLICY LIMIT $ D Ed0 MKLV2ENV102541 11/30/2022 11130/2023 1 OcUAgg 100000012000000 A Wand Marine BKS (23) 63 35 13 72 6/2/2023 6/2/2024 Equipment Per Schedule i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 10, Additional Remarks Schedule, may be attached If more space is required) The Certificate Holder is listed as an additional insured on the General Liability per form CG 85 83 04 13, including ongoing, products and completed operations per farm CG85 83 04 13.Primary and non-contributory and Waiver of Subrogation on the general liability applies per form 8810 0413. Additional Insured applies to the automobile liability per AC CA FO 79 08 17 including a waiver of subrogation. A waiver of subrogation applies to Workers Comp Per Form WC 00 03 13. Collier County Board of County Commissioners 3327 Tamiami Trial E Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 19BB-ZUT, AL UKU GVKI'UKA I IUre. All rlgnrs reserveu. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS ACO ® DATE(MMIDDIYYYV) CERTIFICATE OF LIABILITY INSURANCE 05/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACT ASHLEE HASS NAME: StateFarm JOEL HINMAN STATE FARM AGENCY PHONE 23M13-5011 FAX tA1C.N. Eat)_, _ L, Nol - — 14651 PALM BEACH BLVD STE 103 E-MAIL • • SS ASHLEE@JOELHINMAN.COM - - - - — FORT MYERS, FL 33905 INSURER(S) AFFORDING COVERAGE _ NAIC sr _ INSURER A : State Farm Mutual Automobile Insurance Company T 25178 INSURED INSURER B :- EARTH TECH ENVIRONMENTAL LLC INSURER C : _ _ 10600 JOLEA AVE INSURER D: _ BONITA SPRINGS, FL 34135-6797 INSURERE: rnVI=wAaFA CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMLU ABL)Vt rUK I Mt rULICT r=MIUU INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '- '-ADOiSDB - — . �S 1 TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY Err FOLIC`"?t" MMIDDr YYY MMIDDIYYYY UMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE DAMAGETO RENTED S CLAIMS -MADE F-IOCCUR PREMISES ao —mcef MED EXP (Any one person) $ PERSONAL & ADV INJURY $_ _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY ❑ JECT LOC PRODUCTS-COMP/OP AGG S OTHER: cOMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 597321 A51 06/0212023 12/0212023 IEa accident) - _ $ ANY AUTO 597321A52 06Y0212023 12/02/2023 . BODILY INJURY (Par person) s 1,000,000 A OWNED X SCHEDULED BODILY INJURY(Peracddent) $ 1,000,000 HIRED TOS ONLY AUTO ONOWSS NED 597321A53 X 06/02/2023 12/02/2023 Per $ 1,000,000 x AUTOS ONLY AUTOS ONLY 597321A54 accidenj 06/02/2023 1210212023. pip $ 10,000 UMBRELLA LIAB OCCUR (EACH OCCURRENCE $ ` `AGGREGATE $ EXCESS LIAB CLAIMS -MADE _ _ DED } RETENTION $ $ WORKERS COMPENSATION gTgTUTEERH $ AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.L. EACH ACCIDENT $ OFFICERRJEMBER EXCLUDED? NIA E.L. DISEASE_ EA EMPLOYEE$ (Mandatory In NH) If yes, describe under D SC IPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ I DESCRIPTION OF OPERATIONS) LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more apace Is required) SEE ADDITIONAL REMARKS SCHEDULE FOR FULL LIST OF VEHICLES. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI COLLIER COUNTY BOARD OF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 11 COUNTY COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 3327 TAMIAMI TRAIL E NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE Ash(ee Ness ©1988-2015 ACORD CORPORATION. All rights reserve ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001466 132849.14 04-73-2 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS AGENCY CUSTOMER ID: LOC #: A�oRo ADDITIONAL REMARKS SCHEDULE Page 2 Of 2 AGENCY NAMED INSURED JOEL HINMAN STATE FARM AGENCY EARTH TECH ENVIRONMENTAL LLC POLICY NUMBER 10600 JOLEA AVE 597321A51 BONITA SPRINGS, FL 34135-6797 CARRIER NAIL CODE State Farm Mutual Automobile Insurance Company 25178 EFFECTIVE DATE:05/3012023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE _ POLICY TERM: 612123 - 1212123 597321A51 - 2013 FORD F150 - VIN: 1FTFW1ET2DFB57968 597321A52 - 2016 FORD F150 - VIN: 1FTEXl EPXGFA82842 597321A53 - 2016 FPRD F150 - VIN: 1 FTEWl EFXGKF30160 597321A54 - 2016 FORD F150 - VIN: 1FTEW1 EF4GKF61677 597321A55 - 2018 TESLA MODEL S - VIN: 5YJSA1E25JF252366 597321A56 - 2019 NISSAN ARMADA - VIN: JN8AY2NF2K9352781 597321A57 - 2018 FORD F150 - VIN: 1 FTEW1 E50JFC91113 597321A58 -2012 JEEP PATRIOT- VIN: 1C4NJRBB9CD625824 597321 A59 - 2017 FORD F250 - VIN: 1 FT7W2B61 HED64792 597321A60 - 2015 KIA RIO - VIN: KNADM4A34F6480505 597321 A61 - 2019 FORD F250 - VIN: 1 FT7W2B68KED80138 597321A62 - 2018 FORD F150 - VIN: 1FTEW1 E59JFE59864 597321A63 - 2021 JEEP GLADIATOR - VIN: 1 C6JJTAGI M L595760 597321A64 - 2021 JEEP GLADIATOR - VIN: 1C6JJTAG3ML595761 597321A65 - 2021 TESLA MODEL Y - VIN: 5YJYGDEE7MF066868 597321A66 - 2022 KIA SOUL - VIN: KNDJ23AUXN7173606 597321A67 - 2021 FORD F150 - VIN: 1 FTFWIE83MKE86844 597321A68 - 2020 FORD F250 - VIN: 1 FT7W2BN3LED15450 597321A69 - 2023 JEEP GLADIATOR - VIN: 1 C6JJTAG6PL530424 M732105001719 - 2018 FORD F450 -VIN: 1 FDUF4HT3JECO5222 M732105002619 - ENOL ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1004362 142991.2 07-26-2021 Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS SMITH INSURANCE & BONDS /Qk AC RI S U RE® A NIELSON HOOVER GROUP COMPANY A. -I 1-1- 06/21/2023 RE: Earth Tech Environmental, LLC Solicitation 23-8135 Exotic & Nuisance Vegetation Removal This is to advise you that our office provides suretyship for Earth Tech Environmental, LLC with Atlantic Casualty Insurance Company. The surety appears on the Department of Treasury's Listing of Approved Sureties "T Listing" (Dept Circular 570) and carriers an AM Best rating of "A+„ At the time of this letter, Earth Tech Environmental, LLC has an available bonding capacity on individual projects of $2,000,000 with an aggregate capacity of $4,000,000. Our experience with Earth Tech Environmental, LLC exhibits an exceptionally managed firm with extremely high character. The contractor has completed projects on time and in a professional manner. Subject to normal underwriting criteria, acceptable bond and contract forms, we fully expect to continue to support bond requests for this contractor. This letter is not a bid, payment, or performance bond. It is issued only as a bonding reference letter. If there are any questions, please feel free to contact our office. Respectfully, SMITH INSURANCE & BONDS Matthew T. Smith Attorney in Fact 5260 Summerlin Commons Way, Suite 302, Fort Myers, FL 33907 1 P: 239.243.9729 1 F: 239.791.1074 1 flsuretybonds.com Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS ]11taCt INSURANCE I Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Matthew T. Smith, Heather Parma, Jessica Martin, Cathy Phan, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. ca :GpPPOFigTFM. =yr SEAL .m' By STATE OF MINNESOTA-ys-��'FW YOAaa� HENNEPINCOUNTY "'�b•s4 t'a•' Sarah A. Kolar, Vice President and General Counsel On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. 4. ALISON DWAN NASH•TROUT j NOTARY PUBLIC•MINNESOTA My Commission Expires u January 31, 2025 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 21 St day of June 2023 .'� SEAL ` syr m? ` 1986 0 This Power of Attomey expires s*26.HFW YpP. si= January 31, Please direct bond verifications to surety@intactinsurance.com Kara L.B. Barrow, Secretary Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 1 a REQUIRED FORM SUBMITTALS Collier County Board of County Commissioners Certificate of Competency, Collier County * City of Marco * City of Naples * City of ENerglades Issued Date: 08/02/2022 Company: EARTH TECH ENVIRONMENTAL LLC. Address: 10600 JOLEA AVE. BONITA SPRINGS, FL 34135 Telephone: (239) 304-0030 Qualifier: DONN BROWN License #: C33235 Issuance #: 33235 Classification: LANDSCAPING RESTRICTED CONTR. Valid Thru: 09/30/2023 State License # State Valid Thru: 0 1. L i 10i � It is the Qualifier's responsibility to keep current all records with Collier County. This shall include insurance certificates and/or contact information. Always verify licenses online at https://cvportal.colliercountyfl.gov/CityViewWeb/ Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. This Collier County Certificate of Competency's status and expiration date may change on July 1, 2023, due to the State of Florida House Bill No.735. Please visit our website at www colliercountyfl,aov/governmenUgrowth-managemenUdivisions/operations-regulatoQt management/contractor-licensing for more information as it becomes available. Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS Local Business Tax Receipt Tax A for Noe11e 8ran a EARTH TECH ENVIRONMENTAL LLC EARTH TECH ENVIRONMENTAL LLC 10600 JOLEA AVE BONITA SPRINGS, FL 34135 Dear Business Owner: - Your-2022 - 2023-Lee County Local Business Tax Receipt is attached below for -account number /-receipt: number: 1009900 / 0610102 If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, (.nc � ,to ' Lee County Tax Collector - lk ----------- -------------------------------------------------------- 2022-2023 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1009900 Account Expires: September 30, 2023 Receipt Number: 0610102 State License Number: May engage in the business of: Location: NURSERIES / RETAIL 10600 JOLEA AVE BONITA SPRINGS, FL 34135 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY EARTH TECH ENVIRONMENTAL LLC EARTH TECH ENVIRONMENTAL LLC 10600 JOLEA AVE BONITA SPRINGS, FL 34135 Payment Information: PAID INT-OD-00318093 07/23/2022 $ 50.00 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS 2022 / 2023 CHARLOTTE COUNTY LOCAL BUSINESS TAX RECEIPT ACCOUNT 24370 MUST BE DISPLAYL .. IN A CONSPICUOUS PLACE EXPIRES SEPTEMBER 30, 2023 TYPE OF 5541620 Environmental Consulting Services (ECOSYSTEM RESTORATION) RENEWAL BUSINESS BUSINESS VARIOUS LOCATIONS ADDRESS CHARLOTTE, FL 00000 BUSINESS EARTH TECH ENVIRONMENTAL LLC AMOUNT 35.00 NAME PENALTY 0.00 OWNER DONN BROWN, JEREMY STERK TOTAL 35.00 MAILING 10600 JOLEA AVE ADDRESS BONITA SPRINGS, FL 34135 THIS FORM BECOMES A RECEIPT ONLY WHEN VALIDATED Paid 07/23/2022 Receipt # INT-00052791 35.00 2022 / 2023 CHARLOTTE COUNTY LOCAL BUSINESS TAX RECEIPT MUST BE DISPLAYED IN A CONSPICUOUS PLACE TYPE OF 541620 Environmental Consulting Services (ECOSYSTEM RESTORATION) BUSINESS BUSINESS VARIOUS LOCATIONS ADDRESS CHARLOTTE, FL 00000 BUSINESS EARTH TECH ENVIRONMENTAL LLC NAME OWNER DONN BROWN, JEREMY STERK MAILING 10600 JOLEA AVE ADDRESS BONITA SPRINGS, FL 34135 THIS FORM BECOMES A RECEIPT ONLY WHEN VALIDATED Paid 07/23/2022 Receipt # INT-00052791 35.00 Dear Business Owner —ACCOUNT -24370 EXPIRES SEPTEMBER 30, 2023 RENEWAL AMOUNT 35.00 PENALTY 0.00 TOTAL 35.00 Your 2022 - 2023 Charlotte County Local Business Tax Receipt is attached above. Please detach the receipt and display it in a place that is visible to the public and available for inspection. The Charlotte County Local Business Tax Receipt is in addition to any other license or certificate that may be required by law and does not signify compliance with zoning, health, or regulatory requirements. The Charlotte County Local Business Tax Receipt is non -regulatory and is not an endorsement of work quality. Your 2022 - 2023 Local Business Tax Receipt is valid from October 01, 2022 through September 30, 2023 . Annual account notices are mailed in June to the address of record at that time. Any Changes to your Local Business Tax Account due to change of Business Name, Ownership, Physical Address or you are Closing your Business please contact our office at 941-743-1350 . VICKIE L. POTTS Charlotte County Tax Collector Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS B115881 Florida Department of Agriculture and Consumer Services 7,11' l� CERTIFICATE OF -.NURSERY REGISTRATION Section 581.131, F.S. and Rule 5B-2.002, F.A.0 1911 S.W. 34th St. P.O. Box 147100, Gainesville, FL 32614-7100 (352) 395-4700 WILTON SIMPSON COMMISSIONER ISSUED TO: EARTH TECH ENVIRONMENTAL, LLC BROWN, DONN 5 STERK, JEREMY 10600 JOLEA AVE BONITA SPRINGS, FL 34135-6797 REGISTRATION NO.: 47237324 THIS CERTIFICATE EXPIRES: 02/23/2024 FEE PAID: $100.00 DATE ISSUED: 01/27/2023 THIS IS TO CERTIFY that the nursery stock on the premises of the nursery shown hereon has been inspected for plant pests and meets at least the minimum requirements of Section 581.131, Florida Statutes. THIS CERTIFICATE OF REGISTRATION MUST BE DISPLAYED or in the immediate possession of any person engaged in the sale or distribution of nursery stock. FDACS-08002 Revised 05/05 WILTON SIMPSON Commissioner of Agriculture Solicitation 23-813S Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS WMI e 2023 Florida Annual Resale Certificate for Sales Tax kol v This Certificate Expires on December 31, 2023 FLORIDA Business Name and Location Address Certificate Number 46-8017914542-9 EARTH TECH ENVIRONMENTAL LLC 10600 JOLEA AVE BONITA SPGS, FL. 34135-6797 DR-13 R. 10/22 By extending this certificate or the certificate number to a selling dealer to make eligible purchases of taxable property or services exempt from sales tax and discretionary sales surtax, the person or business named above certifies that the taxable property or services purchased or rented will be resold or re -rented for one or more of the following purposes: • Resale as tangible personal property • Re -rental as tangible personal property • Resale of services • Re -rental as commercial real property • Incorporation into tangible personal property being repaired • Re -rental as transient rental property • Incorporation as a material, ingredient, or component part of tangible personal property that is being produced for sale by manufacturing, compounding, or processing Your Florida Annual Resale Certificate for Sales Tax (Annual Resale Certificate) allows you or your representatives to buy or rent property or services tax exempt when the property or service is resold or re -rented. You may not use your Annual Resale Certificate to make tax-exempt purchases or rentals of property or services that will be used by your business or for personal purposes. Florida law provides for criminal and civil penalties for fraudulent use of an Annual Resale Certificate. As a seller, you must document each tax-exempt sale for resale using one of three methods. You can use a different method each time you make a tax-exempt sale for resale. 1. Obtain a copy (paper or electronic) of your customer's current Annual Resale Certificate. 2. For each sale; obtain a transaction authorization number using your customer's Annual Resale Certificate number. 3.Each calendar year, obtain annual vendor authorization numbers for your regular customers using their Annual Resale Certificate numbers. Online: Visit floridarevenue.com/taxes/certificates Phone: 877-357-3725 and enter your customer's Annual Resale Certificate number Mobile App: Available for iPhone, iPad, and Android devices Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS b`110®7V ^. Certificate of Training GV7697-1 Best Management Practices C;;ficare # Florida Green Industries GV7697 'trainee ID # The undersigned hereby acknowledges that Donn J. Brown fF UNIVERSITY Df U iF ; WASSLExtensil�� oonn has successfully met all requirements necessary to be fully trained through the Green Industries Best Management Practices Program developed by the Florida Department of Environmental Protection with the University of Florida Institute of Food and Agricultural Sciences. R Wilson 11/19/2009 - nQ.o Issuer Instructor Date of Class DAP Program Administrator Not valid without seal Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 REQUIRED FORM SUBMITTALS w ' n Department of Environmental Protection to FLORA '1 2600 Blair Stone Road, M.S. 3670 Tallahassee, Florida 32399-2400 e May 24, 2012 Congratulations on successfully completing the Florida Stormwater Erosion and Sedimentation Control Inspector Training Program. I greatly appreciate your participation in and successful completion of this course. I hope that it has helped you to better understand Florida's stormwater problems and the importance of proper design, construction, and maintenance of erosion and sediment controls during construction, in order to assure the proper long-term operation and maintenance of stormwater systems after construction is completed. Attached you will find your numbered certificate and wallet card. certificate or card, or in the grading of your exam. If I can be of further assistance, please do not hesitate to contact me at 850/245-8294 or via email: halton.lunsford@dep.state.fl.us Donn Brown Earth Tech Environmental, LLC 5475 Golden Gate Parkway Suite 5 W Naples, FL 34116 Please let me know if there are any errors in the DEPARTMENT OF ENVIRONMENTAL PROTECTION sTORMWATER EROSION AND SEDIMENTATION CONTROL INSPECTOR TRAINING PROGRAM Donn Brown Class Date inspector Number April 18, 2008 18985 QUALIFIED STORMWATER MANAGEMENT INSPECTOR QUALIFIED STOWN4WATER MANAGEMENT INSPECTOR The undersigned hereby acknowledges that Donn Brown has successfully met all requirements necessary to be fully qualified through the Florida Department of Environmental Protection Storm.water Erosion and Sedimentation Control Inspector Training Program April 18, 2008 KJ- Z .ti.A.e Inspector Number 18985 Hal Lunsfoi Kristine Jones Solicitation 23-8135 Exotic and Nuisance Vegetation Removal July 12, 2023 0 EARTH TECH ENVIRONMENTAL Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 • Phone: 239.304.0030 www.eteflorido.com Solicitation No.: 23-8135 Invitation for Qualification For Exotic and Nuisance Vegetation Removal Submitted to: Collier County Procurement Services Division Attn: Leeann Charles, Procurement Strategist 3295 Tamiami Trail East, Building C-2 Naples, FL 34112 Prepared By. - Mr. Jeffrey Adair Environmental Restoration Consultants, Inc. 24571 Redfish Street Bonita Springs, FL 34134 Phone: (239) 287-2706 Irw p P= July 10, 2023 Environmental Restoration Consultants, Inc. Environmental Restoration Consultants, Inc. Criteria No. 1 July 10, 2023 Collier County Board of County Commissioners Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, Florida 34112 Attn: Leeann Charles, Procurement Strategist Re: Solicitation 23-8135, "Exotic and Nuisance Vegetation Removal' Dear Ms. Charles, Environmental Restoration Consultants, Inc. (ERC) is pleased to submit our proposal and accompanying documentation for the above referenced project. We have reviewed the Solicitation and other posted material issued by your Department. We understand the scope of services to be provided, the license and insurance requirements, and E- Verify measures. Further, based on our expertise and previous experience with Collier County, we understand the scope and sensitivity of "natural areas" projects, and the environmental and project management aspects related to habitat restoration and maintenance. Specifically, we are very knowledgeable of the Florida Exotic Plant Council (FLEPPC) invasive plant list, and have vast experience in both mechanical and hand removal, and herbicide control, of exotic plant species from preserves, parks, and other facilities to enhance native habitats, provide access, and maintain fence lines and flow ways.. Company Philosophy: Environmental Restoration Consultants, Inc. is committed to provide Collier County professional "natural areas" restoration services. This commitment involves close coordination with County project managers and environmental specialists to detail overall project goals, scope, time frames, and costs, and continued coordination throughout complete implementation of each project. In addition, we strive to adapt to unforeseen field conditions or revised project objectives to complete all projects successfully and safely, and with sensitivity toward wetland and wildlife issues. Collier County can be ensured of our expertise and dedication to provide chemical spraying and exotic mechanical removal, and other clearing services, in the most professional and timely manner. Authorized Contact: Jeff Adair, President and Certified Ecologist, ESA (#409). Environmental Restoration Consultants, Inc. 24571 Redfish St., Bonita Springs, FL 34134 Cell: 239/287-2706 Email: ERCinc(@comcast.net Thank you for the opportunity to work with Collier County. Should you have any questions regarding our proposal, or other documentation, please do not hesitate to call me at 239/287-2706. Sincerely, Digitally signed by Jeff Adair Jeff Adair ou, cn=Jeff Adair, comca Inc., ou, email=ercinc@comcast.net, c=US Jeffrey A. Adair Date: 2023.07.10 14:59:20 -04'00' President 24571 Redfish Street, Bonita Springs, Florida 34134 Office (239) 287-2706 e-mail: ERCinc@comcast.net Experience and Capacity Criteria No. 2 Experience and Capacity of the Firm The Company Environmental Restoration Consultants, Inc. is an environmental land restoration company, with expertise in the removal and control of exotic vegetation throughout south Florida. ERC was founded in 1999 by Mr. Jeffrey A. Adair, who is president and owner, and has 34 years of experience in the environmental restoration and consulting industry. The company has remained diversified by providing clientele both construction and consulting services, with emphasis on public sector flow way maintenance and preserve restoration projects. These services typically involve the removal and herbicide treatment of exotic and nuisance vegetation within preserves, and removal of debris from wetland and upland mitigation areas, parks, natural creeks, ditches, and canals. Heavy equipment in conjunction with manual labor is frequently used to address areas where exotic vegetation is dense. Services • Preserve Enhancement — exotic and nuisance vegetation control • Flow Way Maintenance — ditches, creeks, canals; debris and sediment removal • Native Vegetation Plantings — preserves, mitigation areas, littoral shelves • Mitigation Design and Implementation • Park Maintenance • Right -of -Way Maintenance • Habitat Mapping • Wetland Delineations • Environmental Consulting Capacity, Abilities, Skill, Deliverables, and Financial Strength Mr. Adair is project manager and Collier County's prime contact for all projects performed under this contract, and will be attending County meetings and coordinating ERC personnel relative to field operations and scheduling. Mr. Adair's technical abilities include mitigation design and implementation of mitigation plans (including plant installation and removal of exotic vegetation), wetland delineation, wildlife surveys, preparation environmental impact assessments, acquisition of local, state, and federal environmental permits, and cost estimating. Mr. Adair is a certified Ecologist by The Ecological Society of America (ESA #409), Licensed by the Florida of Agriculture and Consumer Services as a Commercial Herbicide Applicator (#CM19688) for Natural Areas, FDEP Certified Stormwater Management Inspector, FDEP Certified in Best Management Practices, FDOT Certified for Intermediate MOT, and licensed Landscape Contractor in Collier County (Cert. Nbr. 33998). Mr. Cornelio Davila is a field supervisor with expertise in cost estimating, heavy equipment, chemical application, and field operations throughout south Florida. Such field operations have included exotic vegetation control, including all Category I and II exotic vegetation and nuisance species within Collier County preserves such Pepper Ranch, Red Maple Preserve, Mcllvana Marsh, and other Sate preserves within Collier County including as CREW lands, Picayune Strand State Forest, and Rookery Bay. Mr. Davila is licensed by the Florida Department of Agriculture and Consumer Services as a Commercial Herbicide Applicators for Natural Areas Weed Management, and also has expertise in mechanical repair and maintenance, and as an equipment operator. ERC has accumulated its financial strength since incorporation is 1999 and owns all equipment and facilities outright, allowing for relatively low overhead with zero debt. The projects listed below are consistent in scope, budget, and work time period for Collier Conservation habitat enhancement projects, and prove our expertise and ability to successful complete such projects. Please note that all projects have been performed by ERC without the assistance of any subcontractors, and without any change orders. Comparable Exotic Vegetation Projects Provide five (5) examples of exotic vegetation projects in natural areas that demonstrate five (5) years of expererience. Project Description (species, Original Final End Original Final of density, acreage, method of Client Name Start End Date Project Project e Change treatment, etc.) Date Date Amount Cost Orders 2023: Panther Refuge (Collier County): U.S. Fish & 9/8/22 9/15/23 4/5/23 $307,268 $307,268 0 Herbicide treatment of 2,206.4 Wildlife End of Completed acres of select target species Service (Mark Stare early to including dense areas of cogon Danaher: fiscal avoid wet grass with scattered infestations of reference) year season Brazilian pepper, melaleuca, earleaf acacia, Java plum, and Lygodium spp. Control methods involved cut stump, basal treatment, and foliar spot spraying. Implementation included hand held equipment such as machetes and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system. The project was completed five months ahead of it's final deadline. Ok Slough (Hendry County): Florida 4/6/23 5/30/23 4/14/23 $26,926 $26,926 0 Herbicide spot treatment dense Forestry Completed infestation of Eggers nutrush within Service (Mike early to specific cypress domes identified Knight: avoid wet by FNAI and the FFS totaling 194.7 refernce) season ac.. A UTV Polaris was used to transport the 7 man crew and chemical. Other equipment included machetes and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system. The project was completed 6 weeks ahead of schedule, which was defined as the growing season for Eggers 2 nutrush and prior to seed drop and water inundation. Mvakka River State Park (Sarasota DEP (Allison Callis): 5/27/22 9/15/23 End of 6/14/23 Completed $31,473 $31,473 0 County): Herbicide spot treatment of 585 acres moderate infestation reference) State early to of cogon grass, Japanese climbing fiscal avoid wet fern, and Old World climbing fern. year season Equipment included machetes and 5 gal. backpacks, and 44 pickup with 60 gal. herbicide tank. Daily progress was monitored and tracked using Garmin GIPS units, and weekly chemical use logged using the FWC TIERS system. The project was completed 3 months ahead of schedule. Crew had to be cautious of the 330 ft. eagle buffer zone. 2022: Red Maple Preserve (Collier Conservation 3/28/22 7/1/22 4/2/22 $18,240 $18,240 0 County): Herbicide treatment of Collier 131.4 ac. of hardwood forest. (Mitchell Target species included Brazilian Barazowski; pepper, primrose willow, paragrass, refernce) creeping signal grass, and Old World and Japanese climbing ferns using basal bark and foliar application with 7 man crew. Implementation included hand held equipment such as machetes and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank. Daily progress was monitored and tracked using Garmin GIPS units, and daily chemical use logged and submitted to the site manager. The project was completed three months ahead of it's final deadline. T. Mabry Carlton Jr. Memorial Sarasota 2/11/22 9/15/23 3/26/22 $149,322 $149,322 0 Reserve (Sarasota County): County End of Herbicide treatment of 2,228.5 (Meghan State acres. Target species included Harris) fiscal Brazilian pepper, melaleuca, cogon year grass, and Old World climbing fern using cut stump, basal bark, and foliar application with 7 man crew. Implementation included hand held equipment such as machetes and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system. The project was completed five months ahead of it's final deadline. 2021: Mcllvana Marsh (Collier County): Conservation 3/2/21 9/15/21 3/12/21 $31,473. $31,473. 0 Herbicide treatment of 134.5 acres. Collier (Molly End of 00 00 Target species included Brazilian Duvall: State pepper, melaleuca, Java plum, reference): fiscal seaside mahoe, eraleaf acacia, and year Old World climbing fern. Application methods cut stump, basal bark, and foliar treatment using hand held equipment such as machetes and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank with 7 man crew. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system. The project was completed five months ahead of its final deadline, and before wet season. Estero Bay Preserve Scrub West DEP (Justin 8/13/21 9/15/21 8/27/21 $37,178 $37,178 0 (Lee County): Herbicide treatment Lamb: reference) End of State of 322 acres of wet and mesic pine fiscal flatwoods. Select target species included dense areas of downy year rose -myrtle, and scattered infestations of Brazilian pepper, melaleuca, Australian pine, cogon grass, earleaf acacia, cogon grass, and Lygodium sp. Control methods involved cut stump, basal treatment, and foliar spot spraying. Implementation included hand held equipment such as machetes and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system. The project was completed three weeks ahead of its final deadline. 2020: Charlotte Harbor Preserve State DEP (Taylor 12/17/19 9/15/20 1120120 $97,389 $97,389 0 Park (Charlotte County): Herbicide Smith) End of treatment of 1,034 acres of mesic State pine flatwood and high salt marsh. fiscal Select target species included year moderate to dense areas of Brazilian pepper, melaleuca, Australian pine, earleaf acacia, tropical almond, and Lygodium spp. Control methods involved cut stump, basal treatment, and foliar spot spraying. Implementation included hand held equipment such as machetes and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system. The project was completed 8 months ahead of its final deadline, and before the start of wet season. 2019: Pepper Ranch, Phase 2 & 3 Conservation 5/22/19 7/26/19 7/6/19 $70,640 $70,640 0 (Collier County): Herbicide control Collier of all FLEPPC Category 1 & 2 (Christal invasive species with 768 acres of Segura: the Preserve, including hardwoods, reference) herbs, grasses and vines. Control methods involved cut stump, basal treatment, and foliar spot spraying. Implementation included hand held equipment such as machetes and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank and Polaris UTV to transport crew and chemical. Daily progress was monitored and tracked using Garmin GPS units, and daily chemical use logged and submitted to the site manager. The project was completed 20 days ahead of it's final deadline. 2018: CREW (Collier County): Herbicide SFWMD (Joe 4/14/18 9/15/18 6/11/18 $210,973 $210,973 0 treatment of 4,672 acres of Bozzo) End of hardwood forest. Select target State species included moderate dense fiscal infestations of Brazilian pepper, year melaleuca, earleaf acacia, Java plum and Lygodium sp. Control methods involved cut stump, basal treatment, and foliar spot spraying. Implementation included hand held equipment such as machetes and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank, and UTV to transport additional supplies. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system. The project was completed eight months ahead of it's final deadline. Fakahatchee Resources Mitigation, Florida Forest Service (Heather 3/18/18 6/16/18 3/20/18 $25,581 $25,581 0 Picayune Strand State Forest, Naples: Cut stump, girdle, basal, Schmiege) and foliar treat all FLEPPC Category 1 and 2 invasive plant species within the 76.8 acre publically owned mitigation area. Access was primarily from primitive boat ramps along the Faka Union Canal using a 10 ft. dingy. Manual treatment included chainsaws, machetes, and backpack sprayes. Daily progress monitored and tracked using Garmin GPS units. Identified Clients and References (From Reference Forms) 1) Client: Florida Forest Service Contact: Mike Knight, Biologist III, PhD Address: Caloosahatchee Forestry Center 10941 Palm Beach Blvd. Ft. Myers, FL 33905 Phone: 239/690-8032 Email: Mike. Knight(@fdacs.gov 2) Client: U.S. Fish and Wildlife Service Contact: Mark Danaher, Certified Wildlife Biologist Address: 12085 State Road 29 S. Immokalee, FL 34142-5591 Phone: 239/986-6158 Email: Mark_Danaher@fws.gov 3) Client: Collier Conservation Program Contact: Christal Segura, Environmental Specialist II Address: Parks and Recreation Division 3300 Santa Barbara Blvd., Naples, FL 34116 Phone:239/289-3310 Email: Christal.Segura@colliercountyfl.gov 4) Client: Collier Conservation Program Contact: Mitchell Barazoki, Environmental Specialist I Address: Parks and Recreation Division 3300 Santa Barbara Blvd., Naples, FL 34116 Phone: 239/631-0162 Email: Mitchel ll.Barazowski aQcolIiercountvfl.gov 5) Client: Collier Conservation Program Contact: Molly Duvall, Environmental Specialist Address: Parks and Recreation Division 3300 Santa Barbara Blvd., Naples, FL 34116 Phone:239/272-1086 Email: Molly. Duvall (c)colIiercountyfl.gov 6) Client: Florida Department Of Environmental Protection Contact: Justin Lamb, Environmental Specialist Address: Koreshan State Park 3800 Corkscrew Rd., Estero, FL 33928 Phone:239/707-8910 Email: Justin.lamb@dep.state.fl.us 7) Client: Florida Department Of Environmental Protection Contact: Allison Callis, Biologist Address: 13208 SR 72 Sarasota, FL 34241 Phone:941/773-4696 Email: Allison.Callis@Floridadep.gov Equipment Owned by ERC Firm Name: Environmental Restoration Consultants, Inc. Equipment List Equipment Type Year Make Model Owned Leased 4 x 4 Pickup, 5.3 L 2020 GMC Denali X 4 x 4 Pickup, 6.4 L with winch 2015 Ram 2500 X Swamp Buggy with 200 gal tank, spray Xtreme gun, and Honda gas pump Buggies — g 2021 custom 350 Chevy V-8 X built Swamp Buggy with 200 gal tank, spray gun, and Honda gas pump 2016 HandMade Ford Straight 6 X UTV, 44, 6 seater 2021 Polaris Ranger XP X UTV, 44, 6 seater 2021 CanAm Defender XT X ATV, 44 2021 Honda Rancher ES X ATV, 44 2021 Honda Rancher ES X ATV, 44 2018 CanAm Outlander X Tractor/Mower, with bucket and fork lift 2020 John Deere 120 R X attachments Swamp Buggy Trailer 2014 Handmade Double axle X ATV Trailer, 14 ft. 2015 Triple Single axle X Crown UTV Trailer, 16ft., with brakes 2014 Big Tex Double axle X Cargo Trailer, enclosed, rear & side doors 2017 Express Single axle X Boat Trailer 2021 Magic Tilt Single axle X Boat, center console, 115 HP 2021 Key West 189 FS X Wave Runner 2021 Yamaha Cruiser X Dingy, 10 ft. 2016 WalkerBay WalkerBay10 w/3 X hp engine GPS Units (x20) 2020- Garmin Etrex Venture HC X 20222 Backpack sprayers (x14) 2021- Stihl 20 X 2022 Chainsaws (x2), 18" 2020 Stihl 220 X Machetes (x12) 2022 Corona MA 60041,18 inch X blade Chemical Providers Established accounts for herbicide and chemical purchase include Nutrien Ag. Solutions, Helena Chemical Company, Alligare, LLC, and Red River Specialties, Inc. To calibrate backpack sprayers, ERC generally uses the method described by Larry Hudson in "A Guide to Calibrating Backpack Sprayers", although many other similar descriptions are available by various extension services and other institutions. Rental Providers Environmental Restoration Consultants, Inc. occasionally rents equipment for unique projects. Rental companies include United Rental, Sunbelt Rental, Kelly Tractor, and Home Depot. Equipment has included skid steers, excavators, chippers, and lifts. These companies have multiple locations throughout the Bonita Springs, Ft. Myers, Naples area, and also provide their own mobile equipment service, which is generally provided within a few hours of any mechanical issue. Service Providers The following service providers are used for general maintenance and emergency repairs of our pick-ups, UTVs, swamp buggies, trailers, and watercraft: a) LexTech Automotive, Inc., 10821 Bonita Beach Rd., Bonita Springs, FL b) Snider Fleet Solutions (mobile service), 5321 MLK Blvd. Ft. Myers, FL. c) Kenny's Muffler & Tire, 681 S. Main Street, LaBelle, FL. d) Vieths Enterprises, Inc. (buggy repair), 17490 East St., N. Ft. Myers, FL e) Boater's Landing (boat service), 12062 S. Cleveland Ave., Ft. Myers, FL. f) Sun Sports (UTVs/ATVs, & waver runner), 3441 Colonial Blvd., Ft. Myers, FL. ERC can mobilize within short notice and guarantee prompt availability and response of equipment and personnel. All work shall be completed in a timely and professional manner and in accordance with Collier County project specifications and objectives. Specialized Experience of Team Members Criteria No. 3 Specialized Expertise of Team Members Staff Environmental Restoration Consultants, Inc. management and field supervisors have decades of practical experience planning, coordinating, and implementing field operations, as well as preparing environmental plans, maps, and surveys. Our unique expertise, company history and personnel provide a regulatory and operational perspective to each project, providing outstanding management and greater understanding of deliverables and timely, practical resolution to unforeseen project challenges. Further, our ecologists and field crew have years of practical experience in south Florida and are knowledgeable of native and exotic plant species and wildlife, including Florida Exotic Pest Control Council Category I and II invasive plants. Key staff are listed below: Jeffrey A. Adair, President, BS in Biology, Graduate Studies (Marine Biology), Certified Ecologist (ESA), Project Manager, Commercial Applicator Cornelio Davila, Crew Supervisor, Estimator, Equipment Operator, Commercial Applicator Key Staff Summaries —Resumes Attached Jeffrey A. Adair, Primary Contact, Certified Ecologist: Extensive experience in mitigation design, implementation of exotic vegetation removal and native plantings, cost estimating, environmental consulting and permitting, impact statements, wetland delineations, habitat mapping throughout Florida, and a commercial herbicide applicator. Mr. Adair is also a FDEP Certified Stormwater Management Inspector, certified by FDEP in Best Management Practices, and FDOT certified for Intermediate Maintenance of Traffic. Mr. Adair is the primary contract contact, and is responsible for contract administration, project estimating, resolution of contract and field issues, purchasing, chemical inventory, crew scheduling, reports, map preparation, and preparation of deliverables and invoicing per County specifications. Cornelio Davila, Crew Supervisor: Responsible for field operations and field project management, cost estimating, crew oversight, heavy equipment operations and equipment repair, on -site quality control, herbicide applications, and mobilization of heavy equipment. Mr. Davila is also a Licensed FDACS herbicide applicator in Natural Areas, and responsible for training new crew members in plant identification and use of light equipment, and tracking crew progress in the field. Crew Members: Mario Chomo: Herbicide applicator, chainsaw operator, (2 years) Santos Choc Choc: Herbicide applicator, chainsaw operator, (3 years) Rafino Estrada Quip: Herbicide applicator, chainsaw operator, (4 years) Valentine Tot Chaman: Herbicide applicator, chainsaw operator, (3 years) Juan Antonio Choc Yat: Herbicide applicator (1 year) Juan Chaman Pana: Herbicide applicator (1 year) Rigo Tomas: Herbicide applicator, light to heavy equipment, irrigation installation (1 year) All crew members are trained in the identification of invasive plant species. In addition to crew training, ERC may implement our Quality Assurance and Quality Control plan to prepare for complex projects, or as desired by ERC and/or the County's site manager. Qualitv Assurance and Quality Control The quality assurance and quality control (QA/QC) plan outlined below will provide consistent on - site monitoring sampling of upland herbaceous invasive species (including cogon grass) within treatment areas while work is being performed. The performance level (i.e. mortality rate), sample size (i.e. quadrat size), and sample number can easily be adjusted to meet the objectives of each assigned purchase order. This QA/QC plan is intended to assist the crew leader while work is being conducted in natural areas and/or other terrestrial projects, and not intended for long term monitoring that would likely require permanent transects and sample stations or sampling of the water column. In addition, given that mortality often requires time, preliminary QA/QC inspections will rely on the coverage of the blue marking dye added to the herbicide mix to determine application to individual specimens as well as overall spray pattern. Initiation Phase Action 1: Receive assigned PO Action 2: Confirm PO Objective(s) Action 3: Confirm Site Manager Action 4: Establish communication Action 5: Confirm treatment method(s) Action 6: Establish site boundary Action 7: Establish site access Action 8: Establish decontamination site Action 9: Review project objectives with crew Action 10: Mobilize crew & equipment Monitoring Phase Action 11: Organize applicators to their specific transect lines Action 12: Initiate treatment Action 13: Visual monitoring of target species by crew leader Action 14: Ground cover monitoring using 1 meter quadrat Action 15: Crew inspects applicator lines for misses Action 16: Discussion with individuals and/or crew regarding misses Action 17: Replace individuals, if needed Action 18: Continue Actions 13 through 17 until completion Completion Phase Action 21: Decontamination Action 22: Insure Collier County has all herbicide documentation and track logs Safety/Spill Response Plan ERC follows the spill response guidelines detailed in "A Guide for Pesticide Applicators, Applying Pesticides Correctly", published by the University of Florida, EPA, and U.S. Department of Agriculture, 61" Edition, revised 1998. The plan outlines the following: 1) Control the spill: a) protect yourself; b) stop the source; c) protect others; d) stay at the site. 2) Contain the spill: a) confine the spill; b) protect water sources; c) absorb liquids; d) cover dry materials. 3) Clean up: a) Clean up the spill. 2 Firm Name: Environmental Restoration Consultants, Inc. Firm and Employees Licenses & Certifications Issued to Firm or License Type License Number Employee Commercial Herbicide — Category 21 (Natural Areas), Florida Dept. of Jeffrey A. Adair CM19688 Agriculture and Consumer Services Commercial Herbicide — Category 21 (Natural Areas), Florida Dept. of Cornelio Davila CM21333 Agriculture and Consumer Services Certified Ecologist, Ecological Society of America Jeffrey A. Adair 409 Stormwater Management Inspector, DEP Jeffrey A. Adair 26905 Landscaper Restricted Contractor, Collier Environmental Restoration County* Consultants, Inc. C33998 Small Business Enterprise, South Florida Water Management District (for Environmental Restoration Vendor No.: 116528 Environmental Management & Mitigation Consultants, Inc. Services)* Best Management Practices, FDEP/IFAS Jeffrey A. Adair GV15878-1 Florida State Registration, Division of Environmental Restoration Corporations Consultants, Inc. Doc. No. P99000001017 Memorandum of Understanding, U.S. Environmental Restoration Department of Homeland Security and Consultants, Inc. ID No. 215167 Social Security Administration Local Business Tax Receipt (Lee County) Environmental Restoration Consultants, Inc. C Acct. No. 1013318 Hard copies were not immediately available due to Hurricane Ian damage at our office, although the license/certificate remains valid (*). Collier County Board of County Commissioners Exotic and Nuisance Vegetation Removal (Solicitation No.: 23-8135) Project Manager Jeff Adair, President Certified Ecologist, ESA ERC, Inc Administration Jeff Adair, Contracts, Project Manager, Estimator Michelle Brewster, Bookkeeper ERC, Inc. Field Operations and Crew(s) Jeff Adair, Ecologist, FDACS Lic. Cornelio Davila, Crew Supervisor, Operator, FDACS Lic., Estimator Rigo Tomas, Heavy Equip. Operator, Irrigation Crew(s): Herbicide Spraying, Heavy Equipment Operations, Plant Installation ERC, Inc. Jeffrey A. Adair, President Environmental Restoration Consultants, Inc. Education: B.S. Biology, Albright College, Reading, PA, 1984 Graduate Study, Marine Biology, University of North Carolina, 1987 Registration: Certified Ecologist, Ecological Society of America Affiliations: The Nature Conservancy National Audubon Society Years Experience: 34 Mr. Adair has 34 years professional environmental experience in the areas of exotic vegetation species control, state and federal wetland jurisdiction determination, wetland mitigation design and implementation, wetland monitoring, wildlife surveys, and environmental planning and permitting. Responsibilities have encompassed all aspects of exotic and nuisance plant control, preparation and implementation of preserve management plans, cost estimating, littoral shelf and native plant installation, mitigation design, environmental permitting, FLUCFCS and land use mapping, wildlife surveys (gopher tortoise, scrub jay, eagle, RCW), wildlife permitting and relocation (as appropriate), site layout, and coordinating and responding to agency comments. Relevant Experience (1999 — Present): • Environmental Restoration Consultants, Inc. 1999 - Present: President - Responsible for all aspects of the firm's operation and project management. Oversight responsibilities include environmental proposals, contract administration, pre -bid meetings and site inspections, cost estimating, conflict resolution, employee assignments and crew scheduling, equipment purchasing and maintenance, and financial planning. Consul -Tech Development Services, Inc. 2000 - 2003: Director of Environmental Services - Responsible for development of Environmental Division, marketing, and project management. Technical abilities include wetland delineation, wildlife surveys, preparation of environmental reports, acquisition of local, state, and federal environmental permits and licenses, mitigation design and cost analysis, site plan development and, and wetland assessments (UMAM, WRAP, etc.). CCL Consultants, Inc. 1996 - 2000: Senior Environmental Project Manager - Technical activities included wetland and wildlife field surveys, tree inventories, reports, and permits for projects in Miami -Dade, Broward, Palm Beach, Orange, and Marion Counties. Managerial activities include marketing, cost estimating, invoicing, and coordination with clients, civil engineers, landscape architects, surveyors, and draftsmen. More specifically, project management has also involved coordination with professional archeologists relative to historical sites and geologists in regard to soil and groundwater contamination and karst formations (i.e., sinkholes). Keith and Schnars, P.A. 1993 - 1996: Senior Biologist and Project Manager - Responsible for the delegation and coordination of ecologically sensitive projects to technical staff. Managerial responsibilities include the recruitment and training of technicians; overseeing the completion of assigned tasks, project cost estimating, presentations, and marketing. Technical responsibilities include federal, state, and county wetland permitting and evaluations, environmental impact statements and wildlife surveys, and mitigation design and inspection. Relevant Restoration Qualifications Please reference Environmental Restoration Consultants, Inc.'s references for a list of example projects. Publications: Adair, J. 1987. Assessment of Heavy Metal Contamination in Crassostrea virginica From Marina Facilities. Northeast Gulf Science, Vol. 9, No. 2: 135 — 142. • Adair, J. and D. Nelson, 1988. Recommendations for Public Accessways For The Atlantic Coast Of Maryland Hurricane Protection Project. Coastal Ecology Group, Environmental Laboratory, U.S. Army Corps of Engineers Waterways Experiment Station, Vicksburg, Mississippi. Adair, J. A., T. R. Higgins, and D. L. Brandon. 1990. Effects of fruit burial depth and wrack on the germination and emergence of the strandline species Cakile edentula (Brassicaceae). Bull. Torrey Bot. Club 117: 138 — 142. 24571 Redfish St. Bonita Springs, FL 34134 Cell: 239/287-2706 Email: ERCinc@comcast.net Cornelio Davila, Crew Leader Environmental Restoration Consultants, Inc. Education: Aguascalientes State High School 501 General Studies 02/1985 - 06/1994 Years of Experience: 21 Mr. Davila has 21 years of professional environmental experience specifically in the area of exotic vegetation species control in Natural Areas, tree removal, grading, planting, transplanting, and has worked on numerous County, State, and Federal preserves and parks, and private mitigation areas. Mr. Davila is a licensed FDACS commercial herbicide applicator with expertise in plant identification, herbicide mixing and application techniques, and proven crew leadership in all aspects of field operations. In addition, Mr. Davila has performed native plantings, and conducted earthwork with light to heavy equipment. Current responsibilities include crew leadership, crew organization, mechanical repairs, herbicide mixing, ability to work in extreme working conditions which may include exposure to dust, noise, temperature extremes, and other elements for extended periods of time. Mr. Davila is also responsible for daily chemical use reports, and attending assigned meetings. Fluent in English and Spanish. Relevant Experience • Environmental Restoration Consultants, Inc. 2017 - Present. Crew Leader - Responsible for all aspects of crew operations in the field, including implementing and performance of the assigned scope of work, chemical mixing, training new crew, design and maintain a safe working environment and monitoring crew progress. • Walker Exotic Tree Service 2002 - 2017: Crew Leader— Able to motivate team members to achieve optimal production while maintaining safety methods and practices. Work included operation and transportation of crew and equipment. Equipment that was operated and maintained included 4 x4 pickups, swamp buggy, UTV's, chainsaws, and other hand tools and backpacks. Walker Exotic Tree Service 2001 - 2002: Laborer and Herbicide Applicator - Field assimilation and identification of native and exotic plant species, and learned herbicide treatment techniques during this period as a field technician. Prepared for and passed the FDACS CORE and Natural Areas exams. 24571 Redfish St. Bonita Springs, FL 34134 Cell: 239/287-2706 Email: ERCinc@comcast.net Forms • Vendor Declaration Statement • Conflict Of Interest • Division of Corporations • Immigration Affidavit Certification • E-Verify Company Profile • Reference Questionnaire Forms (7) • Grant Provisions and Assurances • W-9 Form • Insurance Certification • Licenses and Certifications Co xer C014 ty Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this "�- day of Z &Jry , 2023in the County of Lee , in the State of Florida. Firm's Legal Name: Environmental Restoration Consultants, Inc. Address: 24571 Redfish St. City, State, Zip Code Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone Email: Signature by: (Typed and written) Title: Bonita Springs, FL 34134 P99000001017 65-0898081 1X2R8 239-287-2706 ERCinc@comcast.net President Additional Contact Information Send payments to: (same) (required if different from Company name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier (same) County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Co Ter Couvtty Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Environmental Restoration Consultants, Inc. Company Name Signature Jeffrey A. Adair, President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this `9 day of j_=t (month), D (year), by 5. e ire /qr &40, ,ir; 112r S 6 yjLvt (name of person acknowledging). Personally Known OR roduced Identification V: l— 40P; vP—r- L��r, s e_ Type of Identification Produced (Signature of Notary Public) (Print, Type, or stamp Commissioned Name of Notary Public) NANCY MARIE MITCHEM °m� Notary Public, State of Florida Commission# HH 343070 ZoQ My comm. expires Jan. 23, 2027 DIVISION OF CORPORATIOW5� Department of State / Division of Corporations / Search Records / Search by Officer/Registered Agent Name / Data,� �bv 0?IL1ce- r1,Reg�siiera d r��?i'an t, \aim e Florida Profit Corporation ENVIRONMENTAL RESTORATION CONSULTANTS, INC. Filing Information Document Number P99000001017 FEI/EIN Number 65-0898081 Date Filed 01/04/1999 State FL Status ACTIVE Last Event CANCELADM DISS/REV Event Date Filed 01/19/2005 Event Effective Date NONE Principal Address 24571 REDFISH ST. BONITA SPRINGS, FL 34134 Changed: 01/19/2005 Mailing Address 24571 REDFISH ST. BONITA SPRINGS, FL 34134 Changed: 01/19/2005 Registered Agent Blame & Address ADAIR, JEFFREYA 24571 REDFISH ST. BONITA SPRINGS, FL 34134 Address Changed: 01/19/2005 Officer/Director Detail Name & Address Title P ADAIR, JEFFREYA 24571 REDFISH ST. BONITA SPRINGS, FL 34134 Annual Reports Report Year Filed Date 2021 01 /05/2021 2022 01 /06/2022 2023 01 /04/2023 Document Images 01/04/2023 -- ANNUAL REPORT View image in PDF format 01/06/2022 --ANNUAL REPORT View image in PDF format 01/05/2021 --ANNUAL REPORT— View image in PDF format 01/06/2020 --ANNUAL REPORT View image in PDF format 04/03/2019 -- ANNUAL REPORT View image in PDF format 01/12/2018 -- ANNUAL REPORT View image in PDF format 01/12/2017 --ANNUAL REPORT View image in PDF format 02/02/2016 --ANNUAL REPORT View image in PDF format 01/10/2015 --ANNUAL REPORT View image in PDF format 01/11/2014 — ANNUAL REPORT View image in PDF format 01/28/2013 — ANNUAL REPORT View image in PDF format 01/06/2012 --ANNUAL REPORT View image in PDF format 01/09/2011 —ANNUAL REPORT View image in PDF format 01/09/2010 --ANNUAL REPORT View image in PDF format 01/22/2009 --ANNUAL REPORT View image in PDF format 01/08/2008 --ANNUAL REPORT View image in PDF format 01/04/2007 —ANNUAL REPORT View image in PDF format 01/06/2006 --ANNUAL REPORT View image in PDF format 01/19/2005 -- REINSTATEMENT View image in PDF format 01/15/2002 --ANNUAL REPORT View image in PDF format 03/28/2001 --ANNUAL REPORT View image in PDF format 04/19/2000 --ANNUAL REPORT View image in PDF format_ 01/04/1999 -- Domestic Profit View image in PDF format J. c 5U_I— C ---r of C:rperaLC� 5 Co ier County Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (hops://www.e-verify.gov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposalp}/bid. C-0o. CIA 1+,t �s� �cc� Company Name Signature Print Name and "Title State of F7 6 C = d c,c( County of L �'- The foregoing instrument was acknowledged beforemePby means o physical presence or ❑ online notarization, this (0---h day of �� (month), v (year), by e d Iv c eA ,�r ��r eS; „ l c ..+- (name of person acknowledging). (Signature of Notary Public) Personally Known OR duced Identification Type of Identification Produced (Print, Type, or Stamp Commissioned Name of Notary Public) NANCY MARIE MITCHEM Notary Public, State of Florida z Commission# HH 343070 My comm. expires Jan. 23, 2027 E-Verify, Company ID Number: 215167 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY �y��iltiA ` = Illlllf <q\'D SEG E-VERIFY IS A SERVICE OF DNS AND SSA The parties to this agreement are the Department of Homeland Security (DHS) and Environmental (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIESOFTH E EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify. Company ID Number: 215167 Approved by: 0 c;F4.eo sc ap,: E-VERIFYIS A SERVICE OF DNS AND SSA Employer Environmental Restoration Consultants, Inc. Name (Please Type or Print) Title Jeff Adair Signature Date Electronically Signed 05/21/2009 Department of Homeland Security- Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 05/21/2009 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify, Company ID Number: 215167 V pARTyt j �Ut ►►IIIII ��A'U Sf E-VERIFY IS SERVICE OF OHSANO SSA Information Required for the E-Verify Program Information relating to your Company: Company Name Environmental Restoration Consultants, Inc. Company Facility Address 24571 Redfish St. Bonita Springs, FL 34134 Company Alternate Address County or Parish LEE Employer Identification Number 650898081 North American Industry Classification Systems Code 541 Parent Company Number of Employees 5 to 9 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verimfy,,, Company ID Number: 215167 E4rN)'.ys Ol\.4T �' i6ul °��AND 54"Ja. E-VERIFY IS A SERVICE OF VHS AND SSA Information relating to the Program Admin istrator(s) for your Company on policy questions or operational problems: Name Jeff Adair Phone Number 2392872706 Fax 2399920086 Email ERCinc(a-comcast.net Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Co ier County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: Environmental Restoration Consultants, Inc. (Name of Company Requesting Reference Information) Jeffrey A. Adair (Name of Individuals Requesting Reference Information) Name: Mike Knight 15 �7 (Evaluator completing reference questionnaire) Email: FAX: 239-690- Company: Florida Forest Service (Evaluator's Company completing reference) 239-690-8032 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project_ The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Ok Slough -control of Eggers nutrush; Completion Date: 4/14/23 194.7 ac. Project Budget: $26,926.75 Project Number of Days: 7 days Item Criteria Score must be completed) l Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Solicitation: 23-8135 Exotic Reference Questionnaire for: Environmental Restoration C Co ier County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Nuisance Vegetation Removal Inc. (Name of Company Requesting Reference Information) Jeffrey A. Adair (Name of Individuals Requesting Reference Information) Name: Mark Danaher (Evaluator completing reference questionnaire) Email: FAX: Company: U.S. Fish and Wildlife Service (Evaluator's Company completing reference) 239-986-6158 Collier Countyhas implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Panther Refuge -control of cogon grass, Completion Date: 4/5/23 Brazilian pepper, Lygodium, melaleuca, earleaf acacia & Java plum; 2,206,4 ac. Project Budget: $307,268.83 Project Number of Days: Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. - 9 4 Quality of consultative advice provided on the project. 9 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 98 co ier County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: Environmental Restoration Consultants, Inc. (Name of Company Requesting Reference Information) Jeffrey A. Adair (Name of Individuals Requesting Reference Information) Name: Christal Segura (Evaluator completing reference questionnaire) Email: Company: Conservation Collier (Evaluator's Company completing reference) FAX: 239-252-3042 239-289-3310 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Pepper Ranch, Phase 2 & 3 — herbicide Completion Date: 7/6/1 control of all FLEPPC Category 1 and 2 invasive plant species; 768.0 ac. Project Budget: $70,640.00 Project Number of Days: 32 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Solicitation: 23-8135 Exotic Reference Questionnaire for: Environmental Restoration C Co ie-r County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Vegetation Removal Inc. (Name of Company Requesting Reference Information) Jeffrey A. Adair (Name of Individuals Requesting Reference Information) Name: Mitchell Barazowski (Evaluator completing reference questionnaire) Email: FAX: Company: Conservation Collier (Evaluator's Company completing reference) Telephone: 239-631-0162 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Red Maple Preserve -control of Brazilian Completion Date: 4/2/22 pepper, Lygodium, paragrass, & signalgrass; 131.4 ac. Project Budget: $18,240.00 Project Number of Days: 5 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 y� Cv 7eY County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: Environmental Restoration Consultants, Inc. (Name of Company Requesting Reference Information) Jeffrey A. Adair (Name of Individuals Requesting Reference Information) Name: Molly DuVall (Evaluator completing reference questionnaire) Email: Molly.DuVall(a,CollierCountyfl.gov FAX: Company: Conservation Collier (Evaluator's Company completing reference) 239-272-1086 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: McIlvana Marsh -control of Brazilian Completion Date: 3/12/21 pepper, Lygodium, earleaf acacia, Melaleuca & Java plum Project Budget: $31 473.00 Project Number of Days: 9 dam Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. - 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Co Ier County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: Environmental Restoration Consultants, Inc. (Name of Company Requesting Reference Information) Jeffrey A. Adair (Name of Individuals Requesting Reference Information) Name: Allison Callis Company: Florida Department of Environmental Protection (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Allison.CallisEFloridaDEP.gov FAX: Telephone: 941-567-8379 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Myakka River State Park -control of Completion Date: 6/13/23 cogon grass, Japanese & Old World climbing fems;585.07 ac. Project Budget: $31,473.00 Project Number of Days: 12 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 9 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 8 4 Quality of consultative advice provided on the project. 9 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 9 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 8 10 Overall comfort level with hiring the company in the future (customer satisfaction). 9 TOTAL SCORE OF ALL ITEMS 91 Co -per C0141 ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REOUMED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: Environmental Restoration Consultants, Inc. (Name of Company Requesting Reference Information) Jeffrey A. Adair (Name of Individuals Requesting Reference Information) Name: Justin Lamb (Evaluator completing reference questionnaire) Email: Justin.lamb@dep.state.fl.us FAX: Company: Florida Department of Environmental Protection (Evaluator's Company completing reference) 239-707-8910 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Ester Bay Preserve Scrub West — Completion Date: 8/27/21 herbicide control of Brazilian pepper, Melaleuca, earleaf acacia, Australian pine, downy rose -myrtle, cogon grass, and Lygodium; 322 ac. Project Budget: $37,178.12 Project Number of Days: 13 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 9 8 Abiltity to manage risks and unexpected project circumstances. 8 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C. F. R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description, and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards. employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act; which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuantto the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Environmental Restoration Consultants; Inc. Date 7/6/23 Authorized Signature Jeff Adair—11-11 -j-6,.oEw--o.m._. k@�azM EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Environmental Restoration Consultants, Inc. By Jeff Adair o s �"� o � 4 � q# Signature Jeffrey A. Adair, President Name and Title 24571 Redfish St. Street Address Bonita Springs, FL 34134 City, State, Zip YC1NGCYHRBZ6 UEI Unique Entity Identifier (for SAM.gov verification) 7/6/23 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT w it be verified. UnYerAble- statuses "I require the PRIME to eidw pro Yde a revise statement or provide source documentation that validates a 11 A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME TJAN,� PRiM.EFE-D tWNIS€R I CON Z-ACT DOLLAR AhiOU-J VY G TOE PRIME AFLMDA-CEMMED D&WIVANiTAGED, JErEP1+N Y ISTHEACTiVITYOFTHISCONTRACT_. L71NOR7Y OR.P:OhrEN $k13iNESSEN7ER#RISi? DHE? Y i CONSTRUCTION Y ra (DBElh1BEtWBEJ DRFLAVEASMALLDISADVANL4GE6 BUS;NESSSACERTIFICATtONFROMTHE SMALLBUSINESS 11ABE? Y CONSULTATION? Y ADMINISTRATION? ASERVICEDISABLEDVETERAN? VIBE? Y OTHER" N SDBBA? Y YJ %�Cn'.11��1tn a, 'A' L IS THIS SUBMISSION A REVISION? Y N IF YES, REViSiON NUMBER B. IF PRIME HAS SUBCONTRACTOR Oft SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE I SUBCONTRACTOR OR SUPPLIER I TYPE Of WORK OR I ETHNICITY CODE I SUB15UPPLIER I PERCENT OF CONTRAC 71 VETERAN NAME SPECIALTY (See BeJUW) I DOLLAR AMOUNT DOLLARS TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OFSUBMIrTER DATE TITLE OFSUBMUTEER s —L✓L i •211I 'Z 3 Pam► n EMAIL ADDRESS Of PRIME {SUBMITTER) TELEPHONE NUMBER FAX NUMBER NOTE: `hiss information is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipates! ABE or MBE amount is votumary and will not became part w the contractual terms. This form must be submitted at time of response to a s0c Cation. 0 and when assaided a County contract, the prime wilt be asked to update the information for the grant compliance files. B�atkArn>uican 2a NispanicAs:t�n[an IAA native A--iiican NA ;ubccnt, siamAmencan ssa Asian-plalIIcArne?Ivan APA Otit_r: not w. any othza gr,-sp I:sred D. SECTION TO BE COMPLETED BY COLLIER COUNTY DiPART"ENTNArAE I COWER wnrucr# waiwi, ar vciiwo I GRANT PROGRAM'CONTPACT DATE EXHIBIT I -10 Solicitation 23-8135 Exotic and Nuisance Vegetation Removal E� July 12, 2023 R �s EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Environmental Restoration Consultants, Inc. Contractor (Firm Name) Jeff Adair °µ" "YyR°"°"""""` Signature of Contractor's Authorized Official Jeffrey A. Adair, President Name and Title of Contractor's Authorized Official 7/6/23 Date EXHIBIT I - 11 Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev. October2018) Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Jeffrey A. Adair 2 Business name/disregarded entity name, if different from above Environmental Restoration Consultants, Inc. M 3 Check appropriate box for federal tax classification of the only whose name is entered on line 1. Check person one of the p y 4 Exemptions (codes codes apply onlyto following seven boxes. certain entities, not individuals; see a instructions on page 3): o ElIndividual/sole proprietor or ElC Corporation 0S Corporation ❑ Partnership ElTrust/estate c single -member LLC Exempt payee code (if any) CL Q ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting to LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code if an ( y) d v another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. y ❑ Other (see instructions)► (APPlles to accounts maintained outside the U.S) y5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 24571 Redfish St. 6 City, state, and ZIP code Bonita Springs, FL 34134 7 List account number(s) here (optional) JIM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (S. However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other _ M - entities. it is vour emolover identification number (EIN). If you do not have a number, see How to pet a TIN, later. Note: If the account is in more than one name, see the instructions for line 1 Number To Give the Requester for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: or Also see What Name and Employer 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Digitally signed by Jeff Aaair Sign Signature of ON: cn=Jeff Adak, o=ERC, Inc., ou, Here Jeff Adair "m=e�lnc(mw ­e C=DS U.S. person ► Dale: 2023.07.0513:31:57 -0P00 Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) AC R" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/7/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Acentria Insurance - Ft. Myers 11215 Metro Parkway, Bldg 1 Ste 4 Fort Myers FL 33966 CONTACT NAME: Certificate Team PHONEo FAX AICA Ext : 239-939-1010 AIC, No): 239-939-7172 L ADDRESS: coifm@acentda.com INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: American National Lloyds Insurance Company 10043 License#: L100460 INSURED ENVIRES-01 Environmental Restoration Consultants, Inc. 24571 Redfish St INSURER B: Auto -Owners Insurance Company 18988 INSURER c : Technology Insurance Company, Inc. 42376 Bonita Springs FL 34134 INSURER D: INSURER E : INSURER F : f•CDTICIPATC 4I1111ADCD• 17r177Qr1Q7A RFVISI(7N NIIMHI-Ii' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEINSD ADDL SUBR WVD POLICYNUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 7930119570001 6/26/2023 6/26/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE rx-1 OCCUR DAMAGE TZIRETE PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY ❑ PRO X JECT ❑ LOC OTHER: B AUTOMOBILE LIABILITY 5340867200 6/29/2023 6/29/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANYAUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPER a R DAMAGE $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION$ $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE �, N TWC4257913 6/26/2023 6/26/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 EMPLOYEE $1,000,000 OFFICER/MEMBEREXCLUE (Mandatory in NH)DISEASE-EA N/A E.L. DISEASE -POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Owners/Officers Excluded from Workers Compensation Benefits: Jeffrey A. Adair Collier County Board of County Commissioners IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOWN ABOVE FOR ANY WORK PERFORMED BY COLLIER COUNTY AS REQUIRED BY WRITTEN CONTRACT. SUCH COVERAGE IS PROVIDED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AND INCLUDES A WAIVER OF SUBROGATION. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C22/_//�� lJ "I `JiSB-LUlO AI,.VRU liVr(rVRHI IVI7. Hu Ilynw Icacrvcu. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD -- pouiba IDepartment of 9gricutture ants QConaumer %E0*t5 Pesticide Certification Office Commercial Applicator License License# CM19688 ADAIR, TEFFREY ALLAN Categories 24571-REDFISH ST 21 BONITA SPRINGS, FL 34134 issued: March 10, 2021 Expires: March 31, 2025 n t f Li=ee NICOLE "NIKKr FRIED. COMMISSIONER ". Th. ab—in Mdual is liansut°°d—[h Peo°u'°"`ofChaper 48'7.F.S.ropureFase adl nPPly restrined use p sddd.' l�. 110084 ;Department of agriculture anb consumer &rbice5 Pesticide Certification Office Commercial Applicator License License # CM21333 DAVILA, CORNEUO Categories '81692NDAVL'N 21 NAPLES, FL 34108 Issued: September 23, 2019 Expires: October 31, 2023 � - n i utL Sigaaalieo1 ea'ee NICOLE 'WIKKI" FRIED, COMMISSIONER Th. ah—In Mduul Is lic—i urWerthe pm isi°rvv°rChApwr 487, F.S. to punhas° and apply=vi'tsd use pasti6da. 4,-0 C"" �'ax I��ii9eetarJ Noel[* 0ranning Local Business Tax Receipt ENVIRONMENTAL RESTORATION CONSULTANTS ENVIRONMENTAL RESTORATION CONSULTANTS 24571 REDFISH ST BONITA SPRINGS, FL 34134 Dear Business Owner: Your 2022 - 2023 Lee County Local Business Tax Receipt is attached below for account number / receipt: number: 1013318 / 0802264 If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, QIK Lee County Tax Collector ----`----------------------------------------------------------- ------------ 2022-2023 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1013318 Receipt Number: 0802264 State License Number: Location: 24571 REDFISH ST BONITA SPRINGS, FL 34134 ENVIRONMENTAL RESTORATION CONSULTANTS ENVIRONMENTAL RESTORATION CONSULTANTS 24571 REDFISH ST BONITA SPRINGS, FL 34134 Account Expires: September 30, 2023 CONSULTANT LOCAL BUSINESS TAX RECEIPT IS Payment Information: PAID INT-00-00299243 07/13/2022 $ 50.00 F� U 10 Agog o w �� .� 'p, vd mo i--� Co id cd TV w V O cVd U o W u �° �+ v p L4� L41 a ri LE �w f y Q u ca v $t � �* A ('j p 9 oo v �— r, > m +� �FROFECTION Department o �4or�ti�� Environmental Protection r. 2600 Blair Stone Road, M.S. 3570 A_ Tallahassee, Florida 32399-2400 April 11, 2012 Congratulations on successfully complcting the Florida Stormwater Erosion and Sedimentation Control Inspector Training Program. I greatly appreciate your participation in and successful completion of this course. I hope that it has helped you to better understand Florida's stormwater problems and the importance of proper design, construction, and mantenance of erosion and sediment controls during construction, in order to assure the proper long-term operation and maintenance of stormwater systems after construction is completed. Attached you will find your numbered certificate and wallet card. certificate or card, or in the grading of your exam. If I can be of further assistance, please do not hesitate to contact me at 850/245-8294 or via email: halton.lunsford@dep.state.fl.us Jeffrey Adair 24571 Redfish Street Bonita Springs, FL 34134 Please let me know if there are any errors in the QUALIFIED DEPARTMENT OF ENVIRONMENTAL PROTECTION STORMWATER EROSION AND SEDIMENTATION CONTROL INSPECTOR TRAINING PROGRAM Jeffrey Adair Class Date Inspector iYumber April 05, 2012 26905 QUALIFIED STORMWATER MANAGEMENT INSPECTOR STORMWATER MANAGEMENT INSPECTOR The undersigned hereby ackno-wledges that Jeffrey A. Adair has successfully met all requirements necessary to be fully qualified through the Florida Department of Environmental Protection Stormwater Erosion and Sedimentation Control Inspector Training Program April 05, 2012 K} u,�lntiri ') Inspector Number 26905 Kristine Jones Hal Lunsfor Collier AqbEnvironmental Services Lake & Hletland Management SpeclaUsts COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION FOR QUALIFICATION IFQ Number and Title: #23-8135 Exotic and Nuisance Vegetation Removal 2600 Golden Gate Parkway, Naples, Florida 34105 Office 239-262-2600 Fax 239-261-1797 Co Ier Co-14rity Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. General Bid Instructions has been acknowledged and accepted. Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. [ Form 1: Vendor Declaration Statement [� Form 2: Conflict of Interest Certification - Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - httD:Hdos.myflorida.com/sunbiz/ should be attached with your submittal. ry Vendor MUST be enrolled in the E-Verify- https://Nvww.e-verify.gov/ at the time of submission of the proposal/bid. Form 3: Immieration Affidavit Certification MUST be si ned and attached with vour submittal. II' E-Verifv Memorandum of Understanding or Comnany Profile page should be attached with your submittal. Form 4: Reference Questionnaire form must be utilized for each requested reference and included with your submittal. if applicable to the solicitation. Form 5: Grant Provisions and Assurances vacka2e in its entirety. if a Dlicable. are executed and should be included with your submittal. Vendor W-9 Form. Er Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. !a The Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of all requested licenses and/or certifications to complete the requirements of the project. [�] r All addenda have been signed and attached. 0' County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. [f Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. ow,40_,� A. tr C1 Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced herein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non -conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and MUSt he inrluAprl nn annh narkana of Iccc fhnn container Innri /I ('I \ Shinmcntc� anri/nr �n;ith oarh i car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/10 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non -Infringement a) VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. b) VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). c) If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non -infringing, (without any material degradation in performance, quality. functinnality nr additional cost to the COUNTY)_ 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/10 agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To tha ...,t....t nn%., t,,... Q nnf! /;;r r-nnH;f;n..., of ate:, D.!rnhnc!a r)rrga- H!in!;nnfa n arinn +Ha T4nr. _ nn!J (-nntj;+;nn. of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. I Acknowledged and accepted: aviYB. Genson, Vice -President Date G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 515/10 Cra ter C0144 tty Procurement Services Division Form l: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of July , 2023 in the County of Collier, in the State of Florida Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: Peninsula Improvement Corporation dba Collier Environmental Services 2600 Golden Gate Pkwy. Naples, Florida 34105 F22515 59-2072998 (239)262-2600 David B. Genson, Vice -President Additional Contact Information Send payments to: Same as above (required if different from Company name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier Same as above County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Co Ter G014-nty Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. signature David B. Genson Vice -President Print Name and Title State of Florida County of Collier The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this l l TM day of 3-4 (month), 2OZ3 (year), by 'Z)AM i n 3. (' �E�t� �.1 (name of person acknowledging). (Signaturelof Notary Public) Personal) K� OR Produced Identification Type of Identification Produced (Print, Type, or Stamp EE. Siv<'nY "`� : SABINA HARDY * MY COMMISSION N HH 343836 F��P'; FIRES: January 14, 2027 Name of Notary Public) DlViSION QF CORPORATIONS i a'aaarnent of s= / D�visi:,n of crporgUOQ� Searchhb E_ n A�Na / Detail by Entity Name Florida Profit Corporation PENINSULA IMPROVEMENT CORPORATION Filing Information Document Number F22515 FEI/EIN Number 59-2072898 Date Filed 03/09/1981 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 06/19/2008 Event Effective Date NONE Principal Address 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Changed: 04/06/2005 Mailing Address 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Changed: 04/06/2005 Registered Agent Name & Address SONALIA, JEFFREY S 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Name Changed: 04/17/2023 Address Changed: 04/30/2001 Officer[Director Detail Name & Address Title V/S/T BOAZ, BRADLEY A 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title C/D COLLIER, BARRON III G 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP SONALIA, JEFF 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP GOGUEN, BRIAN L 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title President GABLE, R. BLAKESLEE 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP GENSON, DAVID B 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title Director SPROUL, KATHERINE G 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title Director VILLERE, LAMAR G 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title Director ALDEN, PHYLLIS G 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title Director KUNDE, CHELSEA 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title Director SPROUL, JULIETA 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title President, Peninsula Engineering ENGLISH, JOHN C 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title AV Kennedy, Kelly 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title AV Sammons, Steve 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP HURST, DAVID 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP WATERS, DAN 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP HARTLEY, DANIEL 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP Fruth, Joshua 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP Stockham, Bradley E 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP Miller, Lance T 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP Castan, Rodney 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP Maloney, John 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Annual Reports Report Year Filed Date 2022 01 /07/2022 2022 06/13/2022 2023 04/17/2023 Document Images 04/17/2023 -- ANNUAL REPORT View image in PDF format 0N24120« --AMENDED ANNUAL REPORT View image In PDF for -)at 07/01/2022 --AMENDED ANNUAL REPO View image in PDF format 06/13/2 122 -- AMENDED ANNUAL REPOR View image in PDF format 01/07/2022 --ANNUAL REPORT View image in PDF format 04123/2 121 --ANNUAL REPORT View image in PDF format 06/25/2020 --ANNUAL REPORT View image in PDF format 04/30/2019 --AMENDED ANNUAL REPOT View image in PDF format 01/02/2019 --ANNUAL REPU T View image in PDF format 08/03 2018 -- AMENDED ANNUAL REPORT View image in PDF format 07/1 /2018 --AMENDED ANNUAL REPORT View image in PDF format 04/25/2018 --ANNUAL REPORT View image in PDF format 04/20/2017 --ANNUAL REPORT View image in PDF format 04/19/20,16 -- ANNUAL REPORT View image in PDF format 04124/2015 --Al INUA'_ REPORT 04122/2014 -- ANNUAL REP _j 59/19!2012 --AMENDED ANNUAL RE FO View image in PDF format View image in PDF format View imaga in PDF format 04/02/2013 -- ANUAL REPORT View image in PDF format 04/27/2012 -- ANNUAL REPPRT View image in PDF format 04/19/2011 --ANNUAL REPORT View image in PDF format 05'01/2010 --ANNUAL REPORT View image in PDF format 04/22/2009 --ANNUAL BEPOR Vier; imaga in PDF forma` 07/07/2G08 -- ANNUAL REPORT View image in PDF format Q5?9912QU _ NI=DL View image in PDF format 05r02/2G08 --ANNUAL REPORT View image in PDF format 03/2912007 --ANNUAL REPORT View image in PDF format 04/26!2006 --ANNUAL R PORT View image in PDF format 04/0c12005 --ANNUAL REPORT View image in PDF format 03/23/2004 --ANNUAL REPORT View image in PDF format 04/17/2003 --ANNUAL REPORT View imaoe in PDF format 04/30/2002 -- ANNUAL REPORT View image in PDF format 04/30/2001 --ANNUAL REPORT View image in PDF fof'rnal 05'08/2009 -- ANNUAL REPORT View image in PDF format 04/02/1999 --ANNUAL REPORT View image in PDF format 04/20/1998 -- ANNUAL REPORT View image in PDF format 12/1997 --ANNUAL REPOR View image in PDF format 05)01/1996 --ANNUAL REPORT View image in PDF format 05i01/1995--ANNUAL REPORT View image in PDF format ) Gar "t SLO Ii 1- ,..i - ti i ll��•org Previous on List Next on List Return to List Fictitious Name Search Filing Histo-Q/ j Submit Fictitious Name Detail Fictitious Name COLLIER ENVIRONMENTAL SERVICES Filing Information Registration Number G11000082210 Status ACTIVE Filed Date 08/18/2011 Expiration Date 12/31/2026 Current Owners 1 County MULTIPLE Total Pages 3 Events Filed 2 FEI/EIN Number 59-2072898 Mailing Address 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Owner Information PENINSULA IMPROVEMENT CORPORATION 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 FEI/EIN Number: 59-2072898 Document Number: F22515 Document Images -08/18/2011 -- Fictitious Name Filing View image in PDF format 12/15/2021 -- FictitiouView image in PDF formats Name Renewal Filing -- 06/01/2016 -- Fictitious Name Renewal Filing View image in PDF format 11 Previous on List Next on List Return to List Filing Him, Fictitious Name Search Submit C0 7er C014Hty Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (bttps://www.e-verifv.gov/) at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE, Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Company Name '1-1 Signature David B. Genson, Vice -President Print Name and Title State of Florida County of Collier The foregoing instrument was acknowledged before me by means of Q physical presence or I7 online notarization, this ll� day of -J r (month), Z0Z3 (year), by iv t n (name of person acknowledging). (Signature of Notary Public) (Print, Type, or Stamp Commissio ed Name of Notary Public) PerEqaa!!X Known OR Produced Identification :a: Type of Identification Produced = :- SABINA HARDY _• •_" MY COMMISSION # HH 343636 EaF F�,P EXPIRES: January 14, 2027 r Company ID Number: 482846 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Peninusla Improvement Corporation (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this nnnl i an i ?f n cmnl"nimant ni ithnri7atinn of LI.S. f itizens_ 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 1 E-Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov/E-Verify Company ID Number: 482845 by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non -citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DNS agrees to make available to the Employer at the E-Verify Web site and on the E-Verify Web browser, instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (USCG), Civii Rights Division, U.J. De-parmieiii of Justii.:c. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 482845 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non - match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept L1 —L IJ13" UUl.U�1�G"to iiiai contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. • If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 13 1 E-Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov/E-Verify yJ W\&6_7� Company ID Number: 482845 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 and E-Verify system compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1-9 has been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual, or in the case of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notatino the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer Page 4 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 482845 uses the E-Verify system for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non -match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firinn, or rer_.rUitment or referral Dractices because of his or her national origin or, in the case of a protected individual as defined in section 2746(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274E of the INA or Title VII may also lead to the termination of its participation in E- Page 5 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 482845 Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors with the FAR E-Verify clause agree to become familiar with and rmmnly with tha mngt recent versions of the E-Verify User Manual for Federal Contractors and the E-Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for Federal contractors with the FAR E-Verify clause. c. Federal contractors with the FAR E-Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify at the time of a contract award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, Page 6 of 13 1 E-Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov/E-Verify Company ID Number: 482845 whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor with the FAR E-Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time of enrollment in the system and after the date and selecting which employees will be verified in E-Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E-Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E-Verify clause: Employers enrolled in E-Verify for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E-Verify as other than a Federal contractor with the FAR E-Verify clause, must update E-Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E-Verify clause in E-Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E-Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E-Verify clause may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E-Verify clause may elect to verify employment eligibility of all existing employees workinn in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1-9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E-Verify clause may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E-Verify clause may also update previously completed Forms 1-9 to initiate E-Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Page 7 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 482845 Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E-Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system -generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it Page 8 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 482845 determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form i-551 or Form 1-766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non -match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E-Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. Page 9 of 13 1 E-Verity MOU for Employer I Revision Date 09/01109 www.dhs.gov/E-Verify Ly' Company ID Number: 482845 ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E-Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E-Verify clause fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E-Verify clause, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Emolover understands that if it is a Federal contractor with the FAR E-Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. Page 10 of 13 1 E-Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov/E-Verify J LA { ` Company ID Number: 482845 D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.9ov/E-Verify F-Ver'20 1�, 1` e-'- lfi'l�-, Company ID Number: 482845 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer Peninusia Improvement Corporation William Elliott ,Narne'Ploase Type or Print) ide Electronically_ Signed �01/04/2012 Signature T i late (Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Print) ElectronicallySigned__ �itle i0110412012 Signature 1 (Date u' Information Required for the E-Verify Program Information relating to your Company: Company Name:Peninusla Improvement Corporation I 2600 Golden Gate Parkway_ — Company Facili Address: I Naples FL 34105 Company Alternate Address: County or Parish: COLLIER Employer Identification Number: 592072898 F4 f� Page 12 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 482845 North American Industry Classification Systems Code: '41 Administrator: I__ Number of Employees: 110 to 19 Number of Sites Verified for: -e you verifying for more than 1 site? If yes, please provide the number of sites verified for each State: FLORIDA I site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: William B Elliott Telephone Number: (239) 262 - 2600 cat. 6802 E-mail Address: WElliuttgbarroncollier.com Name: Kathy Nichols Telephone Number: (239) 262 - 2600 eat. 6741 E-mail Address: knichols@barroncollie r.con, Fax Number: (239) 262 - 6046 Fax Number: (239) 262 - 6046 Page 13 of 13 1 E-Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov/E-Verify Employer Registration - Employer E-Verify Page 1 of 1 E-Verify Enrollment: Let's Review Before we move on to the next step in the enrollment process, let's review your selections. Exi ft� y A .� aIIIIH , Question Your Answer 1. Does your company need to verify its employees? Yes 2. Does your company have clients and need to verify their employees? No 3. 4. Does your company have a central office that needs to manage E-Verify use for multiple locations that access E-Verify? Does your company plan to develop its own software to use E-Verify? No No Based on your answers to the above questions, you've told us: Your company plans to verify the employment eligibility of its employees; and Your company plans to use the E-Verify Web site to do the verifications. We call this type of access the Employer Access Method. If this sounds like what you need — great! Just click on the'Next' button to continue. If you'd like to go back and change your selections, click on the 'Back' button to return to the previous page. Back I Next U.S. Department of Homeland Security I U.S. Citizenshin and Immigration Services Accessibility Downloai https:He-verify.uscis,gov/enrol l/StarLPage.aspx?JS=YES 1/4/2012 Employer Registration - E-Verify Page I of 1 Exit E-Verlify E-Verify Enrollment: Organization Designation Lots of organizations, from large federal agencies to small local businesses, use E-Verify. Choosing the right c organization ensures that we provide you with the right information you need to use E-Verify. Identify whether your organization is part of the federal government, state government, local government, or a contractor with or without the FAR E-Verify clause. If your organization does not fall within any of these catego 'None of these categories apply'. You can change your organization designation at any time by updating your company profile in E-Verify. Which category best describes your organization? None of these categories apply -1"'' iD We're here to help! If you are unsure which category to select, click on the help icon above or contact E-Verify Support at 888-464-4218 or E-Verify cDc1hs.gov. Back I Next U.S. Deoartment of Homeland Securitv I U.S. Citizenship and Immigration Services Acces https://e-verify.uscis.gov/enrolUSelectAccessMethod.aspx?JS=YES 1/4/2012 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the pe6lVr7aiie i_gi thIS w__lliaic.Ot aiv- i.a-ri-OAu:•Cle , r.:, Ni•.p , r min —ion i iep inrh irlinn prepare deriyatip WgrkS• - distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of tiny system; and ii. Are- no+ Used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https:l/www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the _ f. 4. 4". 4- ^II ai,f,4d nmri inants ,A,ii771wl rAceive consideration for employment without regard to dULwirace, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Peninsula Improvement Corporation dba Collier Environmental Services Date Authorized Signature EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Peninsula Improvement CorporatiRn dba Collier Environmental Services By: Signature David R c-Anson, Vice -President Name and Title 2600 Golden Gate Pkwy. Street Address Naplee 34105 City, State, Zip UEI Unique Entity Identifier (for SAM.gov verification) 7 / i` t Z 02-2 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED) MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status a'il, be ;e if ed. Un:era a statuses v, I requ`re 7= PR h7E to ei-her prc Ae a rev`sa: statement or provide scurce docu nen-a-ion that :•a idates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME 2.1•.'E FE D NUNI'-EP CON —,:.:CT DO_LA.R ANIOUrIT Peninsula Improvement Corporation 59-2072898 dba Collier Environmental Services 57HE03'.1°A'.O?'DA.t:R7F'EDC5'A::11.'9' AGED. ',�--E:qAN y' N 5THE A.v-1VI�NSF-1-.15CONTRA' 7.-.. 4I1'.iO?T'.....Rt'.Oh'E".3J5•',ESS".TEPP3;SE? OBEi 'i INN) C+ONS'Rr. -ION? Y N. GEE,'.1EE,a'r6E, OF 1A r -_ A SMALL DISAD, ALTANED315'.ESS;.ACEATIFC_TOLFFOteT1ES'.IALL5US1NE5sRIBE2 + CO'.=•:.L-AT.Ctd% 1 NCTI-EF..; N �A? Y 15 H `5 ;BVISS O`. A ;+EVISION? Y t N) F 1E5, RE'a'SICN NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/W'BE SUBCONTRACTOR OR SUPPLIER. TYPE OF WORM OR ETffNxrrY CODE I SUB/SUPPLIER PERCE ''T OF CONTRACT rcee•: NAME SPECIALTY {See Be -ow] I DOLLAR. AMOU%T I DOLLARS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBt.1ITTER David B. Genson 7/10/2023 Vice -President EMAILADDRES5 OF PRIME [5UBMTTERj TELEPHONE %UMBER FAX NUMBER. dgenson@barroncollier.com (239) 262-2600 NOTE: Th s in`orm ation is used to track and report ant::ipated DBE or "BE -.a-ticipatic n ii federal! y-fuadad co ttracts. -tie a itic pateci DBE or FABE amou it is vo' urtar: and e.ill not become pal c' the contractua'. t=-rms. This `erm 'trust be su. n tted at t r.= of -es-, anse tc a so� witavon f 3nd -Aa -n z.: arded a County contract, the .trine .A: be asked to update ti= inicrmatic•i `or the gra-it cent: lanced es. fTNNPCITY CODE 5 ad 4-me,ican BA t-ispanic American hA '.ative American NA Subccnt..As'an arrencan SAA Ls:apt-Patific:.rtencan APA Non-Vinc-i::' o-nen N 'tVv Other not o` any Omer Ercap b.sted D. SECTION TO BE COMPLETED BY COLLIER COUNTY £PA'+.-'%1EN7 NAME I CCL�EF.CC`ITP.ACTs1iF3 RFPorPOe RECI GRANTPR.OGRAM;'CONTRAC- ACCEPTED BY: I DATE EXHIBIT I - 10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000 The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Peninsula Improvement Corporation dba Collier E ironmental Services Contracj?orjFirm Name) Signature of Contractor's Authorized Official David B. Genson, Vice -President Name and Title of Contractor's Authorized Official i % (2,C 4 Date EXHIBIT I - 11 Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev. October2016) send to the IRS. Department Internal of the Treasury Revenue Service ► Go to wwwJrs.gov/F6rmW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Peninsula Improvement Corporation 2 Business name/disregarded entity name, if different from above d/b/a Collier Environmental Services 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to rn co following seven boxes. certain entities, not Inc,viduals; see instructions on page 3): a o ❑ Individual/sole proprietor or ElC Corporation ❑✓ S Corporation ElPartnership ElTrust/estate single -member LLC Exempt payee code (if any) ai c u❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `o :3 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that a is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► Appiesfo�ccountsmalnlainetlaulsldethe U.S.) y 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 2600 Golden Gate Pkwv cn 6 City, state, and ZIP code Naples. FL 34105 7 List account number(s) here (optional) • .. Taxnaver Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requesterfor guidelines on whose number to enter. Social security number _m _� or Employer identification number 5 911 2101712181918 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. orur r I Signature of Here U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/F6rmW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► 3' / S I • Form 1099-DIV (dividends, inc)uding those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type 1. ® Worker's Compensation 2. ❑ Employer's Liability 3. ❑ Commercial General Liability (Occurrence Form) patterned after the current ISO form 4. ❑ Indemnification 5. ❑ Automobile Liability Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at httns://aDDS.fldfs.com/bocexemnt/ $ single limit per occurrence Bodily Injury and Property Damage $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft 7. ❑ Bid bond $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. .....................,�........... -.W.W:.:,..._.._ .............. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. **CERTIFICATE OF INSURANCE ENCLOSED Client#: 806975 PENINIMPRO DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 6/27/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Jennifer B Angus CISR Marsh & McLennan Agency LLC _ FAx MPHO ., Ext)• WC, No): 413 North Shore Drive, SW E-MAIL ADDRESS: Jennifer.Angus@MarshMMA.com Suite E INSURER(S) AFFORDING COVERAGE NAIC # Knoxville, TN 37919 INSURER A: The Continental Insurance Company 135289 INSURED INSURER B : Peninsula Improvement Corporation DBA INSURER C : Insurance Company of the West 27847 Collier Environmental Services INSURER D 2600 Golden Gate Parkway INSURER E Naples, FL 34105 INSURER F RFVIgIAN NI IMRFR- v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IH8R ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILMY 7034287479 8/01/2022 08/01/2023 EEpAApt e EACH $1 000.000 CLAIMS -MADE IX OCCUR PREM p r . ) $100000 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 � � PRO- PRODUCTS - COMP/OP AGG POLICY X1JECT LOC OTHER: $ 2,000,000 A AUTOMOBILE LIABILITY 7034321940 8/01/2022 08/01/202 COMBINED EaaaccdentSINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB EJOCCUR CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Rr OFFICEMEMBER EXCLUDED Y / N ANY PROPRIETORIPARTNERIEXECUTIVE (Mandatory in NH) N / A WTE506896200 01/01/2023 01/01/202 X PER ORH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 23-8135 Exotic and Nuisance Vegetation Removal For any and all work performed on behalf of Collier County. Collier County is an additional insured on a primary and non-contributory basis. Thirty Days Cancellation Notice in favor of Collier County. RTIFICATE Collier Count Board of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE V 1Utf8-ZU1b AL:UKU L UKt'UKAI IVN. Hu ngncs reserveu. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S12953646/M 12605109 J KMAY Question and Answers for Bid #23-8135 -Exotic and Nuisance Vegetation Removal Overall Bid Questions Question 1 Good afternoon, Form 5 is referenced on page 10 of the Solicitation packet. However, I do not see Form 5 provided. Could you please provide a copy or example of Form 5? Thank you. (Submitted: Jun 20, 2023 11:37:18 AM EDT) Answer edit M[ • Form 5 is Grant Provisions and Assurances. Form 5 is listed on the Vendor Checklist in the Required Forms Grantfunded attachment. Please see the FEMA provisions attachment for the required Grant forms that must be submitted. (Answered: Jun 20, 2023 1:32:07 PM EDT) Question 2 Are the future projects we are qualifying for being funded through a FEMA grant or funded through the Parks and Recreation Division. (Submitted: Jun 22, 2023 9:27:16 AM EDT) Answer edit I • Projects will be funded through Parks and Recreation, however, some may have FEMA funding. (Answered: Jun 23, 2023 8:07:17 AM EDT) Question 3 Are we expected to complete and return, in its entirety, page 26-61 of the solicitation package to qualify for this solicitation? Form 5 state "If Applicable", so if it does not apply do we need to submit the Form 5 FEMA forms? (Submitted: Jun 23, 2023 12:12:05 PM EDT) Answer edit IT • You must submit the FEMA Grant Provisions Forms and you must also submit the Required Forms Grant funded. (Answered: Jun 23, 2023 2:00:00 PM EDT) Question 4 The reference request information on page 10 is clear and understood: The County requests no fewer than five (5) and no more than ten (10) completed reference forms from clients (during the last 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal." Directly below this request is another request: Provide five (5) examples of exotic vegetation projects in natural areas that demonstrate five (5) years of experience. edit Does the latter request need to include different clients and/or projects than the first? Or, is the latter request simplly used to further describe the projects associated with the Form 5 references? (Submitted: Jun 23, 2023 12:23:49 PM EDT) Answer • The proposers can include the same references as used in the reference forms. (Answered: Jun 28, 2023 7:45:17 AM EDT) Question 5 On Form 4 Reference Questionnaire: Project Budget - Is this the annual budget amount? Project Number of Days - Is this the number of days to complete the project? (Submitted: Jun 29, 2023 12:14:35 PM EDT) Answer • (Answered: Jun 29, 2023 12:27:44 PM EDT) • On Form 4 Reference Questionaire. The Project Budget is the amount of money you are given to complete the Project. Project Number of days is the amount of time it took you to complete the project. Form 4 Reference Questionnaires are to be filled out by the companies you are asking to give a reference. (Answered: Jun 29, 2023 1:04:27 PM EDT) Question 6 Do we need to provide a UEI Unique Entity Identifier (for SAM.gov verification) in order to submit the IFQ for Solicitation #23-8135? Or is a FEIN sufficient? (Exhibit 1-9) (Submitted: Jun 30, 2023 12:53:33 PM EDT) Answer • The SAM.gov system no longer uses the FEIN to verify debarment as an identifier and now uses a UEI. The UEI is issued directly through the SAM.gov website. The vendor may register for a UEI or leave the field blank on the debarment form and provide the UEI at a later time. (Answered: Jul 5, 2023 8:48:09 AM EDT) Question 7 On the Invitation for Qualifications (IFQ) Instructions, #38 LOCAL VENDOR PREFERENCE (LVP) states Any Vendor claiming local vendor preference must complete the required form and submit a Collier or Lee Business Tax receipt with their submission. Where is this form in the packet? (Submitted: Jul 5, 2023 7:16:02 AM EDT) Answer • The LVP form is not included in the Packet because Local Vendor Preference (LVP) does not apply to grant funded Solicitations. This solicitation is grant funded. (Answered: Jul 5, 2023 7:46:29 AM EDT) Question Deadline: Jul 6, 2023 5:00:00 PM EDT Print Close Acknowledgement of receipt Date 71(07-0z� edit 3 edit edit a Iff EVALUATION CRITERIA NO. 1: COVER LETTER — MANAGEMENT SUMMARY (5 Total Points Available See next page Collier Environmental. Services Lake 8.lAktiaed Mautagpmant 5pecWists July 10, 2023 Collier County Board of County Commissioners Procurement Services 3295 E. Tamiami Trail, Building C2 Naples, FL 34112 Attn: Leeann Charles RE: IFQ #23-8135 — Exotic Nuisance and Vegetation Removal Dear Ms. Charles: Peninsula Improvement Corporation dba Collier Environmental Services is pleased to submit this proposal to provide treatment and removal of exotic and other nuisance vegetation in response to the above referenced Collier County IFQ. We have extensive local experience, specialized equipment and tools, and a proven track record of completing similar projects in challenging conditions. Peninsula Improvement Corporation dba Collier Environmental Services knows that its professional team is highly qualified to assist Collier County and all other departments in the completion of their required environmental tasks. Established in March 2006, Peninsula Improvement Corporation dba Collier Environmental Services specializes in exotic and nuisance vegetation control, habitat restoration, enhancement, and management; lake and littoral management, native species planting and maintenance; and wetland monitoring and maintenance. Peninsula Improvement Corporation dba Collier Environmental Services offers the following benefits: ➢ A professional team with the tremendous labor and equipment resources to accomplish all your chemical and physical removal and management of exotic and nuisance vegetation; ➢ Relevant experience and a thorough understanding of native species and habitat conditions in Collier County and Southwest Florida; ➢ An adaptable management plan that will ensure a quick response and successful project completion on time and within budget. Peninsula Improvement Corporation dba Collier Environmental Services looks forward to the opportunity to serve Collier County by providing treatment and removal of exotic and other nuisance vegetation. Should you require additional information regarding this proposal, please contact Will Elliott at (239) 253-4735 or v Sinceleiv, 3 avid B. Genson Vice President Peninsula Improvement Corporation dba Collier Environmental Services EVALUATION CRITERIA NO. 2: EXPERIENCE AND CAPACITY OF THE FIRM (50 Total Points Available) • Experience / Qualifications • Equipment List • Reference Forms o COLLIER ENTERPRISES o FL DEPT. OF TRANSPORTATION o GREY OAKS COUNTRY CLUB o IMMOKALEE WATER & SEWER DISTRICT o PULTE HOME GROUP o RESORT MANAGEMENT GROUP o SPECIAL DISTRICT SERVICES, INC. • Projects Table — five (5) years experience Collier Environmental Services is a full -service company focused on providing quality land management of natural areas, and ecological and aquatic management services. The company was established in 2006 and has been serving both public and private projects throughout southwest Florida. The primary purpose of the company is to provide the necessary services for the restoration and enhancement of environmentally sensitive uplands, wetlands, and water bodies. Specifically, Collier Environmental Services provides the following services: • Exotic and nuisance vegetation eradication, control, and maintenance • Knowledge of southwest Florida mitigation sites and natural areas • Habitat restoration services including grading, eradication, planting, and maintenance • Aquatic weed control and management including lakes, ponds, canals, and ditches • Littoral zone planting and maintenance in lakes and ponds • Flow -way restoration through ditch and canal cleaning and construction, berm removal, and culvert installation • Mowing with both large, intermediate, and small mowers • Spraying services including a roadside sprayer, skid mounted sprayer, boat mounted spray system, airboat spray, and backpack sprayers • Heavy equipment capability • Best Management Practice Certified • Registered to conduct business with the State of Florida, Collier, Lee, Charlotte, and Hendry Counties, and the City of Naples These services are all provided in a safe, efficient, environmentally sound manner in order to successfully complete the task at hand and minimize any negative effect on the environment. Collier Environmental Services takes a broad-minded approach to handling tasks that are presented. By doing this, we consider all possible procedural options and potential project constraints before moving forward. We are experienced in handling projects under challenging conditions. Our experienced staff is professionally qualified in the areas of engineering, natural areas management, governmental affairs, agronomy, professional project management, exotic/nuisance vegetation eradication, and aquatics management. This experience allows for the development and implementation of creative, efficient, and successful operational plans. We are always looking for new and innovative ways to deal with nuisance and exotic vegetation. Budgets, schedules, and resource needs are prepared for each project before the work is started. Costs and progress are constantly monitored to make sure projects are on time, task, and within budget. If any measured condition is not within estimated performance criteria, appropriate modifications are made to correct the situation. Collier Environmental Services has a exceptional knowledge of mitigation and compliance activities required in southwest Florida and can rapidly develop and deploy plans to successfully meet all required tasks. Collier Environmental Services' experience includes projects as small as installing sod along a roadside berm to complete eradication, re -contouring, and planting of wetland systems hundreds of acres in size. The company has a successful history of completing projects of all sizes under varying conditions. Many of these projects are also currently under maintenance agreements. We have the equipment and personnel necessary to accomplish jobs with budgets ranging from $1,000 to multi -millions of dollars and have the ability to obtain performance bonds in excess of $500,000. Collier Environmental Services offers a dedicated team of highly qualified professionals with the experience, knowledge, and equipment to provide the services necessary for the Exotic and Nuisance Vegetation Removal #23-8135 Solicitation. The company has the familiarity and capability to successfully continue to deliver the projects on time and within budget. We look forward to continued pursuit of this endeavor. 2 Peninsula Improvement Corporation dba Collier Environmental Services Equipment List Eauipment Tvoe Year Make Model Owned Leased Spray Truck 2000 Ford F450 Roadside X Dump Truck 2006 GMC 3500 Silverado Dump Truck X Tractor 2021 John Deere 6105E 44 X Tractor 2007 New Holland T1520 4X4 X RTV 2022 Kubota RTV 4X4 Diesel X RTV 2006 Kubota RTV 4X4 Diesel X RTV 2014 Kawasaki Mule 500 X RTV 2015 Kawasaki Mule 500 X RTV 2017 Kawasaki Mule 500 X ATV 2015 Suzuki 500 Quad X Mower 2018 Dixie Chopper Blackhawk 50" Deck Zero Turn X Mower 2011 Dixie Chopper 48" Deck Zero Turn X Mower 2006 Rhino 15' Batwing PTO X Mower 2014 Rhino 15' Batwing PTO X Mower 2015 Rhino 15' Batwing PTO X Mower 2015 Bushhog 5' deck PTO X Aquatic Weed Cutter/Harvester 2016 Greenboat Weedoo Tigercat X Aquatic Weed Cutter/Harvester 2011 Greenboat Weedoo Tigercat X Boat Trailer 2011 Greenboat Boat Trailer X Skiff 2002 Carolina 14' Skiff with 25 hp Yamaha X Boat Trailer 2002 Supreme Boat Trailer X Boat 2015 Tracker 10' Jon Boat X Trailer 2001 Cargo 12' Enclosed Parts Trailer X Trailer 2011 18' Equipment Trailer X Trailer 2014 16' Equipment Trailer X Trailer 2018 12' Equipment Trailer X Trailer 2010 WrkSport 12' Equipment Trailer X Trailer 2006 Carry 6' Flat Plants Trailer X Sprayer 2007 Chem C 50 gallon Aquatic Sprayer X Sprayer 2007 50 gallon Weed Sprayer X Sprayer 2014 Northern 50 gallon Weed Sprayer X Sprayer 2018 Northern 50 gallon Weed Sprayer X Sprayer Echo Backpack Sprayers (15) X Generator Gas Powered Generator X Sprayer 25 Gallon Weed Sprayer (3) X Chainsaws Echo Chainsaws (4) X Air Compressor Gas Powered Air Compressor (2) X Trailer 2018 Covered Wagon 12' Cargo Trailer #CW6X12TA X Trailer 1 2018 Carry -on I Utility Landscape Trailer X Co ler C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: Peninsula Improvement Corporation dba Collier Environmental Services (Name of Company Requesting Reference Information) Will Elliott (Name of Individuals Requesting Reference Information) Name:Tony Fiore Company:Collier Enterprises (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: tfiore(a,CollierEnte rises.com FAX: 239) 263-4437 Telephone: 239 434-4031 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Exotic Vegetation Treatments Completion Date: Currently ongoin In easter Collier County Project Budget: $71,312 annual Project Number of Days: 16 days / ye Item Criteria Score must be completed 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 C0 1er C044nty Procurement Services Division Form 4 Reference Questionnaire USE ONE FORM FOR EACH REQUIRED REFERENCE Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: Peninsula Improvement Corporation dba Collier Environmental Services (Name of Company Requesting Reference Information) Will Elliott (Name of Individuals Requesting Reference Information) Name:Steven Kelly (Evaluator completing reference questionnaire) Email: fl.us FAX: Company: FL Dept. of Transportation (Evaluator's Company completing reference) 519-2762 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Mitigation Sites exotic vegetation Completion Date: Currently ongoing maintenance Project Budget: $245,000 Project Number of Days: 32 days / year Item Criteria Score must be completed 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 CoMer C0141ty Procurement Services Division Form 4 Reference Questionnaire E ONE FORM FOR FA CH RE LTIRED REFERENCE Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal renee Questionnaire for: nsula Improvement Corporation dba Collier F.m�ronmental Services fame of Company Requesting Reference Information) Elliott (Name of Individuals Requesting Reference Information) i Turner Company:Grey Oaks Country Club completing reference questionnaire) (Evaluator's Company completing I 262-0520 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were. very satisifed (and would hire the firm/individuai again) and I representing that you were very unsatisfied (and would never hire the fmiVindivdival again) . If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Wetland Preserve Maintenance at Estuary Completion Date: Currently on g and Grey Oaks Country Club Project Budget: $36,893 annual Project Number of Days: 7 days / year Y C O 7CY C014 Lty Procurement Services Division Form 4 Reference Questionnaire USE ONE FORM FOR EACH REO UIRED REFERENCE Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: Peninsula Improvement Corporation dba Collier Environmental Services (Name of Company Requesting Reference Information) Will Elliott (Name of Individuals Requesting Reference Information) Name: Sarah Catala (Evaluator completing reference questionnaire) FAX: Company: Immokalee Water & Sewer District (Evaluator's Company completing reference) Telephone: (239) 658-3630 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivddual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Wetland Preserve Maintenance Project Budget: $17.800 annual Completion Date: _Currentl�an�oin� Project Number of Days: 4 dayear Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 99 Cv 7er County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: Peninsula Improvement Corporation dba Collier Environmental Services (Name of Company Requesting Reference Information) Will Elliott (Name of Individuals Requesting Reference Information) Name:Pat Butler (Evaluator completing reference questionnaire) Email: com FAX: Company: Pulte Home Group (Evaluator's Company completing reference) 777-3512 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Winding Cypress Wetland Management Completion Date: Currently ongoing Project Budget: $75,100 annual Project Number of Days: 15 days / year Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability- to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Co -per County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE Solicitation: 23-8135 Exotic ana ivutsance vegetation munwval Reference Questionnaire for: Peninsula Improvement Corporation dba Collier Environm• ._ (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name.Tony McHugh (Evaluator completing reference questionnaire) Email: Company: Resort Management Group, Inc. (Evaluator's Company completing reference) Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm%indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "O." Project Description: Wetland Preserve Maintenance at Completion Date: Currently ongoing Autumn Woods Project Budget: S3.850 annual Project Number of Days: 4 days ;year Item Criteria Score (must be com letei 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). . 3 Quality of work. 4 Quality of consultative advice provided on the project. _ 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, re��ulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). 1 TOTAL SCORE OF ALL ITEMS Co ter COUnty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Exotic and Nuisance Vegetation Removal Reference Questionnaire for: Peninsula Improvement Corporation dba Collier Environmental Services (Name of Company Requesting Reference Information) Will Elliott (Name of Individuals Requesting Reference Information) Name:Todd Wodraska (Evaluator completing reference questionnaire) Email: FAX: Company: Special District Services, Inc. (Evaluator's Company completing reference) 561) 630-4922 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Wetland Preserve Maintenance Completion Date: Currently ongoing Project Budget: $40,650 annual Project Number of Days: 11 days / year Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 L. �+ an i z U � 0 o 0 0 L C O� Vi C C O O C O M ONO CA 2 M l L u O u � N O L a � � C N y L N y L i �a O� U _ CL co 7 ° E 4-: O i a E O d D co b W N ' ❑ - 0 cEC C 'a C R y LO C �N u o C O , eke y cOC N co v_1 Z C_ _ a` s ❑ D Y W R C. co c v p w 0 p 0 O �_� d > U Vl L E t ¢¢CL CL O R d cM0 L d C. 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O 3 aD a v a�i =a o c = V ° co) 3 a) N Q> -T tC lti ++ fA N L '_ O d N a i_ 67 ❑ = fC m = y = 0 = N � R ID d d Y co •,>� fC N V [] C �+ > M i .a Q r = E +-' f�6 a1 L. •a .�+ +' L] — V M �+ r i:+ r � •fNC a r•+ _ 23 E [C N r+ r.+ w ftl N i+ C C o° L° L m a m L. o `' `� m o° `� c `L° L `� E R `-.� y4 Cl CJ d7 py L i c ca R N Q C� �6 d. m L 2 2 fn E y`a rr ++ L N Q E N Oi an d a+ N 3 Q. cm ❑ N EVALUATION CRITERIA NO. 3: SPECIALIZED EXPERTISE OF TEAM MEMBERS (45 Total Points Available) • Organizational chart • Resumes: o William Elliott o Concepcion Escobedo o Jeremy Hardin o Bruce Laymen • Firm and Employees Licenses and Certifications Peninsula Improvement Corporation d/b/a Collier Environmental Services Organization Chart David Genson, Vice Presider Peninsula Improvement Corp/Collier Environmental Services Sabina Hardy Marcia Wilhelm Executive Assistant Ffl Executive Assistant William Elliott David Dunnavant General Manager General Contractor Concho Escobed❑ I upervisor I Jeremy Hardin I Bruce Laymen Field Supervisor Aquatic SCertified Ecologist/PWS Field Crew 1 t-1 Aquatic Technician Field Crew I ]--� Aquatic Technician Field Crew I y Aquatic Technician William Elliott, General Manager COLLIER ENVIRONMENTAL SERVICES 2600 Golden Gate Parkway Naples, Florida 34105 239-262-2600 EDUCATION PROFILE Bachelor of Science, Soil Science Mr. Elliott has been General Manager of Collier Environmental Cal Poly State University 1981 Services since 2006 and is responsible for all facets of the day to day operations of the company. The company has successfully CERTIFICATIONS completed many projects throughout south Florida dealing with exotic and nuisance vegetation removal, control, and maintenance, Certified Natural Areas Manager habitat restoration, and aquatic management. Prior to his work at University of Florida and The Nature Collier Environmental Services, he has over 20 years management Conservancy 2007 experience in agriculture production. Florida Dept. of Agriculture AREAS OF EXPERTISE Comm. Pesticide Applicator Lic. #CM18047 Natural Areas, Aquatic, Right of Way 2006, Mr. Elliott has over 20 years of experience in managing 2008, 2013 environmental and agricultural services for Barron Collier Companies. His areas of expertise include: Florida Dept. of Agriculture Priv. Pesticide Applicator Lic. #PV30942 - Project management - Aquatic management - Natural areas management - Permit compliance Certified Landscaping Contractor - Exotic and nuisance control - Water quality management Collier, Lee, Hendry Counties, City of Naples SELECTED PROJECT EXPERIENCE Leadership Collier Class of 2009 Graduate • Ave Maria University and Town Mitigation AFFILIATIONS o SSA-6 Flow -way Restoration, Collier County, Florida Project manager of 556 acre hand and mechanical exotic and Greater Naples Chamber of Commerce nuisance vegetation eradication and removal. Sheet flow was Florida Exotic Pest Plant Council enhanced through the removal of an existing farm berm and Florida Aquatic Plant Manager Society installation of 8 culvert pipes. A maintenance contract is in place. COMMUNITY ACTIVITIES o Wetland Basin Preserve Restoration, Ave Maria, Florida Project manager for 154 acres of wetland restoration within five Take Stock in Children Mentor preserves. Exotic and nuisance vegetation eradication and Immokalee High School removal by hand and mechanical means, herbicide application, planting plan development, native species planting, and EXPERIENCE maintenance contract. o Ave Maria Lakes, Collier County, Florida General f �arrager ResponsWe for coordinating and scheduling all maintenance Collier Environmental Services activities of 137 acres of Ave Maria District lakes and Master 2006 — Present Association lakes of three communities. • Grey Oaks Country Club, Naples, Florida — project manager for General Manager maintenance of 159 acres of lakes and 10 acres of wetland preserves. Coe -Collier Citrus Harvesting Work is done on a weekly basis. 2000 -2006 • Quarry Golf and Country Club, Naples, Florida — project manager for maintenance of 200 acres of lakes and littoral zones. Aquatic Manager harvesting. Silver Strand III, Silver Strand South 1989 -2000 • FDOT District One Mitigation Maintenance — project manager for maintenance of mitigation and storm water sites in FDOT District One. Maintenance herbicide sprays, exotic and nuisance removal, native planting, mowing, and litter removal are some of the required tasks. Concepcion Escobedo, Field Supervisor COLLIER ENVIRONMENTAL SERVICES 2600 Golden Gate Parkway Naples, Florida 34105 239-262-2600 PROFILE CERTIFICATIONS Mr. Escobedo has been Field Supervisor of Collier Environmental WPS Train the Trainer FL Department of Ag Services since 2006 and is responsible for the day to day scheduling and supervision of all environmental crew operations. 2003 The company has successfully completed many projects Florida Dept. of Agriculture throughout southwest Florida dealing with exotic and nuisance Comm. Pesticide Applicator Lic. #CM22405 vegetation removal, control, and maintenance, and wetland Natural Areas restoration. Prior to his work at Collier Environmental Services, he has over 10 years Foreman experience in citrus production and harvesting. AREAS OF EXPERTISE Mr. Escobedo has over 20 years of experience in scheduling and supervising crews in environmental and agricultural services for Barron Collier Companies. His areas of expertise include: Exotic and nuisance identification Spray crew scheduling - Exotic and nuisance control Safety training Spray crew supervision Floating island maintenance SELECTED PROJECT EXPERIENCE • Ave Maria University and Town Mitigation o SSA-6 Flow -way Restoration, Collier County, Florida Field foreman for a 556 acre hand and mechanical exotic and nuisance vegetation eradication and removal. Exotic EXPERIENCE and nuisance vegetation was removed from 100' around the project perimeter and "KIP" was applied internally. A Field Supervisor maintenance contract is in place. Collier Environmental Services o Wetland Basin Preserve Restoration, Ave Maria, Florida 2006 — Present Field Supervisor for 154 acres of wetland restoration project, Exotic and nuisance vegetation eradication and Harvesting Foreman removal by hand and mechanical means. All areas were Coe -Collier Citrus Harvesting then planted to native species. 2000 -2006 • FDOT District One Mitigation Maintenance —Supervisor for Harvesting Foreman maintenance of mitigation and storm water sites in FDOT Barron Collier Partnership District One. Maintenance herbicide sprays, exotic and 1999 -2000 nuisance removal, native planting, mowing, and litter removal are some of the required tasks. • Inspection and Maintenance of Floating Islands, Lakes, Rain Gardens, and Marshes — Supervisor for lake bank weed control, marsh maintenance and floating island refurbishment, repositioning, and relocation. Jeremy Hardin, Aquatic Supervisor EDUCATION University of South Florida 2006 — 2007 Palmetto Ridge High School 2006 CERTIFICATIONS Florida Dept. of Agriculture Comm. Pesticide Applicator Lic. #CM21242 Aquatic and Natural Areas EXPERIENCE Aquatic Supervisor Collier Environmental Services 2019 — current Foreman Collier Environmental Services 2012 — 2019 Aquatic Technician Collier Environmental Services 2009 — 2012 Crewmember Surety Construction 2008 - 2009 Commercial Electric JDC Electric 2007 - 2008 COLLIER ENVIRONMENTAL SERVICES 2600 Golden Gate Parkway Naples, Florida 34105 239-262-2600 PROFILE Mr. Hardin has been with Collier Environmental Services since 2009 and works on both wetland and aquatic maintenance projects. The company has many communities containing both wetland and aquatic maintenance needs under contract throughout Collier County. Mr. Hardin is an essential contributor to the successful management of our operations. AREAS OF EXPERTISE Mr. Hardin has 11 years of experience. His areas of expertise include: Exotic and nuisance identification Spray crew scheduling - Exotic and nuisance control - Safety training Spray crew supervision - aquatic harvesting SELECTED PROJECT EXPERIENCE • Ave Maria University and Town o Aquatic Maintenance, Ave Maria, Florida Aquatic technician for 137 acres of lakes in the town of Ave Maria. Exotic and nuisance vegetation control around lake perimeters and aquatic weed control within the water bodies. • Grey Oaks Country Club, Naples, Florida — lake supervisor for maintenance activities for 152 acres of lakes and littoral zones. Schedules, applies, and supervise all aquatic activities within the country club and supervises wetland activities as well. Schedules and coordinates all aquatic harvesting. Coordinates activity in Airport Road canal with the Big Cypress Basin. • Quarry Golf and Country Club, Naples, Florida - lake supervisor for maintenance activities for 200 acres of lakes and littoral zones. Schedules and supervises all maintenance activities at the site. Schedules and conducts aquatic harvesting. Liaison with CDD Board Lake Representative. Bruce C. Layman, Ecologist COLLIER ENVIRONMENTAL SERVICES 2600 Golden Gate Parkway Naples, Florida 34105 239-262-2600 EDUCATION PROFILE Bachelor of Science, Zoology, Michigan Mr. Layman served as a consulting ecologist while with Stantec State University, East Lansing, Michigan Consulting Services for over 23 years. The most recent 10 years 1988 were focused on supporting FDOT District One environmental permitting. Also during that period, Mr. Layman was under Master of Arts, Marine Science, College of contract to monitor preserves associated with the University and William and Mary, School of Marine Town of Ave Maria that were maintained and managed by Collier Sciences, Williamsburg, Virginia Environmental Services (CES). As a result, Mr. Layman and CES 1992 worked closely together to assure that the preserves remained compliant with state and federal permit requirements. In June CERTIFICATIONS 2015, Mr. Layman became directly employed by CES and he continues the preserve monitoring role as an in-house resource. Certified Ecologist (CE), Ecological Society of America AREAS OF EXPERTISE Professional Wetland Scientist (PWS), Mr. Layman has extensive experience in supporting and/or Society of Wetland Scientists managing local state and federal environmental g g permitting Certification Program projects in Southwest Florida. His areas of expertise include: Authorized Gopher Tortoise Agent, Exotic Vegetation Mapping - FLUCCS Mapping #GTA-12-00034, Florida Fish and Wildlife Preserve Monitoring - Wetland Delineation Conservation Commission Listed Species Surveys - Permit Application and Support EXPERIENCE SELECTED PROJECT EXPERIENCE Ecologist • Ave Maria University and Town Mitigation Design & Collier Environmental Services Monitoring (Lead Ecologist) * under Stantec employment 2015 — Present Responsible for designing two on -site preserve areas, totaling 73 acres, including grading plans to create open water, Senior Ecologist emergent marsh, hydric forest, and forested upland habitats. Stantec Consulting Services Supported state and federal wetland permitting and 1992 -2015 conducted four years of annual monitoring of 154 acres of on - site wetland preserves. • Ave Maria Cara Cara Mitigation Monitoring (Ecologist) * under both Stantec and CES employment Responsible for vegetation monitoring of 514-acre cara Cara preserve to maintain habitat per federal permit requirements. • Panther Passage Conservation Bank, Hendry County, Florida (Ecologist) * under Stantec employment Responsible for habitat and exotic vegetation mapping, and annual vegetation monitoring, per U.S. Fish and Wildlife Service criteria for a 4,009-acre private panther conservation bank in Hendry County. • Florida Department of Transportation (FDOT) District One Districtwide Environmental Permit Design Support Consultant (Project Manager/Ecologist/Permitter) * under Stantec employment Responsible for supporting District One Permits Department in jurisdictional determination, permit preparation and submittal, data collection, drainage design and/or evaluation, computations, field surveys, development and design of wildlife crossings, mitigation design and monitoring, post - design activities and plans preparation. Peninsula Improvement Corporation dba Collier Environmental Services Firm and Employee Licenses and Certifications License Typ Issued to Firm or Emolovee License Number FDACS Commercial Pesticide Applicator License William Elliott #CM18047 FDACS Commercial Pesticide Applicator License Concepcion Escobedo #CM22405 FDACS Commercial Pesticide Applicator License Jeremy Hardin #CM21242 Certificate in Natural Areas Management William Elliott N/A Certificate of Training Best Management Practices William Elliott #GV8634-1 Society of Wetland Scientists Professional Certification Program, Inc. Bruce Layman #1249 Stormwater Management Bruce Layman #33400 General Contractor David B. Dunnavant #CGC1519862 Landscaping Peninsula Improvement Corp. dba Collier Environmental Services #C35398 Collier County Business Tax Peninsula Improvement Corp. dba Collier Environmental Services #892192 City of Naples Business Tax Peninsula Improvement Corp. dba Collier Environmental Services #3396 Lee County Business Tax Peninsula Improvement Corp. dba Collier Environmental Services #1018538 Hendry County Business Tax Peninsula Improvement Corp. dba Collier Environmental Services #2006258472616 pariba �kwrtmtli' ar Agmulttirt anb a mmallur �crmccs prtitiride Ces Uiiratian Orrin r ('opimrrrial Appiiraiar 1.krnx l.krenx k ( Nil 8047 FR1:AItD LLL10T1. K1Ll.l Categories 5A.6 ^_ao0 COLDL^7 E VKR Y NAPLF.S, FL ';05 o Ex ires- Septemher 30, 2026 'her It, 2t�2•Zi P `/�� " " m- Si Nicou, MKKIji—" FRIED. Cvnf MI�S��IK IiA i of Cn mu at t u m,<ty re<,K, Sioriba ?3epartmmt of agrirntture anb Comgwner Aberbite5 Pesticide Certification Offite Commercial Applicator License License # CM22405 ESCOBEDO, CONCEPCION Categories PO BOX 3i01 21 IMMOKALEE, FL 34142 Issued: June 21, 2021 Expires: June 30, 2025 n ev ✓� SigrWRIIC nr i.i' NICOLE "NIKKI" FRIED, COh1't4ISSIONER nr .er• +wWiot.,n,I m�3; Jn previsiom o(Chapler 4S7,F.5. ��pe�.'h:«e arW apply rcslriered,�.e pene7ds Stanba Bepartment of Agrifulturt atib Congumcr �SWbireg Pesticide Certification Office Commercial Applicator License License # CM21242 HARDIN, JEREMY JAMES Categories 3820 47TH AVE NE SA, 21 NAPLES, FL 34120 Issued: Septrm r 2014 Expires: August 31, 2023 Si of NICOLE "NIKKI" FRIED, COWMISSIONER The I.— icdividual is Ii—I'd under she provisions f Chap- 487, F.S. apply -,ir d — VAR I"1 t �• �'� y� yi �f '[�yf ts j�OIECTJOHDepartment of UNIVERSITY of ^ tt , v• r r en ProtectionUFFLORIDA 2600 Blair Stone Road M.S. 3570 1FAS Exten5ion L(3R Ah Tallahassee, Florida 32399-2400 •.�... •Z.� -..mow= ,•--�• Congratulations on successfully completing the Florida Green Industries Best Management Practices Training Program. We greatly appreciate your participation in and successful completion of this course. We hope that it has helped you to better understand Floxida's nonpoint source pollution problems and the importance of proper design, construction, irrigation, fertilization, pest control, and maintenance of lawns and landscapes, in order to assure minimal adverse environmental effects while achieving customer expectations. Attached you will find your numbered certificate and wallet card. If there are any errors in the certificate or card, or if we can be of further assistance, please contact the GI-BMP Office of the Florida -Friendly Landscapine" Program at (352) 392-1831 ext. 243, email: gi.bmp@ifas.ufl.edu. Visit us on the web at http:J/fyn.ifas.ufl.edu/ffl_state_Office.htm. William Elliott 11759 Quail Village Way Naples, FL 34119 State of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION William Elliott GV8634-1 GV8624 Certificate # Traince ID # QREEN INOUSTRIES BEST MANAGEMENT PRACTICES TRAINING PROGRAM UNIVERSITY of rF F FLORIDA Yv ftCiRl q ' Certificate of Training I1FAs sxtersian CYV8634-1 best . :a:nageinent Practikes Certificate # Florida Green Industries V8634 Trainee ID # The undersigned hereby acknowledges that William Mott has successfully met a.Il requirements necessary to be fully trained through the Green Industries Best .Management Practices PrograTl developed by the Florida Department of Environmental Protection with the University of Florida Institute of Food and Agricultural Sciences. Donald P. Rainey S. Brown 2/10/2010 Okla - Issuer Instructor Date of Class ` DEP Program Administraror Not valid without seal O a- f6 U Ln �1 c 3 t' a) p d U N .w4J.w VI \ � V ■_ vaN v�0 u A' (n a) -0'j -0 a) W •_ c a) (a ro�`t V vim�' ` u v v �� c VO � O N 4 i •� u) m O p c = rIj vwNm v4 41 aOMM V1 C a o c � A U >, a 0m z +' > 41 C: o LL Q V U) M O 4; ■ V (� /W' Q to '— A iw�` ' — U) i O l ■ V3 ice, -C ' L a) �,� U m L V � O 0 h E a)a)zo i Q a p a cc.W L o o +: omC: a v�Ln o �-0 o o Q ._ a)v ono r :. � O V) S :r sf O' a o V v L -10 Department of Environmental Protection FLOR w. 2600 Blair Stone Road, M.S. 3510 Tallahassee, Florida 32399-2400 September 3, 2015 Congratulations on successfully completing the Florida Stormwater Erosion and Sedimentation Control Inspector Training Program. I greatly appreciate your participation in and successful completion of this course. I hope that it has helped you to better understand Florida's stormwater problems and the importance of proper design, construction, and maintenance of erosion and sediment controls during construction, in order to assure the proper long-term operation and maintenance of stormwater systems after construction is completed. Attached you will find your numbered certificate and wallet card. Please let me knot, if there are any errors in the certificate or card, or in the grading of your exam. If I can be of further assistance, please do not hesitate to contact me at 85411245-8294 or via email: halton.lunsford@dep.state.fl.us. DEPARTMENT OF ENVIRONMENTAL PROTECTION STORMWATER EROSION AND SEDIMENTATION CONTROL Bruce Layman INSPECTOR TRAINING PROGRAM Collier Environmental Services Bruce Layman 2600 Golden Gate Parkway Naples, FL 34105 Class Date Inspector ivumber August 6, 2015 33400 QUALIFIED STORMWATER MANAGEMENT INSPECTOR QUALIFIED STORMWATER MANAGEMENT INSPECTOR The undersigned hereby acknowledges that i Layman has successfully met all requirements necessary to be fully qualified through the Florida Department of Environmental Protection Stormwater Erosion and Sedimentation Control Inspector Training Program August 6, 2015 Inspector Number 33400 Beth Ali — I i z � O I L aO w _ W a Ww C Q m zp o z z C) o Q ° o Q N V m H u O 0 co W W aC }}[ � Q_ c❑C JZ ,yi, iiljiE�s !'4Y r lye �t Ln JmLL V owoO� .M U D ° a ❑mowU � tLL aci0; IZ ~ w ,cif z 2 z w va u o i w +j aW V=';�'i Q��CL w0� +� o z a z �' U h Q Z Z 1— v � �+- z o'3'' z u 3 eaH uD � .r ❑ Z w a ❑ Lu I- E' Z a z N w 0 c} W z C� u 0 O w a i V p j a0 o � E �L DRIp9 sa14 wel, � tidr,� I N w _U w J Q z w Z O O � Z 8f W L O W_ W J L O O O � U O v U Q vNI N N Z Z F.. O 0 Q o Oo d }' O n- z O — •O O 0 O U O ca M 3 Z w U U U 4-2 Lu Y a U U > W c~i� LU «f v a< o O m z M 3 Uo W —J LL o toW N m Z a. M O Z C� LLI N Q Co N N U J 00 W� a N Q Z M M U cri Q ch J a� o E O c cn c� Q p O O v s E 'am �a a � n 0a I�'C'11D 00> tli s cn H COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 892192 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 VISIT OUR W5BSITE AT: www.collisdanokciar.com THIS RECEIPT EXPIRES SEPTEMBER 30,2023 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. LOCATION: 2600 GOLDEN GATE PARKWAY FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED: CITY BUSINESS PHONE: 658-6060 LEGAL FORM PENINSULA IMPROVEMENT CORPORATION STATE OR COUNTY LIC #: 35398 Corporation COLLIER ENVIRONMENTAL SERVICES ELLIOTT, WILLIAM 1 -10 EMPLOYEES NO FERTILIZING 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 CLASSIFICATION: LANDSCAPING RESTRICTED CONTRACTOR -THIS TAX IS NON -REFUNDABLE - CLASSIFICATION CODE: 02102601 DATE 07/1512022 AMOUNT 36,00 This document is a business tax only. This is not certification that licensep is qualified. RECEIPT 502-23-00064422 It does not permit the licensee to violate any existing regulatory zoning laws of the stale, county, of des 66 nor does it exempt the licensee from any other taxes or permits that may be required by law. CITY OF NAPLES LOCAL BUSINESS TAX RECEIPT 2022-2023 Expiration Date: September 30, 2023 THIS RECEIPT MUST BE EXHIBITED CONSPICUOUSLY AT THE ESTABLISHMENT OR PLACE OF BUSINESS. IT WILL BECOME NULL AND VOID IF THE BUSINESS CLASSIFICATION, OWNERSHIP OR ADDRESS IS CHANGED UNLESS THE BUSINESS APPLIES TO THE CUSTOMER SERVICE DIVISION FOR CORRECTION. THE FOLLOWING BUSINESS HAS PAID THE REQUIRED BUSINESS TAX Business Name: COLLIER ENVIRONMENTAL SERVICES Location. Address 2600 GOLDEN GATE PARKWAY Classification: LAWN AND SHRUBBERY MAINTENANCE Issue Date: September 16, 2022 License Fee: $ 57.89 Penalty: $ 0.00 Total Paid. $ 57.89 Restriction(s): PENINSULA IMPROVEMENT CORPORATION 2600 GOLDEN GATE PKWY NAPLES, FL 34105 Comment(s): Business ID#: 3396 Reference #: 3694 THE CITY OF NAPLES CODE OF ORDINANCES, CHAPTER 34 ARTICLE III AND STATE OF FLORIDA STATUTES 205 ♦ Local Business Tax Receipt required and must be displayed. ♦ Applicable to only the location address above for the business. ♦ Any receipt obtained under this article, upon a misrepresentation of a material fact shall be deemed null and void, and the business who has thereafter engaged in any business under such receipt shall be subject to prosecution for doing business without a local business tax receipt, to the same effect and degree as though no such receipt had ever been issued. ♦ All changes require a new application and a fee of 10% of the business tax (minimum of $3 and maximum of $25). City of Naples Finance Department 1735 8t" Street South I Naples, Florida 34102 1239-213-1800 v✓�;�;.I�aI�Ic:socv.caln email- custsrv@naplesgov.com .,,¢.e Couny Tax Col tot, Noelle Branning of Local Business Tax Receipt COLLIER ENVIRONMENTAL SERVICES ELLIOTT WILLIAM B 2600 GOLDEN GATE PKWY NAPLES, FL 34105 Dear Business Owner: Your 2022 - 2023 Lee County Local Business Tax Receipt is attached below for account number / receipt: number: 1018538 / 1002075 If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, .1. 0415 "*1 Lee County Tax Collector 2022-2023 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1018538 Receipt Number: 1002075 State License Number: GV8634-1 Location: 2600 GOLDEN GATE PKWY NAPLES, FL 34105 COLLIER ENVIRONMENTAL SERVICES COLLIER. ENVIRONMENTAL SERVICES ELLIOTT WILLIAM B 2600 GOLDEN GATE PKWY NAPLES, FL 34105 Account Expires: September 30, 2023 PROFESSIONAL LANDSCAPING COMPANY THIS LOCAL, BUSINESS TAX RECEIPT IS NON REGULATORY Payment Information: PAID DP-00-00324258 07/26/2022 S 100.00 2022-23 HENDRY COUNTY BUSINESS TAX RECEIPT Issued by: Patrick B. Langford, HENDRY COUNTY TAX COLLECTOR RECEIPT NUMBER RECEIPT EXPIRES 09/30/2023 2006258472616 MACHINES ROOMS SEATS EMPLOYEES 11 BUSINESS TYPE. 471458 LANDSCAPING SUPPLEMENTAL COLL)EP ENVIRONMENTAL SERVICES X RENEWAL 4000 NEW RECEIPT COLLIER ENVIRONMENTAL SERVICES TRANSFER PENINSULA IMPROVEMENT CORPORATION 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 PENALTY 000 TOTAL 40.00 LOCATION 2600 GOLDEN GATE PARKWAY ADDRESS: NAPLES, FL 34105 X _ SIGN AND RETURN WITH PAYMENT r � 4v ai�Oi+EDR RLDEE r 05++f 550e r+a0'ET>+fin ir.Di(^ O HEREON 4ND .•'ci,! a:ri%ORRrcf lr~ 0000004000 0000004000 0000000000003606 1001 8 „EaR=.r ..,DNS'_. a,'r;'.,--a:E.:ND D <,G4DI5NLt:v:•uGrt+r.w: F,A SANDI 11LL Grow • Enhance • Restore SEALED SUBMISSION/PROPOSAL Solicitation Number: 23-8135 Solicitation Title: Exotic and Nuisance Vegetation Removal Date Due: Wednesday, July 12th, 2023 Time Due: 3:00 PM EST Submitted By: Courtney Ramsey Sandhill Environmental Services, LLC 5980 SE County Road 760 and 16150 Lee Road, Suite 115 Arcadia, Florida 34266 Fort Myers, Florida 33912 (863) 494-9737 Deliver To: PROCUREMENT SERVICES DIVISION 3925 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 COVER LETTER/ F,J SANDHILL MANAGEMENT Grow •Enhance •Restore SUMMARY At Sandhill Environmental Services, LLC, our mission is to grow, enhance, and restore Florida's native and created habitats, along with those we employ. As a distinguished leader in the industry, we furnish superior quality products and services to help steward Florida's native and created habitats. But most importantly, we endeavor to maintain the highest level of professionalism, integrity, safety, and fairness in all that we do. Sandhill Environmental Services provides a full suite of environmental maintenance and restoration services, which allows us to meet all project needs in-house, from start to finish. The environmental professionals at Sandhill take pride in providing exceptional services and upholding Sandhill's outstanding reputation as a leader in the industry. Every project — no matter how small —is carefully completed to Sandhill's high standards. Our company is extensive enough to provide a full suite of services and handle large-scale projects, but small enough to offer tailored service and cater to the unique details of each project. We also place high value on our ability to maintain positive relations with existing clients and cultivate new connections. Sandhill appreciates every opportunity to establish and grow professional business relationships. We pride ourselves on our ability to customize our services to meet each individual client's needs. Sandhill considers it an honor to receive each invitation to bid and makes every effort to maintain preferred vendor status among our clients. We understand that responsiveness, professionalism, communication, quality, and ability to adapt are important to those we serve. On behalf of Sandhill Environmental Services, LLC, I hereby acknowledge and accept the General Bid Instructions and Collier County Purchase Order Terms and Conditions relating to Solicitation 23-8135 (Exotic and Nuisance Vegetation Removal). Additionally, Sandhill acknowledges the Insurance Requirements of the aforementioned solicitation and is prepared to produce the required insurance certificate within five (5) days of the County's issuance of a Notice of Recommend Award. Signed, Tony Yacovetti Authorized contacts concerning proposal: Courtney Ramsey Email: cramsey@sandhillgrowers.com Cell: (863) 444-6015 Daphne Costa Email: office@sandhillgrowers.com Cell: (727) 648-0190 Ecological Restoration Services & Native Nursery Sales 5980 S. E. County Road 760, Arcadia, Florida 34266 • Office (863) 494-9737 • Fax (863) 494 -1364 - www.sandhillgrowers.com EJ�SANDHILL Grow • Enhance • Restore EXPERIENCE AND CAPACITY OF FIRM DESCRIPTION Sandhill Environmental Services, LLC has been providing a wide range of high -quality ecosystem restoration and management services for over 20 years. Our dedicated team of professionals strives to provide excellence and prides ourselves on our knowledge, expertise, and diversity. Our firm has the capacity to mobilize quickly and complete both small and large-scale projects within specified timeframes and specifications, all while maintaining a high standard of work. Sandhill's workload has steadily increased since its foundation, as has the growth of our company and workforce. Sandhill Environmental Services, LLC is wholly owned by our parent company, Sandhill Native Growers, Inc., which is one of the largest "all native" nurseries in Florida. Sandhill Environmental Services provides a full suite of environmental maintenance and restoration services, which allows us to meet all project needs in- house, from start to finish. Our firm has the capacity to mobilize quickly and complete both small and large- scale projects within specified timeframes and specifications, all while maintaining a high standard of work. Sandhill's workload has steadily increased since its foundation, as has the growth of our company and workforce. Sandhill Environmental Services has two offices. The first is located at 5980 SE County Road 760, Arcadia, Florida and the second is located at 16150 Lee Road, Suite 115, Fort Myers, Florida. EXPERIENCE Sandhill Environmental Services, LLC has been providing a wide range of high -quality ecosystem restoration and management services for over 20 years. Our clientele comprises public and private entities, such as Lee County Natural Resources, Lee County Parks and Recreation 20/20, Indian River County, Stock Development, Florida Fish and Wildlife Conservation Commission, South Florida Water Management District, Lennar, Pulte, Habitat for Humanity, Florida Power & Light, and many more. Sandhill has successfully completed a wide variety of environmental projects, including but not limited to: • Natural areas weed management • Herbicide treatment of invasive exotic and nuisance plants • Mechanical removal of invasive exotic and nuisance plants • Upland and wetland native plant installation • Lake and littoral shelf plant installation • Routine preserve area maintenance • Removal of vegetative and non -vegetative debris from creeks and waterways • Light grading or excavation as needed for environmental projects • Environmental compliance assistance Sandhill Environmental Services, LLC has 60 employees including 9 crews. We foster the development of our employees as professionals through job site training, continuing education, tuition reimbursement, and in-house advancement whenever possible. The professionals at Sandhill are experts in exotic, nuisance, and native plant identification. We have several team members with Florida Department of Agriculture and Consumer Services (FDACS) Pesticide Commercial Applicator Licenses in both Natural Areas Weed Management and Aquatic Pest Control categories. This key skill allows our team to effectively perform precise removal and treatment methods while minimizing non -target damage to native vegetation. We also have a machine operator who is skilled in operating heavy machinery for jobs that require grinding or mulching. FINANCIAL STRENGTH Sandhill Environmental Services, LLC has a bonding capacity of over $1,000,000. Sandhill also has lines of credit through multiple major financial institutions. Firm Name: Sandhill Environmental Services, LLC Equipment List Equipment Ty e Year Make Model Owned Leased Truck 2016 Ford F350 X Truck 2017 Ford F350 Flatbed X Truck 2012 Chevy 1500 X Truck 2013 Ford F350 X Truck 2017 Ford 150 Lariat Powerstroke X Truck 2015 Ford F350 X Truck 2017 Isuzu NRR 5.2L Engine X Truck 2016 Ford F350 X Truck 2017 Toyota Tacoma SR5 4x4 Crew Cab X Truck 2017 Ford F250 XL X Truck 2019 Toyota Tacoma SR5 4x4 Crew Cab X Truck 2017 Ford F350 Super Duty X Truck 2019 Ford F250 Super Duty X Truck 2017 Ford F250 X Truck 2019 Ford F250 Super Duty X Truck 2020 Isuzu NPR XD X Truck 2020 Ford F250 Super Duty SRW X Truck 2020 Ford F150 XLT Powerstroke X Truck 2020 Ford F250 Crew Cab X Truck 2022 Ford F 150 Lariat Sport Crew Cab X Truck 2022 Ford F350 Crew Cab X Truck 2022 Ford F350 Crew Cab X Truck 2022 Ford F350 Crew Cab X Truck 2022 Ford F350 Crew Cab X Truck 2022 Ford F350 Crew Cab X Truck 2022 Ford F350 Crew Cab X Truck 2020 Ford Transit Van 350 X Truck 2023 Toyota Tacoma Extended Cab X Truck 2023 Ford F550 X RTV 2016 Kubota RTV X900G-H X RTV 2016 Kubota RTV X900G-H X RTV 2017 Kubota RTV X900G-H X RTV 2017 Kubota RTV X900G-H X RTV 2017 Kubota RTV X900G-H X RTV 2017 Kubota RTV X900G-H X RTV 2019 Kubota RTV X900G-H X RTV 2021 Kubota RTV X1140 X RTV 2021 Kubota RTV X900G-H X RTV 2021 Kubota RTV X900G-H X RTV 2021 Kubota RTV X900 W-H X RTV 2021 Kubota RTV X900G-H X RTV 2022 Kubota RTV X900W-H X RTV 2023 John Deere TX Gator 4x2 X ATV 2016 Honda Foreman 500 X ATV 2017 Honda Foreman TRX500FMIH X ATV 2019 Honda Foreman TRX500FMlK X ATV 2019 Honda Foreman TRX500FMlK X ATV 2020 Honda TRX 520FML6L RED X ATV 2021 Honda TRX420FMI X ATV 2022 Honda TRX420FM1 CAMO X ATV 2022 Honda TRX420FMlN X ATV 2022 Honda TRX420FMlN X ATV 2022 Honda TRX420FMIN X ATV 2022 Honda TRX420FMIN X ATV 2022 Honda TRX420FMlN X ATV 2021 Honda TRX520FE2 X ATV 2023 Honda TRX420 X ATV 2023 Honda TRX420 X ATV 2023 Honda TRX520 X ATV 2023 Honda TRX520 X ATV 2022 Honda Rancher TRX420FA X Tractor 2005 John Deere 3720 W/300CX Tractor X Tractor 2008 Kubota Kubota L3940 X Tractor 2016 John Deere 1025R Sub Compact Util Tract X Tractor 2017 John Deere 1025R Sub Compact Util Tract X Tractor 2019 Kubota MX5800 HST X Tractor 2021 Kubota M7060 HDC X Tractor 2023 Kubota M5111HDC X Tractor 2023 Kubota L3902HST X Loader 2013 Caterpillar 257B3 Loader X Loader 2018 Caterpillar 249D Loader X Loader 2017 Caterpillar 239D Loader X Loader 2018 Caterpillar 299D2 XHP Loader X Loader 2020 Caterpillar 226 D3 X Loader 2022 Caterpillar 299 D3XELM2 X Loader 2022 Su erTrak SK190RTL w/ Fecon X Swamp Buggy N/A N/A N/A X Swamp Buggy N/A Chevy N/A X Swamp Buggy N/A Ford N/A X Swamp Buggy N/A N/A N/A X Trailer 2007 HAULMARK A -OK TRAILER X Trailer 2006 CARX Dump TRAILER X Trailer 2005 ROLLSRITE X Trailer 2003 White Box Trailer w/o shelves X Trailer 2003 ODell Trailer X Trailer 2005 Water Trailer X Boat Tracker Jon Boat X Boat DBK Airboat X Boat 2013 Aluminum Barges Barge X Mower Head Denis Chimaf Forestry mower head X Mower Head Fecon Forestry mower head X Mower Head Fecon Forestry mower head X Grove/Ditch Grove/Ditch Sprayer X Sprayer Boom Sprayer Boom Sprayer X Mower Batwing X Mower Grasshopper Riding Mower X Auger 8 Stihl Auger X Chainsaw 9 Stihl Chainsaw X Blower Stihl Blower X Backpack Stihl Backpack Sprayer X S ra er 30 Handheld Handheld Sprayer (36) X Sprayer 36 1025-gallon 1025-gallon tandem axle water trailer water trailer X 500-gallon Chemical 500-gallon water tank X water tank Containers 525-gallon Chemical 525-gallon water tank X water tank Containers 200-gallon Chemical 200-gallon water tank X water tank Containers 100-gallon Chemical 100-gallon water tank X water tank Containers 50-gallon Chemical 50-gallon water tank X water tank Containers Collier County Co ie-r County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: Sandhill Environmental Services, LLC (Name of Company Requesting Reference Information) Courtney Ramsey (Name of Individuals Requesting Reference Information) Name: Chris Johnson (Evaluator completing reference questionnaire) Email: com FAX: Company: Stock Development, LLC (Evaluator's Company completing reference) Solicitation 23-8135 449-5225 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Caymas Exotic Maintenance (on -site) Completion Date: 5/24/22 Project Budget: $23,255.00 Project Number of Days: 5 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 6/9/2023 3:15 PM p. 25 Collier County Co ie-r County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: Sandhill Environmental Services, LLC (Name of Company Requesting Reference Information) Courtney Ramsey (Name of Individuals Requesting Reference Information) Solicitation 23-8135 Name: Jennifer Hubbard Company: Lee County Natural Resources Division (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: .com FAX: 239-485-8408 Telephone: 239-533-813 8 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Fichter's Creek Filter Marsh Project Completion Date: 2/6/22 Budget: $9,454.00 Project Number of Days: 1 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 6/9/2023 3:15 PM p. 25 Collier County Co ie-r County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: Sandhill Environmental Services, LLC (Name of Company Requesting Reference Information) Courtney Ramsey (Name of Individuals Requesting Reference Information) Name: Lee Waller (Evaluator completing reference questionnaire) Email: LWaller@leegov.com FAX: Company: Lee County Conservation 20/20 (Evaluator's Company completing reference) Solicitation 23-8135 Telephone: (239) 707-0862 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Prairie Pines Preserve Completion Date: 4/2/22 Project Budget: $58,016.00 Project Number of Days: 22 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. N/A not part of scope 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 90 6/9/2023 3:15 PM p. 25 Collier County Co ie-r County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: Sandhill Environmental Services, LLC (Name of Company Requesting Reference Information) Courtney Ramsey (Name of Individuals Requesting Reference Information) Name: Pat Butler Company: PulteGroup (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Patrick. FAX: Solicitation 23-8135 777-3512 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Terreno at Valencia Mitigation Work & Supplemental Plantings Completion Date: 11/17/22 Project Budget: $233,601.00 Project Number of Days: 70 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 6/9/2023 3:15 PM p. 25 Collier County Co �le-r C014V1ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8135 Reference Questionnaire for: Sandhill Environmental Services, LLC (Name of Company Requesting Reference Information) Courtney Ramsey (Name of Individuals Requesting Reference Information) Name: Kathleen Dailey Meneely (Evaluator completing reference questionnaire) Email: lW Solicitation 23-8135 Company: Blue Lake Community Development District (Evaluator's Company completing reference) l) 875-4195 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Vista Blue Mitigation Area J Maintenance Completion Date: 12/23/22 Project Budget: $39,800.00 Project Number of Days: 6 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). /10 2 Ability to maintain project schedule (complete on -time or early). Zd 3 Quality of work. i f1 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. / 10 Overall comfort level with hiring the company in the future (customer satisfaction). /,j TOTAL SCORE OF ALL ITEMS 6/9/2023 3:15 PM p 25 Provide five (5) examples of exotic vegetation projects in natural areas that demonstrate five (5) years of ex erience. Original Final Number Project Description Client Name Start Original Final End Project Project of Date End Date Date Amount Amount Change Orders 2022- Vista Blue Mitigation Area Exotic Blue Lake Community Mar 2022 Sept 2022 Sept 2022 $123,900 $123,900 0 Maintenance (Estero, FL) Development District Hand removal/treatment of FISC Category 1 and Kathleen Meneely 2 invasive exotic vegetation and dog fennel kmeneely@sdsinc.org (Eupatorium capillifolium) within 299 acres of (941) 875-4195 conservation easement area. Treatment methods included foliar, hack -and -squirt, cut stump, basal bark and poodle -cut utilizing EPA -approved herbicides and tracer dye. Prescriptions included a mix of Roundup Custom and Induce pH (adjuvant) or Garlon 4 Ultra and Impel Red (basal oil). Sandhill also conducted the initial removal/treatment activities within the preserve areas circa 2019 as contracted by the developer (Lennar) before maintenance was turned over to the CDD. Initial removal activities included mechanical removal via feller buncher and forestry mower in densely infested areas, and hand removal among primarily native areas. Sandhill also supplied and installed native trees, shrubs, and ground covers to restore areas to their respective upland and wetland habitat types. 2021 — Stump Pass State Park Maintenance Florida Department of Feb 2021 Mar 2021 Mar 2021 $23,746 $23,746 0 (Englewood, FL) Environmental Protection Treatment of invasive plants within 62 acres on Bilal Ansari Peterson Island at Stump Pass Beach State Park. bilal.ansari@floridadep.gov Notable exotic species included beach naupaka, (407) 314-5030 schefflera, Brazilian pepper, Australian pine, and carrotwood. Treatment methods included basal bark or cut stump for trees and shrubs, and foliar for grasses. Small seedlings/saplings were allowed to be hand -pulled and bagged or hung on branches of surrounding trees. Sandhill accessed this island daily utilizing our barge, which transported personnel and equipment from the mainland to the island and back. Materials used included machetes, handheld sprayers and Stihl SG 20 backpack sprayers. 2020 — Hacienda Phase A Initial Exotic Removal Hacienda Development Dec 2019 Dec 2021 Dec 2021 $1,393,289 $1,393,289 0 and Routine Preserve Maintenance (Naples, FL) Group/FL Star Enhancement and restoration of mitigation area David Torres through FISC Category 1 and 2 invasive exotic david@torrescompanies.com vegetation removal/treatment. Work methods (239) 732-5170 included initial mechanical removal of exotic vegetation within 224 acres, hand removal/treatment of exotic vegetation within 490 acres and installing native upland and wetland vegetation within 224 acres. Notable exotic species removed included melaleuca, Brazilian pepper, Lygodium sp., earleaf acacia, West Indian marsh grass and more. Two semi-annual exotic maintenance events conducted after the initial exotic removal were also included in the scope of work. Sandhill worked closely with the environmental consultant to bring the project back into compliance with the regulatory agencies. The project currently maintains its in -compliance status. Materials used included a Cat 299D2 XHP skid steer with grinding head attachments, Denis Cimaf forestry mulcher, feller buncher, log skidder, horizontal grinder, large tree chipper, track hoe, Kubota X900 G-H RTVs, Honda Foreman ATVs, handheld Stihl augers, Stihl MS 250 chainsaws, machetes, and Stihl SG 20 backpack sprayers. Sandhill used a team of twenty-four to complete the project. 2019 — Timber Creek Initial Exotic Removal and Lennar Homes, LLC Jun 2019 Feb 2020 Feb 2020 $481,283 $481,283 0 Native Plantings (Fort Myers, FL) Mechanical removal of large exotic trees (i.e., Ashley Kingston melaleuca, earleaf acacia) within 90 acres of ashley.kingston@lennar.com densely infested preserve areas via feller buncher (239) 225-6914 and forestry mulcher. Exotic debris was chipped and hauled off -site. Hand removal/treatment of Category 1 and 2 exotic vegetation within 93 acres of less densely infested native habitats. Methods included girdling, hack -and -squirt, cut stump and foliar. EPA -approved herbicides were applied to prevent regrowth of exotic vegetation. After initial exotic removal/treatment, Sandhill supplied and installed native upland and wetland material to restore mechanical removal areas to native habitat. Native plants included 13,000+ trees, 3,000+ shrubs, and 340,000+ ground covers. 2018 — Edison Farms Area 2 Exotic Treatment Lee County Dept. of Parks May 2018 May 2018 Jul 2018 $144,601 $144,601 0 (Bonita Springs, FL) and Recreation Single treatment of Category 1 and 2 FISC-listed Lee Waller exotic plants within 383 acres with no known (239) 707-0862 previous treatments. The treatment area contained LWaller@leegov.com various levels of infestation ranging from relatively intact cypress areas to highly disturbed melaleuca monocultures. Other notable exotics included Brazilian pepper and Old World climbing fern. Treatment methods included basal bark, cut stump, and foliar herbicide application. Herbicides were required to be applied by a state certified applicator (or under the supervision of one) in a manner as to protect non -target species. A project summary detailing dates, prescriptions, species, and acreage was required to be submitted. F,A SANDHILL Grow • Enhance • Restore Daphne Costa Executive Assistant Isaac Arevalo Project Manager Crew Leaders (each leads a team of 4-5 crew members): Arcenio Lopez Aparicio Carlos Marin Morales Ezequiel Ortiz Fransisco Nava Limon Froylan Martinez Levi Dominguez Martin Guerrero Ortiz Pedro Perez Lopez Tommy Hernandez Jr. AlEt Tony Yacovetti President & CEO x, Chris Holly COO SPECIALIZED EXPERTISE OF TEAM MEMBERS Lauren Edinger VPO Andy Kisela ;..;.' Lead Project Courtney Ramsey Manager' Estimator Y i Josh Southwell Project Manager Anthony "AJ" ' Genco Machine Operator ANTHONY 'TONY' YACOVETTI ABOUT Owner and operator of a successful and respected environmental services company and native plant nursery. Experienced, knowledgeable leader in the industry of enhancement and restoration of natural areas. Specializing in cultivation, harvest, and installation of Florida native plant species. CONTACT PHONE: (863) 494-9737 LINKEDIN: www.linkedin.com/in/tony-yacovetti- a5347a36/ EMAIL: Tony@SandhillGrowers.com SKILLS • Company oversight and authorizations • Management of financials • Contract execution and control • Workload projection • Company leadership • Large-scale project planning • Identification of Florida native and invasive plant species • Client relations • Project estimating • Project management • Business development N�SANDHILL Grow • Enhance • Restore FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Commercial Applicator License #CM26738 Aquatic Pest Control Natural Areas Weed Management FLORIDA ASSOCIATION OF NATIVE NURSERIES GIANT WORLDWIDE EXECUTIVECORE (2016) U.S. DEPARTMENT OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION Certificate of Training (2023) fUUNULH SANDHI LL NATIVE GROWERS, INC. 2003 -PRESENT Uphold Sandhill's overarching mission to steward Florida's native and created habitats by ensuring exceptional services in ecosystem restoration, natural area management, and environmental compliance assistance. Parent company of three divisions including native growers, garden center, and two environmental services offices (Arcadia and Fort Myers). General management of corporate financials, business licenses and insurance, etc. Foster growth and diversification of employees, services, and products. MANAGING MEMBER SANDHILL ENVIRONMENTAL SERVICES, LLC 2006 -PRESENT Establish and communicate Sandhill's mission and company culture. Management and control of company financials, project contracts, business licenses and insurance, etc. Direct overall mode of company operations and structure. Authorize accounts payable/receivable, company budgets, capital investments and growth. Guide and coordinate with Chief of Operations and Vice President of Operations with regards to their respective duties and responsibilities. OWNER GOOD ROOTS NURSERY 2016 - 2023 General oversight of company financials and operations. Good Roots Nursery provides a variety of plants, pottery, and garden products, specializing in Florida native plant species. WEST COAST DIVISION MANAGER AQUATIC WEED CONTROL 2000 - 2006 Managed various environmental projects. Provided project estimates. Participated in business development. Lead a team of over 20 project managers, crew leaders, and laborers. CHRISTOPHER HOLLY ABOUT Passionate, knowledgeable professional in the horticulture field, specializing in Florida native plants. Over fifteen years of experience in horticulture, including nursery management, operations, and leadership. CONTACT PHONE: (863) 494-9737 LINKEDIN: www.linkedin.com/in/chris-holly- a3368412a EMAIL: ChrisHolly@SandhillGrowers.com SKILLS • Company operations oversight • Development of company processes • Native plant cultivation and harvest • Inventory and fleet supervision • Large-scale project planning • Client relations • Project estimating • Project management • Company leadership EJ�SANDHILL Grow • Enhance • Restore INTERNATIONAL SOCIETY OF ARBORICULTURE Certified Arborist FL-6418A (2012 - 2021) DEPARTMENT OF ENVIRONMENTAL PROTECTION Best Management Practices (2012 - Present) FLORIDA ASSOCIATION OF NATIVE NURSERIES Treasurer (2015 - Present) GIANT WORLDWIDE EXECUTIVECORE (2016) TRAIN THE TRAINER CERTIFICATE (2017 - PRESENT) FLORIDA NURSERY, GROWERS AND LANDSCAPE ASSOCIATION The Landscape Show Committee Vice Chairman (2019 - Present) CHIEF OPERATING OFFICER SANDHILL ENVIRONMENTAL SERVICES, LLC MAY 2009 - PRESENT Uphold Sandhill's mission to steward Florida's native and created habitats by providing exceptional services in ecosystem restoration, natural area management, and environmental compliance assistance. Supervision of administrative functions and operations. Establish company policies that promote company culture and vision of the CEO. Oversight of accounts payable/receivable and company budgets, including capital investments and growth. Maintain company records regarding fleet, inventory, chemicals, and human resources. Ensure implementation of Worker Protection Standards. Design, install, and man tradeshow booths to represent Sandhill. NURSERY ASSOCIATE HJ BENKEN FLORIST AND GREENHOUSE Maintained and imported nursery inventory. Designed and implemented marketing of retail garden center. Managed client services and relations. Assisted with vision and design of clients' interior and exterior landscape. BACHELOR OF APPLIED SCIENCE, HORTICULTURE UNIVERSITY OF CINCINNATI, CINCINNATI, OHIO 2009 LAUREN EDINGER ABOUT Well organized, responsive, and driven leader in the environmental field. Over eight years of experience as an environmental professional, including operations, project management, and company leadership. CONTACT PHONE: (863) 494-9737 LINKEDIN: www.Iinkedin.com/in/Iaurenedinger EMAIL: LEdinger@SandhillGrowers.com SKILLS • Company operations oversight • Development of company processes • Client relations • Project estimating • Project management • Company leadership • Qualified Expert Witness in wetland ecology and listed species • Development, interpretation, and implementation of preserve area management plans and project scopes rl�SANDHILL Grow • Enhance • Restore FLORIDA ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS Member (2014 - Present) Board Member (2014 - 2016) SOUTHWEST FLORIDA ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS Member (2014 - Present) Nominations Committee Chair (2016 - 2022) President (2014 - 2016) URBAN LAND INSTITUTE Women's Leadership Initiative Steering Committee Member (2019 - 2021) LEE BUILDING INDUSTRY ASSOCIATION Wetland Policy Committee (2020 - 2021) U.S. DEPARTMENT OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION Certificate of Training (2023) VICE PRESIDENT OF OPERATIONS SANDHILL ENVIRONMENTAL SERVICES, LLC OCTOBER 2021 - PRESENT Uphold Sandhill's mission to steward Florida's native and created habitats by providing exceptional services in ecosystem restoration, natural area management, and environmental compliance assistance. Develop business and client relationships. Manage a team of project managers and project estimators to achieve excellent and efficient company output and operations. Ensure overall client satisfaction. SENIOR ECOLOGIST PASSARELLA & ASSOCIATES, INC. JANUARY 2014 - OCTOBER 2021 Managed projects ranging from thousands of acres to one acre. Conducted environmental due diligence studies, wetland delineations, mitigation design, feasibility studies for wetland mitigation banks and species compensation banks, listed species surveys/relocations, wetland monitoring, and public hearing testimony. Coordinated with teams of engineers, planners, attorneys, etc. to obtain local/state/ federal entitlements. Developed and maintained relationships with clients (public and private sectors), and personnel of government agencies and non -government organizations. EMPHASIS IN ENVIRONMENTAL STUDIES FLORIDA STATE UNIVERSITY, TALLAHASSEE, FLORIDA 2012 JOHNANDY KISELA MISSION Uphold Sandhill's mission to steward Florida's native and created habitats by providing exceptional services in ecosystem restoration, natural area management, and environmental compliance assistance. CONTACT PHONE: (863) 494-9737 EMAIL: Andy@SandhillGrowers.com SKILLS • Client relations • Project estimating • Project management • Team leadership • Fleet maintenance • Equipment operation • Mechanical removal • Herbicide application • Native plant installation • Enforce proper safety practices • Native and invasive plant species ID EJ�SANDHItL Grow • Enhance - Restore FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Commercial Applicator License #CM25282 Natural Areas Weed Management U.S. DEPARTMENT OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION Certificate of Training (2021) COMMERCIAL DRIVER'S LICENSE FLORIDA FOREST SERVICE CERTIFIED PILE BURNER LEAD PROJECT MANAGER SANDHILL ENVIRONMENTAL SERVICES, LLC SEPTEMBER 2017 - PRESENT Supervision of project managers and crews during active projects. Weekly scheduling and oversight of fieldwork. Communicate project expectations, timelines, safety measures, and appropriate methods to project managers. Identify and make recommendations to promote overall efficiency and improve operations in the field. Implementation and enforcement of company safety program and Best Management Practices. Monitor company chemical inventory and usage. Manage and maintain company shop, tools and equipment, fleet, and inventory/supplies. Train project managers. Identify and address any issues that may arise during project planning and implementation. Communicate with clients, site managers, and agency personnel regarding current and future projects. AGRICULTURAL TECHNICIAN AND MECHANIC FLORIDA INSTITUTE OF FOOD AND AGRICULTURAL SCIENCES Maintained and managed hay fields and production. Managed and maintained mechanic shop. ASSOCIATES OF SCIENCE, ANIMAL SCIENCE ABRAHAM BALDWIN AGRICULTURAL COLLEGE 2009 COURTNEY RAMSEY MISSION Uphold Sandhill's mission to steward Florida's native and created habitats by providing exceptional services in ecosystem restoration, natural area management, and environmental compliance assistance. CONTACT PHONE: (863) 494-9737 EMAIL: cramsey@sandhiIIgrowers.com SKILLS • Project estimating • Project management • Client relations • Team leadership • Native and invasive plant species ID • GIS mapping • Development, interpretation, and implementation of preserve area management plans and project scopes EJ�SANDHILL Grow • Enhance • Restore FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Commercial Applicator License #CM27742 Natural Areas Weed Management U.S. DEPARTMENT OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION Certificate of Training (2023) FLORIDA ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS Member (2020 - 2022) WILDLANDS CONSERVATION Authorized Gopher Tortoise Agent (2021) ESTIMATOR SANDHILL ENVIRONMENTAL SERVICES, LLC OCTOBER 2022- PRESENT Receive and respond to requests for bids, proposals, and qualifications. Review and comprehend all correspondence and documents related to estimate. Identify inconsistencies/ ambiguity and obtain clarification on scopes of work and methodologies. Interact with and maintain positive client relationships. Document estimate scope, notes, bid tabulations, and awards. Track actual costs relative to estimated costs as project develops. ENVIRONMENTAL CONSULTANT EARTH TECH ENVIRONMENTAL 2020-2022 Conducted environmental due diligence studies, wetland delineations, feasibility studies for wetland mitigation banks and species compensation banks, listed species surveys/ relocations, mangrove monitoring, and turbidity monitoring. Developed and maintained relationships with clients (public and private sectors). BACHELOR OF ARTS, ENVIRONMENTAL STUDIES FLORIDA GULF COAST UNIVERSITY, FORT MYERS, FLORIDA 2018 MASTER OF SCIENCE, ENVIRONMENTAL SCIENCE FLORIDA GULF COAST UNIVERSITY, FORT MYERS, FLORIDA 2020 ISAAC AREVALO MISSION Uphold Sandhill's mission to steward Florida's native and created habitats by providing exceptional services in ecosystem restoration, natural area management, and environmental compliance assistance. CONTACT PHONE: (863) 494-9737 EMAIL: IArevalo@SandhillGrowers.com SKILLS • Project estimating • Project management • Team leadership • Equipment operation • Mechanical removal • Herbicide application • Native plant installation • Implement proper safety practices • Native and invasive plant species ID • Equipment maintenance/repair • NPDES practices and compliance 01SANDHILL Grow • Enhance • Restore FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Commercial Applicator License #CM23996 Aquatic Pest Control Natural Areas Weed Management CPR CERTIFICATION PROJECT MANAGER SANDHILL ENVIRONMENTAL SERVICES, LLC MARCH 2O22 - PRESENT Daily coordination and supervision of crews and sub -contractors. Inspection of work to ensure project quality and completion. Implementation of company safety program and Best Management Practices. Mixing chemicals and monitoring chemical usage. Equipment operation and hauling. Field maintenance of equipment as needed. Complete daily work reports. SUPERVISOR/AQUATICS AND NATURAL AREAS TECHNICIAN BONITA BAY GROUP Supervise crews to conduct restoration of natural areas. Removal and treatment of invasive exotic and nuisance vegetation. FIELD OPERATIONS MANAGER MILBORNE, LLC Supervised invasive exotic plant removal within natural areas, rights -of -way, and waterbodies. Installed native vegetation. Assisted in project estimating. Completed daily work reports. STORMWATER FIELD CONSULTANT ALPHA EMC Conducted NPDES site evaluations. Verified compliance with stormwater permits and utilization of proper sediment and erosion control practices at construction sites. EROSION CONTROL SUPERVISOR LAKE AND WETLAND MANAGEMENT Supervised installation of erosion control systems (DredgeSOX). Stabilization of shorelines via planting or sodding. Communicated with clients. Applied aquatic herbicides. IMMOKALEE HIGH SCHOOL, IMMOKALEE, FLORIDA 2001 JOSHUA SOUTHWELL MISSION Uphold Sandhill's mission to steward Florida's native and created habitats by providing exceptional services in ecosystem restoration, natural area management, and environmental compliance assistance. CONTACT PHONE: (863) 832 3572 EMAIL: JSouthwell@sandhillgrowers.com SKILLS • Project management • Team leadership • Equipment operation • Mechanical removal • Herbicide application • Native plant installation • Implement proper safety practices • Native and invasive plant species ID • Equipment maintenance/repair 01SANDHILL Grow • Enhance • Restore FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Commercial Applicator License #CM27617 Natural Areas Weed Management COMMERCIAL DRIVER'S LICENSE PROJECT MANAGER SANDHILL ENVIRONMENTAL SERVICES, LLC JUNE 2022 - PRESENT Daily coordination and supervision of crews and sub- contractors. Inspection of work to ensure project quality and completion. Implementation of company safety program and Best Management Practices. Mixing chemicals and monitoring chemical usage. Equipment operation and hauling. Field maintenance of equipment as needed. Complete daily work reports. B ACID OPERATOR MOSAIC February 2014 to MAY 2022 Run automated equipment through specialized computer system. Perform sample measurements to insure quality control. Perform start up/shut down procedures and insure proper lockout/tag out for operational equipment. Maintain OSHA regulations to insure safety. HIGH SCHOOL DIPLOMA HARDEE SENIOR HIGH SCHOOL, WAUCHULA FLORIDA 2003 ANTHONY GENCO MISSION Uphold Sandhill's mission to steward Florida's native and created habitats by providing exceptional services in ecosystem restoration, natural area management, and environmental compliance assistance. CONTACT PHONE: (863) 263-5081 EMAIL: AGenco@sandhillgrowers.com SKILLS • Equipment operation • Mechanical removal • Implementing proper safety practices • Equipment maintenance and repair • Native and invasive plant species ID EJ�SANDHILL Grow • Enhance • Restore HEAVY EQUIPMENT CERTIFIED OSHA CERTIFIED 40-HOUR HAZWOPER CERTIFIED EQUIPMENT OPERATOR SANDHILL ENVIRONMENTAL SERVICES, LLC MARCH 2O23 - PRESENT Operate heavy equipment in a efficient and safe manner. Perform regular scheduled maintenance on all equipment. Operate skid steer, excavator, tractor, dump truck and other pieces of equipment. OWNER/OPERATOR GENCO WELDING & EXCAVATING, LLC MAY 2021- 2023 Operated heavy equipment in a efficient and safe manner. Performed regular scheduled maintenance on all equipment. Operated skid steer, excavator, tractor, dump truck and other pieces of equipment. DIPLOMA FALCONER CENTRAL SCHOOL, FALCONER, NY 2016 Florida Department of Agriculture and Consumer Services Pesticide Certification Office This card is your license. It authorizes you, the license holder, to purchase and apply Restricted Use Pesticides (RUPs). Please sign your card and keep it with you => when applying or purchasing RUPs. ffloriba ;kpartment of agriculture anb Congumer *erbiteg Pesticide Certification Office Commercial Applicator License License # CM26738 YACOVETTI, ANTHONY R 5980 SE CR 760 ARCADIA, FL 34266 Issued: August 18, 2020 Categories 21 Expires: August 31, 2024 n i au -4-� Signature of Licensee NICOLE "NIKKI" FRIED, COMMISSIONER The above individual is licensed under the provisions of Chapter 487, F.S. to purchase and apply restricted use pesticides. To renew a pesticide applicator license, applicators must first become recertified. Recertification is accomplished by either retaking the certification exams or accumulating Continuing Education Units (CEUs). See Table 2 in the Pesticide Applicator Certification and Licensing in Florida handbook located at http://pested.ifas.ufl.edu/pdfs/Pesticide-Applicator-Cert-Licensing.pdf for information on Recertification. The bottom two cards are for your Authorized Purchasing Agents (APAs). Please sign the card in the space provided and give to your APA to sign. APAs are => authorized to purchase RUPs. For questions, comments or concerns, Contact us at: Florida Department of Agriculture and Consumer Services Pesticide Certification Office 3125 Conner Blvd, Bldg 8 Tallahassee, FL 32399-1650 Phone: (850) 617-7870 Fax: (850) 617-7895 M gloriba i3epartment of agriculture aub Cmoumer 6erbitto Pesticide Certification Office Commercial Applicator License License # CM25282 KISELA, JOHN ANDREW Categories 3114 NW HWY. 70 21 ARCAD, FL 34266 Issued: April 13, 2022 Signature of Licensee Expires: January 31, 2026 n I &TU -"d NICOLE "NIKKI" FRIED, COMMISSIONER The above individual is licensed under the provisions of Chapter 487, F.S. to purchase and apply restricted use pesticides. Florida Department of Agriculture and Consumer Services Pesticide Certification Office This card is your license. It authorizes you, the license holder, to purchase and apply Restricted Use Pesticides (RUPs). Please sign your card and keep it with you => when applying or purchasing RUPs. ffloriba ;kpartment of agriculture anb Congumer *erbiteg Pesticide Certification Office Commercial Applicator License License # CM27742 RAMSEY,COURTNEY 43825 CATTLEMAN DRIVE PUNTA GORDA, FL 33982 Issued: December 20, 2022 Categories 21 Expires: December 31, 2026 n i &YU —"9; Signature of Licensee NICOLE "NIKKI" FRIED, COMMISSIONER The above individual is licensed under the provisions of Chapter 487, F.S. to purchase and apply restricted use pesticides. To renew a pesticide applicator license, applicators must first become recertified. Recertification is accomplished by either retaking the certification exams or accumulating Continuing Education Units (CEUs). See Table 2 in the Pesticide Applicator Certification and Licensing in Florida handbook located at http://pested.ifas.ufl.edu/pdfs/Pesticide-Applicator-Cert-Licensing.pdf for information on Recertification. The bottom two cards are for your Authorized Purchasing Agents (APAs). Please sign the card in the space provided and give to your APA to sign. APAs are => authorized to purchase RUPs. For questions, comments or concerns, Contact us at: Florida Department of Agriculture and Consumer Services Pesticide Certification Office 3125 Conner Blvd, Bldg 8 Tallahassee, FL 32399-1650 Phone: (850) 617-7870 Fax: (850) 617-7895 floriba Department of Agriculturr anb Conmuner Pesticide Certification Office Commercial Applicator License License # CM239% AREVALO SR, ISAAC MARCOS 1342 DURSO COURT IMMOKALEE, FL 34142 Issued: December 29, 2020 signalurc o}'Licensee �rrUirr� f Expires: January 31, 2024 n I &Ytt NICOLE "NIKKI- FRIED. COMMISSIONER Categories 5A,21 'Ihr atone i.dwidual a li"% d U der the pm,-o- of Chapter 497. F.S. to purrh—and apph rc t—wd u.,• Ikwcidc,. Florida Department of Agriculture and Consumer Services Pesticide Certification Office This card is your license. It authorizes you, the license holder, to purchase and apply Restricted Use Pesticides (RUPs). Please sign your card and keep it with you => when applying or purchasing RUPs. ffloriba ;kpartment of agriculture anb Congumer *erbiceg Pesticide Certification Office Commercial Applicator License License # CM27617 SOUTHWELL, JOSHUA GALLOWAY 362 METHENY RD WAUCHULA, FL 33873 Issued: September 7, 2022 Categories 21 Expires: September 30, 2026 n i au -4-� Signature of Licensee NICOLE "NIKKI" FRIED, COMMISSIONER The above individual is licensed under the provisions of Chapter 487, F.S. to purchase and apply restricted use pesticides. To renew a pesticide applicator license, applicators must first become recertified. Recertification is accomplished by either retaking the certification exams or accumulating Continuing Education Units (CEUs). See Table 2 in the Pesticide Applicator Certification and Licensing in Florida handbook located at http://pested.ifas.ufl.edu/pdfs/Pesticide-Applicator-Cert-Licensing.pdf for information on Recertification. The bottom two cards are for your Authorized Purchasing Agents (APAs). Please sign the card in the space provided and give to your APA to sign. APAs are => authorized to purchase RUPs. For questions, comments or concerns, Contact us at: Florida Department of Agriculture and Consumer Services Pesticide Certification Office 3125 Conner Blvd, Bldg 8 Tallahassee, FL 32399-1650 Phone: (850) 617-7870 Fax: (850) 617-7895 Florida Department of Agriculture and Consumer Services Pesticide Certification Office This card is your license. It authorizes you, the license holder, to purchase and apply Restricted Use Pesticides (RUPs). Please sign your card and keep it with you => when applying or purchasing RUPs. gloriba Bepartmeut of Z(griculture aub (Cougumer btrbiceg Pesticide Certification Office Commercial Applicator License License # CM26946 NAVA LIMON, FRANCISCO 530 NE TUNER AVE ARCADIA, FL 34266 Issued: March 11, 2021 Categories 21 Expires: March 31, 2025 n i &YU -4-� Signature of Licensee NICOLE "NIKKI" FRIED, COMMISSIONER The above individual is licensed under the provisions of Chapter 487, F.S. to purchase and apply restricted use pesticides. To renew a pesticide applicator license, applicators must first become recertified. Recertification is accomplished by either retaking the certification exams or accumulating Continuing Education Units (CEUs). See Table 2 in the Pesticide Applicator Certification and Licensing in Florida handbook located at http://pested.ifas.ufl.edu/pdfs/Pesticide-Applicator-Cert-Licensing.pdf for information on Recertification. The bottom two cards are for your Authorized Purchasing Agents (APAs). Please sign the card in the space provided and give to your APA to sign. APAs are => authorized to purchase RUPs. For questions, comments or concerns, Contact us at: Florida Department of Agriculture and Consumer Services Pesticide Certification Office 3125 Conner Blvd, Bldg 8 Tallahassee, FL 32399-1650 Phone: (850) 617-7870 Fax: (850) 617-7895 Firm Name: Sandhill Environmental Services, LLC Firm and Employees Licenses and Certifications License Type Issued to Firm or Employee License Number Florida Department of Christopher Holly GV20023-1 Environmental Protection Green Industries Certificate of Training — Best Management Practices Florida Fish and Wildlife Courtney Ramsey GTA-21-00089 Conservation Commission Authorized Gopher Tortoise Agent USACE Wetland Delineation Courtney Ramsey 9032 Certification Commercial Driver's License Joshua Southwell S340-427-85-121-0 Commercial Driver's License John "Andy" Kisela K240-461-85-457-0 Collier County Solicitation 23-8135 co 7CY c01414ty Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terns and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 30 day of .tune , 2023 in the County of Desoto , in the State of Florida Firm's Legal Name: Sandhill Environmental Services, LLC Address: 5980 SE County Road 760 City, State, zip Code: Arcadia, FL 34266 Florida Certificate of 20-5318487 Authority Document Number Federal Tax Identification Number *CCR 4 or CAGE Code *Only if Grant Funded Telephone: (863) 494-9737 Email: CRamsey@sandhillgrowers.com Signature by: Courtney Ramsey (Typed and written) Title: Estimator 6/9/2023 3:15 PM p. 21 Collier County Additional Contact Information Solicitation 23-8135 Send payments to: (required if different from Company name used as payee above) Contact name: Daphne Costa Title: Executive Assistant Address: 5980 SE County Road 760 City, State, ZIP Arcadia, FL 34266 Telephone: (727) 648-0190 Email: office@sandhillgrowers.com Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: 6/9/2023 3:15 PM p. 22 Collier County Solicitation 23-8135 CO ler County Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —'Ilse firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Sandhill Environmental Services, LLC Company Name Signature Cou Ramsey, Estimator Print Name and Title State of Florida County of DO$010 The foregoing instrument was acknowledged before me by means of 54 physical presence or ❑ online notarization, this 30 day of June (month), 2023 (year), by Daphne Costa {name of person acknowledging). Personally Known OR Produced Identification Peraonaily Known Type of Identification Produced � • L' c�d�' (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) DAPHNE OOSTA MYCOMMISSION at HH 2O2b06 EXP€RE5: Mauch 25, 20n Bonded TAru Notary Pubk underw M s 6/912023 3:15 PM p. 23 6/20/23, 2:52 PM Detail by Entity Name DMISION OF CORPOR TIONS ti•III rill (1Jflrldl _'ImeUj'I[urlrr wvb-'if? Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company SANDHILL ENVIRONMENTAL SERVICES, LLC Filing Information Document Number L06000075927 FEI/EIN Number 20-5318487 Date Filed 08/01/2006 Effective Date 08/01 /2006 State FL Status ACTIVE Principal Address 5980 S E CR 760 ARCADIA, FL 34266 Mailing Address 5980 S E CR 760 ARCADIA, FL 34266 Registered Agent Name & Address Yacovetti, Anthony 5980 S E CR 760 ARCADIA, FL 34266 Name Changed: 01/23/2023 Address Changed: 01/23/2023 Authorized Person(s) Detail Name & Address Title MGRM YACOVETTI, ANTHONY R 5980 S E CR 760 ARCADIA, FL 34266 Annual Reports Report Year Filed Date 2021 02/01 /2021 2022 01 /28/2022 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=SANDH IL... 1 /2 6/20/23, 2:52 PM Detail by Entity Name 1 2023 01/23/2023 Document Images 01/23/2023 -- ANNUAL REPORT 01/28/2022 --ANNUAL REPORT 02/01/2021 --ANNUAL REPORT 01/17/2020 -- ANNUAL REPORT 02/12/2019 -- ANNUAL REPORT 02/19/2018 -- ANNUAL REPORT 02/13/2017 -- ANNUAL REPORT 03/03/2016 -- ANNUAL REPORT 02/23/2015 -- ANNUAL REPORT 01/14/2014 -- ANNUAL REPORT 01/17/2013 -- ANNUAL REPORT 01/04/2012 --ANNUAL REPORT 03/14/2011 --ANNUAL REPORT 02/17/2010 --ANNUAL REPORT 03/23/2009 -- ANNUAL REPORT 04/01/2008 -- ANNUAL REPORT 01/29/2007 --ANNUAL REPORT 08/01/2006 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https:Hsearch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=SAN DH I L... 2/2 Collier County Solicitation 23-8135 Co Ter County Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signets, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (htt-s://www_e-verify.gov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAIBID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA, Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Sandhill Environmental Services, LLC Company Name Signature Courtney Ramsey, Estimator Print Name and Title State of Florida County of DeSoto The foregoing instrument was acknowledged before me by means of N�physical presence or 0 online notarization, this 30 day of June (month), 2023 (year), by Daphne Costa (name of person acknowledging). Personally Known OR Produced Identification Personally Known Type of Identification Produced C.G (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) DAPHNE COSL ..; MY COMMISSION # H=?@j EXPIRES: March 2B~ t}y. �Y Pus k 6/9/2023 3:15 PM p. 24 � sect v- orE-Verif Company ID Number: 1887389 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and Sandhill Environmental Services, LLC (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1887389 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1887389 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1887389 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VI of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(@dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1887389 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1887389 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1887389 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1887389 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes tc E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1887389 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1887389 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1887389 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 E-Verifv- Company ID Number: 1887389 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 1887389 Approved by: Employer Sandhill Environmental Services, LLC Name (Please Type or Print) Title Daphne Costa Signature Date Electronically Signed 09/20/2022 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 09/20/2022 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 1887389 Information Required for the E-Verify Program Information relating to your Company: Company Name Sandhill Environmental Services, LLC Company Facility Address 5980 SE CR 760 ARCADIA, FL 34266 Company Alternate Address County or Parish DE SOTO Employer Identification Number 205318487 North American Industry Classification Systems Code 238 Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 1887389 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FL Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 1887389 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Daphne Costa Phone Number 8634949737104 Fax Email office cDsandhillarowers.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 1887389 This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract I Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement. to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act. Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language it this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C_F R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable. allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works. distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code. music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract. the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions- As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause -- (b) Prohibitions (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system, (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provlde, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul. roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to- (i). Covered telecommunications equipment or services that- i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known), brand; model number (original equipment manufacturer EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C F R § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R pt. 180, subpart C and 2 C.F,R, pt, 3000, subpart C and must include a requirement to comply with these regulations in any tower tier covered transaction it enters into. (3) This certification ss a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract. the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 6). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek, (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 G.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor wi permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S C_ 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration. if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 C.F.R. § 60-1 3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity. or national origin. Such action shall include, but not be limited to the following- Employment. upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause (2) The contractor will, in ail solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules; regulations, or orders of the Secretary of Labor issued pursuant to section 244 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comp#y with all applicable Federal law, regulations, executive orders. FEMA policies, procedures: and directives. If the Contractor subcontracts any of the work required under this Agreement: a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document Vendor/Contractor Name Sandhill Environmental Services, LLC Date June 13th. 2023 Authorized Signature EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Sandhill Enviro mental Services, LLC By: Si tore Courtney Ramsey, Estimator Name and Title 5980 SE County Road 760 Street Address Arcadia, FL 34266 City, State, Zip N/A UEI Unique Entity Identifier (for SAM.gov verification) 6/30123 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status mil be verified. UnvenfaW jMcuses will r*Wife the PP ME to either prorvde a revised statement or provide source documentation that validates a status A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PPIIAL Ff:O NUMtiEP CONTRACT DOLLAR ANIOU%7 Sandhill Environmental Services, LLC 20-5318487 N/A 15TK PRIME A FLORIDA-COTMED DISADYA1iTAGED. RM y ® IS THE ACTIVITY OF THIS CONTRACT,.. MINORITY OR WOMEN BUSINESS VMRPR3sv My Y a D CONSTRUCTION ? y ;DBE MK, WBEi OR HAVE A SMAL1 DISAD'oAhrAGED BU4HESS iA CERTIFICAT*kk FROM THE SMALL BUSINESS MBE7 y N CONSULTATION? y AOMINISTRATION? A SERVICE OISABLED VETERAN' W6EV V N OTHER, y SE16A? BY N h3 7H S SUBMISS-9Pi A REVISION" N F rES, REVSEON NUMBER S. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE TMS NEXT SECTION DBE H1i WBE SUBCONTRACTOR OR SUPPLIER FYPf OF WORK OR ETMNICrTY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY {See Belowl DOLLAR AMOUNT DOLLARS TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMFTTER DATE TITLE OF SUBMFTM Courtney Ramsey 6/30/23 Estimator EMAIL ADDRM DF Pwm Isusw rimj TELEPtWW NURAQEA FAX NUNWR CRamsey@sandhillgrowers.com (863) 494-9737 (863) 494-1364 NOTE, This information is used to tract and fit wMapated DBE or MBE pa►bopabon in federally -funded contracts. The anticipated DBE or MBE amtowit is vohn4lry and wd not becorne part of the contractual terms_ This form must be submitted at time of response to a solcuDon. If and whm awarded a County contraM the pnme will be asked to update the Information for the grant compliance files. Wady AMNION BA Hispanic American Ha Nativ-* American NA 5ubcont Asian Ameman SAA ASrael` kaofic Afnertcarl APA Non-etmoriti worneri N6sVv ether not of any other group I,stedl O D. SECTION TO BE COMPLETED BY COLLIER COUNTY EFC'CSTF:.CT= F9PfPo,�OPE4 cc1%TF.'4c- ACCEP'iFD BT: DATE EXHIBIT I -10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Sandhill Environmental Services, LLC Contractor (Firm Name) Signd6re V Contractor's Authorized Official Tony Yacovetti, Managing Member Name and Title of Contractor's Authorized Official 6/30/23 Date EXHIBIT I - 11 Collier County Board of County Commissioners Certificate of Competency Collier County * City of Marco * City of Naples * City of Everglades Issued Date: 08/10/2022 Company: SANDHILL NATIVE GROWERS, INC. Address: 5980 SE County Road 760 Arcadia, FL 34266 Telephone: (863) 494-9737 Qualifier: YACOVETTI, ANTHONY License #: LCC20120001111 Issuance #: 201200000660 Classification: LANDSCAPING RESTRICTED CONTR. Valid Thru: 09/30/2023 IL " I y It is the Qualifier's responsibility to keep current all records with Collier County. This shall include insurance certificates and/or contact information. Always verify licenses online at https://cvportal.colliercountyfl.gov/CityViewWeb/ Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. This Collier County Certificate of Competency's status and expiration date may change on July 1, 2023, due to the State of Florida House Bill No.735. Please visit our website at www.colliercountyfl.gov/government/growth-management/divisions/operations-regulatory- management/contractor-licensing for more information as it becomes available. Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to wwwJrs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Sandhill Environmental Services, LLC 2 Business name/disregarded entity name, if different from above m a� 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to ca following seven boxes. certain entities, not individuals; see a instructions on page 3): o ElIndividual/sole proprietor or ElC Corporation ElS Corporation ElPartnership ElTrust/estate c single -member LLC Exempt payee code (if any) 0.0 ® Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► S `p Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting *' w c LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) d V another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that w is disregarded from the owner should check the appropriate box for the tax classification of its owner. V N ❑ Other (see instructions) ► (Applies to accounts maintained outside the U.S.) fn 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 5980 SE County Road 760 6 City, state, and ZIP code Arcadia, FI 34266 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SHowever, for a - m - resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. TO - 5 3 1 8 4 8 7 rl Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Here U.S. person ► Date ► 6/6/23 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) WOODS & WETLANDS INS ELosystern Restoration Trusted Experience. Sustainable Solutions. Collier County Exotic and Nuisance Vegetation Removal Solicitation 23-8135 Cover Letter / Management Summary For more than 28 years since it was established in 1995 by a single individual operating out of the back of a Ford 150, Woods and Wetlands has been known and recognized throughout Southwest Florida as a superior quality and value provider of exotic and nuisance vegetation removal and native species replanting. With the goal of sustainable environmental compliance always in mind, Woods and Wetlands serves the specific ecosystem restoration requirements of many Southwest Florida state and local government and regulatory agencies; commercial and residential developers; HOA/ management companies; and individual property owners helping to restore, manage and protect the preserve and littoral areas for which they are responsible. Woods and Wetlands' underlying corporate and project fulfillment philosophy is to seek and deliver excellence. Woods and Wetlands believes that each and every project undertaken irrespective of location, size or duration must meet or exceed the specifications of the underlying Scope of Work. The Company is the preferred GO -TO contractor for many in Collier, Lee and Hendry Counties because of its ability to properly and efficiently complete projects on schedule and on budget. Woods and Wetlands employs the most capable team members and acquires and accumulates the very best equipment possible for its trade to ensure that its reputation for excellence is proven time and time again. Isles of Collier, Quail West, Hole in the Wall Golf Club, Pelican Strand and Esplanade By The Islands are but just a very few of many Collier County communities/projects with exceedingly high expectations for excellence for which Woods and Wetlands has or continues to assume continuous/uninterrupted responsibility for their preserves and littoral shelves exotic and nuisance vegetation regulatory compliance pursuant to multi -year Agreements. Woods and Wetlands has a reputation for excellence without limit or exception and is committed to providing cost-effective long-term results delivered in a responsible, caring, resourceful and friendly manner thereby ensuring trust and peace of mind for all its clients. David Quinlan President 813-205-1973 david@woodsandwetlands.c m Cory O'Meara Vice President / COO 239-994-4740 corv@woodsandwetlands.com Shannon Newmans Administrative Assistant 239-567-1857 shannon@woodsa-ndwetlands.com David Vnian, President 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • Fax: 239-567-0932 • woodsandwetlands.com WOODS WETLANDS INC Ecosystem Restoration Trusted Experience. Sustainable Solutions. Collier County IRQ Solicitation 23-8135 Exotic and Nuisance Vegetation Removal EXPERIENCE AND CAPACITY OF THE FIRM Woods and Wetlands, Inc. was established in 1995 and recently celebrated its 28th Anniversary at its 10-acre location in North Fort Myers, FL. Known primarily for the careful removal of non-native exotic, invasive and nuisance vegetation in wetlands and uplands habitats, and the subsequent re -planting of native species in preserve mitigation, restoration and maintenance environments, the Company is recognized throughout SW Florida and parts of the NW and SE coasts of Florida as an experienced, reliable, and trusted provider of Ecosystem Restoration and it has the financial stability to back it. In addition to exotic plant control, wetland restoration and native plant installation, Woods and Wetlands has extensive experience in the design and planting of uplands/wetlands and littoral areas as well as beach and shoreline re -vegetation. Other client -driven services include Gopher Tortoise extraction and relocation and manual fuel reduction for neighborhood fire prevention. The Company has also participated in hurricane disaster cleanup, prescribed burns and has 2 Certified Arborists/Professional Mangrove Trimmers (PMT),1 Certified Pile Burner and 5 FDACS Certified Commercial Applicators in Natural Areas and Aquatic Pest Control on staff. Please refer to the list of certifications within this package for more information. Woods and Wetlands has thirty (30) full-time core employees, (18) eighteen of whom have been with the company 5-10 years and we are able to hire qualified day labor on an "as needed" basis. Please refer to the organizational chart that follows. The Company is recognized by SFWMD as a Small Business Enterprise (SBE) and is proud to be a certified Drug and Alcohol -Free Workplace. Woods and Wetlands is also a Licensed Florida Dealer in Agriculture Products. All Woods and Wetlands field personnel have thorough knowledge and experience in identifying native and FISC Category I and II non-native invasive plants and all crew leaders are fluent in English. All personnel are required to attend weekly tailgate safety trainings and monthly Plant ID tailgate training exercises and there are laminated posters in the office/shop areas which are used for reference for species not found on a day- to-day basis. FNGLA Plant ID seminars are offered annually; Environmental Scientists are consulted regularly; and each work truck is equipped with these illustrated books for additional site reference: Identification and Biology of Non -Native plants in Florida Natural Areas- Langeland Shrubs and Woody Vines of Florida - Nelson Forest Trees offlorida-FDACC It will be the Company's standard practice to perform all work on behalf of Collier County Board of County Commissioners subject to Federal, State, Local, OSHA and department -mandated regulations and specifications for associated work. Pursuant to and dependent on the specific SOW for various projects including but not limited to clean up and maintenance within creeks, waterways, wetlands, preserves and upland areas throughout Collier County on an as -needed basis, Woods and Wetlands Inc will remove (manual and/or mechanical) Cat I & II FISC listed species as well as other species and will, as required, plant native vegetation; grade/excavate; and complete other incidental tasks to comply with permit requirements as determined by the County Project Manager for each individual project. 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • www.woodsandwetlands.com 2 WOODS & WETLANDS INCI Ecosystem Restoration Trusted Experience. Sustainable Solutions. Prior to bidding on a specific SOW, a representative of the Company will have walked the project area in its entirety and noted any hazards or causes for concern including but not limited to burrowing owl nests, gopher tortoise burrows, utility infrastructure, etc. which could have an impact on the treatment event. Equipment use determining factors will include size and type of the vegetation to be treated or removed; proximity to structures or adjoining residents; stability of the substrate; and ingress/egress limitations among other possible site restrictions. For project areas that do not require mobilization of our larger equipment, smaller mechanical equipment and hand-held herbicide sprayers and machetes will be used. At all times and in all circumstances, however, Woods and Wetlands Inc will exercise care to avoid damage to adjacent wetlands/native plants and public and private improvements. Irrespective of the methodology employed, the safety and respect of residents, our team members and county personnel will be of paramount importance. Every Monday morning after the mandatory tailgate safety meeting, management and crew leaders discuss the upcoming week's scheduled projects and each SOW is reviewed in detail to ensure all parties are on the same page and expectations are clearly known and agreed upon in advance. Woods and Wetlands Inc will implement Best Management Practices for erosion and turbidity control to prevent violations of state water quality and impacts to wetlands and surface waters as necessary and applicable to the situation and in communication with the Project Manager 24/7, the Company will submit and adhere to a site -specific herbicide prescription form setting forth the herbicides that will be used in accordance with the EPA and label instructions. And finally, Woods and Wetlands crew leaders all possess at a minimum a current State of Florida Department of Agriculture Pesticide Commercial Applicators license in Natural Areas Weed Management and Aquatic Pest Control categories. The company has provided specific references and detailed descriptions of select projects completed over the past 5 years as per the specifications of IFQ 23-8135 which follow hereafter, chosen as representative of the 500 +/- invoiced projects typically generated on an annual basis, but perhaps the most telling confirmation of the superior quality that the company's clients have come to expect and depend upon time after time without exception is the fact that: 1. Woods and Wetlands has successfully completed exotic and nuisance vegetation removal and maintenance events of all sizes and descriptions utilizing mechanical, chemical and physical methods or a combination of all on behalf of multiple Lee County departments for 28 years often in excess of $1,000,000.00 per year. 2. In 2022 Woods and Wetlands was selected to be one of only six competitive companies to be able to bid on all Lee County exotic and nuisance -related scopes of work for 6 years. 3. Also in 2022 Woods and Wetlands was chosen to be the single and only provider of exotic and nuisance maintenance of the 14 marsh areas under the County's control for 3 and possibly 5 years at a total of $300,000.00+ per year. 4. And in 1st QTR 2023 Woods and Wetlands began a multi -year exotic/nuisance vegetation initial and maintenance treatment $1,350,000.00 contract award to the company by Babcock Ranch to undertake responsibility for some 4,000 acres spread across Lee and Charlotte counties. Woods and Wetlands has become a preferred choice across all of Southwest Florida by consistently demonstrating our ability to help clients effectively create, maintain, and protect their ecosystems. And we have done so for over 28 years. Our unique skill set, dedicated team, and experience across all areas of ecosystem restoration results in jobs getting done right the first time, every time and justifies our over- expanding future annual project renewal commitment schedule through 2026. 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • www.woodsandwetlands.com 3 Rd- -� AlbL MR-k , 11 E , . L' v r J1 8 ILI% ALI lop w �� For over 25 years, Woods & Wetlands has helped Southwest Florida -based property owners, management companies, government agencies, and residential and commercial developers manage, restore, and protect their ecosystems. We provide a full suite of services, highlighted by the expert removal of nuisance and non-native exotic vegetation and the installation of native plantings. We help our clients to be compliant, while ensuring their ecosystem's health, beauty, integrity, and sustainability. Exceeding expectations The right size for your project. each and every time. Our size allows us to handle some of the largest and most Woods & Wetlands has earned a reputation for excellence in all we do. Our entire team understands that our clients are stewards of the ecosystems within our communities and state, and we are passionate about helping them accomplish their mission. We deliver our services in a responsible, caring, resourceful, and friendly manner, ensuring trust and peace of mind for all our customers. challenging projects in Southwest Florida, yet we remain small and nimble enough to ensure each project gets the personalized attention from senior members of the company. You get a complete, end -to -end partner who adds value at every stage of the job and ensures your ultimate satisfaction. This reduces worries, helps control costs, and helps maintain your property's ecosystem for the long-term. 5 Services ) Removal of non-native exotic and nuisance vegetation ) Wetlands restoration and enhancement experts > Conservation and preserve area restoration and maintenance Native plant installation Lake littoral design and planting > Golf course enhancement and planting > Neighborhood fire fuel reduction > Hurricane debris clean-up Certified arborist services including mangrove trimming 0 239.567.1857 nwoodsandwetlands.com ® info@woodsandwetlands.com Who we hetp Each of our clients depends on Woods & Wetlands to deliver management and restoration solutions that contribute to the health of their ecosystems. Clients we service include: ) Landscape architects ) Ecologists ) Environmental consultants ) Water management districts ) Commercial and residential developers HOAs > Golf course communities State and local government agencies > Property managers > CDDs A 'i i y ,1 M y �• y t I� �r �✓�' - t �ij...y{�F�,, � i}i'�iliLtlsGi� � ' �' . e, .�.�'�.�EA..5:.. t. ri y i19�•7'� � I �,C I tf, �t .. ('.'�� e iY ' d� Woods & Wetlands delivers cost-effective .control, management, and restoration solutions that contribute to the health of our client's ecosystems. WOODS WETLANDSINC 18731 Durrance Road •North Fort Myers, FL 33917 Phone: 239-567-1857 • Fax:239-567-0932 Ecosystem Restoration woodsandwettands.com 7 6/21/2023 Equipment List Equipment Type Year Make/Model Owned Leased (6) CREW CAB TRUCKS 2015 - 2022 FORD F-350 X (2) CREW CAB TRUCKS 2016 FORD F-450 X CREW CAB TRUCK 2019 FORD F-250 X F550 DUMP / LANDSCAPING TRUCK 2003 FORD F-550 X F450 DUMP / LANDSCAPING TRUCK 2020 FORD F-450 X 50 YRD CHIPPER DUMP TRUCK 2014 INTERNATIONAL 7400 X SKID STEER WITH GRAPPLE RAKE / BUCKET / HEDGE TRIM / BRUSH CUTTER 2018 KUBOTA / SV295 X AMPHIBIOUS EXCAVATOR 2017 BOBCAT / E55 T4 MINI X EXCAVATOR 2021 BOBCAT / 306-CR X BRUSH CUTTER 42" ATTACHMENT 2023 BLUE DIAMOND X STUMP GRINDER 24" WHEEL ATTACHMENT 2017 BLUE DIAMOND X FRONT END LOADER W/ GRAPPLE 2002 CASE 621 X (2) TRACTOR WITH BUSH HOG & FRONT END TRACTOR LOADER 2002 & 2015 JOHN DEERE 4510 & 5100 X (1) TRACTOR 2016 MASSEY FERGUSON / 4710 X GRINDER HEAD 2017 FECON / BH7455 X MULCH HEAD 2023 FECON / FMX36 (2) BUSH HOG CUTTERS - RHINO TR-96 BUSH HOG CUTTER / 15' ROTARY CUTTER 2016-2017 RHINO / BAT WING & TR-96 ROTARY X (2) PTO WINCHES 2013 -2016 JL61 SKIDDING WINCH / JL 501 3 POINT WINCH X POWER -TILT 48" GRADER PTX4 (2) CHIPPER 2018-2005 MORBARK M18R VERMEER 1400 X (2) LOG GRAPPLER VALBY 55" / UNIFOREST 70" UTILITY BOAT W/ MOTOR 2017 TRACKER 12' X 18' SKIFF 2004 X (1) AIR BOAT 2013 FLORIDA HOMEADE / 600 HP X (1) 24' PONTOON BOAT 2003 CRESTLINER X (1) 8- X 20' BARGE W/ OUTBOARD 2021 ALUMINUM X (2) KAYAK / CANOE 2012 -2020 X (1) SWAMP BUGGY 2016 HOMEMADE X (5) UTILITY VEHICLES- 4 KUBOTA & 1 JOHN DEERE GATOR 2006-2017 KUBOTA / JOHN DEERE GATOR X (4) FOREMAN ATV 2005 - 2016 HONDA I X 6/21/2023 LAWN TRAILER - 16' Enclosed 2013 SOUTH GEORGIA CAGO X (5) HAULING TRAILERS (VARIOUS SIZES) 2004-2018 DIAMOND C /BIG TEX/ANDERSON X (6) UTILITY TRAILERS 2017-2022 PJ/TRIPLE CROWN/GPS X (3) DUMP TRAILERS 2005-2017 X (3) COMMERCIAL MOWER 2010 - 2022 DIXIE CHOPPER/ SCAG TURF TIGER II X (12) CHAINSAWS 2020 - 2023 STIHL X (45) BACKPACK SPRAYERS 2021-2023 X (2) HIGH VOLUME SPRAY RIG/BOOM SPAYERS 2010 & 2014 X 2" AND 4" PUMPS (FOR LONG TERM WATERING) 2011 X (5) LARGE WATER TANKS X BITS 2012 - 2014 X (6) STRING TRIMMERS 2013-2014 STIHL X (2) BACKPACK BLOWERS 2014 STIHL X (3) HEDGERS 2013 - 2018 STIHL X (2) EDGERS 2014 STIHL X TRIMMER CONVERTED TO POLE SAW 2013 STIHL X (3) DOZEN MACHETES X VARIOUS HAND TOOLS X Drug Frvo Workplace Progrorns 5440 NW 33rd Avenue Suite 1o6 Ft. Lauderdale, Florida 33309 (954) 677-1.2oo Phone (954) 677-i2oi Fax March 16, 2012 To Whom it May Concern: Total Compliance Network implemented a State of Florida Drug Free Workplace Program for the company listed below. TCN also provided the below -indicated services. If you have any questions, please feel free to contact me at my office, (800) 881-4826. Company Name: WOODS AND WETLANDS, INC. Address: 19731 Durrance Rd North Ft Myers, FL 33917 Telephone 9: (239) 567-1857 Contact Person: David Quinlan Date TCN Implemented program with the above contact person: March 2012 TCN provided the above -named company with a Compliance Manual which includes: I. An Employee handbook containing company policy and all necessary information (i.e., Information on where to seek help, medications that affect the outcome of a drug test, etc.). 2. Initial 60-day Drug Free Workplace notification. 3. Employee agreement forms, including company disciplinary action. 4. A Supervisor's handbook. 5. Information to post in conspicuous locations (signs, posters). 6. Additional forms and agreements (rehabilitation, notification of positive test results, etc.). TCN has also set up a drug screen collection site, AHCA or NIDA certified testing laboratory, on -staff Medical Review Officer, results reporting (telephone and hard copy) and billing. TCN has instructed the above -named contact person on the following procedures: I . Distribution of 60-day Drug Free Workplace notification. 2. Conducting the Employee meeting including distribution of Employee handbook, educational material and collection of signed paperwork. 3. Drug testing requirements and procedures for testing: a. Job Applicants d. Return -to -work. b. Post -accident e. Random (if applicable). C. Reasonable suspicion f. Routine fitness -for -duty. TCN will also continue to act as a consultant for any questions regarding this program, but will not be held responsible for any company's negligence or inability to perform the State of Florid ee Workplace requirements using TCN or TCN materials.—�--, %- Total Compliance Network Rel Nick Mirowsky 954-232-5650 10 � .ee C04 Tax Collector Nanette branning WOODS AND WETLAND INC QUINLAN DAVID J 18731 DURRANCE RD N FT MYERS, FL 33917 Dear Business Owner: Local Business Tax Receipt Your 2022 - 2023 Lee County Local Business Tax Receipt is attached below for account number / receipt: number: 1071004 / 9500896 If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, "K.145 . Lee County Tax Collector Sr- 2022-2023 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1071004 Receipt Number: 9500896 State License Number: GV236981 Location: 18731 DURRANCE RD N FT MYERS, FL 33917 WOODS AND WETLAND INC WOODS AND WETLAND INC QUINLAN DAVID J 18731 DURRANCE RD N FT MYERS, FL 33917 Account Expires: September 30, 2023 the PROFESSIONAL LANDSCAPING COMPANY THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Payment Information: PAID INT-00-00401126 09/02/2022 $150.00 11 Subject: Acknowledgment of Outstanding Work by "Woods & Wetlands Ecosystem Restoration" 11 Lee County Terry Sexton P.O. Box 985 Alva, FL 33920 June 28'h, 2023 To Whom It May Concern: I am writing to express my sincere appreciation and acknowledge the exceptional work carried out by "Woods & Wetlands Ecosystem Restoration" in the project of Bedman's Creek. As a resident in the area, I would like to commend the company for their outstanding efforts and share the sentiments of the community who are extremely satisfied with the work performed. "Woods & Wetlands Ecosystem Restoration" has exemplified professionalism, expertise, and dedication throughout the entire restoration process. Their meticulous planning, attention to detail, and adherence'to environmental guidelines have resulted in a transformation of Bedman's Creek that has exceeded our expectations. The restoration project has not only enhanced the ecological integrity of the area but has also contributed to the overall well-being and quality of life for the residents. The team from "Woods & Wetlands Ecosystem Restoration" demonstrated an exceptional level of skill and knowledge in their work. Their ability to navigate complex challenges, such as preserving delicate habitats and ensuring the sustainability of the ecosystem, is commendable. Moreover, their open communication and willingness to address any concerns or queries from the community have fostered a positive working relationship and instilled confidence in their abilities. The impact of the work on Bedman's Creek has been remarkable. The enhancement of the surrounding woodlands has not only provided a picturesque and serene environment but have also attracted an increased diversity of wildlife. The community is thrilled to witness the return of indigenous flora and fauna, which is a testament to the success of "Woods & Wetlands Ecosystem Restoration's" efforts. On behalf of the residents in the area, I would like to extend my deepest gratitude to "Woods & Wetlands Ecosystem Restoration." Their commitment to excellence and their unwavering dedication to the environment have set a benchmark for environmental restoration projects. We highly recommend their services for any future projects and are confident that they will continue to make significant contributions to the preservation and restoration of natural habitats. Once again, thank you to the entire team at "Woods & Wetlands Ecosystem Restoration" for their exceptional work and their invaluable contributions to the Bedman's Creek restoration project. We are grateful for their unwavering commitment to environmental stewardship and look forward to the opportunity to collaborate with them in the future. Yvws cerely, Terry Se an 12 Solicitation: 23-8135 Reference Questionnaire for: Collier County Co xer County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Woods & Wetlands Inc. (Name of Company Requesting Reference Information) David Quinlan, Cory O'Meara (Name of Individuals Requesting Reference Information) Name: Christina Kontos (Evaluator completing reference questionnaire) Email: ckontos@kitsonpartners.com FAX: Company: Kitson & Partners (Evaluator's Company completing reference) Solicitation 23-8135 239-922-3972 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Babcock Ranch Preserve Maintenance Project Budget: $315, 576 Completion Date: June 2023 Project Number of Days: 90 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 6/9/2023 3:15 PM 13 p. 25 WOODS WETLANDS INN Ecosystem Restoration Trusted Experience. Sustainable Solutions. • 2023 Babcock Ranch Exotic and Nuisance Vegetation Maintenance The Babcock Ranch Community, developed by Kitson &. Partners, is a sustainable and environmentally conscious mixed -use community situated in Lee and Charlotte counties. It is located directly east of State Road (SR) 31 and north of County Road 78. The development's mitigation efforts to counterbalance the impacts on wetlands and listed species habitats encompass both on -site and off -site Mitigation Areas, encompassing approximately 12,700 acres. In January 2023, Woods and Wetlands submitted a competitive bid and was awarded the responsibility of herbicide treatments for a three-year period. Currently, we are entrusted with the care of around 4,800 acres of natural wetland and upland habitats. Our duties include ensuring that the mitigation areas are promptly free of invasive and nuisance plants after each treatment event, and that invasive and nuisance species cover no more than 5% of the total area between maintenance events. Thus far, we have successfully met the success criteria outlined in the permits and mitigation plan, earning recognition from Kitson & Partners' Environmental Mitigation Manager, Christina Kontos. 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • Fax: 239-567-0932 • woodsandwetlands.com 14 Solicitation: 23-8135 Reference Questionnaire for: Collier County Co ter CO14 ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Woods & Wetlands Inc. (Name of Company Requesting Reference Information) David Quinlan, Cory O'Meara (Name of Individuals Requesting Reference Information) Name: Jennifer Hubbard (Evaluator completing reference questionnaire) .Email: jhubbard@leegov.com FAX: Company: Lee County - Natural Resources (Evaluator's Company completing reference) Solicitation 23-8135 Telephone: 239-533-8138 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past perfonnance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Filter Marsh Maintenance $300,000.00 Completion Date: December 2022 Project Number of Days: 180 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the fixture (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS too 6/9/2023 3:15 PM 15 p. 25 WOODS& NETLANDS tNC. Ecosystem Restoration Trusted Experience. Sustainable Solutions. • 2023 Lee County Filter Marshes - Treatment of nuisance and exotic species Woods and Wetlands Inc. was recently award a 3-5 year contract with Lee County as the sole provider of maintenance events within 14 county owned filter marshes. In the past, each maintenance event and project area were put out to bid for the list of approved contractors. Although we always appreciated and provided the best quality work available, this wasn't always the case with other contractors. We like to think that our input and years of experience contributed to the opportunity in 2022 to bid on the maintenance of all 13 (now 14) filter marshes. With great pride, we secured this contract in early 2022, and proudly see the appreciable difference during each visit to these very important filter marshes. 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • Fax: 239-567-0932 • woodsandwetlands.com 16 Solicitation: 23-8135 Reference Questionnaire for: Collier County Cn xer C014nty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE} Woods & Wetlands Inc. (Name of Company Requesting Reference information) David Quinlan, Cory O'Meara (Name of Individuals Requesting Name: Alicia Dixon (Evaluator completing reference questionnaire) Email: addixon@flycpa.com FAX: Company: Lee County Port Authority (Evaluator's Company completing reference) Solicitation 23-8135 Telephone: 239-590-4618 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: RSW Mitigation Park Preserve Maintenance Project Budget: $329,337.00 Completion Date: May 2022 Project Number of Days: 60 Item Criteria Score must be complete 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS goo 6/9/2023 3:15 PM 17 p. 25 WOODS& WETLANDS INN Ecosystem Restoration Trusted Experience. Sustainable Solutions. • 2022 Southwest Florida International Airport Mitigation Park - Treatment of exotic species Woods and Wetlands Inc. has been actively involved in the continuous upkeep of Southwest Florida International Airport's conservation. lands since 2012. Our most recent undertaking occurred in the spring of 2022 at RSW's expansive Mitigation Park, spanning 7,000 acres within Imperial Marsh and Flint Pen Strand along Corkscrew Road. During this project, we successfully completed treatments on approximately 1,000 acres of invasive and nuisance vegetation. Our efforts encompassed several key tasks, including mechanical mulching of 150 acres infested with Brazilian pepper, trail maintenance covering 337 acres, and comprehensive maintenance across 558 acres of Imperial Marsh. Through our extensive experience in maintaining conservation areas and our strong rapport with RSW's environmental compliance staff, we consistently deliver thorough and successful maintenance events. As a trusted contractor, Woods and Wetlands is always among a select group invited to bid on projects within RSW's conservation areas. We eagerly anticipate the opportunity to contribute to these efforts each year. 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • Fax: 239-567-0932 • woodsandwetlands.com 18 23-8135 Reference Questionnaire for: Cvi111r3r County Co ler County r Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Woods & Wetlands Inc. (Name of Company Requesting Reference Information) David Quinlan, Cory O'Meara (Name of Individuals Requesting Reference Name: James Ratz (Evaluator completing reference questionnaire) Email: jamesratz@forestar.com FAX: Company: Forestar (Evaluator's Company completing reference) Solicitation 23-8135 239-225-2610 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hive the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Tamarindo. Exotic removal & planting Project Budget: $349,669.00 Completion Date: June 2021 Project Number of Days: 90 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 6/9/2023 3:15 PM 19 p. 25 WOODS WETLANDS > NC: Ecosystem Restoration Trusted Experience. Sustainable Solutions_ • 2021 Tamarindo Exotic Vegetation Removal and Replanting Tamarindo, a new residential community developed by Forestar and D R Horton, is situated on Sabal Palm Road in Naples, Florida. As part of the development process, Woods and Wetlands was entrusted with the crucial task of mitigating the 24-acre onsite wetland. Our team diligently executed the removal of mature Melaleuca and Brazilian pepper from 17 acres, while employing effective measures to eliminate the remaining invasive vegetation. Additionally, we undertook the impressive feat of planting close to 100,000 native species. The transformed 24-acre wetland now offers the new residents a breathtaking vista of indigenous flora and fauna. It is worth highlighting that this project was not only completed within the designated timeframe and budget but has also garnered widespread acclaim, earning high praises and compliance notices from the esteemed staff at SFWMD (South Florida Water Management District). 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • Fax: 239-567-0932 • wood sandwetlands.com 20 23-8135 Reference Questionnaire for: Collier County Co , ler COUnty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Woods & Wetlands Inc. (Name of Company Requesting Reference Information) David Quinlan, Cory O'Meara (Name of Individuals Requesting Reference Information) Name: Craig Callis (Evaluator completing reference questionnaire) Email: craig.callis@glhomes FAX: Company: GL Homes (Evaluator's Company completing reference) Solicitation 23-8135 Telephone: 954-575-6907 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and l representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Valencia Trails. Exotic veg removal/planting/mtc Project Budget: $296,688 Completion Date: May 2020 Project Number of Days: 60 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 6/9/2023 3:15 PM 21 p. 25 WOODS "QWTLAND S > ti t. Ecosystem Restoration Trusted Experience. Sustainable Solutions. • 2020 Valencia Trails Exotic Vegetation Removal and Replanting Valencia Trails, a residential community developed by GL Homes in Naples, Florida, is situated along lmmokalee Road. For the onsite conservation areas spanning 167 acres, Woods and Wetlands was chosen to undertake the initial mitigation work. Our team successfully removed 42 acres of exotic vegetation and implemented a kill -in -place approach for the remaining areas. Additionally, we carried out native plantings across 7 acres. This marked the inaugural collaboration between Woods and Wetlands and GL Homes, with our work passing all inspections conducted since the project commenced in 2020. Our ongoing maintenance efforts, as outlined in the 5-year contract, have ensured GL Homes' compliance with the permitted requirements. Recently, GL Homes approached Woods and Wetlands to propose a multi -year maintenance plan for the conservation areas in their Stonecreek community. Prior to our involvement, they had faced challenges with their previous contractor, resulting in multiple non-compliance notices and costly setbacks. Despite being less than six months into the restoration process for the 746-acre conservation areas, we are pleased to report that recent monitoring events have yielded consistently positive results. 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • Fax: 239-567-0932 • woodsandwetlands.com 22 23-8135 Reference Questionnaire for: Collier County Co 7e?- C01.H.ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Woods & Wetlands Inc. (Name of Company Requesting Reference Information) David Quinlan, Cory O'Meara (Name of Individuals Requesting Reference Information) Name: Matthew VanLeeuwen (Evaluator completing reference questionnaire) Email: mvanleeu@sfwmd.gov FAX: Solicitation 23-8135 Company: South Florida Water Management District (Evaluator's Company completing reference) 239-348-7530 ext. 7828 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hive the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a patticular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Exotic veg removal Hickey's Creek $373,813.00 Completion Date: ,June 2020 Project Number of Days: . It Item Criteria Score must be complete 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 1 0 5 Professionalism and ability to manage personnel. 100 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 1 0 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 1 O 10 Overall comfort level with hiring the company in the future (customer satisfaction). 1 0 TOTAL SCORE OF ALL ITEMS 100 6/9/2023 3:15 PM 23 p. 25 WOODS WETLANDS INC Ecosystem Restoration Trusted Experience. Sustainable Solutions. • 2020 HAZARDOUS AND EXOTIC VEGETATION DEBRIS AND TRASH REMOVAL Hickey Creek North & South Banks 2.1 Miles In early 2020, Woods and Wetlands Inc. secured a contract for the comprehensive removal and responsible disposal of hazardous and exotic vegetation, litter, trash, and debris along the scenic banks of Hickey Creek. This project spanned from the County kayak launch at Hickey's Creek Park to the Caloosahatchee River in Lee County. Through meticulous planning and the utilization of our specialized equipment, we successfully and safely completed the contract ahead of schedule, meeting the satisfaction of all parties involved. Notably, Woods and Wetlands has proudly accomplished numerous other projects for SFWMD (South Florida Water Management District) since then. We have further established ourselves as the preferred contractor for SFWMD/Lee County -funded initiatives aimed at removing hazardous and invasive vegetation from waterways. Our reputation precedes us, and we are often independently approached for these projects because our track record guarantees timely and reliable execution every single time. The growing opportunities provided by SFWMD and other organizations have allowed Woods and Wetlands to expand our equipment lineup. We now possess one of the few amphibious excavators in Florida, capable of local transportation, equipped with suitable attachments, and ready for action within a matter of hours. Just last month, SFWMD relied on our expertise and amphibious excavator for the challenging task of mowing Brazilian pepper within a muddy ditch that no other equipment could handle, specifically for the C43 project. Whether it's in the depths of the woods, on the waters, or anywhere in between, Woods and Wetlands remains committed to delivering unparalleled quality and professionalism to our valued clients. 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • Fax: 239-567-0932 • woodsandwetlands.com 24 WOODS&Ii WETLANDS INC Ecosystem Restoration Trusted Experience. Sustainable Solutions. • 2019 Hacienda Lakes of Naples Phase B (225AC) Preserve Maintenance Woods and Wetlands Inc. has been providing a wide range of services to David Torres, the President of Hacienda Lakes of Naples and FL Star Development, for over ten years. Our services include the removal of exotic vegetation, maintenance of preserves, and native planting. Through our dedicated efforts, we have significantly contributed to the restoration of wetlands within Hacienda Lakes' conservation areas, spanning nearly 2,000 acres. One notable project area is Phase B, a restoration area covering 225 acres, situated along Sabal Palm Road. Since 2016, we have been actively involved in this site, beginning with the removal of exotic vegetation, implementing selective kill -in -place treatments, and installing hundreds of thousands of native plants. Over the years, we have conducted numerous maintenance events to ensure the continued well-being of the area. These diligent endeavors have been recognized by esteemed entities such as the South Florida Water Management District (SFWMD) and the environmental consultant Passarella & Associates. Positive feedback from successful inspections, monitoring reports, and the evident improvement in the wetlands' health and condition serve as a testament to Woods and Wetlands' unwavering commitment to excellence. M- 1-� � f. 1_ 7 i. AJ 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • Fax: 239-567-0932 • woodsandwetlands.com 25 Solicitation: 23-8135 Reference Questionnaire for: Collier County C0 7er C;oumty Procurement Services Division Form 4 Reference Questionnaire (USE OA'E FORT! FOR EACH REQUIRED REFERENCE) Woods & Wetlands Inc. (Name of Company Requesting Reference Information) David Quinlan, Cory O'Meara -�- A (Name of Individuals Requesting Reference In Name: David Torres (Evaluator completing reference quest Email: david a torresconlpanies.conl F PrallY: Hacienda Lakes of Naples, LLC valuator's Company completing reference) Solicitation 23-8135 Telenhone: 239-208-4079 Collier County has implemented a process that colts referencc information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firnl/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivclival again). if you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Hacienda Ph. B Preserve maintenance Project Budget: $38,000.00 Completion Date: Feb 2019 Project Number of Days: 30 Item Criteria Score must be completed) 1 _ Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. r lr 4 _ Quality of consultative advice provided on the project. [ 5 Professionalism and ability to manage personnel. 6 Project administration (completed dOCL1111CntS, final invoice, final product turnover; invoices; manuals or going forward (IOCu111e11tatlon, etc.) Y 7 Ability to verbally communicate and document information clearly and succinctly. + 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. f 0 10 Overall comfort level with hiring the company in the future (customer satisfaction). r TOTAL SCORE OF ALL ITEMS , 6/9/2023 3:15 PM 26 p. 25 WOODS& WErTLANDS INN1 Ecosystem Restoration Trusted Experience. Sustainable Solutions. Original Final Original Final Number Project Description Client Name Start End End Project Project of Date Date Date Amount Amount Change Orders 022 Lee County Marsh Maintenance. Multi- Lee County 5/13/2022 12/22/2022 12/22/2022 $300,000 $300,000 0 year contract to provide 3 maintenance events/year Jennifer Hubbard I Project or 13 different filter marshes throughout Lee Manager County. Associated work includes herbicide Natural Resources office: treatment and removal of nuisance and FISC listed (239) 533-8138 invasive species, native vegetation trimming, cell: (239) 565-9054 owing, and trash removal. email: jlutp Mile Cypress, 10 Mile Canal, Briarcliff, Fichter's Ryan Riordan I Project Creek, Gator Slough, Halfway Creek, Lakes Park, Manager alle Grade, Palmona Park, Popash Creek, Powell Natural Resources office: Creek, Prairie Pines, Yellow Fever Creek. (239) 533-8132 Cell: (239) 940.6403 email: rriordan( leegov.ufiln 021 Fiddler's Creek Community Expansion. FCC Creek, LLC /21/2021 12/14/2021 12/14/2021 $91,330 $91,330 0 Two conservation areas totaling 12.4 acres Joseph Livio Parisi, Esq. involving the mechanical and hand -removal of General Counsel exotic vegetation and native plantings, parisii'rr<�ullbtt� corm. Office Approximately 50%ofthe area was a monoculture of (239) 732-9400 Brazilian pepper and Lygodium. Supplemental Cell (239) 398-2140 plantings throughout the wedand forest acid marsh in addition to current maintenance events have resulted in maintaining permit requirements. 020 Esplanade By The Islands. TaylorMorrison 8/19/2020 9/28/2020 /28/2020 $141,750 $141,750 0 Two conservation areas totaling 31.5 acres Keith Norton involving the mechanical and hand -removal of Land Development Manager exotic vegetation. Hand removal efforts preserved the kno'It'n4mm lomton kotr.com. native vegetation that is currently healthy and Office (239) 322-3781 thriving. Mechanical removal and plantings Cell (239) 850-3617 throughout the e3 & e4 areas have promoted the restoration efforts. 019 Telegraph Creek Preserve. Lee County Parks & 1/2/2019 3/8/2019 /8/2019 $123,450 $123,450 0 The project area totals 1726 acres and involved 2 Recreation, Conservation reatments, an initial treatment. Lands followed up with a 60-day retreatment for all JeffAnderson current FLEPPC Category 1 and 2 exotic plant Conservation Lands species. Some of the more common species were Coordinator Brazilian pepper, guinea grass, rose natal grass, <f!E ersonnleegoy.com ogon grass, melaleuca, old world climbing fem, Phone: (239) 707-8251 west indian marsh grass, lantana, lead tree, caesars weed, and downy rose myrtle. Successful event. 018 Collier County Public School Site L South Florida Excavation Inc 10/10/2018 10/24/2018 10/24/2018 $42,900 $42,900 0 mmokalee Road. Russell Anderson This future school site has an 11.66-acre President conservation area where we removed and treated all Tel: invasive vegetation. All woody exotics within the 239) 596-8111 first 75' were cut/stump treated and removed. All Cell: (239) 290-6320 maining exotic vegetation was killed in place with he appropriate herbicide and left to naturally decompose. This initial event provided a successful time -zero monitoring report. 18731 Durrance Road 9 North Fort Myers, Fl. 33917 • Phone2P9-567-1857 • Fax: 239-567-0932 9 woodsandwetlands.com WOODS WETLANDS INC Ecosystem Restoration Trusted Experience. Sustainable Solutions. Collier County IRQ Solicitation 23-8135 Exotic and Nuisance Vegetation Removal SPECIALIZED EXPERIENCE OF TEAM MEMBERS Dedication to the Company's mission of excellence is not accomplished by promises or wishful thinking but by the consistent daily execution of doing whatever -it -takes -to -get -the -job -done -right -the -first-time by a highly talented, experienced and resourceful group of environmentally sensitive professionals who are intimately familiar with our region and the various species found on the current FISC list of Invasive Plant Species which. presents a never-ending challenge to land managers in all of Florida and to those in Collier County, in particular. David ] Quinlan President PRIMARY CONTACT 24/7 813-205-1973 Cory S. O'Meara Vice -President / COO PRIMARY CONTACT 24/7 239-994-4740 Kole L. Truckenmiller Operations Manager & P/T Crew Leader 239-770-0426 FDACS #CM20702 NATURAL AREAS AND AQUATICS FDEP #24541 STORMWATER EROSION CONTROL 12 years field experience in Collier County FDACS #CM23094 NATURAL AREAS & AQUATICS ISA CERTIFED ARBORIST # FL-9188A / PMT FL FORESTRY CERT PILE BURNER #P-2010-0627 FISC CAT I & II ID Knowledge 15 years field experience with extensive knowledge of Collier County and surrounding areas ecosystem and natural areas. FDACS #CM25274 NATURAL AREAS FISC CAT I & II ID Knowledge 18 years field experience with extensive knowledge of Collier County and surrounding areas ecosystem and natural areas. Shane P. Tucker FDACS #CM22272 NATURAL AREAS, FOREST &AQUATICS Superintendent & ISA CERTIFED ARBORIST # FL-9455A / PMT P/T Crew Leader FISC CAT I & II ID Knowledge 239-410-1068 10 years field experience with extensive knowledge of Collier County natural areas. Paul A. Vertefeuille Crew Leader 239-672-1854 FDACS #CM26813 NATURAL AREAS & AQUATICS FISC CAT I & II ID Knowledge 3 years field experience in Collier County. Woods and Wetlands organizational chart setting forth lines of direct reports and the resumes of the three key individuals who would be authorized to represent Woods and Wetlands to and with Collier County follow within. 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • www. woodsandwetlands.com 28 Administrative Assistant Crew Leader Laborer Laborer Laborer Laborer FLaborer �zrooDs� WETLANDS iN� President Vice President Superintendent Crew Leader Laborer Laborer Laborer Laborer Operations Manager Laborer Laborer Laborer Laborer T2395671857 www.woodsandwetiands.com Crew Leader Laborer Laborer Labore Laborer Laborer Laborer Laborer 29 WOODS WETLANDS 1 Nc Ecosystem Restoration Trusted Experience. Sustainable Solutions. Cory O'Meara is the Vice President and COO of Woods and Wetlands. Cory is responsible for planning and overseeing the day-to-day operations, equipment, vehicles and personnel required for the successful completion of all tasks necessary to ensure the satisfaction of each clients' specific needs. And given his position, Cory is the keeper of the company's reputation for excellence. Cory has more than 15 years of increasingly important industry experience and is a Certified FL Arborist in addition to holding an FDACS Commercial Applicator License in the Natural Areas and Aquatic categories. Cory's 24/7 cell number is 239 994 4740. Kole Truckenmiller is the Operations Manager of Woods and Wetlands. Simply put, Kole is charged with the implementation of the company's daily plans and objectives. Kole was born and raised in Lee County and is intimately familiar with all phases of environmental remediation as it pertains to our area. Suffice it to say that he is now able and will follow the best remediation practices going forward. Kole holds an FDACS Commercial Applicator License in the Natural Areas and Aquatic categories and is the company's resident heavy and specialty equipment operator. Kole's cell number is 239 770 0426. Shane Tucker is the Superintendent of Woods and Wetlands. Shane serves, as his title suggests, as the main crew contact responsible for multiple labor crews/projects and assists Cory and Kole on an as -needed basis. Shane is also a Certified FL Arborist and holds an FDACS Commercial Applicator License in the Natural Areas, Aquatic, and Forest categories. Shane's cell number is 239 410 1068. Responsiveness, good communication and high -quality work are the hallmarks of a company with whom everyone wants to work. Having an impressively talented and experienced staff is the foundation upon which Woods and Wetlands prides itself on its reputation for excellence, but it is the ability of its clients to pick up the phone and call/text or send an email and receive an appropriately timely response that sets Woods and Wetlands apart. The willingness to be always available inspires confidence, trust and peace of mind among the company's clients who know they are important and never intentionally ignored. 18731 Durrance Road • North Fort Myers, FL 33917 • Phone: 239-567-1857 • www. woodsandwetlands.com 30 Cory S.0'Meara 2800 SW 29"' Place • Cape Coral, FL 33914 • (239) 994-4740 cory@wwdsandwedands.com VICE PRESIDENT/000 Ecosystem Restoration Professional with a 15-year record of success overseeing all phases of exotic, non- native and nuisance vegetation removal and replanting of native species for government and private -sector clients. Experience includes managing crews of up to 50 in preserve mitigation, restoration and maintenance and upland/wetland plantings; beach and coastal re -vegetation; gopher tortoise and other endangered species relocation; mangrove trimming and a variety of other environmentally sensitive projects. Backed by strong credentials and a proven history of on -time, on -budget and high -quality project completions. SKILLS — Environmental Remediation Project — Subcontractor/Crew Supervision Management and Oversight — Bidding/Estimating/Proposals EMPLOYER SUMMARY WOODS AND WETLANDS INC (N Fort Myers FL) — Vice President/COO 04/2017 to Present Responsible for bidding all work and managing all day-to-day operations with 2 direct reports WOODS AND WETLANDS INC (N Fort Myers FL) Operations Manager 07/2014 to 04/2017 Assign and direct multiple crews and equipment on all phases of environmental remediation statewide and assist with bidding projects. WOODS AND WETLANDS INC (N. Fort Myers FL) — Superintendent 10/2011 to 07/2014 Supervise multiple crews and equipment on all phases of environmental remediation. Ecosystem Technologies Inc (Fort Myers FL) — Crew Leader, 0512008 to 1012011 Managed all phases of environmental remediation. EDUCATION sity of Central Florida Associates Degree 2004 CERTIFICATIONS ISA CERTIFIED ARBORIST FL-9188A FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Commercial Herbicide Applicator License CM23094 31 Kole L. Truckenmiller 3512 6501 Street W • Lehigh Acres, FL 33971 • (239) 770-0426 koie@woodsandwettands.com OPERATIONS MANAGER Ecosystem Restoration Manager with a 18 year record of success overseeing all phases of exotic, non- native and nuisance vegetation removal and replanting of native species for government and private -sector clients. Experience includes managing crews of up to 50 in preserve mitigation, restoration and maintenance and upland/wetland plantings; beach and coastal re -vegetation; gopher tortoise and other endangered species relocation; and a variety of other environmentally sensitive projects. Backed by strong credentials with years of heavy equipment operation and a proven history of on -time, on -budget and high - quality project completions. SKILLS — Environmental Remediation Project — Subcontractor/Crew Supervision Management and Oversight — Bidding/Estimating/Proposals EMPLOYER SUMMARY WOODS AND 'WETLANDS INC (N Fort Myers FL) - Operations Manager 06/2017 to Present Assist VP/COO with all day-to-day operations; assign and direct multiple crews and oversee safe and successful operation of heavy equipment on all phases of environmental remediation; assist with bidding projects ECOSYSTEM TECHNOLOGIES INC (Fort Myers FLU Superintendent/PrWect Manager, 08/2004 to 06/2017 :d all phases of environmental remediation and heavy equipment operator. CERTIFICATIONS FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Commercial Herbicide Applicator License CM25274 32 Shane P. Tucker 702 SW 3rd Court • Cape Coral, FL 33991 • (239) 410-1068 shane@wwdsandwetiands.com SUPERINTENDENT Ecosystem Restoration Manager with a 10 year record of success overseeing all phases of exotic, non- native and nuisance vegetation removal and replanting of native species for government and private -sector clients. Experience includes managing crews of up to 25 in preserve mitigation, restoration and maintenance and upland/wetland plantings; beach and coastal re -vegetation; gopher tortoise and other endangered species relocation; mangrove trimming and a variety of other environmentally sensitive projects. Backed by strong credentials and a proven history of on -time, on -budget and high -quality project completions. — Environmental Remediation Projects SKILLS EMPLOYER SUMMARY — Subcontractor/Crew Supervision — Bidding/Estimating/Proposals WOODS AND WETLANDS INC (N Fort Myers FL) Superintendent 06/2017 to Present Supervise multiple crews and equipment on all phases of environmental remediation and assist with bidding projects WOODS AND WETLANDS INC (N Fort Myers FL) — Crew Leader/Project Manager 08/2012 to 06/2017 Crew leader and equipment operator on all phases of environmental remediation with increasing project management experience and responsibility. EDUCATION Southwest Florida College Associates Degree 2010 CERTIFICATIONS ISA CERTIFIED ARBORIST FL-9455A FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Commercial Herbicide Applicator License CM22272 33 WOODS&WETLANDSINC Ecosystem Restoration Firm & Employees Licenses & Certifications License Type Issued to License Number FDACS - Licensed Dealer in Agriculture Products Woods and Wetlands, Inc. AD475 ISA Certified Arborist Cory O'Meara FL-9188A ISA Certified Arborist Shane Tucker FL-9455A FDACS - Certified Pile Burner Cory O'Meara P2010-0627 FDACS - Commercial Pesticide Applicator License - Cory O'Meara CM23094 Natural Areas & Aquatic Pest FDACS - Commercial Pesticide Applicator License - David Quinlan CM20702 Natural Areas & Aquatic Pest FDACS - Commercial Pesticide Applicator License - Kole Truckenmiller CM25274 Natural Areas & Aquatic Pest FDACS - Commercial Pesticide Applicator License - Shane Tucker CM22272 Natural Areas, Aquatic Pest & Forest Pest Control FDACS - Commercial Pesticide Applicator License - Paul Vertefeuille CM26812 Natural Areas & Aquatic Pest Collier County - Certificate of Competency - Tree David Quinlan C33933 Removal & Landscaping DEP - Qualified Stormwater Management Inspector David Quinlan Inspector # 24541 DEP - Best Management Practices David Quinlan GV23698 34 Florida Department ofAgriculturc and Consumer Services ILigcni,e Cat IA1 Ag RgR�i�S ow Crop 5B Organotin Paint I A2 Ag Tree Crop 6 Right of Way 1 B Ag Animal 7A Wood Treatment IC Privaie Applicator Ag 7B Chlorine Gas Infusion 1 D Soil and Greenhouse rum 7C Sewer Root Control 1 E Raw Ag Commodity Fum 9 Regulatory Pest Control 2 Forest Pest Control 10 Demonstration and Research 3 Ornamental and Turf I I Aerial Application 4 Seed Treatment 20 Regulatory Insp. and Samp SA Aquatic Pest Control 21 Natural Areas Weed Mgrnt For information, call (850) 617-7870 Poriba Mepartment of fgricutture aub Consumer 6erbicto Pesticide Certification Office Commercial Applicator License License # CM23094 O'MEARA, CORY S Categories 2800 SW 29TH PL 21, 5A CAPE CORAL, FL 33914 issued: December 2, 2022 Expires: August 31, 2026 G et of Licensee WILTON SIMPSON, COMMISSIONER 'Ihe Idnec indi+iJulJ m hantawl tln,kr the Inaelxiun, of C'hepta •187, F.5 to p.mhaw and apphv wAnlMd uu I,erliclJc+. jiloriba -Riepartintnt of Agriculture anb (Consumer *erbicc5 Pesticide Certification Office Commercial Applicator License License # CM22272 TUCKER, SHANE PATRIC.'K Categories 702 SW 3RD Cf 21, 2, 5A CAPE CORAL, FL 33991 Issued: May 19, 2021 Expires: May 31, 2025 - ` -7 /"" -—�'� ! ' ( ` " Signature of Licensee NICOLE "NIKKI" PRIED. COMMISSIONER The ahove individual is Iiecr,.cd under the precisions oCChaplor 07, F.S. In prrchasa and a;lply rotriac i use I 3Floriba Department of Sgrfculhire anb CLonoutner faierbiceg Pesticide Certification Office Commercial Applicator License i.icense # CM26912 VL:.11I'1:FRUILLF, PAUL ADAM Cataporics 1429 CAYWOOD CiR 21, 5A LEHICH ACRES, FL 33936 Issued: r owe 20, ZO Expires: November 30, 2024 n t. SWi itsare of Lice NICOLE "NIKKI" FRILL). COMMISSIONER Th. �hu+e ta&i idnnt i Iech+cd wwm the pm+d,lnlp or0hpicr,187. F.S. wpunlim and opply mxrieted we peairides. ---- ---- -- - - �Iuriba 1}Jtpartmcnt of gricuttllre anb C0116unler �crbitxg Pesticide CertMeation Offlee Commercial Applicator License License # CM25274 TRUCKENMILLER, KOLE L Categories 3512 6517H ST W 21, SA LEHIGH ACRES, FL 33971 Issued: January 16, 2018 Expires: January 31, 2026 SFgnature of N1001F "NIKKI" FRIED, COMLYA$SIONER Th metre fMlrlAual is IroeareJ tvtler me prorlutns of Duper 47, F.S. to PuehWe W apply rtaoWotl utc poliada. jlotiba Ritpartment of agriculture anb Conounter otrbite8 Pesticide Certification Office Commercial Applicator License License # CM20702 QUINL.AN, DAVID JAMES Categories 1480 MANUELS DRIVE $A, 21 FORTMYERS. Fl. 33901 Issued: December 1, 202 Expires: October 31, 2026 q42-rLit .Cc NIC'OLE"NIKKI"FRILn,COMMISSIONER Ilk ale+c tedi+idx�t 77 Hlrn.«Ivrlder ilte,+m+tunR+o!'rhpx.r JN7, F ti. to purclwre Ntd apply renrknd tuc pedieldn. 35 Collier County Board of County Commissioners Certificate of Competency Collier County * City of Marco * City of Naples * City of Everglades Issued Date: 09/08/2022 Company: WOODS AND WETLANDS, INC Address: 18731 DURRANCE RD FT MYERS, FL 33917 Telephone: (239) 567-1857 Qualifier: QUINLAN, DAVID J. License #: C33933 Issuance #: 201300001347 Classification: TREE REMOVAL & TRIMMING CONTR. Valid Thru: 09/30/2023 It is the Qualifier's responsibility to keep current all records with Collier County. This shall include insurance certificates and/or contact information. Always verify licenses online at https:/Icvportal.colliercountyfl.gov/CityViewWeb/ Do not after this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. This Collier County Certificate of Competency's status and expiration date may change on July 1, 2023, due to the State of Florida House Bill No.735. Please visit our website at www.colliercountyfl.gov/oovernment/growth-management/divisions/operations-regulatory- management/contractor-licensing for more information as it becomes available. W Collier County Board of County Commissioners Certificate of Competency Collier County * City of Marco * City of Naples * City of Everglades Issued Date: 09/08/2022 Company: WOODS AND WETLANDS, INC Address: 18731 DURRANCE RD FT MYERS, FL 33917 Telephone: (239) 567-1857 Qualifier: QUINLAN, DAVID J. License #: C33933 Issuance #: 201300001348 Classification: LANDSCAPING RESTRICTED CONTR. Valid Thru: 09/30/2023 State License #: State Valid Thru: It is the Qualifier's responsibility to keep current all records with Collier County. This shall include insurance certificates and/or contact information. Always verify licenses online at https://cvportal.colliercountyfl.gov/CityViewWeb/ Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. This Collier County Certificate of Competency's status and expiration date may change on July 1, 2023, due to the State of Florida House Bill No.735. Please visit our website at www.colliercountyfl.goy/government/growth-management/divisions/operations-regulatory- management/contractor-licensing for more information as it becomes available. 37 INTERNATIONAL SOCIETY oF ARBORICULTURE CERTIFIED ARBORIST0� Cory Stephen O'Meara Having successfully completed the requirements set by the International Society of Arboriculture, the above named is hereby recognized as an ISA Certified Arborist® Luana Vargas CaMyn Pollihan Director of Credentialing Services Executive Director International Society of Arboriculture International Society of Arboriculture FL-9188A 25 Jun 2016 30 Jun 202S Certification Number Certified Since Expiration Date L r i #0847 ISOAEC 17024 Peronnd Certification Program ISA Certified Arborist` M The International Society of Arboriculture Hereby Announces That 9kaffe Yatrkk Stwker Has Earned the Credential ISA Certified Arborist By successfully meeting ISA Certified Arborist certification requirements through demonstrated attainment of relevant competencies as supported by the ISA Credentialing Council Alk-Pd&k-e� Caitlyn Pollihan CEO & Executive Director 19 December 2018 31 December 2024 FL-9455A Issue Date Expiration Date Certification Number ANSI National Accreditation Board A C C R E D I T E D MNEW- PERSONNEL CERTIFICATION BODY #0847 ISA Certified Arborbt 39 FLORIDA FOREST SERVICE THE CONNER BUILDING (850) 681-5800 0 3125 CONNER BOULEVARD TALLAHASSEE, FLORIDA 32399-1650 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER NICOLE "NIKKI" FRIED January 11, 2022 Cory O'Meara 18731 Durrance Rd N6rth Ft Myers, FL 33917-5254 Dear Cory O'Meara: The Florida Forest Service, as outlined in the Florida Administrative Code 51-2.006(8)(d), requires every Certified Pile Burner registered in the State of Florida to submit his or her certification number for five completed pile burns in the preceding five years to maintain their status as a Certified Pile Burner. Failure to meet this requirement will result in the loss of your Certified Pile Burner status. After reviewing the Certified Pile Burner records, our information shows that your certification (Number P20100627) is in good standing until the date shown below. Pile Bum Requirement Good Through: December 31, 2025 *** There is no further action required on your part. *** You can see this information and place an open burn request online by accessing the web based open burn authorization system (WebOBA). The easiest way to access the system is to go to www.FDACS.eov and search WebOBA. For questions about the requirements to maintain certification, please visit the following web site: www.FDACSgov/RxFire/RxFire. Sincerely, U John W. Raulerson, Chief Forest Protection Bureau 1-800-HELPFLA www.FDACS.gov LA Lei Department of ;, Environmental Protection FLORI A 2600 Blair Stone Road, M.S. 3570 Tallahassee, Florida 32399-2400 September 23, 2010 Congratulations on successfully completing the Florida Stormwater Erosion and Sedimentation Control Inspector Training Program. I greatly appreciate your participation in and successful completion of this course. I hope that it has helped you to better understand Florida's stormwater problems and the importance of proper design, construction, and maintenance of erosion and sediment controls during construction, in order to assure the proper long-term operation and maintenance of stormwater systems after construction is completed. Attached you will find your numbered certificate and wallet card. Please let me know if there are any errors in the certificate or card, or in the grading of your exam. If 1 can be of further assistance, please do not hesitate to contact me at 850/245-8294 or via email: halton.lunsford@dep.state.fl.us David Quinlan Woods and Wetlands, Inc 18731 Durrance Road Fort Myers, Florida 33917 QUALIFIED STORMWATER MANAGEMENT INSPECTOR The undersigned hereby acknowledges that David Jo Quinlan has successfully met all requirements necessary to be fully certified through the Florida Department of Environmental Protection Stormwater Erosion and Sedimentation Control Inspector Training Program Ilr/z� August 26, 2010 Inspector Number 24541� Hal Lunsfor Heather Ritchie OF `FLGRIUA II 9 Flay A " Certificate of Training IFAS Extension .t GV23698-1 Best Management Practices Ccrtificate # Florida Green Industries GV23698 Tnunec In # The undersigned hereby acknowledges that David Jo �uin]lam has successfully met all requirements necessary to be fully trained through the Green Industries Best Management Practices Program developed by the Florida Department of Environmental Protection with the Uwv sity �wf Florida Institute of Food and Agricultural Sciences. S. Brown 8/20/2013 Issuer Instructor Date of Class DEP Pr4ma—t,A&Aministrator Not valid without seal - M 42 Collier County Solicitation 23-8135 Co 1e,r C01414ty Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your ProposalBid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. ® General Bid Instructions has been acknowledged and accepted. ® Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Form 1: Vendor Declaration Statement ® Form 2: Conflict of Interest Certification ❑X Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. Form 3: Immigration Affidavit Certification MUST be signed and attached with Your submittal. II E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. Form 5: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. © Vendor W-9 Form. ] Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. The Bid Schedule has been completed and attached with your submittal, applicable to bids. ] Copies of all requested licenses and/or certifications to complete the requirements of the project. �] All addenda have been signed and attached. © County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. R Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. 6/9/2023 3:15 PM 43 p• 20 Collier Country Solicitation 23-8136 Co_ler C01411ty Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 10th day of July , 20 23in the County of Lee . in the State of Florida Firm's Legal Name: Woods and Wetlands, Inc. Address: 18731 Durrance Rd City, State, Zip Code: North. Fort Myers, FL 33917 Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: 27-3519783 239-567-1857 david@woodsandwetl an ds. con i David Quinlan / President 6/9/2023 3:15 PM 44 p 21 Collier County Solicitation 23-8135 Additional Contact Information Send payments to: Woods and Wetlands, Inc. (required if different from Company name used as payee above) Contact name: David Quinlan Title: President Address: 18731 Durrance Rd City, State, ZIP North Fort Myers, FL 33917 Telephone: 239-567-1857 Email: david@woodsandwetlands.com Office servicing Collier County to place orders (required if different from above) Contact name: Same as above Title: Address: City, State, ZIP Telephone: Email: 6/9/2023 3:15 PM 45 p 22 Collier County Solicitation 23-8135 C;U 1e7' CUulity Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Woods and Wetlands, Inc. Co y Name Signature David Quinlan, President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this loth day of July (month), 2023 (year), by David Quinlan (name ofperspri acknowledging). Personally Known OR Produced Identification Personally Known Type of Identification Produced (Si ture of Notary Public) ans (Print, Type, or_ StamnLaninissioned Name of Notary Public) 4;n+� SHANNON NEWMAN$ * _ MY COMMISSION # HH 2OM EXPIRES: March 20, 2026 • �• "'' Bonded Thu NofArfi Put k und(xwri�a •••.FOR RO,, 6/9/2023 3:15 PM 46 p. 23 State of Florida Department of State I certify from the records of this office that WOODS AND WETLANDS, INC. is a corporation organized under the laws of the State of Florida, filed on September 21, 2010. The document number of this corporation is P 10000077317. I further certify that said corporation has paid all fees due this office through December 31, 2023, that its most recent annual report/uniform business report was filed on March I, 2023, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of'Florida at Tallahassee, the Capital, this the First day of.March, 2023 .Secretuty. l f stlltC' Tracking Number: 6951686639CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.s u nbiz.org/Filings/Ce rtificateOfSt a tus/Certific ateAuth a ntic ation 47 2023 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P10000077317 Entity Name: WOODS AND WETLANDS, INC. Current Principal Place of Business: 18731 DURRANCE ROAD NORTH FORT MYERS, FL 33917 Current Mailing Address: 18731 DURRANCE ROAD NORTH FORT MYERS, FL 33917 US FEI Number: 27-3519783 Name and Address of Current Registered Agent: JEFFRIES, DAVID M 1227 NORTH FRANKLIN STREET TAMPA FL 33602 US FILED Mar 01, 2023 Secretary of State 6951686639CC Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title D Title P Name QUINLAN, DAVID J Name QUINLAN, DAVID J Address 1480 MANUELS DR Address 1480 MANUELS DR City -State -Zip: FORT MYERS FL 33901 City -State -Zip: FORT MYERS FL 33901 Title S Title T Name QUINLAN, DAVID J Name QUINLAN, DAVID J Address 1480 MANUELS DR Address 1480 MANUELS DR City -State -Zip: FORT MYERS FL 33901 City -State -Zip: FORT MYERS FL 33901 I hereby certify that the Information Indicated on this report or supplemental report Is true end accurate and that my electronic signature shell have the some legal effect as Mmade under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: DAVID J QUINLAN JR PRESIDENT 03/01/2023 Electronic Signature of Signing Officer/Director Detail Date 48 Collier County Solicitation 23-8135 4Z;0 e-r County Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify_govl), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BED MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the [NA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Woods and Wetlands, Inc. Com yName Signature David Quinlan, President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of ® physical presence or 0 online notarization, this 10th day Of July (month), 2023 (year), by David Quinlan -[name of�n acknowledging}. of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Personally Known <�*!+ SHIWNON NEWMANS *; *: MY COMMISSION # HH 200M �: Type of Identification Produced :;; EXPIRES: March 20,2026 ±r OF �l•B=W TWu NoWy AAIr W&MUM 6/9/2023 3:15 PM 49 p. 24 w E-Verifv-. ryr�•, xr Mr Company ID Number: 1796039 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and Woods and Wetlands Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 50 Sri E-Vfv- NW Company ID Number: 1796039 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274E of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 51 E-Verif-v-. Off — Company ID Number: 1796039 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111.6, below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 52 -Verifv- or W-111,i91111111, Company ID Number: 1796039 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274E of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(aD_dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 53 E-Verifv, 1W Company ID Number: 1796039 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web,)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22,18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2, In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 54 E-Verifv_ Er r` Company ID Number: 1796039 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 55 E-Verifv Company ID Number: 1796039 Article II.C.5, but reflects documentation (such as a U.S.. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 56 - +eriEW } Sf pTt � Company ID Number: 1796039 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 57 E-Verifv. Company ID Number: 1796039 case, The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4, The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 58 E-Verifv. Ay= +4+sis:nr Company ID Number: 1796039 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 59 E-Verifv. s fS11u11 Company ID Number: 1796039 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1796039 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 61 E-Verify- Company ID Number: 1796039 Approved by: Employer Woods and Wetlands Inc. Name (Please Type or Print) Title David J Quinlan Signature Date Electronically Signed 02/14/2022 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 02/14/2022 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- EW I Company ID Number: 1796039 Information Required for the E-Verify Program Information relating to your Company: Company Name Woods and Wetlands Inc. Company Facility Address 18731 Durrance Rd North Fort Myers, FL 33917 Company Alternate Address County or Parish LEE Employer Identification Number 273519783 North American Industry Classification Systems Code 238 Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 63 Company ID Number: 1796039 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FL Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 64 riy s. Company ID Number: 1796039 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Shannon D Newmans Phone Number 2395671857 Fax 2395670932 Email shannon anwoodsandwetlands.com Name David J Quinlan Phone Number 2395671857 Fax 2395670932 Email davidO.woodsandwetlands.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 65 E-Verifv Company ID Number: 1796039 This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Collier County Solicitation 23-8135 FORM 5 IF APPLICABLE GRANT PROVISIONS AND ASSURANCES FORMS ARE PROVIDED IN A SEPARATE PACKAGE AND MUST BE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BIDIPROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. 6t9t2023 3:15 PM 67 p. 26 Collier County Solicitation 23-8135 CONFIRM ALL REQUIRED LICENSES AND FORMS ARE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. 6/9l2023 3:15 PM 68 p. 27 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA.financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. c 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards c 44 C.F.R. Part 206 c> The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities c FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 6/9/2023 3:15 PM 69 p• 28 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 6/9/2023 3:15 PM 70 p. 29 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 6/9/2023 3:15 PM 71 p. 30 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpartC and 2 C.F.R. pt. 3000, subpartC while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www_epa.gov/smm/coinprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 6/9/2023 3:15 PM 72 p. 31 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 6/9l2023 3:15 PM 73 p. 32 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 6/9/2023 3:15 PM 74 p. 33 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 6/9/2023 3:15 PM 75 p. 34 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Date July 10, 2023 Authorized Signature Woods and Wetlands, Inc. EXHIBIT I - 8 6/9/2023 3:15 PM 76 p. 35 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Woods and Wetlands, Inc. By: 30 Sign 06 David Quinlan, President Name and Title 18731 Durrance Rd Street Address North Fort Myers, FL 33917 City, State, Zip UEI Unique Entity Identifier (for SAM.gov verification) July 10, 2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 6/9l2023 3:15 PM 77 p. 36 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT wilt be verified. urwerifabW statuses will require the PRIME to either provide a revised statement or provide source documentation that validates a A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT Woods and Wetlands, Inc 27-3519783 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN Y t5 TFIE ACTIVITY OF THIS _-' -- I CONTRACT._ MINORITY ORWOMEN BUSINESS ENTERPRISE? ,DBEIMBE(V16E) OR HAVE A SMALL DISADVANTAGED DBE? Y N MBE? Y CONSTRUCTION? Y BUSINESS SACERTIFICATION FROMMESMALL BUSINESS CONSULTATION? Y E4 ADMINISTRATION? A SERVICE DISABLED VETERAN? WOE? Y All OTHER? N SD8 SA? Y IS TWS SUBMISSION A REVISION?, Y IF YES, REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE TM NEXT SECTION DBE MP"E SUBCONTRACTOR OR SUPPLIER TYPE OF WORK O11 ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY ISeeBelow] DOLLAR AMOUNT DOLLARS TOT C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMrrTER DATE TITLE OF SUBMnTER David Quinlan July 10, 2023 President EMAIL ADDRESS OF PRIME (SUSMITTER) TELEPHONE NUMBER FAX NUMBER david@woodsandwetiands.co 239-567-1857 N/A NOTE: This information is used to track and report anticipated OBE or MBE participation in federally-fmrded contracts. The anticipated DBE or MBE amount is voka tary and will not became part of the con actual terms. This form must be submitted at tine of response to a solicitation. if and when awarded a County contract the prime will be a sMd to update the information for the grant comphamcefies. .� �1NIYN�fY #'�DITE Black American BA Hispanic American HA Native American NA Subcont. Asian American SAA Asian-Pacift American APA Non -Minority Women NMW othef: not of any other group listed O D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME I CALLER CONTRACT It fIFBiRFP or POI RECL1 I GRANT PROGRAM i CONTRACT EXHIBIT I -10 6/9/2023 3:15 PM 78 p. 37 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor) certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Woods and Wetlands, Inc. Contractor (Firm dame) Signati.40f Contractor's Authorized Official David Quinlan, President Name and Title of Contractor's Authorized Official July 10, 2023 Date EXHIBIT I - 11 6/9l2023 3:15 PM 79 p. 38 W-9 Request for Taxpayer Give Form Form (Rev. October 2018) Identification Number and Certification to the requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Woods and Wetlands, Inc. 2 Business name/disregarded entity name, if different from above a) 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes, certain entitles, not Individuals; see p ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): to �i C single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax Gasslfication (C=C corporation, S=S corporation, P=Partnership) ► `o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting c to 'C LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC that is disregarded from for U.S. code (if any) a v another not the owner federal tax purposes. Otherwise, a single -member LLC that !E Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. d ❑ Other (see instructions) ► (Applies to accounts maintained outside the U.S.) N 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 18731 Durrance Rd B City, state, and ZIP code North Fort Myers, FL 33917 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number � - m - backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number 1 1 1 1 Number To Give the Requester for guidelines on whose number to enter. 2 7- 3 5 1 9 7 1 8 1 3 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part 11, later. Sign signature of Here U.S. person ► General Instructions Section references are to the Intemal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (IT1N), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information retum. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► 6/ 19/2023 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) Form 1 099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a 71N, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) :e WOOD&WE-01 AMATTOX ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(M 6/28/202YYYJ 2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER UANCT NAM Hub International International Florida PHONE - I FAX �— ---- 1117Thomasville Road lac, No, Ext>: (850) 386-1111 _ _ Arc, N,Z(850)8 827 _ Tallahassee. FL 32303 RAMMcs• — — INSURED Woods & Wetlands, Inc. 18731 Durrance Rd North Fort Myers, FL 33917 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS__SHOWN MAY HAVE E BEEN REDUCED BY PAID CLAIMS. - — -- ---- ------ — - - -- - --- -- - - -- - INSR ADDL SUBR POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE POLICY NUMBER - -- - — ---—-------- -- - - LIMITS - — - — --- - MMERCIAL GENERAL LIABILITY EACH OCCURRENCE-----------CLAIMS-MADE 1,000,000 7_�__7_ XOCCUR X X i78945300 10/26/2022 10/26/2023 DAMAGE TO RENTED I ^$00010,000- 300,000 - - - -- -- - - - MED-EXP jMy owjepersonZ. - - --- - - - PERSONAL&ADVINJURY $ 1,000,000 ..... -- ----- - - - ---- - _GEN'L AGGREGATE LIMIT APPLIES PER: I - --- GENERAL AGGREGATE-_-__LS._______-_____ 2 '000,000 POLICY i X j I LOC PRODUCTS _COMP/OP AGG ' $ Y--- 2,000,000 — -- — OTHER: General Aggregate I g _AUTOMOBILE LIABILITY I I T1 ANY AUTO X : X 15194389900 j 10/26/2022 1 10126/2023 COMBINED SINGLE LIMIT .�---_____-- BODILY INJURYSPeryerson�_ $- •-_-_____—_� 1,000,000 --------_---- OWNED SCHEDULED AUTOS ONLY . AUTOS I 11 RED pN p Ep AUTOS AUTOS ONNLY i BODILY INJURY (Per ec�dent)t&__„__-.____ RRPOPER ppAMAGE Per acclg - ... - _ 1 ONLY -- - - ________---__---- ----------- P 10,000 A X UMBRELLA LIAR X 1 OCCUR � I 5194389901 10/26/2022 1012612023 `EACH OCCURRENCE__-_.__,_ i 5,000,000 EXCESS LIAB CLAIMS -MADE ---------- DED X RETENTION $ 10+000 AGOREGATE___________________i $ ________-_— ------ -- 5,000,000 C WORKERS COMPENSATION X PER I OTH- �S?ATt�TJ..____ AND EMPLOYERS' LIABILITY v_iy ANY PROPRIETOR/PARTNER/EXECUTWE r­ MFICE£t/MEMg�� EXCLUDED? �N, andatoryIn NH) I N f A ,AVWCFL3129092022 10/26/2022 i 10126/2023 I _-___ 1 E.L:EACH ACCIDENT__ -� E.L. DISEASE EMPLOYEB+$ 1,0000000 _ __ 1 OOO OOO !' If es, describe under DESCRIPTION OF OPERATIONS below =EA 1 E.L. DISEASE -POLICY LIMIT : 7 000,000 ' A Inland Marine ! 78945300 10/26/2022 10/26/2023 Leased/Rented 325,000 D Pollution Liability CPLMOL110281 3/7/2022 I I i 317/2024 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Workers Compensation Includes Longshore and Harbor coverage. Collier County Board of County Commissioners is Additional Insured & both Primary & Non-contributory terms apply for General Liability & Auto Liability, & Waiver of Subrogation applies for General Liability, Auto Liability & Workers' Compensation, when required In a written contract or agreement with the Insured, as per the terms & conditions of the policy endorsements. Umbrella (or Excess) coverage Is subject to the terms & conditions of the aforementioned underlying policy endorsements of General Liability, Auto Liability & Employers' Liability. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ty ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE L.I ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo a�e,� registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Qi Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Premium: 1.50% 3. Minimum Premium: $250.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/26/2022 Insured Woods & Wetlands, Inc. Policy No. AVWCFL3129092022 Endorsement No. Premium Insurance Company Countersigned by AMERICAN INTERSTATE INSURANCE COMPANY - 24759 WC 00 03 13 (Ed. 4-84) m 1983 National Council on Compensation Insurance. 82 Agency Code 22-0650-00 Policy Number 214612-78945300 55200 (6-96) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LOCATION AND PROJECT AGGREGATE LIMITS OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 1. The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your "loca- tions" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 2. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your pro- jects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc., with its permission 55200 (6-96) Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 83 Agency Code 22-0650-00 Policy Number 51-943-899-00 58504 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION II - COVERED AUTOS LIABILITY COVER- person or organization qualifies as an insured under AGE is amended. The following provision is added. SECTION 11- COVERED AUTOS LIABILITY COVER - Any person or organization is an insured for Covered AGE, A. COVERAGE, 1. Who Is An Insured. Autos Liability Coverage, but only to the extent that All other policy terms and conditions apply. 58504 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58583 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER PAYMENTS (WAIVER OF SUBROGATION) - BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V CONDITIONS, A. LOSS CONDITIONS is amended. 5.Our Right to Recover Payments is de- leted and replaced by the following condition. S. Our Right to Recover Payments If we make a payment under this policy and the per- son to or for whom payment is made has a right to recover damages from another, we will be entitled to that right. That person shall do everything neces- sary to transfer that right to us and do nothing to prejudice it. However, we waive our right to recover payments made for bodily injury or property damage: a. Covered by the policy; and b. Arising out of the operation of autos covered by the policy, in accordance with the terms and conditions of a written contract between you and such person or entity only if such rights have been waived by the written con- tract prior to the accident or loss which caused the bodily injury or property damage. All other policy terms and conditions apply. 58583 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 84 Agency Code 22-0650-00 Policy Number 51-943-899-00 58524 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITIONS This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION VI - DEFINITIONS is amended. 1. B. is deleted and replaced by the following definition. B. Auto means: 1. A land motor vehicle; 2. A trailer; or 3. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equip- ment. As it applies to this endorsement only, mobile equipment does not include a snowmobile. 2. U. is deleted and replaced by the following definition. U. Trailer means a vehicle which is designed to be connected to and towed by a power unit. Trailer does not include non -motorized farm machinery or farm wagons. A trailer is not equipment or custom furnishings. All other policy terms and conditions apply. 58524 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58540 (12-19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V - CONDITIONS, B. GENERAL CONDI- TIONS, 2. Other Insurance is amended. The following provision is added as it applies to this endorsement only When this insurance is primary and there is other in- surance for any person or organization, other than a Named Insured, which covers liability for your oper- ations, contribution from such other insurance shall not be sought by us when: 58540 (12-19) (1) There is a written agreement between you and such person or organization that this insurance shall be primary and without the right of contribution; and (2) Such written agreement was in force prior to any bodily injury or property damage. All other policy terms and conditions apply. Includes copyrighted material of Insurance Services Office Inc., with its permission. Page 1 of 1 85 Agency Code 22-0650-00 Policy Number 214612-78945300 55373 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Under SECTION II - WHO IS AN INSURED is amended. The following provision is added. A person or organization is an Additional Insured, only with respect to liability caused, in whole or in part, by "your work" for that Additional Insured by or for you: 1. If required in a written contract or agreement; or 2. If required by an oral contract or agreement only if a Certificate of Insurance was issued prior to the loss indicating that the person or organiza- tion was an Additional Insured. B. SECTION III - LIMITS OF INSURANCE is amended. The following provision is added. The limits of liability for the Additional Insured are those specified in the written contract or agreement between the insured and the owner, lessee or con- tractor or those specified in the Certificate of Insur- ance, if an oral contract or agreement, not to exceed the limits provided in this policy. These limits are inclusive of and not in addition to the limits of insurance shown in the Declarations. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended. 1. The following condition is added to 4.Other Insurance. This insurance is primary for the Additional Insured, but only with respect to liability caused, in whole or in part, by "your work" for that Addi- tional Insured by or for you. Other insurance available to the Additional Insured will apply as excess insurance and not contribute as primary insurance to the insurance provided by this endorsement. 2. The following condition is added. Other Additional Insured Coverage Issued By Us If this policy provides coverage for the same loss to any Additional Insured specifically shown as an Additional Insured in another endorsement to this policy, our maximum limit of insurance under this endorsement and any other endorse- ment shall not exceed the limit of insurance in the written contract or agreement between the insured and the owner, lessee or contractor, or the limits provided in this policy, whichever is less. Our maximum limit of insurance arising out of an "occurrence", shall not exceed the limit of insurance shown in the Declarations, regard- less of the number of insureds or Additional Insureds. All other policy terms and conditions apply. 55373 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 :. Agency Code 22-0650-00 Policy Number 214612-78945300 ownership or majority interest, will qualify as a Named Insured if there is no other similar insur- ance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the pol- icy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability com- pany that is not shown as a Named Insured in the Declarations. 11. BLANKET WAIVER OF SUBROGATION SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended. The following provi- sion is added to 8. Transfer Of Rights of Recov- ery Against Others To Us. When you have agreed to waive your right of subro- gation in a written contract, executed prior to loss, with any person or organization, we waive any right to recovery we may have against such person or organization because of payments we make for in- jury or damage arising out of your ongoing opera- tions or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". All other policy terms and conditions apply. 55091 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 of 6 87 Collier County Solicitation 23-6135 INS RANCE AND BONDING RE 1MEMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https:/iapps.ildfs.com/bocexempt/ 2. ® Employer's Liability $ 1,000,000 single limit per occurrence (with $5m Umbrella) 3. © Commercial General Bodily Injury and Property Damage (with $5m Umbrella) Liability (Occurrence Form) patterned after the current $ 1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. [R Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included (with $5m Umbrella) 6. © Other insurance as noted: ® Watercraft $ 1,000,000 per Occurrence © United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Statutory Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence 7. ® Bid bond ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $ 1,00,000 Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence Q Valuable Papers Insurance ❑ Cyber Liability $50,000/10,OOPer Occurrence $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence ..... ..........._.... __............. .... _................... _............. ......... ......................... _..... ... _.............. _.......................... .................... .............. ..... _.._........................ __._........._.......__._..._._.......... ................... ... ...... Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 6/9/2023 3:15 PM p. 39 MULTI -CONTRACTOR AWARD AGREEMENT # 23-81*DJ foI Exotic and Nuisance Vegetation Removal THIS AGREEMENT, made and entered into on this day of by and between A+ Environmental Restoration, LLC authorized to do business in the State of Florida, whose business address is 4346 SW Hull Ave, Arcadia, FL 34269 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 )year period, commencing ❑■ upon the date of Board approval;-T- ,and terminating three ( ) year(s) from that date or until all outstanding ❑■ 3 Purchase Order(s) ❑ Wei-9.er(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 and 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 I�IPurchase Order n"'^+;^� +^ or^^^�� 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ ❑ Other: Invitation for Qualification ( IFQ ) # 23-8135 , 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. 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 Page 1 of 36 Multi -Contractor Award Agreement O [2023_ver.2] 0 compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 0 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 4. THE AGREEMENT SUM. ❑■ The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ CeI ILI cIL+eted-pr-ise —64a -be-based-ee-€x-Wbit R-- ee.SGhodule. 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 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Page 2 of 36 Multi -Contractor Award Agreeme� [2023_ver. OaO kAs IN ",: , Nor 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. 0 • . IN - - Page 3 of 36 Multi -Contractor Award Agreement O.a� [2023_ver.2] YOMI : ._ � ft.�f.:: r... nl..:.. M..�J::P�_1,:: �,:...:�,&.WAMMl MIMf..::� EP:W nL f01...�=: �..::...Aa: L,:.EF�:..: JY'..sLIE l�1_.KIIIISM LOVA:. 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. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): A+ Environmental Restoration, LLC 4346 SW Hull Avenue _ Arcadia. FL 34269 Jordan Deriso, President Rebecca Pigg (863) 494-7585 Rebecca@aperllc.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: Administrative Agent/PM: Telephone: E-Mail(s): aintenance Division 4800 Davis Blvd Naples, Florida 34104 Melissa Pearson, Contract Administration Specialist (239) 25M591 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. Page 4 of 36 Multi -Contractor Award Agreement [2023_ver.2 ��� 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. 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 I ace, 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. FE 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. Page 5 of 36 Multi -Contractor Award Agreement .a0 [2023_ver.2] � B. ❑ Business Auto Liability: Coverage shall have minimum limits of $1,uuu,uuu 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. LIN 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. F, ❑■ Pollution Liability minimum limits of $1,000,000 per claim/occurrence. Coverage shall have 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. Page 6 of 36 Multi -Contractor Award Agreement [2023_ver.2] O�� 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 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), 0 Exhibit A Scope of Services, ❑ nIL---f<e� Seu, ❑ RJR/ ❑ I�TB/X Other Invitation for Qualification (IFQ) #2M135 including Exhibits, Attachments and Addenda/Addendum, subsequent quotes and corresponding contract documents, 0 Exhibit C-1 Public Payment Bond, ❑■ Exhibit C-2 Public Performance Bond, ❑ Exhibit n Release and n ttia�i+ter ❑ C�nhm'�;+rc—v—� ❑ hihimm�+rr �iof+cm�C`� ".� { G: '^l 6eVFIVI e; ❑ Exhibit f -WaFrmay; and Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17, APPLICABILITY. Sections corresponding to any checked box (0) expressly apply to the terms of this Agreement. Page 7 of 36 Multi -Contractor Award Agreement [2023_ver.2] pd 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, 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 Statute, §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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT. Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRegu )Iliercount, 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 Page 8 of 36 Multi -Contractor Award Agreement [2023_ver.2] Oa inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 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. 0 BONDS. A. When a construction project is in excess of $200,000, the Contractors) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 9 of 36 Multi -Contractor Award Agreem t � [2023_ver 2�j'a ._....... .�._�.......�;+;r - - - - - - MFA Ale, eie a - A - MI Is M A -MAWAmu 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. � CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. Be Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Page 11 of 36 Multi -Contractor Award Agreement .�� [2023_ver.2] � Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. .. 29. � 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. 30. 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. 31. FW 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. 32. 0 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, Page 12 of 36 Multi -Contractor Award Agreement CO[2023_ver.2] Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. ❑ - - . .. .. ■ . � �..... �,..._- _uv��r�Cn��Q ► r�uii.�r�ica:i�n�� rirr��i.�.� i i�0 �► i�rv�•lri�ti�riru� Page 13 of 36 Multi -Contractor Award Agreement O,a4 [2023_ver.2] 38. 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. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 40. ❑ 0 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. ❑ tie-p�ese�se- � ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take Page 15 of 36 Multi -Contractor Award Agreement [2023_ver.2] �d7 precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. 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. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, amended, Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must or 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(@colliercountyfLgov) whenever an employee assigned to C011ier 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. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 44. FE1 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 Page 16 of 36 Multi -Contractor Award Agreement Od.� [2023_ver.2] 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. (Signature page to follow] Page 17 of 36 Multi -Contractor Award Agreement o [2023_ver.2] �d IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: /k/� Contractor's First Witness I� TType/print witness nameT Approved as to F rir�f N and Legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chris Hall Chairman A+ Environmental Restoration, LLC Contractor QV By: Signature Joz��9&) � . �r�sa e/print signature and title Page 18 of 36 Multi -Contractor Award Agreement [2023 ver.2] �d� Exhibit A Scope of Services FNI following this page (pages through 5 ) ❑ this exhibit is not applicable Page 19 of 36 Multi -Contractor Award Agreement Odd [2023_ver.2] Invitation for Qualifications (IFQ) #2348135 "Exotic and Nuisance Vegetation Removal" Exhibit A Scope of Services Contractors awarded under this Agreement shall provide exotic, nuisance, and other vegetation control services for departments Countywide, on an "as -needed basis." Management of non-native invasive plants, nuisance, and other vegetation includes mechanical, chemical, and physical methods or a combination of them. The work areas may be in the right-of-way, easements, county -owned or operated facilities, residential neighborhoods, preserves, County owned parks or remote and isolated locations. Contractors performing the work httpss•//www.fdacs.gov/Forest- Wildfirwo Plant -Laws, and the Florida Invasive 1. Service Requests shall follow invasive plant laws as described in the link, Species Contractors shall have the ability, workforce, and equipment to perform the work. Requests may consist of but are not all- inclusive of the following. 1.1. Professional assistance services to provide the most effective methodology to remove and maintain vegetation. 1.2. Removal and/or maintenance of wetlands or cypress preserve vegetation. 1.3. Removal and/or maintenance of storm drains conveyance vegetation (canals, ditches, lakes, etc.). 1.4. Removal and/or maintenance of drainage easement vegetation. 1.5. Removal and/or maintenance of vegetation in County owned or managed properties (preserves, parks, and facilities 1.6. Clear trails in conjunction with exotic plant removal projects. 1.7. Chemical treatments of aquatic emergent, floating, or submersed exotic vegetation. 1.8. Ditch bank/shoreline vegetation extending rhizomes into the water body. 1.9. Professional mangrove trimming. 2. Distribution of Work County Project Manager will request a lump sum quote for each project under the following criteria: 2.1. Projects with a value up to $200.000: 2.1.1. A Summary of Work and Request for Quotation will be sent to all Contractors. Completion time may be specified in the Request for Quotation. 2.1.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of seven (7) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.1.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. Page 1 of 5 Exhibit A —Scope of Services Odd 3. 4. 5. 6. Invitation for Qualifications (IFQ) #234135 "Exotic and Nuisance Vegetation Removal" Projects with a value over $200 000 up to $500,000: 2.2.1. A Summary of Work and Request for Quotation will be sent to all the Contractors. Completion time may be specified in the Request for Quotation. 2.2.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of fourteen (14) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.2.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 2.2.4. Projects over $200,000 shall have a payment and performance bond and shall be provided prior to issuance of a Purchase Order. The payment and performance bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County. Completion time may be specified in the Request for Quotation. The County reserves the right to waive any or all these requirements and to separately solicit any job if in the best intere: of the County. Projects exceeding the $500,000 threshold will be formally solicited. Work Commencement The project shall commence upon issuance of a Purchase Order. The Contractor agrees that any Purchase Order that extends beyond the expiration date of the contract will survive and remain subject to the terms and conditions of the contract until the completion or termination of work. Work Hours Monday through Friday from 7:00 a.m. to 5:00 p.m. Contractor may request approval from County staff to work outside the stated hours and workdays. There is no additional compensation for working on weekends, holidays, or beyond the stated hours. Work Schedules The County Project Manager may request work schedules prior to the commencement of services and updates if there are changes in the workdays. Proiect Specifications County staff will develop a scope of work and specifications to meet the project needs. Listed below are examples of project specifications that may be incorporated in a County Project Manager's or staffs quote requests. The examples provided are not an all-inclusive list of what may be requested. 6.1. Document pre -project and post -project site conditions and adjacent properties with photographic, video, or oth, means. 6.2. Global Positioning Sensor (GPS) tracks identifying work completed in the project areas. County staff may k request the Contractor to submit GPS file tracs. 6.3. Pursuant to South Florida Water Management District Melaleuca guidelines, felled trees may be neatly stacked with the approval of the County Project Manager (approval will be determined in advance). Page 2 of 5 Exhibit A —Scope of Services Ob'� Invitation for Qualifications (IFQ) #234135 "Exotic and Nuisance Vegetation Removal" 5.4. Ruts made in the soil must be removed by the vendor. 6.5. The removal of debris, trash, vegetation, hauling away, and disposal at a legal disposal site shall be included in the lump sum price. No debris or vegetation disposal in waterways. 6.6. Installation of turbidity barriers. 6.7. The Contractor may be requested to coordinate work with other Contractors. 6.8. Perform exotic vegetation treatment operations within the right-of-way and/or easements. Any equipment left in the right- of -way overnight shall be parked outside of the clear zone and as close as possible to the right-of- way line. No equipment shall be parked in the median regardless of the width of the median. 6.9. Chemical treatment applications shall be conducted to protect non -target organisms, crops, the environment, and tl public. 6.9.1. Locate and treat 100% of the Florida Exotic Pest Plant Council (FLEPPC) invasive plants listed within the designated work area acres, with a minimum of 95% of target plants being killed. FLEPPC link below: tlrnlac nro/antPwnv/RuleNo.asn?title=INTRODUCTION%20OR%20RELEASE%20OF%2 OPLANT L%20 AGENTS&ID=SB-57.007. 6.9.2. Application methods may include foliar spray, spot treatments, frill, and girdle, cut stump treatments, basal bark, poodle cutting, and broadcast (liquid and granular). 6.9.3. Seedlings of some species in mixed plant communities may be hand -pulled to minimize the impact of herbicide on non -target vegetation. 5.9.4. Herbicide applications shall be carried out consistent with Environmental Protection Agency (EPA) and comply with all pertinent regulations set forth by the Florida Department of Agriculture and Consumer Services (FDACS). 6.9.5. Wind speeds at or exceeding ten (10) miles per hour (mph). The wind speed regulation may apply due to label restrictions or Florida's 5E-2.033 Organo-Auxin Herbicides: Restrictions and Prohibitions rule, link below: https://www.firules.orWpatewU/RuIeNo.asl2?id=5E-2.033. 6.9.6. Monitor dissolved oxygen (DO) when required by label and follow all label instructions related to DO. Do not apply herbicides if DO is below three parts per million (3 PPM) or authorized by the herbicide label. 6.9.7. The Contractor is liable for any penalty, fines, or damages resulting from the misuse of herbicides. 6.9.8. Retreatments will be conducted by the Contractor due to unsatisfactory work performance. Any nuisance or exotic vegetation still flourishing following post -treatment will require retreatments, at no cost to the County. 7. Pesticide Application Records Maintain records relating to the application of pesticides and restricted -use pesticides, link: httl2s:/,/ NywJIrues.owgatewav/RuleNo.asp?ID=SE-9.032. The Contractor shall provide the records at the request of the County. 8. Equipment Staging equipment and vehicles will need advanced approval by the County Project Manager. The work requests may require equipment that is in good working condition. Types of equipment for services needed but not limited to the following. 8.1.1. Small equipment: chainsaws, machetes, string trimmers, and brush trimmers. 8.1.2. Heavy equipment: cranes, bucket trucks, ditch witch, excavator, mulching head, etc. 8.1.3. Watercraft /Airboat. 8.1.4. Backpack sprayers for applying herbicides. 8.1.5. Heavy-duty composite protection mats, such as Dura-Base mats, for accessing environmentally sensitive locations with minimal surface and soil disturbance. Page 3 of 5 Exhibit A —Scope of Services nov Invitation for Qualifications (IFQ) #234135 "Exotic and Nuisance Vegetation Removal" Contractor must ensure that all equipment (i.e., owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference prior to entering the project site to commence work. County staff reserves the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 9. Inspections Onsite inspections may occur to monitor work progress and when the or is completed. Contractor shall a -mail the County Project Manager when the work is completed. The Contractor shall cure any deficient work as requested by the County and within the timeline provided. 10. Clean Up Each workday removal of vegetation debris, trash, and load, haul, and dispose of it at a legal disposal site in accordance with applicable local and state laws. 10.1. Stockpiling is not permitted in the right -of --way. 10.2. The Contractor may be required to return to the worksite to clean up, remove, and haul away for disposal. 11. Damaaes The Contractor shall exercise care and protect all native vegetation at the project site. The Contractor is responsible for restoring or replacing all damaged native vegetation to the satisfaction of the County Project Manager, at no cost to the County where the Contractor's control operations occurred. 12. Overhead Utility Protection The Contractor shall protect all utilities from damage and shall immediately contact the appropriate utility if damage should occur. The Contractor shall be responsible for all claims for damage due to their operations. The Contractor shall arrange with the utility for the removal of necessary limbs and branches, which may conflict with, or create a personal injury hazard in, conducting the operations under this agreement. 13. Utilities The Contractor shall be responsible for exercising precautions while working near utilities; therefore, before digging, the Contractor must can Sunshine 811 at 811 or 800-432-4770, Monday —Friday from 7:00 a.m. — 5:00 p.m. Sunshine 811 requires two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 14. Temporary Traffic Control (TTC) If applicable, TTC will be required to the work being requested in the quote. The Contractor is responsible for providing a plan to set 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. The Contractor is responsible for maintaining TTC while performing services in the right- of -way and roadways. ICW 14.2. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). Subcontracting TTC is authorized. Page 4 of 5 Exhibit A — Scope of Services nov Invitation for Qualifications (IFQ) #23-8135 "Exotic and Nuisance Vegetation Removal" 14.3. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's Certified TTC employee to meet County staff within twenty (20) minutes of the initial contact to address work zone safety issues. 14.4. TTC setup that does not comply will have operations ceased until TTC is corrected per the FDOT standards ar MUTCD. 15. 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 colliercouBVfl.vov/government/transportation-management- services/services/construction-and-maintenance- .public-information/road-alerts . 16. 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. The following standards shall be maintained: 16.1. 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. , cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow 16.2. Appropriate work zone signage paddles, where necessary, required by law or the BCC. 16.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 16.4. Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. Page 5 of 5 Exhibit A —Scope of Services Ob'O ❑ following this page (pages 0 this exhibit is not applicable Exhibit B Fee Schedule through Page 20 of 36 Multi -Contractor Award Agreement [2023_ver.2] Oy0 ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 21 of 36 Multi -Contractor Award Agreemen [2023_ver. ]ny� Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: Name: Its: The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization, this as on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 20 , by of , a corporation, He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Page 22 of 36 Multi -Contractor Award Agreement [2023_ver.2] nb� C�10 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization, this _ of corporation as, on behalf of the corporation. He/she is personally known to me OR has produced _, as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) 20__, by (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 36 Multi -Contractor Award Agreement [2023_ver.2] �y� ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as Principal, and executorsI Bond No. Contract No. as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reterence ana made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void, otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 24 of 36 Multi -Contractor Award Agreement �y [2023_ver.2j � This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of Witnesses as to Principal STATE OF _ COUNTY OF By: _ Name: Its: PRINCIPAL: The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization, this _ of as on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) corporation, He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. 20 , by (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 25 of 36 Multi -Contractor Award Agreement nb� [2023_ver.2] ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by online notarization. this of 20 by as of the corporation of , a means of ❑physical presence or ❑ corporation, on behalf He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 26 of 36 Multi -Contractor Award Agreement [2023_ver.2] �b� g this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ( ) Before me, the undersigned authority, personally appeared after being duly sworn, deposes and says: who (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnifydefend and save harmless Owner from all demands or suits, actions, claims of , liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: : ITS DATE: [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑physical presence or � online notarization, this _ of of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) (Legibly Printed) Notary Public, State of Page 27 of 36 Multi -Contractor Award Agreemen�q [2023_ver.2 (AFFIX OFFICIAL SEAL) Commissioner No.: 0 this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: through the Date: RE: ect Name) Original Contract Time: Revised Contract Time: Date $ Retainage @ 10% thru [insert date] Application Date (Contractor's Representative) Payment Application No. (Contractor's Name) (Contractor's Address) Retainage @ _% after [insert date] Percent Work completed to Date: _ Percent Contract Time completed to Date Liquidated Damages to be Accrued for Work accomplished Original Contract Amount: Total Change Orders to Revised Contract Amount $ Total value of Work Completed and stored to Date Less previous payment (s) % AMOUNT DUE THIS % APPLICATION: ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection Page 28 of 36 Multi -Contractor Award Agreement [2023_ver.2] �j with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE (Type Name and Title) Page 29 of 36 Multi -Contractor Award Agreement' n�,J [2023_ver.2 Lq this exhibit is not applicable ❑ Contract Modification EXHIBIT F CHANGE ORDER ❑ Work Order Modification Contract #: I Change #: Purchase Order #: Contractor/Firm Name: Project Manager Name: Original Contract/Work Order Amount Current BCC Approved Amount Current Contract/Work Order Amount Dollar Amount of this Change Revised Contract/Work Order Total Cumulative Changes Pro ject Name: Department: EEF#D1V/0!0.00 $ 0.00 #DIV/01 Project #: L� Last BCC Approval Date; Agenda Item # SAP Contract Expiration Date (Master) Total Change from Original Amount Change from Current BCC Approved Amount Change from Current Amount Completion Date, Description of the Tasks) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date JJ Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Date: Prepared by: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Date: Accepted by: (Contractor /Vendor /Consultant /Design Professional and Name of Firm, if project applicable) Date: Approved by: (Design Professional and Name of Firm, if project applicable) Approved by: (Procurement Professional Page 30 of 36 Date: Multi -Contractor Award Agreement [2023_ver Ob0 this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: OWNER The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: Page 31 of 36 Multi -Contractor Award Agreement [2023_ r) da RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents noicz r it a rPhPacP of CONTRACTOR'S obliqation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 By: OWNER Type Name and Title Page 32 of 36 Multi -Contractor Award Agreement [2023_ O b,7 FE] this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Ce rtificate PROFESSIONAL, and thatected Workisyhe ebyrized decllaredrto be filves nally ofOWNER, CONTRACTOR AND DE complete i accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 33 of 36 Multi -Contractor Award Agreement [2023_vey'� b� Executed by Design Professional on By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on By: OWNER Type Name and Title Page 34 of 36 Multi -Contractor Award Agreement [20 2] 0 this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 35 of 36 Multi -Contractor Award Agreement [2023_ver.2] �b� Other ExhibiVAttachmem Description: Federal Contract Provisions and Assurances � following this page (pages 1 through 11 ❑ this exhibit is not applicable Page 36 of 36 Multi -Contractor Award Agreement [2023_ver.2 O �� EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C. F. R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 Ob0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, womenIs business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the duced in the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first pro performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT 1 - 2 Obi EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub, L. No. 115-232, and 2 C.F.R. § 200,216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT 1 - 3 Of,,� EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180,905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are designated items items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I -4 ObO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000)a Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 O 6J EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees identity, ated during national employment iwithout t regard to their race, color, religion, sex, sexual orientation, gendergn. Such shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; iceship. The rates of pay or other forms of compensation; and selection for training, including apprent contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 v EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 241 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 241 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 O J\ FJCHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name A+Environmental Restoration, LLC pate 7/11/23 Authorized Signature EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR A+ Environmental By: Signature Jordan Deriso President Name and Title SW Street Arcadia, FL 34269 City, State, Zip LLC UEI Unique Entity Identifier (for SAM.gov verification) 7/11 /23 Date Sub -Recipient Name: Gollier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER CI�UNTY � ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Statis',tih be viri? ed, un,er'ac"e statuses `,4 11 requ re she PR mE to eiihet prc':vda a ree d<•d statement or provide scurce documentation that :a'.Idates a italus. A. PRINCE VENDOR/CONTRACTOR INFORMATION PPVtETdGtiF P O htOU%T EFEU UP1aEP + +N'^'rTDULL,SF' A+ Environmental Restoration, LLC � 81-0876194 :.T-IEA?st.tfA .0?.�.DA�: A7,flE:+G'�SL�+:AttT�+3Ea. yEiE��FI � f{s v7INO;k� OP 1 OWE ' 5J 'jE�S E%70152.rEY D6E1 9 1 " GEE MIEtsNBEi OF H '€ 40 WALLDISADvdt,Tk ED g•i5 ,El_v" CfRTI LAT:Ot FFOl'TH!�Y&LtIUWZE s t1aE: T '•D`r51"iST.aATIOh? ASEP.t":CE'ZISABLEw;ETEPAk' tiv!,f? r N,i N THEGCTIv')T� SOF THIS-D.'�TF;ACT.. ,NSTP CTI +N i j N �OSW%L 4T,014' } vTYEP.r � td Eb15'�N° '•• N f5'ES.F:E'.�CiON:.;UTA6EP B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME 15 TO COMPLETE THIS NEXT SECTION 51JBCOt4TR4CTOR OR SUPPLIER TYPE OF STOP+( OR ETHw ITY CODE SUB/SUPPLIER PERCENT OF CONTRACT DBE Ah?VdBE .,�>��.,... NAME SPECIALT+' 152862'a'hl D011ARAMOU'cT DOLLt,RS NIA C4 SECTION TO BE COMPLETED BY PRIME VENEIOR/CONTRACTOR NAME OF SUBMITTER DATE TfTIE OF SUBMI•fTER A+ Environmental Restoration, LLC 7/11/23 President EMAIL ADDRESS OF?RIME 15U5MTrrE1`Q TELEPHONE NUMBERFAX NUMBER REBECCA@APERLLC.COM 8634944585 1 N/A NC+: E: Th s mtc r*anon is -rsed to trac4. and oors ant +pated G8 7::BE a o In federally untied contracts T a aati< pated 7EE or tic pati M6E amour: is o urtar: n•� and ,'rill not beroe aa-t a the coat actuai terms. This Tenn iris. be su'snt tta„ at t.mc a' sy onse to a so`idtation, t and v.hen a',.arded a County .ojjtract2 the,nira ,ril be as1:a_d to apdate tie +n'cnnaticn 'or the grant cam„?Lance r'les. ACCEDTED BY: ETHNIC iTY CODE Bia C�?+f^eriCan BA Hispanicdn�e?ican HA "iatlYe 3"ncan NA Subcc•nt. nran Ar Vican SA Sian-paciticArne*ican. APA. t<on•L^in•>rity'+:'o Ien z other: notof any otntT grcup l4ted t+ D. SECTION TO BE COMPLETED BY.COLLIER tOUNTY , ry �c Pt'r StiE ^L FF C^hTF Ty+ I8 P Po �Oa C rPA'iTPRC EXHIBIT I - 10 OATE EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION The undersigned [Contractor] certifies, to the best of his or her knowledge, that: funds have been paid or will be paid, by or on behalf of the undersigned, to any person 1. No Federal appropriatedenc a Member of Congress, an officer for influencing or attempting to Influence an officer or employee of an agency, or employee of Congress, or an employee of a Member of any Fes in c Federal contract, the entering intnnection with the o of any cooperative contract, the making of any Federal grant, them g agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, g rantt loan, or cooperative agreementa persone paid to any for influencing 2. If any funds other than Federal appropriated funds have beena Mwill emberofCongress, an officer or employee of or attempting to influence an officer or employee of any agency, t, grant, loan, or Congress, or an employee ofa Member shall complete and submit Standard FormaLLLntDisclo ure Form to cooperative agreement, the undersigned Report Lobbying," in accordance with its instructions. In the award ocuments for 3. The undersigned shall require that subg ants, anert'fication be d coontractsnundeerdgrants, loans, and cooperative subawards at all tiers (including subcontracts, agreements) and that all subrecipients shall certify and disclose accordingly. which relianc was placed when This certification is o. Submiss onrof this tion of fact pcertificat onus a prerequisite foe this a material making or entering inintothis transaction transaction made or entered mt imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. A+ Environmental Restoration Contractor (Firm Nan}p) ., Signature of Cont or's Authorized Official Name and Title of Contractor's Authorized 7/11 /23 Date EXHIBIT I -11 Collier County Solicitation 23-8135 8. ❑ Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. .. ........ .............. ..... _........... _............. .... .......... _........................... ............ ........ ... .._...._.......... _..... ....... .......... ......................... ........_ 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. 6l9/2023 3:15 PM 89 p. 40 MULTI=CONTRACTOR AWARD AGREEMENT # 23-8135 foI Exotic and Nuisance Veaetation Removal THIS AGREEMENT, made and entered into on this day %J 20 24 by and between DeAngelo Contracting Services LLC , authorized to do business in the State of Florida, whose business address is 100 N Conahan Drive, Hazelton, PA 18201 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 )year period, commencing ❑■ upon the date of Board approval; "r-Q-NJa— and terminating three ( 3 ) year(s) from that date or until all outstanding ❑E Purchase Order(s) ❑ e l ler{., 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 OPurchase Order ❑ 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ �^^^�+ f^r or^r^�.,►__�►��� ❑ ❑ Other: Invitation for Qualification ( IFQ ) # 23-8135 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. 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 Page 1 of 36 Multi -Contractor Award Agreemen 1 compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 4. THE AGREEMENT SUM. � The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ Gantr-aeto s ffaeted-prioes &ha"e-based-abit�B�FshedWe. 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". mmor -_- - -- - - ��- -- -- - In In In On A An Aft On A _ - 4.1 Price Methodology (as selected below): ❑■ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Page 2 of 36 Multi -Contractor Award Agreemen [2023_ver.2 GPI AMITPOW NE 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. '►z MAMA Page 3 of 36 Multi -Contractor Award Agreement � [2023_ver.2] GP - OF 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. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Attention Name & Telephone: E-Mail(s): DeAngelo Contracting Services LLC 14250 Jetport Loop W Fort Myers, FL 33913 Jarrod DeAngelo, President/Member Title: Eve Doston, Admin Assistant (570) 580-9100 / (239) 286-7377 research@deangelocs.com / edoston@deangelocs.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Division Name: Address: Administrative Agent/PM: Telephone: E Road Maintenance Division Marshal Miller 4800 Davis Blvd Naples, Florida 34104 Melissa Pearson, Contract Administration Specialist (239) 252-5591 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. Page 4 of 36 Multi -Contractor Award Agreement [2023_ver.2] GPO 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. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. 0 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability, The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Page 5 of 36 Multi -Contractor Award Agreement O B. ❑■ Business Auto Liability: Coverage shall have minimum limits of $1,000,uuu 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 $1,000,000 for each accident. F. � Pollution Liability minimum limits of $1,000,000 er claim/occurrence. wool as MEWMEMMusnuffin WA�KW Coverage shall have 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. Page 6 of 36 Multi -Contractor Award Agreement [2023_ver.2] �,P� 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 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 %J the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), W Exhibit A Scope of Services, ❑ L hihit ❑ Fee S hodi Flo ❑ .IMF-W ❑ 1T9/❑■ Other Invitation for Qualification (IFQ) #2M135 , including Exhibits, Attachments and Addenda/Addendum, 0 subsequent quotes and corresponding contract documents, 0 Exhibit C-1 Public Payment Bond, 0 n%iGn m Exhibit C-2 Public Performance Bond, ❑ Exhibit D - I�c�eas ii Exhibit v�4'rala��rav ❑ Exhibit G GeFtifieate of Substantial Gempletinn ❑ Exhibit H (`i+n+o of Final , �JITTfATC�I����YT6'Q'�T Ger[et+et�; ❑ Exhibit t - VVapFap*l and Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17, APPLICABILITY. Sections corresponding to any checked box (�) expressly apply to the terms of this Agreement. Page 7 of 36 Multi -Contractor Award Agreement GPO [2023_ver.2] 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, 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 Statute, §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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT. Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112=5746 Telephone: (239) 252=8999 Email: PublicRecordReg uest n.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 Page 8 of 36 Multi -Contractor Award Agreement �� inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 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. ❑� BONDS. A. When a construction project is in excess of $200,000, the Contractors) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C.1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State. of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 9 of 36 Multi -Contractor Award Agreemen� [2023_ver.2 GP AN RF*V V Air MA ON Smoak SWAP I SIFNI 1 go AN NUNN TAFF VAN AN 4 A . A AN IN IN AAN IN IN IN AN Nor W Alk Far AL At t No AN 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. � CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Page 11 of 36 Multi -Contractor Award Agreement [2023_ver.2] �� Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. q IMMUMEN IN -- - - - - - 29. �■ 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. 30. 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. 31. Fm�l 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. 32. ❑■ 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, Page 12 of 36 Multi -Contractor Award AgreementO [2023_ver.2] U� Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. f3. 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. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. - - - - �- -OF IF W w OF INS F Page 13 of 36 Multi -Contractor Award Agreement Q� [2023_ver.2] V 38. 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. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. . ar�rr�:ra V� oval ❑� 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. 41. ❑ }nLo v+renorlo.+ne� va.. � ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take Page 15 of 36 Multi -Contractor Award Agreement [2023_ver.2] precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. 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. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time 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(a)colliercountyfl.gov) 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. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 44. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for Page 16 of 36 Multi -Contractor Award Agreement [2023_ver.2] 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. Signature page to follow] Page 17 of 36 Multi -Contractor Award Agreement �� [2023_ver.2] C�U1 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller Dated: (SEAL) Contractor's Witnesses: Contraptor's First �Iltnerss Ae . gone- - . fffype/l1rint witness nameT ,& ud . a a­j �n /( 6 to-ntractor's Second Witness TType/print witness nameT Approved&Aft-frrjj and Legality: Pri BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chris Hall _ , Chairman DeAngelo Contracting Services LLC Contractor r By: ignature c �D�cnd De-Am'In . I�rPS�c k TType/print signdture and titleT Page 18 of 36 Multi -Contractor Award Agreement CCU [2023_ver.2] Exhibit A Scope of Services 0 following this page (pages through 5 ) ❑ this exhibit is not applicable Page 19 of 36 Multi -Contractor Award Agreement [2023_ver.2] CPS Invitation for Qualifications (IFQ) #234135 "Exotic and Nuisance Vegetation Removal" Exhibit A Scope of Services Contractors awarded under this Agreement shall provide exotic, nuisance, and other vegetation control services for departments Countywide, on an "as -needed basis." Management of non-native invasive plants, nuisance, and other vegetation includes mechanical, chemical, and physical methods or a combination of them. The work areas may be in the right-of-way, easements, county -owned or operated facilities, residential neighborhoods, preserves, County owned parks or remote and isolated locations. Contractors performing the work shall follow invasive plant laws as described in the link, https://www.fdaes.gov/Forest- Wildfire/Our-Forests/Forest-Health/Invasive-Non-Native-Plants/Invasive-Non-native- Plant-Laws, and the Florida Invasive Species Council [FISC], current list of Florida Exotic Pest Plant Council [FLEPPC], Category I and II invasive plant species link, https•//floridainvasivespecies.org/121antlist2019.cfm when applicable. 1. Service Requests Contractors shall have the ability, workforce, and equipment to perform the work. Requests may consist of but are not all- inclusive of the following. 1.1. Professional assistance services to provide the most effective methodology to remove and maintain vegetation. 1.2. Removal and/or maintenance of wetlands or cypress preserve vegetation. 1.3. Removal and/or maintenance of storm drains conveyance vegetation (canals, ditches, lakes, etc.). 1.4. Removal and/or maintenance of drainage easement vegetation. 1.5. Removal and/or maintenance of vegetation in County owned or managed properties (preserves, parks, and facilities 1.6. Clear trails in conjunction with exotic plant removal projects. 1.7. Chemical treatments of aquatic emergent, floating, or submersed exotic vegetation. 1.8. Ditch bank/shoreline vegetation extending rhizomes into the water body. 1.9. Professional mangrove trimming. 2. Distribution of Work County Project Manager will request a lump sum quote for each project under the following criteria: 2.1. Projects with a value up to $200,000: 2.1.1. A Summary of Work and Request for Quotation will be sent to all Contractors. Completion time may be specified in the Request for Quotation. 2.1.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of seven (7) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.1.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. Page 1 of 5 Exhibit A —Scope of Services Cp,O 3. 4. 5. 6. 2.2. Invitation for Qualifications (IFQ) #234135 "Exotic and Nuisance Vegetation Removal" Projects with a value over $200,000 up to $500,000: 2.2.1. A Summary of Work and Request for Quotation will be sent to all the Contractors. Completion time may be specified in the Request for Quotation. 2.2.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of fourteen (14) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.2.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 2.2.4. Projects over $200,000 shall have a payment and performance bond and shall be provided prior to issuance of a Purchase Order. The payment and performance bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County. Completion time may be specified in the Request for Quotation. The County reserves the right to waive any or all these requirements and to separately solicit any job if in the best intere: of the County. Projects exceeding the $500,000 threshold will be formally solicited. Work Commencement The project shall commence upon issuance of a Purchase Order. The Contractor agrees that any Purchase Order that extends beyond the expiration date of the contract will survive and remain subject to the terms and conditions of the contract until the completion or termination of work. Work Hours Monday through Friday from 7:00 a.m. to 5:00 p.m. Contractor may request approval from County staff to work outside the stated hours and workdays. There is no additional compensation for working on weekends, holidays, or beyond the stated hours. Work Schedules The County Project Manager may request work schedules prior to the commencement of services and updates if there are changes in the workdays. Proiect Specifications County staff will develop a scope of work and specifications to meet the project needs. Listed below are examples of project specifications that may be incorporated in a County Project Manager's or staffs quote requests. The examples provided are not an all-inclusive list of what may be requested. 6.1. Document pre -project and post -project site conditions and adjacent properties with photographic, video, or oth, means. 6.2. Global Positioning Sensor (GPS) tracks identifying work completed in the project areas. County staff may request the Contractor to submit GPS file tracks. 5.3. Pursuant to South Florida Water Management District Melaleuca guidelines, felled trees may be neatly stacked with the approval of the County Project Manager (approval will be determined in advance). Page 2 of 5 Exhibit A —Scope of Services Invitation for Qualifications (IFQ) #23-8135 "Exotic and Nuisance Vegetation Removal" 6.4. Ruts made in the soil must be removed by the vendor. 6.5. The removal of debris, trash, vegetation, hauling away, and disposal at a legal disposal site shall be included in the lump sum price. No debris or vegetation disposal in waterways. 6.6. Installation of turbidity barriers. 6.7. The Contractor may be requested to coordinate work with other Contractors. 6.8. Perform exotic vegetation treatment operations within the right -of --way and/or easements. Any equipment left in the right- of -way overnight shall be parked outside of the clear zone and as close as possible to the right-of- way line. No equipment shall be parked in the median regardless of the width of the median. 6.9. Chemical treatment applications shall be conducted to protect non -target organisms, crops, the environment, and tl public. 6.9.1. Locate and treat 100% of the Florida Exotic Pest Plant Council (FLEPPC) invasive plants listed within the designated work area acres, with a minimum of 95% of target plants being killed. FLEPPC link below: https•//www flrules or atewU/RuIeNo asp?title=INTRODUCTION%20OR%20RELEASE%20OF%2 OPLANT %20PESTS %20NOXIOUS%20WEEDS %20ARTHROPODS %20AND%20BIOLOGICAL%2000NTRO L%20 AGENTS&ID=513-57.007. 5.9.2. Application methods may include foliar spray, spot treatments, frill, and girdle, cut stump treatments, basal bark, poodle cutting, and broadcast (liquid and granular). 6.9.3. Seedlings of some species in mixed plant communities may be hand -pulled to minimize the impact of herbicide on non -target vegetation. 6.9.4. Herbicide applications shall be carried out consistent with Environmental Protection Agency (EPA) and comply with all pertinent regulations set forth by the Florida Department of Agriculture and Consumer Services (FDACS). 6.9.5. Wind speeds at or exceeding ten (10) miles per hour (mph). The wind speed regulation may apply due to label restrictions or Florida's 5E-2.033 Organo-Auxin Herbicides: Restrictions and Prohibitions rule, link below: https://www.flruies.org/j4atewU/RuIeNo.asp?id=5E-2.0330 6.9.6. Monitor dissolved oxygen (DO) when required by label and follow all label instructions related to DO. Do not apply herbicides if DO is below three parts per million (3 PPM) or authorized by the herbicide label. 6.9.7. The Contractor is liable for any penalty, fines, or damages resulting from the misuse of herbicides. 6.9.8. Retreatments will be conducted by the Contractor due to unsatisfactory work performance. Any nuisance or exotic vegetation still flourishing following post -treatment will require retreatments, at no cost to the County. 7. Pesticide Application Records Maintain records relating to the application of pesticides and restricted -use pesticides, link: httRs www flrules or ateway/RuleNo.asp?ID=SE-9.032. The Contractor shall provide the records at the request of the County. 8. Equipment Staging equipment and vehicles will need advanced approval by the County Project Manager. The work requests may require equipment that is in good working condition. Types of equipment for services needed but not limited to the following. 8.1.1. Small equipment: chainsaws, machetes, string trimmers, and brush trimmers. 8.1.2. Heavy equipment: cranes, bucket trucks, ditch witch, excavator, mulching head, etc. 8.1.3. Watercraft /Airboat. 8.1.4. Backpack sprayers for applying herbicides. 8.1.5. Heavy-duty composite protection mats, such as Dura-Base mats, for accessing environmentally sensitive locations with minimal surface and soil disturbance. Page 3 of 5 Exhibit A —Scope of Services GPO Invitation for Qualifications (IFQ) #23-8135 "Exotic and Nuisance Vegetation Removal" Contractor must ensure that all equipment (i.e., owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference prior to entering the project site to commence work. County staff reserves the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 9. Inspections Onsite inspections may occur to monitor or progress and when the work is completed. Contractor shall a -mail the County Project Manager when the work is completed. The Contractor shall cure any deficient work as requested by the County and within the timeline provided. 10. Clean Up Each workday removal of vegetation debris, trash, and load, haul, and dispose of it at a legal disposal site in accordance with applicable local and state laws. 10.1. Stockpiling is not permitted in the right -of --way. ] 0.2. The Contractor may be required to return to the worksite to clean up, remove, and haul away for disposal. 11. Damaaes The Contractor shall exercise care and protect all native vegetation at the project site. The Contractor is responsible For restoring or replacing all damaged native vegetation to the satisfaction of the County Project Manager, at no cost to the County where the Contractor's control operations occurred. 12. Overhead Utility Protection The Contractor shall protect all utilities from damage and shall immediately contact the appropriate utility if damage should occur. The Contractor shall be responsible for all claims for damage due to their operations. The Contractor shall arrange with the utility for the removal of necessary limbs and branches, which may conflict with, or create a personal injury hazard in, conducting the operations under this agreement. 13. Utilities The Contractor shall be responsible for exercising precautions while working near utilities; therefore, before digging, the Contractor must call Sunshine 811 at 811 or 800-432-4770, Monday —Friday from 7:00 a.m. — 5:00 p.m. Sunshine 811 requires two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 14. Temporary Traffic Control (TTCI If applicable, TTC will be required to the work being requested in the quote. The Contractor is responsible for providing a plan to set 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. The Contractor is responsible for maintaining TTC while performing services in the right- of -way and roadways. 14.1. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 14.2. Subcontracting TTC is authorized. Page 4 of 5 Exhibit A — Scope of Services Cp0 Invitation for Qualifications (IFQ) #234135 "Exotic and Nuisance Vegetation Removal" 14.3. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's Certified TTC employee to meet County staff within twenty (20) minutes of the initial contact to address work zone safety issues. 14.4. TTC setup that does not comply will have operations ceased until TTC is corrected per the FDOT standards ar MUTCD. 15. 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 colliercoupUfl gov/government/transportation-management- services/services/construction-and-maintenance- public-information/road-alerts . 16. 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. The following standards shall be maintained: 16.1. 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. 16.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles, where necessary, required by law or the BCC. 16.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 16.4. Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. Page 5 of 5 Exhibit A —Scope of Services Cp,O ❑ following this page (pages ❑■ this exhibit is not applicable Exhibit B Fee Schedule through Page 20 of 36 Multi -Contractor Award Agreement [2023_ver.2] Gp,O ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the with Oblige for day of , 20_ accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 21 of 36 Multi -Contractor Award Agreement O [2023_ver.2] CPS Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: Name: Its: The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization, this of as on behalf of the corporation. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 20 , by of , a corporation, He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Page 22 of 36 Multi -Contractor Award Agreement O [2023_ver.2] GP Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization, this _ of as on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) 20 , by of , a corporation, He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 36 Multi -Contractor Award Agreement GPp [2023_ver.2] ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and CIO Surey, locatetd a (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. t WHEREAS, Principal has entered into a contract dated as of the 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of tiI e, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 24 of 36 Multi -Contractor Award Agreement (� This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF By: Name: Its: PRINCIPAL: The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization, this _ as on behalf of the corporation. My Commission Expires: (AFFIX OFFICIAL SEAL) C•Si 20 , by of , a corporation, He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 25 of 36 Multi -Contractor Award Agreement O [2023_ver.2] GPO ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑ online notarization, this of 20 , by as of the corporation physical presence or ❑ corporation, on behalf He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) of (Signature of Notary Public -State of Florida) Na me: (Legibly Printed) Notary Pu blic, State of Commission No.: Page 26 of 36 Multi -Contractor Award Agreement [2023_ver.2] GP L■ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ) Before me, the undersigned authority, personally appeared after being duly sworn, deposes and says: who (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20 for the period from to This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: : ITS DATE: [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑online notarization, this _ of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) (Legibly Printed) Notary Public, State of Page 27 of 36 Multi -Contractor Award Agreement [2023_ver.2] Gp.� (AFFIX OFFICIAL SEAL) Commissioner No.: ❑R this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: through the Date: RE: ect Name) Original Contract Time: Revised Contract Time: Date $ Retainage @ 10% thru [insert date] Retainage @ _% after [insert date] Percent Work completed to Date: Percent Contract Time completed to Liquidated Damages to be Accrued (Contractor's Representative) (Contractor's Name) (Contractor's Address) Date E Application Date Payment Application No. for Work accomplished Original Contract Amount: Total Change Orders to Revised Contract Amount $ Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION: ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection Page 28 of 36 Multi -Contractor Award Agreement CAp [2023_ver.2] with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name &Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional DATE: Title) (DP's Name) (Signature) (Type Name & Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page 29 of 36 (Signature) DATE: (Type Name and Title) Multi -Contractor Award Agreement [2023_ver.2] ❑■ this exhibit is not applicable ❑ Contract Modification EXHIBIT F CHANGE ORDER ❑ Work Order Modification Contract #: I IChange #: Purchase Order #: Contractor/Firm Name: Project Manager Name: Project Name: Department: Project # Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/0! Chan e from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract /work order identified above and will be subject to all the same terms and conditions as contained in the contract /work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs, Accepted by: _ Date: (Contractor /Vendor /Consultant /Design Professional and Name of Firm, if project applicable) Approved by: Approved by: (Design Professional and Name of Firm, if project applicable) (Procurement Professional Page 30 of 36 Date: Date: Multi -Contractor Award Agreement [2023 ] CAO ❑� this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: Page 31 of 36 Multi -Contractor Award Agreement [2023_ver 2]�> CAO RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 By: OWNER Type Name and Title Page 32 of 36 Multi -Contractor Award Agreem ❑1 this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXNMI T N CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 33 of 36 Multi -Contractor Award Agreement [2023 2] 0 Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on By: OWNER Type Name and Title Page 34 of 36 Multi -Contractor Award Agreement [2023_v n� O ❑■ this exhibit is not applicable EXHIBIT I In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 35 of 36 Multi -Contractor Award Agreement [2023_ver.2J y O Description: Other mXnNuAttachment Federal Contract Provisions and Assurances 0 following this page (pages 1 ❑ this exhibit is not applicable through 11 Page 36 of 36 Multi -Contractor Award Agreement [2023_ver.2 n FO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 � O EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 2000321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the inal melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, apaid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaulI roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identer (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 U EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e)I in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C, Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180,905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (6200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable. requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 O a O EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000)a Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60A.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractorI state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 241 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in tha cziihrnntrart that N I tha giihrnntrartnr is hnunri by tha tarmc of this AnrAAmPnt rill tha ai ihrnntrontnr is MULTI=CONTRACTOR AWARD AGREEMENT # 23-8135 foI Exotic and Nuisance Vegetation Removal THIS AGREEMENT, made and entered into on this day %J 20 24 by and between Earthbalance Corporation , authorized to do business in the State of Florida, whose business address is 2570 Commerce Parkway, North Port, FL 34289 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 )year period, commencing ❑■ upon the date of Board approval; or n� ^^n ,and terminating three ( 3 ) year(s) from that date or until all outstanding 0 Purchase Order(s) ❑ k-9 d.e.FW 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 �1Purchase Order f lI V %c ^ t^ Dr^nL^. Q 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ ❑ Other: Invitation for Qualification ( IFQ ) # 23-8135 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. 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 Page 1 of 36 Multi -Contractor Award Agreemen [2023_ver. nb� compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 ❑� The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. �I \��� Il I�t\l \mil■�I■��1�■ 4. THE AGREEMENT SUM. � The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ Qentracter's-glue d_priees�s#afl-die-ba-se �E �+tee-S a te. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): � Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Page 2 of 36 Multi -Contractor Award Agreement [2023_ver.2] n�� WE W :Aim LVFWw2_ 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. VAM- - 549� aft Oil Iff Ir►jW.b:.l�r►��Si11�1..�������l�l���I��i��i•�1��» � wpalms \ M�l L-li Page 3 of 36 Multi -Contractor Award Agreement Ob0 [2023_ver.2] .- MORM 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. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Attention Name & Telephone: E-Mail(s): Earthbalance Corporation 2570 Commerce Parkway North Port, Florida 34289 Cristine A. Borowski, VP of Business Management Title: James Barron, Project Manager (941) 426-7878 / (814) 806-5293 Nhults@earthbalance.com / Jbarron@earthbalance.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Division Name: Address: Road Maintenance Division Marshal Miller 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. Page 4 of 36 Multi -Contractor Award Agreement [2023_ver.2 Obi 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. 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. Page 5 of 36 Multi -Contractor Award Agreement Ob0 [2023_ver.2] B. ❑■ Business Auto Liability: Coverage shall have minimum limits of $1MUM 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 $1,000,000 for each accident. zMan _ —m a M ■On I _ o __ _ _ . - a- F. � Pollution Liability :Coverage shall have minimum limits of $1,000,000 per claim/occurrence. go Poll 11,01 am ff;aw^ 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. Page 6 of 36 Multi -Contractor Award Agreement Oiy 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 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, ❑ ExhibitaFee Sc ,� ;`_ ❑ RFP ❑ TB/0 Other Invitation for Qualification (IFQ) #2M135 , including Exhibits, Attachments and Addenda/Addendum, ❑W subsequent quotes and corresponding contract documents, ■❑ Exhibit C-1 Public Payment Bond, Exhibit fl I�oI� o% �nA Affiiln��i4__C^rw Exhibit C-2 Public Performance Bond, ❑ �� 1)--r���� - ; ❑ Exhibit C (`h�nne nrAl r ❑ . IMM ., Exhibit G GeFtafieate ef S_ ❑Exhibit H Ger. i ' ate of Final �{ ❑ Cv f _ Waf fap*, and F Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17, APPLICABILITY. Sections corresponding to any checked box (�) expressly apply to the terms of this Agreement. Page 7 of 36 Multi -Contractor Award Agreement qy� [2023_ver.2] 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, 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 Statute, §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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112=5746 Telephone: (239) 252-8999 Email: PublicRecordReguest _colliercountVfl.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 Page 8 of 36 Multi -Contractor Award Agreement [2Q23_ver.2] Ob0 inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 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. 0 BONDS. A. When a construction project is in excess of $200,000, the Contractors) shall be required to provide Payment and Performance Bonds- B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 9 of 36 Multi -Contractor Award Agreeme [2023_ver. �jCbC IR MOW A . -at Rot W — A . — — — — 1�-., — — — — — — — on, —LIVILIM — — — -- MELVA— VI MEAN — — — — — — VITA — — — — r to, took took at AI — — A DROP 11 A — — — — — El — on. ZA — — ma kaI — — — —two 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. �■ CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Pagel 1 of 36 Multi -Contractor Award Agreemen Oy [2023_ver.2 '� Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. - - -- - ULMO Ah Aft or mimm'WAItURNWEIF --IF OF W 29. � 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. 30. 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. 31. 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. 32. ❑� 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, Page 12 of 36 Multi -Contractor Award Agreement Ob, [2023_ver.2] � Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. - -- -- - - _:--: :- MOM Page 13 of 36 Multi -Contractor Award Agreemen Page 13 of 36 Multi -Contractor Award Agreemen 38. 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. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ❑■ 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. 41. ❑ ORBEpt-OF—;?.'?E4ED€N e#I+st-fa s }�V� mro^oA n_o_ ❑■ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take Page 15 of 36 Multi -Contractor Award Agreeme�� precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. 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. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time 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(cocoiliercountyfl.gov) 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. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 44. � 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 Page 16 of 36 Multi -Contractor Award Agreement 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. (Signature page to follow] Page 17 of 36 Multi -Contractor Award Agreement n�� [2023_ver.2] IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: Vntractor's First Witness Je,55 i Ca. Nc rrt' S TType/print witness nameT yi Contractor's Second Approved Witness and Legality: rney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chris Hall Earthbalance Corporation Contractor sy: Signat� ype/print signature and Page 18 of 36 Chairman eT Multi -Contractor Award Agreement/ Exhibit A Scope of Services 0 following this page (pages through 5 ) ❑ this exhibit is not applicable Page 19 of 36 Multi -Contractor Award Agreement [2023_ver.2] OyO Invitation for Qualifications (IFQ) 9234135 "Exotic and Nuisance Vegetation Removal" Exhibit A Scope of Services DETAILED SCOPE OF WORK Contractors awarded under this Agreement shall provide exotic, nuisance, and other vegetation control services for departments Countywide, on an "as -needed basis." Management of non-native invasive plants, nuisance, and other vegetation includes mechanical, chemical, and physical methods or a combination of them. The work areas may be in the right-of-way, easements, county -owned or operated facilities, residential neighborhoods, preserves, County owned parks or remote and isolated locations. Contractors performing the work shall follow invasive plant laws as described in the link, https://www.fdacs.gov/Forest- Wildfire/Our-Forests/Forest-Health/Invasive-Non-Native-Plants/Invasive-Non-native- Plant-Laws, and the Florida Invasive Species Council [FISC], current list of Florida Exotic Pest Plant Council [FLEPPC], Category I and II invasive plant species link, https://floridainvasivespecies.org/plantlist2Ol9.cfm when applicable. 1. Service Requests Contractors shall have the ability, workforce, and equipment to perform the work. Requests may consist of but are not all- inclusive of the following: 1.1. Professional assistance services to provide the most effective methodology to remove and maintain vegetation. 1.2. Removal and/or maintenance of wetlands or cypress preserve vegetation. 1.3. Removal and/or maintenance of storm drains conveyance vegetation (canals, ditches, lakes, etc.). 1.4. Removal and/or maintenance of drainage easement vegetation. 1.5. Removal and/or maintenance of vegetation in County owned or managed properties (preserves, parks, and facilities 1.6. Clear trails in conjunction with exotic plant removal projects. 1.7. Chemical treatments of aquatic emergent, floating, or submersed exotic vegetation. 1.8. Ditch bank/shoreline vegetation extending rhizomes into the water body. 1.9. Professional mangrove trimming. 2. Distribution of Work County Project Manager will request a lump sum quote for each project under the following criteria: 2.1. Projects with a value up to $200,000: 2.1.1. A Summary of Work and Request for Quotation will be sent to all Contractors. Completion time may be specified in the Request for Quotation. 2.1.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of seven (7) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.1.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. Page 1 of 5 Exhibit A —Scope of Services n�� 3. a. 5. 6. 2.2. Invitation for Qualifications (IFQ) 4234135 "Exotic and Nuisance Vegetation Removal" Projects with a value over $200,000 up to $500,000: 2.2.1. A Summary of Work and Request for Quotation will be sent to all the Contractors. Completion time may be specified in the Request for Quotation. 2.2.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of fourteen (14) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.2.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 2.2.4. Projects over $200,000 shall have a payment and performance bond and shall be provided prior to issuance of a Purchase Order. The payment and performance bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County. Completion time may be specified in the Request for Quotation. The County reserves the right to waive any or all these requirements and to separately solicit any job if in the best intere: of the County. Projects exceeding the $500,000 threshold will be formally solicited. Work Commencement The project shall commence upon issuance of a Purchase Order. The Contractor agrees that any Purchase Order that extends beyond the expiration date of the contract will survive and remain subject to the terms and conditions of the contract until the completion or termination of work. Work Hours Monday through Friday from 7:00 a.m. to 5:00 p.m. Contractor may request approval from County staff to work outside the stated hours and workdays. There is no additional compensation for working on weekends, holidays, or beyond the stated hours. Work Schedules The County Project Manager may request work schedules prior to the commencement of services and updates if there are changes in the workdays. Project Specifications County staff will develop a scope of work and specifications to meet the project needs. Listed below are examples of project specifications that may be incorporated in a County Project Manager's or staffs quote requests. The examples provided are not an all-inclusive list of what may be requested. 6.1. Document pre -project and post -project site conditions and adjacent properties with photographic, video, or oth, means. 6.2. Global Positioning Sensor (GPS) tracks identifying work completed in the project areas. County staff may bmit request the Contractor to suGPS file tracks. 5.3. Pursuant to South Florida Water Management District Melaleuca guidelines, felled trees may be neatly stacked with the approval of the County Project Manager (approval will be determined in advance). Page 2 of 5 Exhibit A —Scope of Services Invitation for Qualifications (IFQ) #234135 "Exotic and Nuisance Vegetation Removal" 6.4. Ruts made in the soil must be removed by the vendor. 6.5. The removal of debris, trash, vegetation, hauling away, and disposal at a legal disposal site shall be included in the lump sum price. No debris or vegetation disposal in waterways. 6.6. Installation of turbidity barriers. 6.7. The Contractor may be requested to coordinate work with other Contractors. 6.8. Perform exotic vegetation treatment operations within the right -of --way and/or easements. Any equipment left in the right- of -way overnight shall be parked outside of the clear zone and as close as possible to the right-of- way line. No equipment shall be parked in the median regardless of the width of the median. 6.9. Chemical treatment applications shall be conducted to protect non -target organisms, crops, the environment, and tl public. 6.9.1. Locate and treat 100% of the Florida Exotic Pest Plant Council (FLEPPC) invasive plants listed within the designated work area acres, with a minimum of 95% of target plants being killed. FLEPPC link below: https•//www flrules ora/aateway/RuIeNo asp?title=INTRODUCTION%200R%2ORELEASE%200F%2 OPLANT %20PESTS %20NOXIOUS%20WEEDS %20ARTHROPODS %20AND%20BIOLOGICAL%2000NTRO L%20 AGENTS&ID=513-57.007. 5.9.2. Application methods may include foliar spray, spot treatments, frill, and girdle, cut stump treatments, basal bark, poodle cutting, and broadcast (liquid and granular). 6.9.3. Seedlings of some species in mixed plant communities may be hand -pulled to minimize the impact of herbicide on non -target vegetation. 6.9.4. Herbicide applications shall be carried out consistent with Environmental Protection Agency (EPA) and comply with all pertinent regulations set forth by the Florida Department of Agriculture and Consumer Services (FDACS). 6.9.5. Wind speeds at or exceeding ten (10) miles per hour (mph). The wind speed regulation may apply due to label restrictions or Florida's 5E-2.033 Organo-Auxin Herbicides: Restrictions and Prohibitions rule, link below: https://www.flrules.orp,/Pateway/RuIeNo.asp?id=5E-2.033. 6.9.6. Monitor dissolved oxygen (DO) when required by label and follow all label instructions related to DO. Do not apply herbicides if DO is below three parts per million (3 PPM) or authorized by the herbicide label. 6.9.7. The Contractor is liable for any penalty, fines, or damages resulting from the misuse of herbicides. 6.9.8. Retreatments will be conducted by the Contractor due to unsatisfactory work performance. Any nuisance or exotic vegetation still flourishing following post -treatment will require retreatments, at no cost to the County. 7. Pesticide Application Records Maintain records relating to the application of pesticides and restricted -use pesticides, link: https www flrules org_/ atg eway/RuleNo.asp?ID=SE-9.032. The Contractor shall provide the records at the request of the County. 8. Equipment Staging equipment and vehicles will need advanced approval by the County Project Manager. The work requests may require equipment that is in good working condition. Types of equipment for services needed but not limited to the following. 8.1.1. Small equipment: chainsaws, machetes, string trimmers, and brush trimmers. 8.1.2. Heavy equipment: cranes, bucket trucks, ditch witch, excavator, mulching head, etc. 8.1.3. Watercraft /Airboat. 8.1.4. Backpack sprayers for applying herbicides. 8.1.5. Heavy-duty composite protection mats, such as Dura-Base mats, for accessing environmentally sensitive locations with minimal surface and soil disturbance. Page 3 of 5 Exhibit A —Scope of Services n�� Invitation for Qualifications (IFQ) #234135 "Exotic and Nuisance Vegetation Removal" Contractor must ensure that all equipment (i.e., owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference prior to entering the project site to commence work. County staff reserves the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 9. Inspections Onsite inspections may occur to monitor work progress and when the work is completed. Contractor shall a -mail the County Project Manager when the work is completed. The Contractor shall cure any deficient work as requested by the County and within the timeline provided. 10. Clean Up Each workday removal of vegetation debris, trash, and load, haul, and dispose of it at a legal disposal site in accordance with applicable local and state laws. ] 0.1. Stockpiling is not permitted in the right -of --way. ] 0.2. The Contractor may be required to return to the worksite to clean up, remove, and haul away for disposal. 11. Damages The Contractor shall exercise care and protect all native vegetation at the project site. The Contractor is responsible for restoring or replacing all damaged native vegetation to the satisfaction of the County Project Manager, at no cost to the County where the Contractor's control operations occurred. 12. Overhead Utility Protection The Contractor shall protect all utilities from damage and shall immediately contact the appropriate utility if damage should occur. The Contractor shall be responsible for all claims for damage due to their operations. The Contractor shall arrange with the utility for the removal of necessary limbs and branches, which may conflict with, or create a personal injury hazard in, conducting the operations under this agreement. l3. Utilities The Contractor shall be responsible for exercising precautions while working near utilities; therefore, before digging, the Contractor must call Sunshine 811 at 811 or 800-432-4770, Monday —Friday from 7:00 a.m. — 5:00 p.m. Sunshine 811 requires two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 14. Temporary Traffic Control (TTC) If applicable, TTC will be required to the work being requested in the quote. The Contractor is responsible for providing a plan to set 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. The Contractor is responsible for maintaining TTC while performing services in the right- of -way and roadways. 14.1. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 14.2. Subcontracting TTC is authorized. Page 4 of 5 Exhibit A —Scope of Services Qb,� Invitation for Qualifications (IFQ) #234135 "Exotic and Nuisance Vegetation Removal" 14.3. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's Certified TTC employee to meet County staff within twenty (20) minutes of the initial contact to address work zone safety issues. 14.4. TTC setup that does not comply will have operations ceased until TTC is corrected per the FDOT standards ar MUTCD. 15. 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 colliercountfl.gov/government/transportation-manaaement- services/services/construction-and-maintenance- public-information/road-alerts . 16. 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. The following standards shall be maintained: 16.1. 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. 16.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles, where necessary, required by law or the BCC. 16.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 16.4. Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. Page 5 of 5 Exhibit A —Scope of Services O v ❑ following this page (pages 0 this exhibit is not applicable Exhibit 0 Fee Schedule through Page 20 of 36 Multi -Contractor Award Agreement [2023_ver.2] ❑ this exhibit is not applicable KNOW ALL MEN Principal, and Exhibit C=1 PUBLIC PAYMENT BOND BY THESE PRESENTS: That Bond No. Contract No. as as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, with Oblige for Principal has entered into a contract dated as of the day of , 20_ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 21 of 36 Multi -Contractor Award Agreement O� [2023_ver.2] c� Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: Name: Its: The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization, this of 20 , by as on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety of , a corporation, He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Page 22 of 36 Multi -Contractor Award Agreement [2023_ver.2] v Witnesses STATE OF _ COUNTY OF •: As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization, this _ of as on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) 20 , by of , a corporation, He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 36 Multi -Contractor Award Agreem� [2023_ve 2] vv ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of I alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 24 of 36 Multi -Contractor Award Agreement [2023_ver.2] v This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF By: Name: Its: PRINCIPAL: The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization, this _ of 20 , by of a corporation, He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. as on behalf %J the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 25 of 36 Multi -Contractor Award Agreement �� [2023_ver.2] ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization, this of 20 by corporation, on behalf as of the corporation of 0 d He/she is personally known to me OR has produced as identification andid (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 26 of 36 Multi -Contractor Award Agreement [2023_ver.2] v ❑i this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF STATE OF Before me, the undersigned authority, personally appeared after being duly sworn, deposes and says: who (1) In accordance with the Contract Documents and inconsideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: : ITS DATE: [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑online notarization, this _ of 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) (Legibly Printed) Notary Public, State of Page 27 of 36 Multi -Contractor Award Agreement [2023_ver.2] �� (AFFIX OFFICIAL SEAL) Commissioner No.: ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: through the Date: RE: ect Name) Original Contract Time: Revised Contract Time: Date $ Retainage @ 10% thru [insert date] (Contractor's Representative) (Contractor's Name) (Contractor's Address) Retainage @after [insert date] Percent Work completed to Date: _ Percent Contract Time completed to Date Liquidated Damages to be Accrued Application Date Payment Application No. for Work accomplished Original Contract Amount: Total Change Orders to Revised Contract Amount $ Total value of Work Completed $ and stored to Date $ Less previous payment (s) % AMOUNT DUE THIS % APPLICATION: ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection Page 28 of 36 Multi -Contractor Award Agreement O� (2023_ver.2] � c� with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional DATE: Title) (DP's Name) (Signature) (Type Name & Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page 29 of 36 (Signature) DATE: (Type Name and Title) Multi -Contractor Award Agreement [2023_ver.2] v F this exhibit is not applicable ❑ Contract Modification EXHIBIT F CHANGE ORDER ❑ Work Order Modification Contract #: IChange #: Purchase Order # Contractor/Firm Name: Project Manager Name: Pro ject Name: Department: Project #: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item � Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/01 Change from Current BCC Approved Amount C:iimiilativP C;hanaes $ 0.00 #DIV/0! Change from Current Amount Notice to Proceed Date # of Days Added below) Completion Date, Description of the Tasks) Change, and Rationale for the Change Original Last Approved Revised Date Completion Date Date Includes this change) Select Tasks ❑ Add new task(s) ElDelete task(s) ElChange task(s) ElOther (see Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested changes) to the tasks) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 30 of 36 Multi -Contractor Award Agreement [2023_v ] O U 0 this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: Page 31 of 36 Multi -Contractor Award Agreement [2023_ver.2] O 0 RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title Page 32 of 36 Multi -Contractor Award Agreement [2023_v Q U ❑K this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 33 of 36 Multi -Contractor Award Agreement [2023 er.2] Od 0 Executed by Design Professional on By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on By: OWNER Type Name and Title Page 34 of 36 20_ Multi -Contractor Award Agreement [2023 ] Oh, J this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00)I receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 35 of 36 Multi -Contractor Award Agreement �2o2s_ bz bJ Other ExhibiVAttachment Description; Federal Contract Provisions and Assurances M7 following this page (pages 1 through 11 ) ❑ this exhibit is not applicable Page 36 of 36 Multi -Contractor Award Agreement [2023_v O6, J EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 O �dJ EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States, Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, womenIs business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: `Produced in the United States' means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, apaid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 �bJ EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180,905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000)a Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $1501000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as othennrise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractorI state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 r%) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. vendor/contractor Name EarthBalance Corporation Date July 12, 2023 Authorized Signature EXHIBIT I - 8 /�.f' EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR EarthBalance Corporation By: Signature Cristine Borowski, Vice President of Business Management Name and Title 2570 Commerce Parkwa Street Address North Port, Florida 34289 City, State, Zip JU62MTGWYT33 UEI Unique Entity Identifier (for SAM.gov verification) July 12, 2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 O�J EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUfVTY ANTICIPATED QISAL)VANTAGEQ, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT v:ill be vviiecl. Unverifabule statuses v+ill require the PR f.4E to either pra yde a revisad statement or pro'.ide source documentation that validates a Is?atus. A. PRIME VENQQR/CONTRACTOR INFC)RMATION PRIME fJAfvIE PRIF.IE FE'+D NUF�IBER Ca7NTRACT DOLLAR AP�1�3UPJT EarthBalance Corporation 59-2612208 TBD ISTHE PRIME A FLORIDA.•CERTIFIED DISADVANTAGED, VETERAN Y N 5 THE ACTIVIW OF THIS CONTRACT... Nil NJOAITYORI'O EN BUSINESSENTERPRISE? DBE? Y fJ CONSTRUCTION? Y N 'DBE; t.IBE(ti'iBE) OR HAVE A SNIALLDISAMANTAGEU BUSItESS uA CERTIFIC.ATION FROM THE SMALL BUSINESS MBE? 1' CD"ISULTATaDN? Y fJ ; ADMINISTRATION? A SERVICE DISABLEDVETERAN? WBE? Y 8 OTHER:" O N SDBCA? Y N IS TKS SUBr.A155SOLi A REVISION? 't' I N F YES, REVISION NUMBER, BIF PRIME HAS SUBCONTRACTOR OR SUPPLIER LVHO iS A DISADVANTAGED Mih10R1TY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION ❑BE M/WBE I SUBCONTRACTOR OR SUPPLIER VETERAN NAhAE - EarthBalan TYPE DF WORK OR I ETHNICITY CODE SPECIALTY {see Belowj ete th Tc�rA15 SUB/SUPPLIER PERCEr.'T OF CONTRACT DOUAR AMOUNT DOLLARS in hou I C, SECTION TO BE COMPLETED BY PItiME VENC70R/CONTRACTOR I NAME OF SUBMITTER DATE 111I.E OF SUBMfTTER � Cristine Borowski y 12, 2023 W.P. of Business Mana ement Eh1AlLADDRE55 OF PRIME (SUBMiTTER) TELEPHONE i`JUh16ER FA}f NUMBER nhultse.earthbalance.com I(941) 426- rIOTE: This information is used to track and rep, rt antic ipate d DBE cr t BE participation in federalPyfunded contracts. The anticipated'DBE or rtii BE amount is vol untary and will not become part of the contractual t¢rms. This Corm must be submitted at ti ma of respanse to a solicitation. '# and when awarded a County contract, the prime vvill be asked to update the information for the grant conipiiance fifes. ETHNICtiY D. CODE black American BA Hispank.American HA Native American NA Subcont. Asian American SAA Asian -Pacific American APA Norimminoritj women Nr. W Othernot of any other group listed D DEPARTt.9 ACCEPTED BY: SECTION TO BE COMPLETEQ BY COLLIER COLfNTY COLLIER COrITF.HCf x jiFB,�RFP or PO.iRE DATE EXHIBIT I -10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, can, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. EarthBalance Corporation Contractor (Firm Name) Signature of Contractor's Authorized Official Cristine Borowski, Vice President of Business Management Name and Title of Contractor's Authorized Official July 12, 2023 Date EXHIBIT I - 11 OyO MULTI -CONTRACTOR AWARD AGREEMENT # 23-8135 for Exotic and Nuisance Vegetation Ra moval THIS AGREEMENT, made and entered into on this day of 20 24 , by and between Earth Tech Environmental LLC. authorized to do business in the State of Florida, whose business address is 10600 Jolea Avenue Bonita Springs, Florida 34135 (the "Contractor") and Collier County, a political subdivision o{the State of Florida, (the "County" or "Owner"): W ITN ESSETH- AGREEMENT TERM. The Agreement shall be fora three ( 3 )year period, commencing � upon the date of Board approval; eF� an and terminating three ( 3 ) year(s) from that date or until all outstanding 0 Purchase Orders) 0 aAFaclF-9sdarfsj 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, extentl 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. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a OPurchase Order 0 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of 0 0__ _ _ e o o. � � Other: Invitation for Qualification ( IFO ) # 23-8135 , including all Attachment(s), Exhibits) and Adtlenda 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. 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 Page t of 36 M ultl-Contractor Awartl A9reema p [2023_ver. U compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 0 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. � � 9tkeF o 4. THE AGREEMENT SUM. � The County shall pay the Contractor for the pertormance of this Agreement based on Work pertormad pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. � c,4aadaala. 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): � Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must pertorm to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Multl-Contractor Award Agreement [2023_ver.2 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "lathes' as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. Page 3 of 36 MWU-Contrector Award Agreeme O6, [2o23_ver. O 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 subtlivision of the State of Florida, is exempt from the payment of Floritla sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption 3F 85-8015966531 C. 6. NOTICES_ All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Donn Brown Presitlant Attention Name 8. Title: Telephone: Office: (239) 304-0030 /Mobile: (239) 438-1389 E-Mail(s): DonnbCDeteflorida.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: Road Maintenance Division Division Name: Marshal Miller Adtlress: Administrative Agent/PM: Telephone: E-Mail(s): 4800 Davis Blvd Naples Florida 34104 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. Page 4 of 36 Multi -Contractor Award Agreemen C'y. [2023_var.2 J 8. PERMITS: LICENSES: TAXES. In compliance with Section 2'18.80, 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. 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. 'I O. 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-pertormance. 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 pertormed. 'I 1. NO DISCRIMINATION. The Contractor ag raes that there shall ba no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. '12. INSURANCE. The Contractor shall provide insurance as follows: A. 0 Commercial General Liability: Coverage shall have minimum limits of $'I,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. Pages 5 of 36 Multi -Contractor Award Agreama Ob [2023_var. J B. � 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. 0 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. a} � Prefess]ar•-' ' e-Gewtrasta awd--aggregate- F. 0 Pollution Liability :Coverage shall have minimum limits of $ 1,000,000 per claim/occurrence. �o per - -- ++ o - - p� - - - --- ---- Special Recuirements: 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 "Atlditional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary antl 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. Page 6 of 36 Multi -Contractor Award Agreamen �bj [2023_ver2] 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 pertormance of this 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 tlefend 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 pertormance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to pertorm those services. 113. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which era as fully a part of the A��regiment as if herein set out verbatim: Contractor's Proposal, Insurance Cartificate(s), iai Exhibit A Scope of Services, 0 o FiFPF 0 7T6/0 Other Invitation for Qualification (IFQ) #23-8135 including Exhibits, Attachments and Addenda/Addendum, � subsequent quotes and corresponding contract documents, O Exhibit C-1 Public Payment Bond, � Exhibit C-2 Public Pertormance Bond, � 0 ExhibiF E _ __ __ _ o � E,...:., �. � _ _, � Q Eel-iibit i - �:ar;o ty; and � Other Exhibit/Attachment: 17. APPLICABILITY_ Sections corresponding to any checked box (�) expressly apply to the terms of this Agreement. Page 7 of 36 Multi -Contractor Awartl Agreame �sV, [2023_ver.2 18. SUBJECT TO APPROPRIATION. It is further untlerstootl antl 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 lima; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, 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 ail 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. antl regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLO RIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: Public Record ReauestiaZcolliercou ntvfl.00v 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 Page 8 of 36 Multi -Contractor Awertl Agreement Abu [2023_ver.2] 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. 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. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 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. 2'I. 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. � BONDS. 23 A. When a construction project is in excess of $200,000, the Contractors) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Pertormance and/or Payment Bond prior to commencing pertormance, for the full amount of the Work, which shall act as a security guaranteeing the pertormance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall ba furnished using the forms prescribed in Exhibit "C-'I" and Exhibit "C-2" C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 9 of 3B MWti-Contractor Award Agreem t�bJ [2023_ver. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. � CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to pertorm or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Page t 9 of 36 MUItI-Contractor Awartl Agraem t�bJ [2023_ver. Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 29. 0 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. 30. 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 pertorming 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. 31. 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 ba 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 pertormed in a manner and by organizations acceptable to the County. 32. 0 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, Pages 12 of 36 MWti-Contractor Awartl Agreement Ob J [2023_var.2] Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. I -I Page 13 of 36 MUIL-Contractor Award Agreeme �� [2023_ver.2 38. 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 Metliation 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 antl 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. Stet. 39. VENUE_ Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 40. 0 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 4, . o a,:� Pr��e�� ' � ORDER OF PRECEDENCE (Grant Fundadl_ In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approvetl Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take Page � 5 of 36 Multi -Contractor Award Agraame� [2023_ver. ] du precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Contlitions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. 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. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for flue (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees antl subcontractors must wear Collier County Government Identification badges at all times while pe rtorming 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 backgrountl check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. Tha Contractor shall immetliately notify the Collier County Facilities Management Division via a -mail (DL-FMOPSCc�colliercou ntvfl.00v) 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. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 44. � SAFETY. All Contractors antl 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 Page t6 of 36 Mulli-Contractor Awartl Agreema� [2023_ver. bb 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 orie exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being pefiormed 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. [Signature page to fo//owJ Page t7 of 36 Mtrlli-Contractor Awartl Agroeme� [2023_var. dj IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chris hall , Chairman Witnesses: Earth Tech Environmental LLC. Contractor By:_- ctor's F' itness Signature /J _�e �••• j�co wit 1 �✓'� S i Gi Cy�� 2 -'Type/print signature and title-' 'ari witness nameT Contractor's Second`'Witness %� N btt�tiS tNl'Ibuv Camvfr(#jqL MC4 P TType/print witness nameT •• • -• - ri`'1 • -•. e Page 18 of 36 Multi -Contractor Award Agreement O [2423_ver.2] 60 Exhibit A Scope of Services � following this page (pages � through `�' ) � this exhibit is not applicable Pages 19 of 36 Multl-Contractor Awartl Agreement O� [2023_var.2j Invitation for Qualifications (IFQ) #23-8135 "Exotic and Nuisance Vegetation Removal^ Exhibit A Scope of S¢rvices DETAIL D PE OF WO Contractors awarded under this Agreement shall provide exotic, nuisance, and other vegetation control services for departments Countywide, on an "as -needed basis:' Management of non-native invasive plants, nuisance, and other vegetation includes mechanical, chemical, and physical methods or a combination of them. The work areas may ba in the right -of --way, easements, county -owned or operated Facilities, residential neighborhoods,. preserves, County owned parks or remote and isolated locations. Contractors performing the work shall follow invasive plant laws as described in the link, httus://www £daca.¢ov/Forest- J'Idf re/O F t /F t H lth/[ N -N t -PI is/I -N - t' - Plant -Laws. and the Florida Invasive Species Council [FISC], currant list o£ Florida Exotic Pest Plant Council [FLEPPC], Category I and II invasive plant species link, http �//floridainvasivesoecies org/plantlist2019.cfm when applicable. 1. Service Rea uesta Contractors shall have the ability, workforce, and equipment to perform the work. Requests may consist of but are not all- inciusive of the £allowing: 1 .l . Professional assistance services to provide the most effective methodology to remove and maintain vegetation. 1 .2. Removal and/or maintenance of wetlands or cypress preserve vegetation. 1 .3. Removal and/or maintenance of storm drains conveyance vegetation (canals, ditches, lakes, etcJ. 1 .4. Removal and/or maintenance of drainage easement vegetation. ].5. Removal and/or maintenance of vegetation in County owned or managed properties (preserves, parks, and facilities: 1 .6. Clear trails in conjunction with exotic plant removal projects. I .7. Chemical treatments o£aquatic emergent, floating, or submersed exotic vegetation. 1 .8. Ditch banWshoreline vegetation extending rhizomes into the water body. 1.9. Professional mangrove trimming. 2. DistrlbuHon of Work County Project Manager will request a lump sum quote for each project under the following criteria: 2.1. Protects with a value uo to $200-000: 2.1 .1 . A Summary of Work and Request for Quotation will ba sent to all Contractors. Completion dine may be specified in the Request for Quotation. 2.1.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minivnum of seven <7) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quota meeting. 2.I.3. The Division's Project Manager will review all quotes received by the given due data and may negotiate with the Contractor who submits the lowest quote, if outside the budget. Page 1 of 5 Exhibit A —Scope of Services O U Invitation for Qualifications (IFQ) #23-8135 "Exotic and Nuisance Vegetation Removal" 2.2. Pr i h slue v¢r 200 000 u to 500 000: 2.2.1. A Summary of Work and Request for Quotation will be sent to all the Contractors. Completion time may be specified in the Request for Quotation. 2.22. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of foutteen (14) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include apre-quote meeting. 22.3. The Division's Proj act Manager will review all quotes received by the given due date and may negotiate with [he Contractor who submits the lowest quote, if outsid¢ the budget. 2.2.4. Projects over $200,000 shall have a payment and performance bond and shall be provided prior [o issuance of a Purchase Order. The payment and performance bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County. Completion time may be specified in the Request for Quotation. The County reserves the right to waive any or all these requirements and to separately solicit any job if in the best intere: of the County. Projects exceeding the $500,000 threshold will be formally solicited. 3. Work Commencement The project shall commence upon issuance of a Purchase Order. Tha Contractor agrees that any Purchase Order that extends beyond [Ite expiration date of the contract will survive and remain subject to th¢ terms and conditions of the contract until the completion or term inaiion of work. 4. Work Hours Monday through Friday from 7:00 a.m. to 5:00 p.m. Contractor may request approval from County staff to work outside the stated hours and workdays. There is no additional compensation for working on weekends, holidays, or beyond the stated hours. 5. Work Schedules The County Project Manager may request work schedules prior to the commencement o£services and updates ifthere are changes in the workdays. 6. Protect Snecificatians County staff will develop a scope of work and specifications to meet the project n¢eds. Listed below are examples o£ project specifications that may be incorporated in a County Project Manager's or staffs quote requ¢sts. The examples provided are not an all-inclusive list of what may be requested. 6.1. Document pre -project and post -project site conditions and adjacent properties with photographic, video, or otlt• means. G.2. Global Positioning Sensor (GPS) tracks identifying work completed in the project areas. County staff may request the Contractor [o submit GPS Fle tracks. G.3. Pursuant to South Florida Water Management District Melaleuca guidelines, felled trees may be neatly stacked with the approval of the County Project Manager (approval will 6e determined in advance). Page 2 0£5 Exhibit A —Scope of Servic¢s Op U hrvitation £or Qualifications (IPQ) #23-8135 "Exotic and Nuisance Vegetation Removal" G.4. Ruts made in the soil must be removed by the vendor. 6.5. The removal o£debris, trash, vegetation, hauling away, and disposal at a legal disposal site sltail be included in the lump sum price. No debris or vegetation disposal in waterways. 6.6. Installation of turbidity barriers. 6.7. The Contractor may be requested to coordinate work with other Contractors. 6.8. Perform exotic vegetation treatment operations within the right -of --way and/or easements. Any equipment left in the right- of -way overnight shall be parked outside of the clear zone and as close as possible to the right-of- way line. No equipment shall be parked in the median regardless of the width of the median. 6.9. Chemical treatment applications shall be conducted to protect non -target organisms, crops, the environment, and tl public. 6.9. /. Locate and treat 100 % o£the Florida Exotic Past Plant Council <FLEPPC) invasive plants listed within the designated work area awes, with a minimum of 95 % of target plants being killed _FLEPPC link^below: 6.9.2. Application methods may include foliar spray, spot treatments, £rill, and girdle, cut stump treatments, basal bark, poodle cutting, and broadcast (liquid and granular). 6.9.3. Seedlings of some species in mixed plant communities may be hand -pulled to minimize the impact of herbicide on non -target vegetation. 6.9.4. Herbicide applications shall be carried out consistenC with Environmental Protection Agency (EPA) and comply with all pertinent regulations sat forth by the Florida Department of Agriculture and Consumer Services (FDACS). 6.9.5. Wind speeds at or exceeding ten (10) miles per hour (mph). The wind speed regulation may apply du¢ to label restrictions or Florida's SE-2.033 Organo-Auxin Herbicides: Restrictions and Prohibitions rule, link below: htt •// fl I a/ t /R 1 No aso7id=5E-2 033. 6.9.6. Monitor dissolved oxygen (DO) when required by label and follow all label instructions related to DO. Do not apply herbicides if DO is below three parts per million (3 PPM) or authoriz¢d by the herbicide label. 6.9.7. The Contractor is liable for any penalty, fines, or damages resulting From [he misuse of herbicides. 6.9.8. Retreatments will be conducted by the Contractor due to unsatisfactory work performance. Any nuisance or exotic vegetation still flourishing following post -treatment will require retreatments, at no cost to the County. 7. Pesticid¢ Aonlication Records Maintain records relating to the application of pesticides end restricted -use pesticides, link: htt '// fl I a/ t /R 1 N 7ID=5E-9 032. The Contractor shall provide the records at the request of the County. 8. Ea moment Staging equipment and vehicles will need advanced approval by the County Project Manager. The work requests may require equipment that is in good working condition. Types of equipment £or services needed but not limited to the following: 8.1.1. Small equipment: chainsaws, machetes, string trimmers, and brush trimmers. 8.1 .2. Heavy equipment: cranes, bucket trucks, ditch witch, excavator, mulching head, etc. 8.1.3. Watercraft /Airboat. 8.1.4. Backpack sprayers for applying herbicides. 8.1.5. Heavy-duty composite protection mats, such as Dura-Base mats, for accessing environmentally sensitive locations with minimal surface and soil disturbance. Page 3 of 5 Exhibit A —Scope of Services O U Invitation For Qualifications (IFQ) #23-8135 "Exotic and Nuisance Vegetation Removal" Contractor must ensure that all equipment (i.e., owned or rented vehicles, sprayers, etc.) is clean and Free of poteniisl exotic species to avoid transference prior to entering the project site to commence work. County staff reserves the right to inspect and approve or deny the equipment From entering the project site prior to the commencement of the project. 9. Inamections Onsite inspections may occur to monitor work progress and when the work is completed. Contractor shall a -mail the County Project Manager when the work is completed. The Contractor shall cure any def ici¢nt work as requested by the County and within the timeline provided. 10. Clean Uo Each workday removal of vegetation debris, trash, and load, haul, and dispose of it at a legal disposal site in accordance with applicable local and state laws. 10.1. Stockpiling is not perm ittad in the right -of --way. 10.2. The Contractor may be required to return to the worksite to clean up, remove, and haul away £or disposal. tt. Damages The Contractor shall exercise care and protect all native vegetation at the project site. The Contractor is responsible £or restoring or replacing all damaged native vegetation to th¢ satisfaction of the County Project Manager, at no cost to the County where the Contractor's control operations occurred. l2. Overhead Utility Protection The Contractor shall protect all utilities from damage and shall immediately contact the appropriate utility if damage should occur. The Contractor shall be responsible for all claims For damage du¢ to [heir operations. The Contractor shall arrange with the utility for the removal of necessary limbs and branches, which may conflict with, or create a personal injury hazard in, conducting the operations under this agreement. 13. Ut'lities The Contractor shall be responsible £or ex¢rcising precautions whit¢ working near utilities; therefore, before digging the Contractor must call Sunshine 81 I at 811 or 800-432-4770, Monday —Friday from 7:00 a.m. — 5:00 p.m. Sunshine 811 requires two (2) full business days' notice. Any damage [o utilities is the' Contractor's sol¢ responsibility and at no cost to the County. 19. T T- ff C t 1 fTTC) If applicable, TTC will be required to the work being requested in the quote. Th¢ Contractor is responsible For providing a plan to set 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. The Contractor is responsible for maintaining TTC while performing services in the right- of -way and roadways. 14.1. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 14.2. Subcontracting TTC is authorized. Page 4 of 5 Exhibit A —Scope of Services O U Invitation for Qualifications ([FQ) #23-8135 "Exotic and Nuisance Vegetation Removal" 14.3. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's Certified TTC ¢mploy¢e to meet County staff within tw¢nty (20) minut¢s of the initial contact to address work zone safety issues. 74.4. TTC setup Chat does not comply will have operations ceased until TTC is corrected per the FDOT standards ar MUTCD. 15. Road Alert- Mandatory Rea uirement Any lan¢ closures require the Contractor to submit the Road Alert Notification Form for Lene Closures and Road Cbsures via ¢mail to Collier County Transportation Management Services Department. Link to Download the Aoad Alett form: htt s//www.collierco vernment/tran ion mane ¢me - / s/ tr Y - d- t - p bl' f Y N d- 1 rt 16. 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. The following standards shall be maintained: 16.1. American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) Class 2 or 3 Vests, T- shirts, or similarly labeled garments depending on the tim¢ of day. 1 G.2. Appropriate work zone signage, cones, barricades or barrels, arrow pan¢Is, flagging personnel, and stop/slow paddles, whet¢ necessary, required by law or the BCC. 16.3. An applicable work zon¢ TTC plan based on FDOT and/or MUTCD designs on site. 16.4. Contractor will maintain access for residents and commercial properties with t»inimal delays to the traveling public. Page 5 of 5 O Exhibit A —Scope of Services y 0 Exhibit B Fees Schedule 0 following this page (pages _through ) 0 this exhibit is not applicable Pages 20 of 36 MuIO-Contractor Awartl A9reemant O [2023_ver.2] y. O 0 this exhibit is not applicable Exhibit C-9 PUBLIC PAYMENT BONG Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of (g ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BONU is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05('1 ), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of . 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 2t of 36 Multi-Contrector Award Agreement Sig netl, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL: By: Name Its: The foregoing instrument was acknowledged before me by means of O physical presence or O online notarization, this _ of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath - My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: (Signature of Notary Public -State of Florida) Name (Legibly Printed) Notary Public, State of, Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) Page 22 of 36 Multi -Contractor Award Agreement O [2023 ver.2] �� As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY( The foregoing instrument was acknowledged before me by means of O physical prase nce or O online notarization, this _ of 20_, by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public -State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 23 of 36 Multi -Contractor Award Agreement O � this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) era held and firmly bound to as Oblige in the sum of ($ )for the payment whereof we bond ourselves, our hairs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Pertorms the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Pages 24 of 36 Multi-ConVaclor Awertl Agreement � [2p23_vec2] O This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Pertormanca bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the Hama of each party being affixed and these presents duly sig netl by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of Witnesses as to Principal STATE OF COUNTY OF By: _ Name: Its: PRINCIPAL: The foregoing instrument was acknowledged before me by means of O physical presence or O online notarization, this _ of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) -FT�T�i (Legibly Printed) Notary Public, State of Commission No.: Page 25 of 36 Multi -Contractor Award Agreement O [2023_ver.2] O ATTEST: Witness as to Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Priniad Name) (Telephone The foregoing instrument was acknowladgetl before me by means of O physical presence or O online notarization, this of 20_, by as of a corporation, on behalf of the corporation. He/she is personally known to ma OR has prod ucad as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Pri ntad) Notary Public, States of Commission No.: Pages 26 of 36 Multi -Contractor Award AgraameM a [2c23_var.2] o � this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ] STATE OF( ) Before ma, the undersigned authority, personally appeared after being duly sworn, deposes and says: ('I) In accordance with the Contract Documents and in consideration of $ to be received, "Contractor") releases and waives for its¢If and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expanses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might ba sued or for which a lien or a demand against any payment bond might be filed, shall ba fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges Tiled or asserted against the Owner arising out of the pertormance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/Flnal7 Application for Payment No CONTRACTOR �� Witness STATE OF COUNTY OF [Corporate Seal) The foregoing instrument was acknowledged before me by means of O physical presence or O online notarization, this _ of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as Identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) (Legibly Printed) Notary Public, Stet¢ of Pages 27 of 36 Multi -Contractor Award Agreement � [2023_var.2] (AFFIX OFFICIAL SEAL) Commissioner No.: � this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) _ Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: Original Contract Time: Revised Contract Time: Data $ Retainage @ 1 O % th ru [insert date] Retainage � _% after [insert date] Percent Work completed to Data: Percent Contract Time completed to I Liquidated Damages to be Accrued Original Contract Amount: Total Change Orders to Revised Contract Amount $ Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION: ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection Pages 29 of 36 Multi -Contractor Award Agreement �p [2023_var.21 O with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name &Title) (shall b¢ signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional (D P's Name) (Signature) (Type Name 8. Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Pag¢ 29 of 36 O M WtI-Contractor Award Agreement p [2D23_ver.2] ® this exhibit is not applicable Q Contract ModlTication EXHIBIT F CHANGE ORDER 0 Work Order MotliFlcatlon Contract #: � Change #: � Purchase Order #: Prolaet #: Contractor/Firm Nama: Project Name: Project Manager Nama: Department: Current BCC Approved Amount Currant Contract/WorK Order Amount Oollar Amount of this Change RaNsatl Contract/WorK Order Total Last BCC Approval Oate; Agenda Item # SAP Contract Expiration Oate (Master) Total Change from Original Amount Change from CumaM BCC Approved Amount Compietlon Data, Description of the Taak(s) Change. and Rationale For the Change Notice to Proceetl � APProved Data Comi Plation Date � Date � InRcludas thlDa c en0e) # of Days Added � Salact Taaka O Add new tasK(s) 0 Delete tasks) � Chan9e taaK(s) 0 Other (sae below) Provide a response to the following: t.) tleta lied and specific explanation/rationale of the requested ehenge(s) to the taak(s) and / or the additional tlaya added (if requested); 2.) why this chan9a was not Included in the original contract; and, 3.) describe the Impact if this change la not processed. Attach additional information from the Design Professional antl/or Contractor IF nestled. Prepared by: -Data: (Project Manager Nama and Division) Acceptance of [his Chenga Ortler shall constitute a modification to contract /work ortler itlantifietl above end will ba subject to all [ha same farms antl conditions as contained In the wniract /work order indicated above, as fully as if the same ware aiatetl in [hie acceptance. Tha atljuatmenq If any, to the Contract shall cons[Ituta a NIi and final settlement of any antl all claims of the Contractor /Vendor / Consultant /Design Professional arising out of or related to the change sat forth herein, Including claims for impact entl delay costs. Accepted by: Data: _ (Contractor /Vendor /Consultant / Deai9n Professional and Name of Firm. if project applicable) Approved by: Data: (Design Professional and Nama of Firm, If project applVcable) Approved by: Date: (Procurement Professional Pages 30 of 36 Mul[I-Contractor Award A9reer� [2023_v r� � this exhibit is not applicable EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Data This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To Tha Work to which this Certificate applies has bean inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to ba substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to ba completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not altar the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. Tha items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above data of Substantial Completion. Tha responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall ba as follows: Page 31 of 36 Mul[i-Contractor Award Agream�^• [2023_v O RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents era attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accords nca with the Contract Documents. Executed by Design Professional on Design Professional BY: Type Name and Title i� CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Types Name and Titles OWNER accepts this Certificate of Substantial Completion on 20 By: Type Names and Title Page 32 of 36 MUIH-Contractor Awartl Agreement [2023_v�\ [�O � this exhibit is not applicable EXHIBIT H CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Data This Cartificata of Final completion applies to all Work under the Contract documents. To And To The Work to which this Cartificata applies has bean inspected 6y authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to ba finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit 1 is attached to and made a part of this Certificate: Page 33 of 36 Multi -Contractor Award Agreem¢n[ [2023_vi3r.Z� O Executed by Design Professional on Design Professional ;� Types Names and Title CONTRACTOR accepts this Certificate of Final Completion on 20_ CONTRACTOR ey. Types Names and Title OWNER accepts this Certificate of Final Completion on . 20_ By: Type Name and Titles Page 34 of 36 M Wti-Contractor Award Agre¢menl [2023_v� O 0 this exhibit is not applicable EXHIBIT 1 WARRANTY In consideration of tan dollars, ($'10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly partormed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Names: Data of Final Compiation: Names and Atltlrass of CONTRACTOR: CONTRACTOR warrants and guarantees the work pertormed pursuant to the contract shall be free of all defects of matari als and workmanship for a period of one year from the DATE OF FINAL COMPLETION. Tha undersigned party further agrees that it will, at its own expanse, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the req uirament pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work partormed under the contract and does not constitute a waiver of any rights provided pursuant to F/onda Sfatutas, Chapter 95, at seq. DATE: CONTRACTOR BV: Attest: Page 35 of 36 Mulli-Contrector Award Agreement (` ^ /\ Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances � following this page (pages � through � � ) 0 this exhibit is not applicable Page 36 of 36 Mul[I-Contractor Award Agreement [2023_ver.2]� O EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditlons containetl in this section are Intend¢tl to cooperate with, to supplement, and to modify the g¢n¢ral conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowladgem¢nt that FEMA financial assistance will be us¢d to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives aContract /Purchase Order. Compllanc® with Federal Law, Ragulatlons and Exeeutive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Fund¢d Subaward and Grant Agreement, (ip th¢ subcontractor is bountl by all applicable state and Fatleral laws and regulations, and (iil) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's partormance of work under this Agr¢ement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and pertorming any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Vniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 44 C.F.R. Part 20B o The Robert T. Stafford Disaster Relief antl Emergency Assistance Act, Public Law 93- 288, as amendetl, 42 U.S.C. 8t 22 et seq., and Relat¢tl Authorities o FEMA Public Asaistanc¢ Program antl Policy Guide v 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Aeeass to Records: The contractor agrees [o provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the Vnit¢d States, or any of their authorized repras¢ntativa's access to any books, documents, papas, and records of the Contractor which era directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) Tha Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) Tha contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to [he work being completed under the contract. (4) In compliance with section � 225 of the Disaster Recovery Act of 20'I B, the County and the Contractor acknowledge and agree that no language In this contract Is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative 3oeloeConomic Steps: if subcontracts are to b¢ let, the prima contractor Ia required to Saka all necessary steps identified in 2 C.F.R. § 200.322(b)(t)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firma are used when possible. Changes: To ba allowable under a FEMA grant or cooperative agreement awartl, the cost of any contract change, modification, amendment, adtlendum, change ortlar, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: Tha contractor shall not use the DHS seal(s), logos, crests, or raprod uctions of flags or likenesses of DH5 agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: Aa appropriate and to the eMant consistent with law, the non - Federal entity should, to the greatest extent practicable untler a Federal award, provitle a preference for the purohase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in [ha United States" means, for Iron and steel products, that all manufacturing processes, from the Initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-basatl products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Su bjack to Copyright and Data Rights: Tha Contractor grants to the County, apaid-u p. royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the pertormance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and pertorm publicly and display publicly such data. For data requfretl by the contract but not first produc¢tl in the performance of this contract, the Contractor will Identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the partormanca of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § '102, for example, any written reports or literary works, software and/or source coda, music, choreography, pictures or Images, graphics, sculptures, videos, motion pictures or other audiovisual works, sou ntl and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the pertormance of this contract and tlata required by the contract but no[ first produced In the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: Th¢ Fetlaral Government is not a party to this contract and is not subject to any obligations or liabili[las to the non -Federal entity, contractor, or any other party pertaining [o any matter resulting from the contract. EXHIBIT 1 - 2 O O EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covarad TalacommunieaHons Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the m¢anin9 as daflnatl in FEMA Policy, ft405-143-t Prohibitions on Expentling FEMA Award Funds forcovarad Tel¢communieations Equipment or Services As used In this clause — (b) Prohi bilious. (�) Section t3Hg(b) of the John S. MCCaIn National Defense Authorization Aet for Fiscal Vear20'19, Pub. L. No. t'15-232, and 2 C.F.R. § 200.2'IB prohibit the haatl of an executive agency on or after Aug.t3, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor antl its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funtls from the Fadaral Emergency Management Agency to: (i) Procure or obtain any aqulpmant, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (II) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as cri[Ical technology of any system; - (iii) Enter into, extentl, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (Iv) Provide, as part of its pertormanca of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology es part of any system. (c) Exceptions ('I) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications aqulpmant that cannot route or redirect user data traffic or permit visibility into any user data or packets that such aqulpmant transmits or othervuise handles. (2) By necessary implication antl regulation, the prohibitions also tlo not apply to: (i). Covered telecommunications equipment or services that: i. Are not us¢tl as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications aqulpmant or services that era not considered covered telecommunications equipment or services. (d)Reportin9 requirement. (t) In the even[ the contractor identifies covered telecommunications eq uipmant or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract pertormanca, or the contractor is notified of such by s subcontractor at any tier or by any other source, the contractor shall report the Information in paragraph (d)(2) of this clause to the recipient or subraeipient, unless elsewhere in this contract era established procetlures for reporting the Information. (2) Tha Contractor shall report the following information pursuant to paragraph (d)('1) of this clause: (i) Within one business day from the data of such identification or notiflcation: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); su ppller Commercial and Government Entity (CAGE) code (if known); brand; modal number (original aqulpmant manufacturer E%HIBIT I - 3 �o EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 1 O business days of submitting the information in paragraph (d)(2)(I) of this clause: Any further available Information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevenk future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Ralatad Acts: Tha Contractor acknowledges that 3t U.S.C. Chap. 33 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Invantlons Made Under a Contract or Agr¢am¢nt: Exempt from FEMA Public Assistance Funding Susp¢nslon and Debarment: (t) This contract is a covered transaction for purposes of 2 C.F.R. pt. '180 and 2 C.F.R. pf. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § t60.995), or its affiliates (defined of 2 C.F.R. § t80.905) are excluded (deflnetl at 2 C.F.R. § tB0.940) or disqualified (defined at 2 C.F.R. § t80.935). (2) The contractor must comply with 2 C.F.R. pt, t 80, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these r¢gulations In any lower tier covered transaction it enters into. (3) This certification Is a material representation of fact relied upon by the County. If it is later defarmined that [ha contractor did not comply with 2 C.F.R. pt. 'I80, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) Tha bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. '180, subpart C and 2 C.F.R. pt. 3000, subpart C while [his offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in Its lower tier covered transactions. P rocuramant of Recovered Materials (§200.323) (Over $t0,000): In the pertormance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- desi9nated items unless the product cannot ba acquired— Competitively within a timaframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the Ile[ of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable req uiremants of Section 6002 of the Solid Waste Disposal ACL Termination Tor Cause and Convanlence (over $'10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Antl-Lobbying Amendment (31 U.S.C. § tS52 (as amended) (over $t 00,000): Contractors who apply or bid for an award of $'100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Fadaral appropriated funds to pay any person or organization for Influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Cong rase, or an employee of a member of Congress in connection with obtaining any Fetleral contract, grant, or any other award covered by 3'I U.S.C. § 'i 352. Each tier shall also tlisclose any lobbying with non -Federal funds that takes place In connection with obtaining any Federal award. Such disclosures are forwarded from liar to tier up to the recipient." E%HIBIT I - 4 O O EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSV RANGES Contractors must sign and submit a certification to the County with each bid or offer exceeding $'100,000. See Certifications and Assurances and the and of this document. Contract Work Hours and Safety Standards Act (40 V.S.C. 3701 -3T08) (over $'100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 [hat involve [he employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (t) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workw¢eK in which ha or she is employed on such work [o work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than ono and ono -half times the basic rate of pay for all hours worketl in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall ba computed with respect to each individual laborer or mechanic, Including watchmen and guards, amploy¢d in violation of the clause set forth in paragraph ('I) of this section, in the sum of $27 for each calendar day on which such individual was requiretl or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. Tha County or FEMA shall upon its own action or upon written request of an authorized r¢presentaHve of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work pertormed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which Is held by the same prima contractor, such sums as may b¢ determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (�) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prima contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs ('I) through (4) of this section." For contracts that are only subject to Contract WorK Hours and Safety Standards Act and are not su bjact to the other statu[as in 29 C.F.R. § 5.t "Further Compliance with the Contract Work Hours and Safety Standards Act. (�) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of [ha work and shall pr¢sarve them for a period of three years from [ha completion of the contract for all laborers and mechanics, Including guards and watchmen, working on the contract. Such records shall contain the Hama and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages pall. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized r¢presentaHvas of the Department of Homeland Security, the Fadaral Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to Interview employees during working hours on the job. v O EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $t50,000): 1. Tha contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 a[ seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emarganey Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. Tha contractor agreas to include these requirements in each subcontract exceeding $150,000 financed in whole or In part with Federal assistance provided by FEMA. Federal Water Pollution Control Aet (over $'150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 at seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. Tha contractor agreas to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided In this contract, all claims, counter -claims, disputes and other matters in question betw¢an the local government and the contractor, arising out of or relating to [his contract, or [he breach of it, will ba decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§BD-t .4): Except as otherwise provided under 41 C.F.R. Part 60, II Y t th t [ th d £ 't' f "f d 11 t d t f t [" In 41 C.F.R. § 60-1.3 must Include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any ampooyae or applicant for employment because of race, color, religion, sax, sexual orientation, gander identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that amployaas are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not ba limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees [o post in conspicuous places, available to employees and applicants for employment, notices to ba provided setting forth the provisions of this nondiscrimination clause. (2) Tha contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) Tha contractor will not discharge or in any other manner discriminate against any amployea or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation Information of other amployaas or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) Tha contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor E%HIBIT 1 - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' reprasentativas of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places avallabla to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) Tha contractor will furnish all information and reports required by Executive Order t 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by [he administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended In whole or in part an the contractor may be declared Ineligible for further Government contracts or federally assisted construction contracts In accordance with procedures authorized in Executive Order t 1246 of September 24, t965, and such other sanctions may ba imposed and remedies Invoked as provided in Executive Order 11246 of September 24, t 965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (B) The contractor will Include the portion of [he sentence immediately preceding paragraph (t) and the provisions of paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order t t246 of September 24, t965, so that such provlaions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the admin istaring agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened wlih, litigation with a au bcontractor or vendor as a result of such direcilon by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - J �O P.r+:r r/r1.rlr �'r7 if r^,r+ :�r/st tvi;')'1,�,; .. EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Ragulatlona, And Executive Orders end Acknowledgement of Federal Funding CaHificatlon This is an adrnowladgemen[ that FEMA financial assistance will ba usetl to fund all o a portion of lha contract. Tha contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. IT the Contractor subcontrac[a any of the work required under this Agreement, a copy aT the signed aubcontrect must be available [e the County Tor review end approval. Tha Condactor agrees to inclutle in the subcontract that (t) the subcontractor Is bound by lha terms of this Agreement, (ii) [he subcontractor is bound by all applicable state and federal laws and regulations, antl (iii) the subcontractor shall holtl the County and the Grantor Agency harmless against all claims of whatever nature arising out of the svbcontracto/a partormance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractors progress in pertormtng Its work under this agreement. On behalf of my firm. I acknowledge, the grant requirements idendfletl in this tlocumant. Vendor/Contractor Neme Earth Tach Environmental LLC Data B/30/2023 Authorized Spiidtation 23-8135 Exotic and Nulsanc¢ V¢g¢taHon Removal July 12, 2g23 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY antl VOLUNTARY EXCLUSION Contractor Coverall Transactions (p The prospective subcontrector of the Sub-recipienq Collier County, cartiTles, by submission of this document, that neither it nor Its principals Is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation In this trensadion by any Federal department or agency. (2) Where the Sub -recipient's subwntrac[or is unable [o ceniry to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Earth Tech Environmental. LLC By: $IgnatV ra Donn Brown. Presitlent Name and Tllle 1 OBOO Jolea Ava street Address Bonita Sorines. FL 34t36 ' City, State, Zip FEIN No. 20-4884676 UEI Unique Entity Identifier (for SAM.gov verification) (ETE is In process of obtaining UEI) 6/3� Sub -Recipient Name: Collier County Board oT County Commissioners OEM Contract TBD Number: FEMA TBD Project Number: EXHIBIT I - 9 SolicitaHnn 2}-6136 Exotic and Naisante Ve(;station He moval July 12, 2023 _ ., , � .. I,. I . I, a r�, r I , -. �. EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSVRANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT M aen4ee. unvenatla natmas mll uW ne Me GPnn[ w Nun petivEe v rewaaJ na[emvnt oe powe¢ xomae Enmmematlm mn w�Ma[e A. PRIME VENDOR/CONTRACTOR INFORMATION EARTH TECH ENVIRONMENTAL LLC '20-4$94B7B F1 TB� voe�e�i.P.vpuio ea �� � � earnvinwm cons o.x . p n InupnnPw..saa.m.d,.eub..nemx. O ear ronx5 B. IF PRIME HAS SUBCONTRACFOR OR SUPPLIER WHO IS gOISgOVANrAGED MINORIT$ WOMEN -OWNED, BMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEM SECTON N/A II E. SECTION TO 8E COMPLETED BY PRIME VENDOR/CONTRACTOR 1 Donn Brown 1/4/2024 PRESIDENT tl.brown�etefloritla.com (239) 304 �0030 N/A nm rnumrdmanpnla dna.pnnx.w aapen.naepauue oven mtaanalp-rpnewaannaao. Tr,. mlepnw o.. n. volun[ary aM wlll no[Cacamv pan d[necmvac�ual aerrn��Tafo.m mm[be subntNOve tim. a/a.apenu toa tolclotlnn. tlanEwMnarvartletlaCmnry mndnq deprlma will be aakaJ tou�ne Neinfannnlm (n tna gent aampfivrca filer II D. SECTION?O BE COMPLETED BY COLLIER COUNTY 1 5011ctta Hnry 23-R135 Exotic and NWsana:e V¢BBtaLion Rmm�val JUIy 12, 2023 an O E ,I i ._ ; n J. IY r; ivY -� Il is 1i1.' 7 i� f yl i •: EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASBURANCES LOBBVINO CERTIFICATION O Tha untlerBlgned [ConVeUaQ certifies, to the beat of his or her knowledge, thaF. 1. No Federal appropdatad funtla have bean paitl or will ba paltl, by or on behalf Ot the untlarsignaQ to any parson for influencing w attempting to Influence an aNicer or employee df an agency, a Member of Congress, an officer mployea of Congress, or en employee of a Member o(Congresa in wnnedlon with the awertling o(eny Federal contract, the making of any Fetleral 9ranL the making of any Fetlerel lean, the entering Into of any ceopareliva agreement, antl Iha eMension, wntinua80n. Ienawa, amendment, or modification of any Federal conVaG, grant, loan, or cooperetlVe agreement. 2. If any funds other than Fetleral appropdatetl funtls have been paitl or will ba paitl to any person for influencing r attempting to Influence an officer or employee U any agency, a Member o! Congress, en officer or employee of Congreae, o an employee of a Member of Cono9rress In con action wills this Fetleral contract, gran[, loan, or woperative agreement, the undersignetl shall c plate and submit 8tandartl Form- LLL, "Dladoaure Fortn b Report Lobbying; in eccortlance vdth Its instructions. 3. Tha untleraignetl shall require that Iha language of this certification be inGudatl In the award documents for ell subawards at all Hera (including subconlrads, aubgrents, antl contraUs untler grants, loans, antl cooperative agreements) end tM1at all subracipianta shall certify and tliadoae aceortlingiy. TMs certification is a matartal representation of IaU upon which reliance was placed when this VaneaUion was metle or entered Into. Submission of [his certl8catipn is a prerequisite for making w anterin9 Into Ihis VansaUlon Impoaetl by 31. U.S.C. § 1352 (as amentletl by the Lobbying Diadoaure Ac[ of 1885). Arty Parson who fails to file the required certification 6hall ba au61eU to a civil penalty of no[ loss than $t0,000 antl not more than $100.000 for each Bucb failure. The Contractor certifies o affirms the truthfulness antl a acy of each Bta[ament of its cerflflce8on and diBGosure, if any. in addition, rna Conbactor undaratanda and agree& that the proviBlon6 of 31 U.S.C. § 3801 el seq.. app1Y tp Ihis certification and GBGosura, if any. Earth Tech Environmental. LLC Contractor (Firm Ire of Contractofa Au[hodzetl OMdal Donn Brown Presitlem Nema antl Title of ContradoYa Authorized Offldal B/3g/23 Date 5dtuttaHon 23-833B Exotic and Nuisance VegetaHnn Removal � Ju1V 32, 2023 MULTI -CONTRACTOR AWARD AGREEMENT # 23-8135 for Exotic and Nuisance Vegetation Removal THIS AGREEMENT, made and entered into on this day of 2024., by and between Environmental Restoration Consultants, Inc. , authorized to do business in the State of Florida, whose business address is 24571 Redfish St., Bonita Springs, FL 34134 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM, The Agreement shall be for a three (3 ) year period, commencing ❑■ upon the date of Board approval; or,-[)-v ---- , and terminating 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 A 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 ❑ le+k e I? cac ed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of [] Re"e-st-f^,,- ❑ Other: Invitation for Qualification ( II+Q ) # 23-8135 , 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. 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 Page 1 of 36 Multi -Contractor Award Agreement [2023_uer.2] compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized, 31 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of itemslservices that will be ordered or required by this Agreement. 3.3 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. [] Tie--pfeerdW a f.,.ning-Work-undeF this AgFeemeHt is outlined ire ❑ Other &-l4bVAttachmer 34 ❑reselrves ieash lest _fr.r_1l.iir_.4nFi Bryn: the rvr.rirtid 4. THE AGREEMENT SUM, ❑r The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ Dorftrotar's-grated-prieesysali-he-based erg-€arMii�-Fee-Scedul. 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". MM' _ - 3:07 AT 4.1 Price Methodology (as selected below): ❑I• Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ Time tand-Uate ialsrTrt {a"g-rees to pay-the-a9 #aGW-tO-the arnGURt-Of-ia _J'� Ce'7 nn and n�ihn_r/tyr_Afa(Ae�.T h�TT{�h1. F times Y'f�S1.l _Yl1/nmat. d for'4:UifCf�equip e, .,I+ y used in pFoje Page 2 of 36 Multi -Contractor Award Agreement��� [2023yver.2] 1��1hielh i�.ic .. nr.c r.i.We to[-�o.-iu Faiel5e_--#; r..-,e the ze of the prejee", r 1�.hen. it 1111 7 17pfl�TTSrfRT�Sy32 the r./ I V, V V 7 that-t-" . eet-Fe i �.] 1�pL� r }�etc+re- �e� theteQT7YrT[."tat '�'O'i��1 '�4C7 h4�T�lj ITfTvV�444 e-numb of payroll rrece I \ rvinlr.rIa! or equipment i F I a.-��1 �8 m` FEAT 19UPnni-ti �n 1 t �pf--Gjest-. ❑ # � 1f 'I'�'►�i7['11 � i -Ce pay firly, .+metal- +iced -pulse- i'r-tsl i'►�e-of-atl- eslta; includiRg- (l.e. in. MAN llatien pFiee ef-4 r er_„n`1�7Cz���vCittVr��'"�e I e.3 ip1p�' e u ry le and �I-�.y e,r—nits ree-eiyed /..n nnnfrhnthr_ TT�y ►�1 TC�G¢GT�Gi�fTL� V V 1 111 i14 t.1/ I 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4A 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 ❑ :rayall and Reimkosable-E--wermes:� �dw--Rp--im.bL4rsable-€x-pefwres .. , h"•A reirnbuf,•ed as p'1•I�i,eF Seetion `061 Fla-S.t+ats er • - • ee r 2n. On w. - : - 4 - -o. - ' - Page 3 of 36 Mulli-Contractar Award Agreement I p0 [2023_ver,2] Re4�f&ala1e-ft r l QtY1L ;1 -R t pal G1`�rvpense s���— ;i^�f1LCC' Cp' LT�1� 1eri-d t ,6e eharges, -#a hi�Y+-+g--ehw-qes<-gel--po e ifi+rr`r, Seidl Lt .•ed all receipts. f_, ntffla r__6 G-'-�$i�--�e��r'Ov�4c�r-�arrr�GTpr�vvr�[1'Rvt9%a��2} 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. 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: Environmental Restoration Consultants, Inc. Address: 24571 Redfish St, Bonita Springs, FL 34134 Authorized Agent: Jeffrey A. Adair, President Attention Name & Title: Telephone: 239 287-2706 F-Mail(s): ERC!nc@comcast.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: _Road Maintenance Division Division Name: Marshal Miller Address: 4800 Davis Blvd Naples, Florida 34104 Administrative AgentfPM: Melissa Pearson, Contract Administration Specialist Telephone: 239 252-5591 E-Mail(s): Melissa.Pearson colliercount fl. ov 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. Page 4 of 36 Multi -Contractor Award Agreement cis [2023,ver.2] 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 adapted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 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. Page 5 of 36 Multi -Contractor Award Agreement,E{�� [2023_ver.2] `-_ B. Q 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. ❑■ 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. D- ❑ Rr-G#essional-Wabili : 4arlf-bye-maim raedyhy-tie-Go t aste��te-eesu #-legal e—p`Fformance.`of pfefeesrieHal sew.rires .UndeF the 1y AgFee GOntFaOtOr waives its- ri 6e--4ZJ all have. lirnits a r.n41-158 thaA $ R7 i11T and aggfega ❑ gbe-r Liabilit f : CBveLr--age-&kafl have-m4oimur-R-hmit F. X Pollution Liability : Coverage shall have minimum limits of $1,000,000 per claim/occurrence. ❑ Cover shall have �vvc.Tcrc�4 shall r W� r. r �.. � ;. rr+i r.ir.•+.r 44 ion of 1t -eF nlaiffliOGGUFFanre TLTfI ❑ -a4-have rirni ecial Re uirements: 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 inciuded 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. Page 6 of 36 Multi -Contractor Award Agreementpo 12023_ver,2j 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 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, i�FFI} ❑ bit Fee S `vrl'reel+�ie ❑ RFP4 ❑ 4-T9/❑■ Other Invitation for Qualification IFQ #23-8135 including Exhibits, Attachments and Addenda/Addendum, 0 subsequent quotes and corresponding contract documents, 0 Exhibit C-1 Public Payment Bond, Exhibit C-2 Public Performance Bond, ❑ €*h+bitD-----Release-and — , ❑■ €L"bit E Fef% o rac4--Aia0e-4 erg; ❑ 9*14i ,it F nge-QFder, ❑ &*144i! G Gertific - [] r -u—Certmificate of Fi rru.I r Gemplefi„ —, ❑ Exhibit f - fit ; and Other &MbitlAttash�er -Peder--at-Got+tr-ac,t-f-rovfsiees-aa 17. APPLICABILITY, Sections corresponding to any checked box (0) expressly apply to the terms of this Agreement. Page 7 of 36 Multi -Contractor Award Agreement Fcfl� [2023_ver.21 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, 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 Statute, §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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112,574E Telephone: (239) 252-8999 Email: Pub IicRecord Re uest colIiercount fl. ov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be Page a of 36 Multi -Contactor Award AgreementMa [2023_ver.2j inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 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. ❑■ BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit 11 C-21/. C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. ■ r" a ' -INUM-- - �' - Page 9 of 36 p,0 Multi -Contractor Award Agreement [2023_ver.2] Rye -ie-tie- rraese eae� by -fie r-e 1 9ii1'I EfiB�F lcr P il.,te, r F.e.11 at the sele--"of Goptf- BtEF her, ►nr hH r_. substa r+ �`,.r- eeified� `-f3,.,� 5 p 1 ��9���E�t?f�--Iih�F�i�tF�1= ,�, �,.,��_}...,=, -� q •�,.-k# �C1tJYLiCF�pest feF e- e_TU"Y� T. e •-ram substantial v �'en of the VVt7 t+r� ,..,{� in nnnardennr+ .:th tl- - f��. rtirn,.,} .-. r.tn r, fl..�rry r nnn r.r+�+� � �t ..+:I: -ter. f4i ry eomplete, G,+'�Y , ei�fi y " e+--e 1^f 4'G61 py or-o4lize �Y V o"r r1 ��pef ie n s t 4er1"rC�'�"�i�ten` The e 1 n re* .. ka. l each 1fiinai nnwon and be Feadr: .fnf-fiffakaw."tanee by ()w,,r- uAth:R +he 4err a specified ""f" rrrrn�.� ry tr in the-Fagt4BF-Q-N19f9pe of W9CK Owner and a- Y iC3QTnf1vr"he Fe" vii nr.r uf e4na rsFiu��eas if the k _4)rL_is n�ta , llt �n� eernp � e'speeIfied44m"e l;--owner hall- Ise-e ledfie-assess-as the seat-spesifie -hq the Req- s# e QkIA i9 C W-r tinrnfk f,.r e_aeh-eat bst.-t +a�- 6#�R 1611--i6 iaewavlRd- M-1 .."MUFTEM.M. -a mv. FS., ROME,- .c- - - - - -� c^ a Mir: M will" NZ *Irmt- CM. milm w i - - 24, ❑ RArYMENTS=Generall #'qe-Ger sew e-pai pe ra*efiGn­,hvwever�rePAlerk xeess�vi�n� .,,T"e�tay-Keaa�e�we- Iagre�et + +n the first_n•syng nt f4'e.n4 de f- wne h a frillaieY�a d ��sery R, �..�, ,�r�ste Y.T,�r wlt�r-a--,�,,-�� } f leleese—an se -and -Affidavit in_the _#rtrm ntta hed hereto as C..hihit "ID" nc-�-I;' n p-i�e�nt reiea a of eaeh�� �p rv. ry ihatl-`ar�nr�iririi�meR,l. ,.,�j,,'I Puri },., Qr- -pr� r� fiFF C IY�ITC1� d-iF6ubsta afly- 4e fr Fn n+tnnhad-h'efete-as 25. PA—M€AI-TS---Wt-T 44FI -13- per mal; der.11%4G approve any WiGatJOR fGF m , 4 pe ier eaf besa+ ,sJ �,erg-iReemplete�,,.ern�,, outsl e. and--evi subsequent-i &peo i91�.."`-'TTI GAY mar rrx&t_nul "e W�v��l�iele�-9F Ry-park of amt-a Rt e6lsl,y-W+t# paymet4e a.ir,a .-i�.a + � nr i thi r - — r near F1n r /1� an C �I,. e�,t}��� and f'e lntrnn _ te__eweh *tent a ma, e R the f�iaarnersr CT04e�.-.r fSr�tv7 j �C�crC1'i�+�L�]i'lr�rTu�vc--R'ci�r�"'i'�1�1"I�✓'vvTT To *Rion to p tecl -ft-fter � thilf c4a-ims- failed or rTTeaseniaMe ayidenee_ inrlisa". nrr+r•_aat`ic�`.�fbl T Page 10 of 36 Multi -Contractor Award Agreement pC� [2023_ver.21 y C. C' `+ - ZI NO ..MCI + r 4 4+ E of NUM ININ, MEMO +-a"ErubsentracteF �r s rrelated /� related- ,J , I L1e�i t }r.-ve1��r ni-.n r�mrr�,r fk- t� � RR4Rl ce6—A-rellateGi' e-defi'}t5.Gp s any Parent or Subsi�tFy ef_the _Geai aHy a ��w ir`e6s, nr. +ir"nmX1^a1l �� �� ii � , i -7 _ _ F' � l Merest dirt.ri+iy OF iAdiFe60yS - 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of productsh-materials from specifications shall be approved in writing by Owner in advance. 27. 0 CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Pagel 1 of 36 Multi -Contractor Award Agreement [2023 vei ��� Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. ❑ GHA.NGE--S-tN T-KE WORK.-4Dcaner&ha"ave Rio#-ate-ny-tinie-dur- tng44"fogress eef-the-ANaNk-to- ' wease or -decrease the—" ied of a change-, 4--an iternize estim- to of___ -a , n. nl nr time inr Fea,6�� f7es+-- t-LII77V 771�+ foresees as a uli �,ef{{th y�,., } -.y �i`.7�"1_ 8}I nr nt. r.vr.r.- GSlrr n.54 fy71rt �R' CICIr, nr .-.h.,,rina.�Tte teWal"e-r im cr�, and rvvi'r'�shall 1:7 h ��., ($� 'CCr-' � � J i�ne, �9 yr It-wfiTttGr �.r-Wtl-�IY 6eF,'" e er nrtr�nf_.-.f �1' igs, A., ,., �+nt�r�ttr�.o_-Qlco nrt+ f'1�tLia�r.r.r. nr.rl !"fly be Procurement T1.9 -w-elilreffect TTec} at the tiye'7L'A -vmarn�t To�GTTLT�mrai�GG-�LiTTCf I-- LIZ. - C _ " " 29. Q 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. 30. 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. 31. ■❑ 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. 32, ■❑ 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, Page 12 of 36 Multi -Contractor Award Agreement [2023_ver, 2] 010 Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. ❑ CAII�I#€IMI W rtiereesig��ate-+��,it+ng Qws for its d u6e, GontrarWFFOP �W wftt'kF� ¢tt trtPi-�Rtif ��1e4e a-nd�-yFegU ,�,.,T'a14DW 1T. rh�Y.. IG1T..�.J'47r+ G4rtlfie ata_a+l-�'li� i a4m-time tttt"�e�tt�r-1�T1ed detcFm�� tut+F6 ^f etf9 ..4eer r.r.t ran n'4. 1 rr a 6 e n 6 therefr.r- If f-1,......F Sidders the 1R1. Fk (OF 4ea F4ated nn a at+i{ Il*� plete il.a ner_e�_hall �� y,� s-oTa�. rtu•_`:'`_^. ,h`' �.l "^"" �.c�v'vrrlvr vlrcwir pfepai'e`ii� C1-'Lt7Gentr nier •s.C'_eftifisateO-ef SuiAstantial"'Q'$n*etioni Exhibit r wMeh t-1„e dot Ir Iyn_ei+noted- Rcr§ -�-ri* ems to be ti--plata-orcorrect TR4ef9re final payment. h.� ner—G4 --rro a till. 9x-- ude Gen raeteF4Fe�O—W designat-d pei4tans th`•re.-.f1_ #eF tke date of C'I l stand Mp-lati GvFRer shall all i G0RtFae!eP+8 %6,F4ab Lr aCCer•e•_tO-GG...P. �, meet h_�ry + angs h Patti . Up9n Feeeint i_\f 1AfC�e�.'\ - •T`13a k.y V �. �tT GIVtiVthat the QV�I� Yrj[lri ITGL-:r LI fl Wpm-�v en'_--and-is,-ctcay--Iv Page 13 of 36 Multi -Contractor Award Agreement [2023_ver 2] 0P ri"MIMMM FINN +, 0 �.� -� r aim - �' C^ + _ _� ■ r 0.11 PM. 2r.M."A V1rr BYTVIYes 44S..7-T7 insmake an FGTTatio f -a to the acceptabi 4­ of the and until the Qwner-4s co—, 71_G.7 1'.r fliaig�kpray`"' e k note 1.m1.:L1Uizlm- - - C i MN 19, 'D • - - C. +WAW1� w , . h - api - M-M I# 191this on�_1.1� rk 1 R7;C�'Ce""Q' � eG�7sr—R 1 1 eo 1 of wg++nr. r,�}jnr. # ,_ r�_,- 6ritTra ..b.r.11 ..I- .` l s� v--eF+ep such i'e#aeei -6r r� te9 --1P--antles 36. 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. 37. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. Page 14 of 36 Multi-Cantraclor Award Agreement [2023—ver.2] 38. 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. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 40. ❑ 14E�-Y-R 4N €L. Thy l4r.nirnn4nr�� n ��$i�ir�d4oanagement o be i iWiz fOF this w"e-t44l4ed4Fktie­peffeirn,ano - sh peoplecor*ete`the-ser lee an ail ely basis, ra sib shall be available r apn-_ aur444-4mmeet the requiee d- n.- Niee�. rlr�� � r, ,� �* 11l] i rxl�v�u uw T'-�'TVt�Vhang�r-6@nneI �.�nlacc,4-h� "o"fie -fre'Trfe�T Rropeeed rer, aGefnents have. sub-i- - ette a+ s �fni�'^7ar7-1' TauYQ1 `Y'Tce as AO".- -even M- la rge, The -appK all of prepose4-Felalaseme+4 personnel-7 W 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. 41. ❑ ORDER -4F -RREC BCE-.,NGE,--I e-even--ar�oonflli}s; tom,, eWveen-or--aPn eag--t-he-teffas ��fn ,-1 / ,y.�}}�., ., t/h'•�e G avA 1) aCime ,-, e ter'�'7�I�it'C�tl�i�li.".',,.� ,7.,t}7 i'1 ,t,{n�r�l,�l.,C�.,1�y� {C3,�ndlet4he-G y'& ea -red Fixe s �ti,.4- C'i �r.�mrni'Tar41ry,t4"Iti�GvP?'�'�aet'"'�J'�d�7c�l�'eir�t�J TI taiepr-eeedence,. ❑■ ORDER OF PRECEDENCE Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take Page 15 of 36 Multi -Contractor Award Agreement _ [2023_ver.2] precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. 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. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs, If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time 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 (ILL-FMOPScol[iercountyfl.gov) 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. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 44. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for Page 16 of 36 Multi -Contractor Award Agreement nP [2023 ver.2] 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. [Signature page to follow] Page 17 of 36 Multi -Contractor Award Agreement [2023_ver.2] - IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K, Kinzel, Clerk of the Circuit Court and Comptroller Dated. (SEAL) Contractor's Witnesses: Contractor's First Witness Jr TTypelprint witness namefi n tar's Seca d Witness r T pelprint witness nameT Approve a , - ,,-nd Legallty: a tAttorney r 7,r ri t None BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN Chris Hall , Chairman Environmental Restoration Consultants Inc. Contractor By:a& Ve — � �l . TTypelpri t signature and title` Page 18 of 36 Multi-ConlractorAwarckAgreernent Exhibit A Scope of Services 0 fallowing this page (pages 1 through 5 El this exhibit is not applicable Page 19 of 36 Multi -Contractor Award Agreement [2023—ver,2] Invitation for Qualifications (IFQ) 423-8135 "Exotic and Nuisance Vegetation Removal" Exhibit A Scope of Services 1 irrAILED SCOPE OF WORK Contractors awarded under this Agreement shall provide exotic, nuisance, and other vegetation control services for departments Countywide, on an "as -needed basis." Management of non-native invasive plants, nuisance, and other vegetation includes mechanical, cl}cmical, and physical methods or a combination of there. The work areas may be in the right-of-way, easements, county -owned or operated facilities, residential neighborhoods, preserves, County owned parks or remote and isolated locations. Contractors performing the work shall follow invasive plant laws as described in the link, hitps://www,fdacs.goy/Forest- ildfire/Our-Forests/f ore t-I-Iealth/Invasive-Non-Native-Plants/lnvasi e-Nan-n .tive- Plant—haws, and the Florida Invasive Species Council [FISC], current list of Florida Exotic Pest Plant Council [FLEPPCI, Category I and II invasive plant species link, litips:/)floridaiiivasivesgecies.org/plaiitlist2Ol9.cfm when applicable, 1. Set -vice Reguests Contractors shall have the ability, workforce, and equipment to perform the work. Requests may consist of but are not all- inclusive of the following: Ll . Professional assistance services to provide the most effective methodology to remove and maintain vegetation. 1.2. Removal and/or maintenance of wetlands or cypress preserve vegetation. 1.3. Removal and/or maintenance of storm drains conveyance vegetation (canals, ditches, lakes, etc,). 1.4. Removal and/or maintenance of drainage easement vegetation. 1.5. Removal and/or maintenance of vegetation in County owned or managed properties (preserves, parks, and facilities 1.6. Clear trails in conjunction with exotic plant removal projects. 1.7. Chemical treatments of aquatic emergent, floating, or suhmersed exotic vegetation. 1.8. Ditch bank/shoreline vegetation extending rhizomes into the water body. 1.9. Professional mangrove trimming, 2. Distribution of Work County Project Manager will request a lump sum quote for each project under the following criteria: 2.1. lfro'ects with a value Lip to 200 OOQ: 2.1.1, A Surninary of Work and Request for Quotation will be sent to all Contractors. Completion time may be specified in the Request for Quotation. 2.1.2. The Division's Project Manager will set the required response time for each project, but tite Contractors will be given a minimum Of seven (7) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 11.1 The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if Outside the budget. Page 1 of 5 Exhibit A — Scope of Services Invitation for Qualifications (IFQ) #23-5135 "Exotic and Nuisance Vegetation Removal" 2.2. Projects with a value over-1200,000_up to 5$ 00 000, 2.2.1. A Summary of Work and Request for Quotation will be sent to all the Contractors. Completion time may be specified in (lie Request for Quotation. 2.2.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of fourteen (14) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.2.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 2.2A. Projects over $200,000 shall have a payment and performance bond and shall be provided prior to issuance of a Purchase Order. The payment and performance bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County. Completion time may be specified in the Request for Quotation. The County reserves the right to waive any or all these requirements and to separately solicit any job if in the best intere! of the County. Projects exceeding the S500,000 threshold will be formally solicited. 3. Worli Commencement The project shall commence upon issuance of a Purchase Order, The Contractor agrees that any Purchase Order that extends beyond the expiration date of the contract will survive and remain subject to the terms and conditions of the contract until the completion or termination of work. 4, Work Hours Monday through Friday from 7:00 a.m. to 5:00 p.m. Contractor may request approval from County staff to work outside the stated hours and workdays. There is no additional compensation for working on wer~kends, holidays, or beyond the stated hours. S. Work Schedules The County Project Manager may request work schedules prior to the commmiceinent of services and updates if there are changes in the workdays. G. Project Specifications, County staff will develop a scope of work and specifications to meet the project needs. Listed below are examples of project specifications that may be incorporated in a County Project Manager's or staff s quote requests. The examples provided are not an all-inclusive list of what may be requested. G.I. Document pre -project and post -project site conditions and adjacent properties with photographic, video, or oth, pleads. 6.2.. Global Positioning Sensor (GPS) tracks identifying work completed in the project areas. County staff may request the Contractor to submit OPS File tracks. 6.3. Pursuant to South Florida Water Management District Melaleuca guidelines, felled trees may be neatly stacked with the approval of the County Project Manager (approval will be determined in advance). Page 2 of 5 Exhibit A — Scope of Services 11 c• Invitation for Qualifications QFQ) 423-8135 "Exotic and Nuisance Vegetation Removal" 6.4, Ruts made in the soil must be removed by the vendor. 6.5. The removal of debris, trash, vegetation, hauling away, and disposal at a legal disposal site shall be included in the lump sum price, No debris orvogetation disposal in waterways, 6.6. Installation of turbidity barriers, 6.7. The Contractor may be requested to coordinate work with other Contractors. 6.8. Perform exotic vegetation treatment operations within the right-of-way and/or easements. Any equipment left in tho right- of -way overnight shall be parked outside of the clear Lone and as close as possible to the right-of- way line. No equipment shall be parked in the median regardless of the width of the median. 6.9. Chemical treatment applications shall be conducted to protect non -target organisms, crops, the environment, and tl public. 6.9.1. Locate and treat 100% of the Florida Exotic Pest Plant Council (FLEPPC) invasive plants listed within the designated work area acres, with a minimum of 95% of target plants being killed. FLEPPC link below: htt s://vAvw,flr les.or atewa /RuIeNo.as?titla�INTRODUCTiON%2QOR°/o20R,EI.EASE%/ 0` %2 OPLANT %2QP STS %20NOXIOUS%20WEIrDS %20ART[IROPODS°/a20AND°/n208IDLOGICALg/o2000NTRO L%20 AGENTS&iD=SB-57 0 7. 6.9,2, Application methods may include foliar spray, spot treatments, frill, and girdle, cut stump treatments, basal bark, poodle cutting, and broadcast (liquid and granular). 6.9.3. Seedlings of some species in mixed plant communities may be hand -pulled to minimize the impact of herbicide on non -target vegetation. 6,9.4. Herbicide applications shall be carried out consistent with Environmental Protection Agency (EPA.) and comply with all pertinent regulations set forth by the Florida Department of Agriculture and Consumer Services (FDACS). 6.9.5. Wind speeds at or exceeding ten (10) miles per hour (mph). The wind speed regulation may apply due to label restrictions or Florida's SE-2.033 Organo-Auxin Herbicides: Restrictions and Prohibitions rule, link helow: htt s://www.flr les,or atewa /RuIeNo,4s id=5E-2.033, 6.9.6. Monitor dissolved oxygen (DO) when required by label and follow all label instructions related to DO. Do not apply herbicides if DO is below three parks per million (3 PPM) or authorized by the herbicide label. 6.93, The Contractor is liable for any penalty, fines, or damages resulting from the misuse of herbicides, 6.9.9. Retreatmcnts will be conducted by the Contractor duc to unsatisfactory work performance. Any nuisance or exotic vegetation still flourishing following post -treatment will require retreatments, at no cost to the County. 7. Pesticide Application .Records Maintain records relating to the application of pesticides and restricted -use pesticides, link: https.,/Iwww,flrules.or ateway/RuleNo,asp'?ID=5E-9.032. The Contractor shall provide the records at the request of the County. B. ILnuinme�t# Staging equipment and vehicles will need advanced approval by the County Project Manager. The work requests may require equipment that is in good working condition. Types of equipment for services needed but not limited to the following: 8.1.1, Small equipment: cliainsaws, machetes, string trimmers, and brush trimmers. 5.12. Heavy equipment: cranes, bucket trucks, ditch witch, excavator, mulching head, etc. 8.1,3. Watercraft /Airboat. 8.1.4. Backpack sprayers for applying herbicides. 8.1.5. Leavy -duty composite protection mats, such as Dura-Base mats, for accessing environmentally sensitive locations with minimal surface and soil disturbance. Page 3 of 5 Exhibit A -- Scope of Services O Invitation for Qualifications (IFQ) 423-8135 "Exotic and Nuisance Vegetation Removal" Contractor must ensure that all equipment (i.e., owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference prior to entering the project site to commence work. County staff reserves the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 9. Inspections Qnsite inspections may occur to monitor work progress and when the work is completed. Contractor shall a -mail the County Project Manager when the work is completed. The Contractor shall cure any deficient work as requested by the County and within (lie timeline provided. 10. Clean Un Each workday removal of vegetation debris, trash, and load, haul, and dispose of it at a legal disposal site in accordance with applicable local and state laws. 10.1. Stockpiling is not permitted in the right-of-way. 10.2. The Contractor may be required to return to the worksite to clean 41p, remove, and haul away for disposal. 1 1. 1)ama<„c-,. The Contractor shall exercise care and protect all native vegetation at the project site. The Contractor is responsible for restoring or replacing all damaged native vegetation to the satisfaction of the Cou3ity Project Manager, at no cost to the County where the Contractor's control operations occurred. 12. Overhead Utility Protection The Contractor shall protect all ttilkies from damage and shall immediately contact the appropriate utility if damage should occur. The Contractor shall be responsible for all claims for damage due to their operations. The Contractor shall arrange with the utility for the removal of necessary limbs and branches, which may conflict with, or create a personal injury hazard in, conducting the operations under this agreement. 13. Utilities The Contractor shall be responsible for exercising precautions while working near utilities; therefore, before digging, the Contractor must call Sunshine 811 at 811 or 800-432,4770, Monday — Friday from 7:00 a.m. — 5:00 p,rn. Sunshine 811 requires two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 14. Temporary Traffic Control TTC If applicable, TTC will be required to the work being requested in the quote, The Contractor is responsible for providing a plan to set 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. The. Contractor is responsible for maintaining `1 TC while performing services in the right- of -way and roadways. 14.1. The Contractor trust conform to the latest edition of the F DDT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 14,2, Subcontracting TTC is authorized. Page 4 of S Exhibit A — Scope of Services a Invitation for Qualifications (IFQ) 923-8135 "Exotic and Nuisance Vegetation Removal" 14.3. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's Certified TTC employee to meet County staff within twenty (20) minutes of the initial contact to address work zome safety issues. 14.4. TTC setup that does not comply will have operations ceased until TTC is corrected per the FDOT standards at MUTCD. 1-s. load Alert- Mandatory Re uirement 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: htt s://www.colliercoun fl, ov/ overiur►ent/trans ol,tation-marts einent- services/services construction -and -maintenance- public-infoi,mation/E-ond-alerts . m. 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. The following standards shall be maintained: 16.1. American National Standards Institute/International Safety Equipment Association (ANSIASEA) Class 2 or 3 Vests, T- shirts, or similarly labeled garments depending on the time ofday. 16.2. Appropriate work zone signagc, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles, where necessary, required by law or the BCC, 15.3. An applicable work zone. TTC plan based on I+DOT and/or MUTCD designs on site, 16.4. Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. Page 5of5 Exhibit A — Scope of Services Exhibit B Fee Schedule ❑ following this page (pages through FE-1 this exhibit is not applicable Page 20 of 36 Multi -Contractor Award Agreement [2023yver.2] O ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of _, 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of - _, 20_, the name of undersigned representative, pursuant to authority of its governing body. Page 21 of 36 Multi -Contractor Award Agreement [2023_ver,21 JC9 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL: By: Name: Its: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath, My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary Public -State of Florida) 10R, No i (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Page 22 of 36 Multi -Contractor Award Agreement [2023 ver.2] 09 Witnesses STATE OF _ COUNTY OF XM As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone dumber) The foregoing instrument was acknowledged before me by means of ❑ physical presence or 0 online notarization, this of 20 , by , as on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) of , a corporation, He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) 111.115.01-3 (Legibly Printed) Notary Public, State of Commission No,: Page 23 of 36 Multi -Contractor Award Agreement 0 [2023_ver.2] ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BONS] KNOW ALL MEN BY THESE PRESENTS: That as Principal, and executors, Bond No. Contract No. as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, personal representatives, successors and assigns, jointly and severally. our heirs, WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3_ Performs the guarantee of all work and materials furnished under the Contract far the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications, Page 24 of 36 Multi -Contractor Award Agreemer►t [2023—ver.2] COV This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond, In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of,. Witnesses as to Principal STATE OF COUNTY OF By: _ Name: Its: PRINCIPAL: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this —of _ _ 20, by , as on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL.) of _, a corporation. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 25 of 36 Multi -Contractor Award Agreement ' 9 [2023_ver.2j k� ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) — (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑ physical presence or 0 online notarization, this of 20 , by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 26 of 36 Multi -Contractor Award Agreement [2023_ver.2] O 0 this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ( ) Before me, the undersigned authority, personally appeared after being duly sworn, deposes and says: who (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20_ for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit, (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR M ITS: DATE, [Corporate Seal] The foregoing instrument was acknowledged before me by means of 0 physical presence or El online notarization, this _ of 20 by , as _of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) (Legibly Printed) Notary Public, State of Page 27 of 36 Multi -Contractor Award Agreement [2023_ver.2] l� O / (AFFIX OFFICIAL SEAL) Commissioner No.: 07 this exhibit is not applicable EXH1131T E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County ❑epartment) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No, through the Date: RE: ect Name) Original Contract Time: Revised Contract Time: Date $ (Contractor's Name) (Contractor's Address) Retainage @ 10% thru [Insert date] Retainage a@ _% after [insert date] Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued for Work accomplished (Prof Original Contract Amount: Total Change Orders to Revised Contract Amount $ Total value of Work Completed $ and stored to Date $ Less previous payment (s) _% AMOUNT DUE THIS % APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection Page 28 of 36 Multi -Contractor Award Agreement p' 1 [2023 ver.2] with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts Have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: Title) (DP's Name) (Signature) (Type Name & Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page 28 0136 (Signature) DATE: (Type Name and Title) Multi -Contractor Award Agreement [2023_ver.2] Al this exhibit is not appHcabje EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: Change #: = Purchase Order #: Project #: Contractor/Firm Name: Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/01 Total Change from Original Amount Revised ContractlWork Order Total $ 0.00 #DIV10! Change from Current 130C Approved Amounl Cumulative Changes I $ 0.0 #DIV101 Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date pate Completion Date Date tncludes this change) # of Days Added Select Tasks © Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact If this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract 1 work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully es if the same were staled in this acceptance. The adjustment, If any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor 1 Vendor 1 Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor 1 Vendor / Consultant 1 Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 30 of 3E Multi -Contractor Award Agreement [2023_ver r r- �` r 0 this exhibit is not applicable EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To �� 1�1 14 And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: Page 31 of 36 Multi -Contractor Award Agreement [2023_ver.2] 0 ; RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on . 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on _ 20 M CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title Page 32 of 36 Multi -Contractor Award Agreement [2023 . ] A r� 0 this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on. DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 33 of 36 Multi -Contractor Award Agreement (20 ,2] Executed by Design Professional on M 20 Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on OWNER By: Type Name and Title Page 34 of 36 an 20 Multi-Conlracior Award Agreement [2023 u8l� F■ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion; Name and Address of CONTRACTOR; CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY_ It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given_ This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest' Page 35 of 36 Mufti -Contractor Award Agreement [2023 0 Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances ❑M following this page (pages 1 through 11 ) ❑ this exhibit is not applicable Page 36 of 36 Multi -Contractor Award Agreement [2023 ver.2] b O0 EXHIBIT i FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract 1 Purchase order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (1) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iil) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shalt be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. a 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards a 44 C_F_R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U_S.C. 5121 et serf„ and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT { - 1 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed Lander the contract_ (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F_R. § 200,321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts, Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced In the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section, "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S,C, § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced In the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy. #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug,13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons, (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to, (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i), A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to; (i). Covered telecommunications equipment or services that; i, Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification of notification.' The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description, and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause; Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services, (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U,S.C, Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C,F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R, § 180,940) or disqualified (defined at 2 C.F.R. § 180.935), (2) The contractor must comply with 2 C,F,R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County, If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200,323) (Over $10,000): in the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa,gov/smm/comprehensive- procurement-guideline-cpg-program, The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Orderand/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 r EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000), Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek, (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this sect'Eon the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each Individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section, (3) Withholding for unpaid wages and liquidated damages, The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5,1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job_ EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000); 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq, 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60,1,4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C. F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprerticeship, The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 FXHIHIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1124E of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (6) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FE=MA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives, If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm. I acknowledge, the grant requirements identified in this document. VendorlGontractor Narne Environmental Restoration Consultants, Inc. Date 716/23 Jeff Adair FIi ,., „yy.I.TYSNI prvp•XKur.rlKF�u Authorized Signature 6J�W941441-M.- ;),, )a. a4,-,: EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIF71CATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation In this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Environmental Restoration Consultants, Inc, Jeff Adair e lR -•:x01]mnE 1a179i i19P Signature Jeffrey A. Adair, President Name and Title 24571 Redflsh St. Street Address Bonita Springs, FL 34134 City, State, Zip YC1 NGCYHRBz6 UEI Unique Entity Identifier (for SAM.gov verification) 716123 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 r EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT %to NvllSlit verlfi&A Un'rardabfestatusesc,1l1Taquirl The PRIME 10tither prQ%04lrr,,,dstaternentfir prq•ridrsonrtodxumantation hit stilidat,Ito SMIM, A. PRIME VENUORJCONTRACTOR INFORMATION PRIME NM1 4RIh1E FEQ Fr UKIJSK) COrYirl„ CT DOULP NOUIir iS iJ+1 t�YkiVA4z,44 "its �+r� .r-• ) et7 1 15 T H E ON W A FLORi k-CEATMED DkS 4DVL 1,TAGED, VE?'EpAlt V I THE,stTiVi7YOPTMiS'SOWOACT_. hittionrriORVl01AF1J81151NESSE117Eo#A511 phi? Y i 4QN5YRUCTION3 Y fl (OELrt.1LENl6EIORHAVEAV4gtAISADVALTAGEO a CO1}SULTATIOW Y BUSINESS&ACERTIFICATIONfROMTHE SMALtaU541RE55 h59E_ T ADIfIN;7RAT,3%; AS(RvKEtllSA6L1DVfTEEAIit V050 Y r OTHER? OEEA7 V J F— `6l1 Iwl 1Vllr-t— 157H{S5U1MI55t4F1kaEY'I_IOF7i Y !F IF TES,REY,SIOHNUMt1tH B. Ir PRIME HAS SUBCOISIMCTOR OR SUPPLIER WHO IS A DISAI}VANIA60 MINORITY, WOMEN -OWNED, SIVtALL bUsliN@SS CaNCERN OR SERViCC DISABLED VETERAN, PitlME 1S TO COMPLETE THIS 14WSCCTION ORE FAIME WO(ONTP:ACTORORSUPPLIER TYPEOFWORr,OR ETHIJICRVCCJDE SuafSUPPIKA. PERCENT OF CONTRACT VETERAld rIAME SPECIALTY I54aBalpy,] WMARAMOUFrT DOLLARS TOTAL5 C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR q 14AMEOFSU6f.111URt DATE TMEOF51MMMUR _ �e+4R1 4 f�4 ri'ti •Glr �y %� q M FtAA1LADDAESSOFPRIME IiUffMFrFER _ TEt#PHttNEHUfADER PA%NUMEER I'm. This and repart ihtiNpRTad pEE qr AtAE pi flisip3tion in iederiliydunde d sgntracu. The intiup pted DItf or Mu amour% h vd!uAt1 y and vdd not became part 01he santrasttlil terms, This farm must be aubmilted as t1ma a! (eiPorlse to 1 to ciba11oh• t{YAdwon aN7rd2daCWripfcontract, LhppfteWilbeasked tovpdatethe infalmation(Of lha6raattvtnpfianeehim. 'G�F[INCii'f LODE' tl13&Amariuh eA Nisp1RlCAmerlran HA r7atih,R drriErrt%n NA 5uhcaat,A7ilnAln�ilLan 54A Amin-VuiRCAm IUn PA ftand•17RIbrr>y WWW 1+1.•10) 0,;W:noralan athety6upIntodl 0 D. SECTION TO BE COMPLETED BY COLLILR COUNTY 0EPARTME141NAME COLtfERCOIMACT9J1FOIRFP-MiTtW�� GAANT"OORFIdfCOFRsrA1;T ACCEPTED BY: GAY1'. EXHIBIT I -10 ollaitatinn 23.8115 Ew is aild Nflsznce Vegetation Removed . 1 .ItaIV 17, 2023 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCE$ LOBBYING CERTIFICATION To lbo submitted yvitheach bid or o f r xce din 9000Q0 The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LI-L, "Disclosure Form to Report Lobbying," in a000rdanoe with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at ail tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1996), Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Environmental Restoration Consultants, Inc. Contractor (Firm blame) Jeff Adair o� ( Signature of Contractor's Authorized Official Jeffrey A. Adair, President Name and Title of Contractor's Authorized Official 716/23 Date EXHIBIT I - 11 MULTI -CONTRACTOR AWARD AGREEMENT # 23-8135 for Exotic and Nuisance Veqetation Removal THIS AGREEMENT, made and entered into on this day of 2024 , by and between Peninsula Improvement Corporation d/bla Collier Environmental Services , authorized to do business in the State of Florida, whose business address is 2600 Golden Gate Parkway, Naples, FI- 34105 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM, The Agreement shall be for a three ( 3 _) year period, commencing ■❑ upon the date of Board approval; er$-e , and terminating three ( 3 ) year(s) from that date or until all outstanding 0 Purchase Order(s) ❑ kA/of-k-Ofder{--,} 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 A 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 ❑ eed. 3, STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request feF PF0R9Ga44RFP4 ❑ 40Yi B ❑ Other: Invitation for Qualification ( IFQ ) # 23-8135 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposai 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. 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 Page 1 of 36 M ulti-Contradur Award Agreement' [2023_ver.2 n compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement_ 3.3 F■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. EI 4.4 ❑ i' R�l.�I i'r. r.• '. r`Ilrsn�inn rir_tjFii-FH�S. '�t�e•R+ •C`LTf"i[7'['... 4. THE AGREEMENT SUM. A The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology inPayment will Section 4.1. be Oontraeterls-�}dated-pFises--Ghaii-be-used-aR-Z-xhib 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". t�aeter�er�te-per`fe�aa �"�t`� ❑ T,",ems , �aaur�+-an}ea�l per�euE�tsal'--yee�'hasec�-e�-�e�4 �fu0 the he-R�iee-PJl�t�iedelegy L] e_baee r3VtfQ �.ln d�,.l-.,nr,+ �at��- /- -yJ''y `'T •■■.Iy{�j'y��'"�1�+���'�-Y. 11'1L114 dZi\.A I_S./�L�.�rV +4 •+•�T4Z , •—174T�i ��,... ✓met Y4:.. -1 lL, iJ' 1.•�yJ}/.'1�/'y�] 4Yya I 4.1 Price Methodology (as selected below): 0 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. tar � bey ..r�rs�i�les-i�ek# 1 ,�,�*�iat5--pis-tyre-eery ��3 �e Page 2 of 36 Multi -Contractor Award Agreeme [2023_ver- ❑ _ � & 01 is not pes-afble-to a „n i+ ic_ r.r+-�ri that-tk e--pfa}eet ��nv, � ►est-�Ifl�e—tea 1 PI , eVO��uentafiee-e seet�; SnSfe's le-.0 `LLlfiSiLl ,u,,, v. O— nd and r ,., ,.J billi ,may un.+r �„u,,.,.., .. , f9r�e-pl=9feet: UF4t-PAGe: -The ' e F a�4 .gyp The ei--ti+ t vsw#isat+e)- 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "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� i FQ � Ii i�i iJt ��ii �'� iH -b urea�nne�nroc musthe--appr alRali wa„ -1 feimb'edas er . Page 3 of 36 Multi -Contractor Award Agreement [2023_ver.2] p� _ I MMINMMM 1. 2. ZT.-- - - -a .c A 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 # 85-8015965531 C. 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: Peninsula Improvement Corporation dibia Collier Enylronmental Services Address: 2600 Golden Gate Pkwy, Naples, Florida 34105 Authorized Agent: David B. Genson, VP Attention Name & Title: Telephone: (239) 252-2600 E-Mail(s): Dgenson@barron-collier.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: Road Maintenance Division Division Name: Marshal Miller Add ress: 4800 Davis Blvd Naples, Florida 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone., (239) 252-5691 E-Mall(s): Melissa.Pearsor)@colllercountyfl.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. Page 4 of 36 Multi -Contractor Award Agreement{7' [2023_ver.21 4 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. 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• 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. Page 6 of 36 Multi -Contractor Award Agreement �4 [2023_ver.2] O B. ❑W Business AutoLiabiilillL. 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. n 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. t} ❑ P+o#ese{onal-kiablli all -be -maintained by-4 fie eAtfac4of-te-eFieuf4 - is -legal wit' ng—'-t €-pit thie4iC7Gianee. Gikf]h4C1�wraneetpaliha mits-ef- Ll 1 ❑ tbe-r-L4abitr�Couerage-s"&u L-rni44imure limits of $ r^e lai F. ❑■ Pollution Liability : Coverage shall have minimum limits of $1,000,000 per claim/occurrence. ❑ GeYer e—ahell-bave 'FWer e irFenra _ 44 ❑ V J/,,, f BLS-. 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. Page 6 of 36 Multi -Contractor Award Agreement �. [2023_ver.2) 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 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. 15, 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, ❑ x ei# Fee Schedule, ❑ RFFR4 ❑ /N Other Invitation for Qualification IFQ _ #23-8135 , including Exhibits, Attachments and Addenda/Addendum, 0 subsequent quotes and corresponding contract documents, ❑■, Exhibit C-1 Public Payment Bond, ❑■ Exhibit C-2 Public Performance Bond, ❑����j��— Release -and Af da�+'E�i� ❑>• C..hib.,i} E Ferrer -of G( Faot-A-pp1teMen-T�7T-r`'ay�r'�er � ❑ &x4kA--F- Change-GRk--ri El ri cif+sate--ef-�antial G rppletiei+; ❑ € Gerr piefienq ❑ Exhibi; 4 - Waffaaty; and ❑ Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17, APPLICABILITY. Sections corresponding to any checked box (E) expressly apply to the terms of this Agreement, Page 7 of 36 Multi -Contractor Award Agreement; [2023_ver.2] 1Y_- 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, 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 Statute, §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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecord Re uest colliercount fl, gov The Contractor must specifically comply with the Florida Public Records Law to: 1. beep 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 Page 8 of 36 - - i �1 Multi -Contractor Award Agreemen p [2023_ver-21 inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency, 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. if the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 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. 0 BONDS, A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 9 of 36 Mufti -Contractor Award Agreerne [2023_ver.2 C - p - •r + + f.+ �+ A f 4 p - - - Fm- - - a MMIRT MINN im -.- . 5-m _ - * I The n �r.rrv�v_ f fir, ♦Frn� � F DpQ e*f--ltie saeni�ittc ran -have to seektr. nbrnrncter4e-#i+e SbO h am" r�6teC�'-lf�d a� �--j3e`krikes--agfe �t fa' and-reasepable estimate of the eT2-,-a6 1 t amlage --at the fifne-^vT-Q tfaet R d-of-t71Y1G ef� fi eFiee Tl4A G on"te to exclud T first day -and -�qr.!,ude-the last F6 day } ietie�- r�h-d s h b&9Fn#tom-fir -the-e9mp6tati .:, t �R eeeme tie-ne*�-�eed+ng-day-whieh-i&,=+ , 4wia"r legal a� 24, ❑ RAY-ME-V-TS—Gene-a4"e-GeAtrac ar-will-be-pai en rer efioFF4aO,e, er--Werk l� e �eee+ve-Rfeg*e�e s- segt a the first Ftra6ter--must-ffeiAde- nef-w a fully exeouted Release and Affid..wit irm att ae��1�ehed 1- eFetr,.,,re .,s�, Exhibit xhi '� s for payment, whetheFfOF 4111 payment Ex l4 '" 25, J PAE- 'gin HHfner may-dedine-tear symeRtt, po #+ees-t ef; t ,7 rk RgUH4Njst tGneernevidencee �e t inspe}ew,—Te-Own-ullify s; e fGVai fOF paymemt pFevieusly�t1 tt7t beeefr-Qrvfl LarW i +n inly e*ten#__.so _may-naa..�'r��t�lTta l rivr "h• [ crscvu u ,.1%ie� et•- C�e 4e--Iv�td�eG- ,•,YRdieating'"pprn4•.fJifl@ of such claims; (ee) fla-dwe el Page 10 of 36 Multi -Contractor Award Agreemen ) [2023Tver.2 b eq-u}pment-, (d) Fea e-VVDrk-eafl be rempl for 4I-e unpaid-bakff%e ert nn}�uifviFZlM'cZM - 1hISATk-v�n�I1Gt#eI�l etbep4i-?ate- 1;�Feiaeh of th nt; an�to()GHWRRU; - �. LUIR a If a si boonst9f4- a Felated entity to the G0RtF@cAef-,4henAlie r+.- Hlffaeter shall not Rya up the eter-'-s eee-A-Fe4at "r,y arefft-"Ubsidary gf--t�! nd-ar'}y� , , , .tom- f eth , rn nnn5e.ar z��e 4 �y Cl 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. L■� CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. G. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Page 11 of 36 MuVtr-Contractor Award Agreement Al [2023 ver.2] 4 Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. ❑ Okl,a4"IG" T ARK.-9wper-shaft-have-the-rig# tat-aRy4irrie-dufing4h"r-egress Qf -ncr^@ desrease-th e -r�et ed—E)€-a- hange-, �h 1 Y �t' nnvvr IYiRG'Tt�'�Ter,nrsn nr_ cal ursry Slt faresees as a Fesult of the ehange. Exeept aR e efgenc, d ge i n. l i frs W V -.y or -an expressly setfekh heFein, no addition 8Fehfwges4E)4he-WoShall be made exeep 1 �RoFea empe-ensaflon suit:-� -,t_ quehyo �t� nr N-e-- tff"., S rtilr.iraa- ns��r��_ of ,-r ���,','�11�' e'r7�C�CTRL�L7 IL art die-awedifeet any e)(tF8 eF-4ianged.work erally. Any medifieafieRsis RTRlV� ;arena_ M ' 1lPTi phment.Pr. :Iwo.-, e.� �nh rv.nr+Ii inn4irae-in_.+..+ •.11#1. eri-rf.r�_ l���rTe•��• Lf LT 1 V 1 IiLY i i n ' FN rM t ' w r T 4 r14 29. ❑■ 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. 30. 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. 31. 01 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. 32. F 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, Page 12 of 36 MuIH-Contractor Award Agreement ()r40 [2023_ver.2] Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B, Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County"s benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time, 34. ❑yy�'4°Y..``,,I.RLXTIQ +,�� 'r er�er�a�iG efeGf-desfg 4ated-ice O He•� for i# i'LTf�4nor' VVOFk (eplet ques that 0 ff+r.rr e y�v�au �a-Gertifin_t_r•.i Substantial i`t7C1�'t� e4l� ••a#ef` _f_ wnnr and �f �l9yT�+�r�n n_jt�r,r}.�nh�tnii� a Q. c�taCTSC1 tfIL-4erk (eF dete mT Re the scat Grnpletien. f QlllneF d. er, Fiat ee Ma ier ?—tea ntia4y-�p4ete; the Qw+ver shal1-*eti€ "Ge reasens the*efe -- M7Lfi- `1ALUNIMU _ G - i - - Page 93 of 36 Multi -Contractor Award Agreemen [2023 ver.2 make sweh4Rapeefi-,art ralrar+l ifi— ;;-.-In4l��'Y7#3tYK'� t�U� ful"effar ie-b' '� the f`9F1tr.3 e.t rl rhall.rr33rCCFemn kj—issue Gje�FCr.�yy,cate of Final {{��ee�yy p,.,}*y'p,..,��y, Exhibit 1..1rt-1 'TGv�T t]1 GVIY'Y�GT�"'eb6eP,va YC7 iGtk)R the�y�n i�'nn#rn nfetirrssa e4 }J�n+ +hr. 111 jr. r1, h rated 4i rJnree--yfr 4K9 ifi '-}thaT- thC�'}�,r. Inrie Tf � �G LL f7TT: �'QQT'IC7G��fLT4 teWA S-'a d renditions ��vv'rTc P�eeu1�hTiC.Tfts,Zl•~Tat t e en ire hnlannn_fr��d-e. T 1-L.T Lk.+ �.VdHe i - C S• ^ . i+ 7 . C .4 M l - - + t y MUM'. .r . - - a c . +. . TRIMMW r O � 4 4 w •� • 4 - - Y + r 36. AGREEMENT TERMS. If any portion of this Agreement is held to he void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37, ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. Page 14 of 36 Multi -Contractor Award Agreeme [2023 ver_ 3 80 38. 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. 5tat, 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 40. ❑ I4€ R€ SAI N L-- h+ #aster person ei-arid-ma etrneot te-be�+ti ed-fermis project be ' ir; theirare f r,pe ,ry-e---The Gr.r_ Rty reserves the riraht �.. pe.-fnrm iye-,i r.n irr._41-rrF r+amn� , many people , � 1 he GeRt ClY]e ete sl Ge[Yt9! y+! !Jr- t eeed r t r-- mot-qualifioatiens andie !!Yl}11 LA lItR{r1_C p�1L1_tY e4aP9e✓--Tip p ,{ �/^} � V`-_laGeme t pewa4PAe47 1, ❑■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. [] ODDER}-AR,-R, GEDENCM 1-"44e-even"f-away-eee#I "eytween or a e,9g y e49fMs 'nft.�ti'4��C7��i take pFeeedepac 0 ORDER OF PRECEDENCE (Grant Funded. In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take Page 15 of 36 Multi -Contractor Award Agreeme [2023_ver. ] 11 precedence over the Agreement, To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. 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. 43. SECURITY, The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. if required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time 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-FMaPS colliercount fl. ov) 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. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 44. ❑E- 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 Page 16 of 36 Multi -Contractor Award Agreemen [2023 ver.2 fib;) the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department andlor 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. [Signature page to follow] Page 17 of 36 Wfl-Contractor Award Agreement [2D23ver.2j(0_,_ IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller Dated: (SEAL) Contractor's Witnesses: "P, 16 114 k b (Luk(. 0 � 11 IL Contracto s First Witness r ;.f u.l I lU 0A . O1 iyu fType/1JAnt witness namet Contractor's Second Witnes yr. TTypelprint witness name'f* Approved r and Legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman Peninsula Improvement Corporation dlbla Collier Environmental Services Contract Sy: Si nature David )a. Genson, Vice President 'Type/print signature and title' Page 18 of 36 Multi -Contractor Award Agreemen t2023_ ver.2 IM1i -M-11 Scope of Services 0 following this page (pages 1 through 5 ❑ this exhibit is not applicable Page 99 of 36 Multi -Contractor Award Agreernen [2023_ver.2& Invitation for Qualifications (IFQ) 923-8135 "Exotic and Nuisance Vegetation Removal" Exhibit A Scope of Services DETAILED SCOPIa; OF WORK Contractors awarded under this Agreement shall provide exotic, nuisance, and other vegetation control services for departments Countywide, on an "as -needed basis," Management of non-native invasive plants, nuisance, and other vegetation includes mechanical, chemical, and physical methods or a combination of their. The work areas may be in the right-of-way, easements, County -owned or operated facilities, residential neighborhoods, preserves, County owned parks or remote and isolated locations. Contractors performing the work shall follow invasive plant laws as described in the link, ltttpss:l/www.fdaes.gov/Forest- Wildfire/Our-I'or sts/Forest-Heal h/Invasive-N n-Native-Plats/Invasive-Non-native- Flant-Laws, and the Florida Invasive Species Council [FISC], current list of Florida Exotic Pest Plant Council [FLEPPC], Category I and 11 invasive plant species link, lst ps llfloriclainvasives ecies. rg/plantlist2019.cftn when applicable. 1. Service Requests Contractors shall have the ability, workforce, and equipment to perform the work. Requests may consist of but are not all- inclusive of the following: 1, 1. Professional assistance services to provide the most effective methodology to remove and maintain vegetation. 1.2. Removal and/or maintenance of wetlands or cypress preserve vegetation. 1.3, Removal and/or maintenance of storm drains conveyance vegetation (canals, ditches, lakes, etc.). 1.4. Removal and/or maintenance of drainage easement vegetation. 1.5. Removal and/or maintenance of vegetation in County owned or managed properties (preserves, parks, and facilities 1.6. Clear trails in conjunction with exotic plant removal projects. 1.7. Chemical treatments of aquatic emergent, floating, or submersed exotic vegetation. 1.8. Ditch bank/shoreline vegetation extending rhizomes into the water body. l .9. Professional mangrove trimming. 2. Distribution of Work County Project Manager will request a lump sum quote for each project under the following criteria: 2.1. Projects with a value tip to , 200 a00: 2.1.1. A Summary of Work and Request for Quotation will be sent to all Contractors. Completion time may be specified in the bequest for Quotation. 2.1.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of seven (7) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting, 2.1.3. The Division's Project Manager will review all quotes received by the given due date and may Negotiate with the Contractor who submits the lowest gt1ote, if outside the budget. Page 1 of 5 Exhibit A — Scope of Services 4�. Invitation For Qualifications (IF'Q) 423-8135 "Exotic and Nuisance Vegetation Removal„ 2.2. Projects with a value over 1200,000 up to 1500,000: 2.2.1. A Summary of Work and Request for Quotation will be sent to all the Contractors. Completion time may be specified in the Request for Quotation. 2.2.2. The Division's Project Manager will set the required response tune for each project, but the Contractors will be given a minimum of fourteen (14) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.2.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 2.2.4. Projects over $200,000 shall have a payment and performance bond and shall be provided prior to issuance of a Purchase Order. The payment and performance bonds shall be underwritten by n surety authorized to do business in the State of Florida and otherwise acceptable to the County. Completion time may be specified in the Request for Quotation. The County reserves the right to waive any or all these requirements and to separately solicit any job if in the best intere, Of the County. Projects exceeding the S500,000 threshold will be formally solicited. 3. Work Commencement The project shall commence upon issuance of a Purchase Order. The Contractor agrees that any Purchase Order that extends beyond the expiration date of the contract will survive and remain subject to the terms and conditions of the contract until the completion or termination of work. 4. Work Hours Monday through Friday from 7:00 a,m, to 5:00 p,m. Contractor may request approval from County staff to work outside the stated hours and workdays. There is no additional compensation for working on weekends, holidays, or beyond the stated hours. 5. Work Schedules The County Project Manager may request work schedules prior to the commencement ofservices and updates if there are changes in the workdays. 6. Project Specifications County staff will develop a scope, of work and specifications to meet the project needs. Listed below are examples of project specifications that may be incorporated in a County Project Manager's or staffs quote requests. The examples provided are not an all-inclusive list of what may be requested. 6.1. Documont pre -project and post -project site conditions and adjacent properties with photographic, video, or oth• means. &I Global Positioning Sensor (GP5) tracks identifying work completed in the project areas, County staff may request the Contractor to submit GPS file tracks. 6.3. Pursuant to South Florida Water Management District Melaleuca guidelines, felled trees may be neatly stacked with the approval of the County Project Manager (approval will be determined in advance). Page 2 of 5 Exhibit A — Scope of Services IS Invitation for Qualifications (iFQ) #23-8135 "Exotic and Nuisance Vegetation Removal" 6.4. Ruts made in the soil must be removed by the vendor. 6.5. The removal of debris, trash, vegetation, hauling away, and disposal at a legal disposal site shall be included in the lump sum price. No debris or vegetation disposal in waterways, 6.6. Installation of turbidity barriers. 6.7, The Contractor may be requested to coordinate work with other Contractors. 6.8, Perform exotic vegetation treatment operations within the right-of-way and/or easements. Any equipment left in the right- of -way overnight shall be parked outside of the clear zone and as close as possible to the right-of- way line. No equipment shall be parked in the median regardless of the width of the median. 6,9.Chemical treatment applications shall be conducted to protect non -target organisms, crops, the environment, and tl public. 6.9.1. Locate and treat 100% of the Florida Exotic Pest Plant Council (FLEPPQ invasive plants listed within the designated work area acres, with a minimum of 95% of target plants being, killed. FLEPPC link below; htt s;//www.flrules,or stews /RuieNo.as)?ti i=INTRODUC'rION°/o20OR%20REL ASE°/o20OF°o2 PO LAN' %2 PESTS %20NOX1OUS°lot WCEDS ! o20ARTHROPODS °/20AND%20BIQ GiCAL%2000NTRO L%20 _AGENTS&1D=513-U.007. &9.2. Application methods may include foliar spray, spot treatments, frill, and girdle, cut stump treatments, basal bark, poodle cutting, and broadcast (liquid and granular). 6.9.3. Seedlings of some species in mixed plant communities may be hand -pulled to minimize the impact of herbicide on non -target vegetation. 6.9.4. Herbicide applications sliall be carried out consistent with Environmental Protection Agency (EPA) and comply with all pertinent regulations set forth by the Florida Department of Agriculture and Consumer Services (FDACS), 6.9,5. Wind speeds at or exceeding ten (10) miles per hour (inph), The wind speed regulation may apply due to label restrictions or Florida's 512-2.033 Organo-Auxin Herbicides: Restrictions and prohibitions rule, link below: hrtps:/lwww.firules.ar atewaylRuleNossp7id=5E-2A33, 6.9.6. Monitor dissolved oxygen (DO) when required by label and follow all label instructions related to DO. Do not apply herbicides if DO is below three parts per million (3 PPM) or authorized by the herbicide label. 6.93, Tho Contractor is liable for any penally, fines, or damages resulting from the misuse of herbicides. 6.9.8. Retreatments will be conducted by the Contractor due to unsatisfactory work performance, Any nuisance or exotic vegetation still flourishing following post -treatment will require retreatments, at no cost to the County. 7. Pesticide Application Records Maintain records relating to the application of pesticides and restricted -use pesticides, link; li tps•//www.11rules.org_/gate_way/RuleNo,asp'?ID=5E-9.032. The Contractor shall provide the records at the request of the County. 8. Rquipment Staging equipment and vehicles will need advanced approval by the County Project Manager. The work requests may require equipment that is in good working condition. Types of equipment for services needed but not limited to the following: 8.1,1. Small equipment: chainsaws, machetes, string trimmers, and brush trimmers, 8.1.2. Heavy equipment: cranes, bucket trucks, ditch witch, excavator, mulching head, etc. 9.1.3. Watercraft /Airboat. 8,1.4. Backpack sprayers for applying herbicides, 8.1.5, Heavy-duty composite protection plats, such as Dura-Base mats, for accessing environmentally sensitive locations with minimal surface and soil disturbance. Page 3 of 5 Exhibit A — Scope of Services Invitation for Qualifications (IIaQ) #23-8135 "Exotic and Nuisance Vegetation Removal" Contractor must ensure that all equipment (i.e., owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference prior to entering the project site to commonce work. County staff reserves the right to inspect and approve or deny the equipment from entering the project site prior to the commencement ofthe project. 9. i115nectiol Onsite inspections may occur to monitor work progress and when the work is completed. Contractor shall e-mail the County Project Manager when the work is completed. The Contractor shall cure ally deficient work as requested by the County and within the timeline provided. 10. Clean UP Each workday removal of vegetation debris, trash, and load, haul, and dispose of it at a legal disposal site in accordance with applicable local and state laws. 10,1, Stockpiling is not permitted in the right-of-way. 10.2. The Contractor may be required to return to the worksite to clean up, remove, and haul away fordisposal. 11. Damatses The Contractor shall exercise care and protect all native vegetation at the project site. The Contractor is responsible For restoring or replacing all damaged native vegetation to the satisfaction of the County Project Manager, at no cost to the County where the Contractor's control operations occurred, 12. Overliead Utility 1'r•utcetion The Contractor shall protect all utilities frain damage and shall immediately contact the appropriate utility if damage should occur. The Contractor shall be responsible for all claims for damage due to their operations. The Contractor shall arrange with the utility for the removal of necessary limbs and branches, which may conflict with, or create a personal injury hazard in, conducting the operations under this agreement. 13. Utilities The Contractor shall be responsible for exercising precautions while working near utilities; therefore, before digging, the Contractor must call Sunshine 811 at 811 or 800-432-4770, Monday — Friday from TOO a.m. — 5.00 p.m. Sunshine 811 requires two (2) Full business days' notice. Any darnape to utilities is the Contractor's sole responsibility and at no cost to the County. 14, Temporary Traffic Control (TTO If applicable, TTC will be required to the work being requested in the quote, The Contractor is responsible for providing a plan to set 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, The Contractor is responsible for maintaining TTC while performing services in the right- of -way and roadways. 14.1. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MU'TCD). 14.2. Subcontracting TTC is authorized. Page 4 of 5 Exhibit A — Scope of Services �7 levitation for Qualifications (lFQ) #23-8135 "Exotic and Nuisance Vegetation Removal" 14.3. The Contractor is responsible for tho TTC plan and equipment setup. Any work zone safety issues require the Contractor's Certified TTC employee to meet County staff within twenty (20) minutes of the initial contact to address work zone safety issues. 14.4. TTC setup that does not comply will have operations ceased until TTC is corrected per the MOT standards aj MUTCD. 1-5. 1toad Alert- Mandatory Requirement Any lane closures require the Contractor to subm it 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; hi3 www.coI I i ercou n1y fl.gov/govern rn ent/transort Lion -mane =ement- seryicasl er•viceslcoj}structioii-and-maintenance- tiblic-informationlroad-aler#s . 16, Work Zone Safety The Contractor shall use caution while working on County Right -of -Way (ROW) (i.c,, roads, sidewalks, bike paths, etc.), roadway medians, in or around County -owned or operated facilities. The following standards shall be maintained: 16.1. American National Standards lastituteflnternational Safety Equipment Association (ANSIASEA) Class 2 or 3 Vests, T- shirts, or similarly labeled garments depending; on the tune of day. 16.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles, where necessary, required by law or the BCC, 16.3. An applicable work zone TTC plan based oil MOT and/or MUTCD designs on site. 16.4. Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public, Page 5 of 5 Exhibit A — Scope of Services d C� Exhibit B Fee Schedule ❑ following this page (pages through 0 this exhibit is not applicable Wage 20 of 36 Multi -Contractor Award Agreement [2023_ver.2] L this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No, KNOW ALL MEN BY THESE PRESENTS: That i as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the with Oblige for day of _, 20_ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.050), Florida Statutes, supplying principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of _ _, 20l, the name of under -signed representative, pursuant to authority of its governing body. Page 21 of 36 Multi -Contractor Award Agreement f [2023Tver.2] Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL: M Name: Its: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of _ 20,, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Page 22 of 36 Multi -Contractor Award Agreement [2023—ver.2.1 ` m As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _ of 20 , by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 36 Multi -Contractor Award Agreement/ [2023_ver.2 ��, ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the , with Oblige for our heirs, day of , in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' tees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 24 of 36 Multi -Contractor Award Agreement [2023_ver.2j I as on behalf of the corporation. My Commission Expires: +;AFFIX OFFICIAL SEAL) This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond, In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of, Witnesses as to Principal STATE OF COUNTY OF By: Name: Its: PRINCIPAL: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _ of _ 20 , by of __, a corporation, He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 25 of 36 MUM -Contractor Award Agreement [2023_ver.2] U ATTEST; Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20_, by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name; (Legibly Printed) Notary Public, State of Commission No.: Page 26 of 36 Multi -Contractor Award Agreement Ts [2023_ver, 2] A this exhibit is not applicable EXHIBIT 0 RELEASE AND AFFIDAVIT FORM COUNTY OF ( ? STATE OF Before me, the undersigned authority, personally appeared after being duly sworn, deposes and says; who (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthlylfinal] Application for Payment No_ Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑ physical presence or 0 online notarization, this _ of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) (Legibly Printed) Notary Public, State of Page 27 of 36 Multi -Contractor Award Agreernen [2023—ver. �r� (AFFIX OFFICIAL SEAL) Commissioner No.: ■n this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: through the Date: RE: ect Name) Original Contract Time, Revised Contract Time: Date $ - (Contractor's Representative) Payment Application No. (Contractor's Name) (Contractor's Address) Retainage a@ 10% thru (insert date] Retainage @ _% after [insert date] Percent Work completed to Date, , Percent Contract Time completed to Date Liquidated Damages to be Accrued $ for Work accomplished (Proj Original Contract Amount: Total Change Orders to Revised Contract Amount $ Total value of Work Completed and stored to Date Less previous payment (s) % AMOUNT DUE THIS % APPLICATION: ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection Page 28 of 36 Multi -Contractor Award Agreement [2023_ver.2] �' with Work covered by prior Applications for Payment numbered I through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: Title) (DP's Name) (Signature) (Type Name & Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page 29 of 36 (Signature) DATE: (Type Name and Title) Multi -Contractor Award Agreement 4Y [2023_Ver. [■ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: Charge #: = Purchase Order #: Project #: Contractor/Firm Name: Project Name: F_ Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #D1V/0I Total Change from Original Amount Revised Contract/Work Order Total $ 0.001 #DIVI01 Change fromCurrent BCC Approved Amount Cumulative Changes $ 0.001 #DIV/01 Change from Current Amount Completion Date, description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change} # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanationlrationale of the requested change(s) to the task($) and I or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor If needed. Prepared by; Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated In this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor I Consultant I Design Professional arising out of or related to the change set forth herein, including claims for impact and decay costs. Accepted by: Date: (Contractor I Vendor I Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 30 of 36 Multi -Contractor Award Agreement [20 ,2] UOR X this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: Page 39 of 36 Multi -Contractor Award Agreement [202U-_ lff] RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents, Executed by Design Professional on , 20_ Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 2D By: OWNER Type Name and Title Page 32 of 36 Multi -Contractor Award Agreement [2023 U © this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. 1�9 OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROt=ESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 33 of 36 Multi -Contractor Award Agreement (2023 2] U Executed by Design Professional on Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on L"_ AM I,I=I Type Name and Title Page 34 of 36 20 20 20— Multi-Contractor Award Agree nt [202 vO, C.y F■ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT, Project Name: Date of Final Completion' Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Filar/da Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 35 of 36 Multi -Contractor Award Agreemen [2023,Uer, Other ExhibittAttachment Description; Federal Contract Provisions and Assurances ❑■ following this page (pages 1 through 11 ) ❑ this exhibit is not applicable Page 36 of 36 Multi -Contractor Award Agreement (2023_ver,21 o EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern, This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract I Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives- 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F,R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT 1 - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1 225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F,R, § 200.321(b)(1)-(5) to ensure that smal} and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the OHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts, Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award, For purposes of this section, "Produced in the United States'' means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County_ No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C,F,R, § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to, (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (lii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i)_ A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (1). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known), brand; model number (original equipment manufacturer EXHIBIT I - 3 p EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C. F. R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R_ pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County, If it is later determined that the contractor did not comply with 2 C.F.R. pt, 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C_F.R. pt. 180, subpart C and 2 C.F.R. pt, 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer, The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www,epa,gov/smmicomprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.G. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier abcve that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4¢4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each hid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000), Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such 'individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth In paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.' For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT 1-5 � C+�' EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3_ The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regWations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C, 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60.1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C,F,R. § 60- 1 A. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin, (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to Instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (B) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (11) the subcontractor is bound by all applicable state and federal laws and regulations, and (ill) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress In performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. VerdorlContractor Name Peninsula Improvement Corporation dba Collier Lnviroornental services Date /k i I-C1 z � Authorized Signature EXHIBIT 1 - 8 CpO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION RE;G4RI3IN0 DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospect€ve subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Peninsula Improvement CorporatiRn dba Calllar Environmental Services By. __ _ t --"` '' Sianature David 13. Genson, Vice -President Name and Title 2600 Golden Gate Pkwy. Street Address Naples, Florida 34105 City, State, Zip UEI Unique Entity identifier (for SAM.gov verification) .I / t1 1202.2 Date Sub -Recipient Name; Collier County Board of County Commissioners DEM Contract Number; TBD FEMA Project Number: TBD EXHIBIT I - g' y p O� EXFIIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED ' ISADVANTAfEDr MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status a'11; be 7fTlf %''J uiver'a.^,a statuses v,' I requ're tit PR r ,,,o ei:her prc, +da a reas;a statement or pro': ida sc farce docu nen ',.ion thLt :1i idatea a status. A. PRIME VENDOR/(ONfRA(TOR INFORMATION PRIME NAwt PSP; a fE D',UNi.CF' COWAACTDD..1-AP. AM OW3 .T Pt 11111sula Improvement (3olpcsratiol'I- It);. C Itic,r . r m(-nt:tl Fs i 51-1e �1 14! A `-O? DA-CIRT PTD C iACO.'A`t'AGE.? s+l'lpxr .^^.R6.,01."Evers+,e55s:.TEPP :SE7 D6Ei k Wi C.DNs-P'.r'IOF17 Y 1J CIVE,".IEEt,"rt3Ei Or, 14;r A5",1ALLDISAG4A1iTk1!D '• JS',EL1Lh6!R71EC.5T-41,FFOVT'l:SMALL bull `IE55 rrldEl V �J! CO".'',L—ZTCNi no',11s1 ST tA"j0 i? A SEP i'CE DiS91,Cb, ETUX0 ti' .E7 r i N, GTheF? i . 1J IS "'H S sd6l1 is a". >EvIS10Ft? 'Y r 11.) P tEs" RE-,'SIS71+`.UMO�R B, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MWORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE 1`41 13k SUBCONTIT.ACTORDPSuPPLIER TYPE OFWORXOR FTHNICITYCobr` SubiSUPpoen PCRCENTOFCONTFLACI VETFAAI NAMI+ SPECIALTY iseewowl DoLLARAMOUNT DOLLARS 'UTl,L C, SECTION TO BE (OMPLETED BY PRIME VCK)OR/CONTRACYOH NAME of SuWi rEt, DATE Trite OF SuBmrr-TER Oavid i1 Geiison 7/1012023 �yw I Ic}caltiUr7C EMAIL ADDRESS Of FRIMt: ISUBM TTER} TELIPHDNE NUMBER FAX NUMW Sit}S:nst)11(7b 11'YS'}i lr;a�Illc i.Crin1 {2'3�)) ?62-2600 tjoTmTh'sin�erma:iorr,susectoiradand ripor, ant; clpatedT?R9CrT,"BEpa`tlelpatitnlife derail y-fund±dcoitracts—.ledntlC:pFteSD5E0r r tbE amou I: Is Maur,ta.r; and ;;m not becarne partv'tha cont-l!€tua' terms. This'ctm ylus; hr swim.lted a: t r•i a!"eMnse tc s sa:rcito:ion f and r:i1; ba sskedto updete tj9 iniarmatlez fvr the gro-it Cemplienca r, es. ET14NKIrw coof @Gk ' rmq'icall BA r spastic Ame-ican I -A ".etroe are !calf WA 5ubCcnt.As' att,lre-ican 5AA Ms;8,1•pB:Ncamerican ARA •"lan.`•rIIIC"}t" V.'V,men r4s.',J4 C-tmv not ** any otrt 4r greup Lsted D. SECTION TO BE COPAPLETEV BY COLLIER COUNTY 'tFA+`N9ENTNWE SPA NTPR,74RAMj.00NTW1 ACCEPTED BY; WE EXHIBIT I -10 O EXHIUIT i FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION To be submitted with each bid or offer exceedin-g $100o00. The undersigned [Contractor] certifies, to the best of his or her knowledge, that; 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to Influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," In accordance with its instructions. 3. The undersigned small require that the language of this certification be Included In the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreciplents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made cr entered into. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Peninsula Improvement Coir oration dba Collier Environmental Services Contrac r,, Firm Narne) 5 r'::i�- Signature of Contractor's Authorized Official David B. Censcn, Vice -President Name and Title of Contractor's Authorized Official Date _ _... EXHIBIT I - 11 0 4a MULTI -CONTRACTOR AWARD AGREEMENT # 23-8135 for Exotic and Nuisance Vegetation Removal THIS AGREEMENT, made and entered into on this day of _ 2024 , by and between Woods and Wetlands, Inc. authorized to do business in the State of Florida, whose business address is 18731 Durrance Road North Fort Myers, FL 33917 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ❑■ upon the date of Board approval; eF n en _ , and terminating three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) ❑ VV0Fk OFdera) 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 A 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 OPurchase Order ❑A!<Woe to P+eeee'' 3. STATEMENT OF WORK, The Contractor shall provide services in accordance with the terms and conditions of ❑ ) ❑ Invitatieri to Bid (ITI3 ❑ Other: Invitation for Qualification ( IFQ ) # 23-8135 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. [o The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 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 Page 1 of 36 Multi -Contractor Award Agreement CAO [2023_ver.2] compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 FE-1 The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. WIN IN 0 Cj 4. THE AGREEMENT SUM. ❑O The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. 11 Cattrastes e}uated-p��ees-stalNoe-based-en-€I�it----F-eestiedtle, 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". ❑ T 1eG9�y, r'` a entFrji+ eic fe,r_thetpe^ a um� YY r peF GeuMat-fieeal year;-basedaltk peFfewned-p► to449 the quoted-06erid-b'¢ the .nn+ IF^,+- e- trararifa br�vc_ Quotaiieff&-afKk-ha Price Methodology imlde#ial hAl-Best ien4-4- ❑ Tall be--base�I�n Exh FbA4 --Fee SGhedule. _Raym�-be topmpef4f4voice and -up 1-by the !"bounty's n� �cr�,�Ylij Tn��Qr nr�ei .in-n.�PI 4A Price Methodology (as selected below): ❑E Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor, and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ T4me-ate-^Materials, ThE�-Gour agrees4o-pay the oaRtFaGtar-fer-##e—aniGuRt-Of r ept-by the p } e�ax� ..F S-....., a ..,�� 4 1 nln. Sri.-��puj�lnnt �ie.ar_Lin_ wJet"��T"�t ohewe F�tii�iets-fi9N�i , r ak-unra� 1 ``.T �n� . F� eFialr e n etoF's_n9ak _�rsl: ib-�ieth�8 �felects in Page 2 of 36 Multi -Contractor Award Agreement [2023_ver, 2) � C] C y • 4� ' a • V t a a N i ...�� c om :JnA-N4G&-. T44$-GBun"grees t-pay-a-firs all co i ett i i r n1�eTViVG G , , T ,., et 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4A 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 casts associated with any Payment Application, Change Order, or Work Directive Change. T.n�,r.l t,un�n--- t,^Iil--r�'.v fe . Page 3 of 36 Multi -Contractor Award Agreement [2023 ver.2]r. 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 # 85-8016966531 C. g. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Attention Name & Title Telephone: E-Mail(s): Li►� •.:�litari�f�iFTiTt�I� 18731 Durrance Rd North Fort Myers, Florida 33917 David Quinlan 239 567-1857 David awoodsandwetiands,com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Division Name: F-135=33 Road Maintenance Division Marshal Miller 4800 Davis Blvd Naples, Florida 34104 Administrative AgentlPM: 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. Ail 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. Page 4 of 36 Multi -Contractor Award Agreement [2023_ver.21 ("40 �x 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. 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. Page 5 of 36 Multi -Contractor Award Agreement [2023 ver_2] C-111, . B. 1•❑ Business Auto Liability: Coverage shall have minimum limits of $1,000,000 _ Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -awned 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 $1,000,000 for each accident. 0- ❑ Pr*€esMGnal­-Uab1fi e- 3Rainta+ne h 6er aster�te-ears +r t legal liability fe� 'ms arising OUt __Of the e f lFm - _ ce of-_nrr�f�cci e nal servings wi�s �p 7�--�-pi--n-r��xa nor r n u i r thin ir.O7RGUFa7ZVe, eti.limiir_rtf_nrsi] @ & ❑ Cyber--L4abiliW-1--Geve�rage-&halWiave-n4in Ore wFa lti4its of $ per-slaiwit F. Al Pollution Liability : Coverage shall have minimum limits of $1,000,000 per claim/occurrence. ❑ �'.. z--Go1FEF"e-have n,-hcr,ray e g4Ri Irn ii , l ❑ P"rnu Of 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, Page 6 of 36 Multi -Contractor Award Agreement Cqo [2023_ver.2] 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 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), 0 Exhibit A Scope of Services, [] E-*W it--B-ee-Ss#e"e7 ❑ RFP ❑ ITS/❑■ Other Invitation for Qualification IFQ __ #23-813 , including Exhibits, Attachments and Addenda/Addendum, 0 subsequent quotes and corresponding contract documents, 0 Exhibit C-1 Public Payment Bond, ❑■ Exhibit C-2 Public Performance Bond, ❑ E #ib+# e-a d-A#idfa-v#-PGFm, ❑ 9*14bit-E FonfR�efAraet Apoea# em f , ❑ &xh ge-84-def ❑ €-&ilai�ertifiSubstantial QemI ie4; ❑lac I C Jetie-n ❑ E-*h+bA f - Warranty-, and Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box (E) expressly apply to the terms of this Agreement. Page 7 of 36 Multi -Contractor Award Agreement [2023_ver.2] -,-C i 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, 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 Statute, §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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5745 Telephone: (239) 252-8999 Email: PublicRecordRe uest colliereount fl. ov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be Page S of 36 Multi -Contractor Award Agreemenl [2023_ver.21 �Ir, inspected or copied within a reasonable time at a cast that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 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. 0 BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 9 of 36 Multi -Contractor Award Agreement [2023_ver.2] A_ 1 M ■ C- wHI- . C ^ - - - C- fls n CIF ORize thnf ninne-. limn. ie�.. rl. � r.rlr.r +hie,. 9WTT��'�!r-�7��. �.�_ _..-._ -. friL�C.--in1TGTS�i�i�'1CW+l A 1rT.'GTTP..TR 'QWTTOi T`1friN'�iT'" �bstantially le�RTRrT the4me-spe�J"r. Request ,fr il�� ..+.-,ii � �Fnil 4n n�ihclnrnFi�LiLa ee the Work yam"" ad —timapaua ,-.ram+filled to assess as 4quidateded—in tha F enL w;n:�trnn;� w' P y ^ P "' n i TF en an pe ied-eft&-is- -be-ae the a�� ur9d *na-runs on a Gatwr4a"r- Su day or -en a day e a legal hnlirl oWe rs-p�cc�TTrvnu r' � �'` jWFiSd;G-'shall hair n vrmited4wA 1e oemputatien, and4he larst}I #$ the nal_carnG �r1 y-e�e TTUTr%avrT- 24, ❑ PXYMEN "eneF 4y theme ast-of-w -fie-paid-UPe"eMplefieP-4eweVe , _ e ec Mow- 25. PA-S-IY1�WTS-Y�IT44�L-ti� tY i�� any-alp4innlir.n fnr n�arv�ar.l r,r `"` F' � PeAie eoauSe--F}f-GlefeG Ve OF F piece-WGF", L tapdiw1"k#, ehiiaxitems, subseq l iseever-eel-ev4 bseq : The-cQ-rwi e+-l'n ]Y ...hel" ryreyal {a eVirtv7v &y46 wed nGO Und Giiim LTrfl� i�ayments ref l���,in r7T'+v�v-caCrlO'vRtFaster i i e�,�Fp��e-nt or any -other Agreement Iry�y��y"�/ �y 1i /� Lr /`'y �' 1 �/ �,j_�j ���" � r�/ry �'y �'+ ���TL/v1�lvrirpv�i,.��+. b etween--Gwner + Rt -aGLO , IFL..L+H64-- 1/4' eA if a Reee6 in�FYYtpe -4 ep44er+4e-pess- because r�a,--uefest+�eT��.,I.�e�dli.e1...�c �/n �yL` �* fe4e"F ra- bIn e riG TR4 Odieafi g b tTFSTR i''s, \"�? tiiftirifTTC7 Page 10 of 36 Multi -Contractor Award Agreement [2023_ver.2] �'O - - - -=720.2 R + i c' �- ' up4he-&ubGof#MeteF'G fees� A related enfi4-&ha"e defined"ada ewe-G4CRy-aR, Gerperatien, ether It e-Gernp e ds any ow , 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. RI CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Page 11 of 36 Multi -Contractor Award Agreement i2023_ver.21^�O Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. 71 QHANGEVN TE Wo R. wt;er-�ktave4he--right-at-�f nL-d-ufii4g-th -p"Fes {'. ,,,��rlr to ir,nwr_.rsee eF ,-1.e_e44 �nr--�- �^fk—. I�„rGmp*-af�yF� being netif+B -�FlQ-e tFentFYa �p7}l It an itefflL L-zed �ate-e1�Y��`tlme foresees F-"pefty,jy or-as-L-xpreGsly set fer heFei., no addltien- inereased-eem Y �� �`� ��II , ,.�,#' Anr in authr.ri�� g13Ly--WGrk-G �}� T Af'"GZTf'fit nhnll l-..-... wiplimise '(�a1rrr.ri rtiF� flr.-jin•+ + et at the time sueh �ViY1ns aFe- liL�19F6!ed.. 'ate- tYis Agfee ent, hall be is red and _FT rX.. .. f . UJAM 29. ❑■ 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. 30, 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. 31. F■ 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. 32. 0 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, Page 12 of 36 Multi -Contractor Award Agreement 12023_ver, 21 CAO Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C, Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall reestablish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33, EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor falls to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. i il- + ' - G �aii s wip C .1 1.,. ti 'r C J w C r i C a I IQ�- Moir, __ - • y r. A r Page 13 of 36 Multi -Contractor Award Agreement [2023_ver.2]'�� IMPY.O." KW"I" - MO i a= r • C — — C J — i C � M. . + 35, ❑ iFlFfltQr-+n'mA TY- the -goods, ' mate' s -e" 4�faT Mi will- &a le th"bosh i.,t,,..ded 9e49--sl-be-deliveFel4F i-any-th4"eided undeF thin / gre meM shall-� l ed W dn-n + fess i9fal _ r }.nrld�trlr v izan �v i gee :TT'RRT�f = ■ MW . y — 36. 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. 37. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. Page 14 of 36 Multi -Contractor Award Agreement '�D [2023_ver. 2] 38. 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. 39, VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 40. ❑ KEY PERNW€L. The ##is - µ - - �T7ta:FTJ 717r T t/+r,7•�r.�LR L.l i -ffP4W1M -W. - .. _ - - LIN L— 'C „ - p * ^ .. M -• 1•❑ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. ❑ 0RDW2 0F42REGED€NGEI e of anY-son#1ist--betweeR eF among -tie s of y-�th e GentFst-BeGumeTt e tef sr-ef-�lisitation-4be--Ceatfaeter�&-Pfepgsa4 andl ie Gou t0-Ma-r-d 9mved-&-e9utive Summary, theetas-shaft take pre edeRe - ❑■ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take Page 15 of 36 Multi -Contractor Award Agreement [2023ver.2] CAO precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract ❑ocuments upon the Contractor at County's discretion. 42. 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. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time 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-FM0PS colliercount fl. ov) 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. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 44, ❑W SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for Page 16 of 36 Multi -Contractor Award Agreement t2023_ver.2j `{_�� 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. [Signature page to follow] Page 17 of 36 Multi-Contr@Gtor Award Agreement [2M—ver.2] ono IN WITNESS WHEREOF, the parties hereto, by an authorized person or went, have executed this Agreement on the dale and year first written above. ATTEST: Crystal K. Kinxel, Cleric of the Circuit Court and Comptroller By; Dated: (SEAL) Contractor's Witnesses: C ntract is rirst Wi ess Aeu-) m TTypelprint witness namet * � - Contractor's Second Witness a fTypelprint witness name' Approve a and Legality: my Attorney ame BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA on Chris Ha Woods and Wetlands, Inc. Contractor , Chairman By: SignatZe r tJ` •r am. r , e- TT pelprint signature and titleT Pogo 16 of 36 Mahal -Contractor Award Agfeement } pm-ver.21 �� Exhibit A Scope of Services E-1 following this page (pages 1 through 5 F1 this exhibit is not applicable Page 19 of 36 Multi -Contractor Award Agreement QqO [2023_ver.2] Invitation for Qualifications (1FQ) #23-8135 "Exotic and Nuisance Vegetation Removal" Exhibit A Scope of Services DETAILED SCOPE OF WORK - Contractors awarded under this Agreement shall provide exotic, nuisance, and other vegetation control services for departments Countywide, on an "as -needed basis." Management of non-native invasive plants, nuisance, and other vegetation includes mechanical, chemical, and physical methods or a combination of them. The work areas may be in the right-of-way, easements, county -owned or operated facilities, residential neighborhoods, preserves, County owned parks or remote and isolated locations. Contractors performing the work shall follow invasive plant laws as described in the link, IittpsJlw .w,fdacs.g_ov/Forest- Wildfire/Oui'-Forests/Forest-FlealthlInvasive-Nor-Native-Plants/Invasive-Nan-n tiv - Plant -Laws, and the Florida Invasive Species Council [F1SC], current list of Florida Exotic Pest Plant Council [FLEPPC], Category I and 11 invasive plant species link, htt s:llfloridainva i es ecies.or / I ntlist20l9,efm when applicable. I. Service Requests Contractors shall have the ability, workforce, and equipment to perform the work. Requests may consist of but Are not all- Inclusive ofthe following: ] ]. Professional assistance services to provide the most effective methodology to remove and maintain vegetation. 1.2. Removal and/or maintenance of wetlands or cypress preserve vegetation. 1.3. Removal and/or maintenance of storm drains conveyance vegetation (canals, ditches, lakes, etc.). 1.4. Removal and/or maintenance of drainage easement vegetation. 1.5. Removal and/or maintenance of vegetation in County owned or managed properties (preserves, parks, and Facilities 1 A Clear trails in conjunction with exotic plant removal projects. 1,7. Chemical treatments of aquatic emergent, floating, Of sL.ibmersed exotic vegetation. 1.8. Ditch bank/shoreline vegetation extending rhizomes into titre water body. 1.9. Professional mangrove trimming. 2. Distribution of Work County Project Manager will request a lump sum quote for each project under the following criteria. 2.1. Projects with a value up to 200,000: 2.1.1. A Summary of Work and Request for Quotation will be sent to all Contractors. Completion time may be specified in the Request for Quotation. 2.1.2. The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimurn of seven (7) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.1.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. Pagel of 5 Exhibit A — Scope of Services, O Invitation for Qualifications (IF Q) #23-8135 "Exotic and Nuisance Vegetation Removal' 2.2. Projects with a value over $200,000 up to $500,000: 2.2.1. A Summary of Work and Request for Quotation will be sent to all the Contractors, Completion time may be specified in the Request for Quotation. 2.22 The Division's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of fourteen (14) calendar days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -quote meeting. 2.2.3. The Division's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, ifoutside the budget. 2,2A. Projects over $200,000 shall have a payment and performance bond and shall be provided prior to issuance of a Purchase Order. The payment and performance bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County, Completion time may be specified in the Request for Quotation, The County reserves the right to waive any or all these requirements and to separately solicit any job if in the best intere2 of the County. Projects exceeding the $500,000 threshold will he formally solicited. 3. Work Commencement The project shall commence upon issuance of a Purchase Order. The Contractor agrees that any Purchase Order that extends beyond the expiration date of the contract will survive and remain subject to the terms and conditions of the contract until the completion or termination of work. 4. Work Hours Monday through Friday from 7:00 a,m. to 5:00 p.m. Contractor may request approval from County staff to work outside the stated hours and workdays. There is no additional compensation for working oil weekends, holidays, or beyond the stated hours. 5. Work Schedules The County Project Manager may request work schedules prior to the commencement of services and updates if there are changes in the workdays. b. Project 5necifications County staff will develop a scope of work and specifications to meet the project needs. Listed below are examples of project specifications that may be incorporated in a County Project Manager's ❑r staffs quote requests. The examples provided are not an all-inclusive list of what may be requested. 6,1. Document pre -project and post -project site conditions and adjacent properties with photographic, video, or oth. means, 6.2. Global Positioning Sensor (GPS) tracks identifying work completed in the project areas, County staff may request the Contractor to submit GPS file tracks. 6.3, Pursuant to South Florida Water Management District Mclaleuca guidelines, felled trees may be neatly stacked with the approval of the County Project Manager (approval will be determined in advance). Page 2 of 5 Exhibit A — Scope of Services a�a Invitation for Qualifications (IFQ) #23-8135 "Exotic and Nuisance Vegetation Removal" 6.4. Ruts made in the soil must be removed by the vendor. 6.5. The removal of debris, trash, vegetation, hatiling away, and disposal at a legal disposal site shall be included in the lump sum price. No debris or vegetation disposal in waterways. 6.6, Installation of turbidity barriers. 6.7. The Contractor may be requested to coordinate work with other Contractors- G.S. Perform exotic vegetation treatment operations within the right-of-way and/or easements. Any equipment left in the right- of -way overnight shall be parked outside of the clear zone and as close as possible to the right-of- way line. No equipment shall be parked in the median regardless of the width of the median. 6.9.Cheinical treatment applications shall be conducted to protect non -target organisms, crops, the environment, and tl Public. 6.9.1. Locate and treat 100% of the Florida Exotic Pest Plant Council (FLF.PPC) invasive plants listed within the designated work area acres, with a ininilnnln of 95% of target plants being killed. F'LEPPC link below; htts://ww .firuies.or atewa lRuieNo.as ?ti le7rNTRODIJCTION%20QR%2OREI,E-ASE%20C1'%2 QPLAN'f %20PLSTS %20NOXTOU$°/20WEEDS %20ARTI-IROPOD %20AND°/20BlOLOGlCAL%20CQNTRO L0/620 AGENTS&ID=SB-57.007, 6.9.2. Application methods may include foliar spray, spot treatments, frill, and girdle, out stump treati-nents, basal bark, poodle cutting, and broadcast (liquid and granular). 6.9.3. Seedlings of some species in mixed plant communities may be hand -pulled to minimize the impact of herbicide on non -target vegetation. 6.9.4. Herbicide applications shall be carried out consistent with Environmental Protection Agency (EPA) and comply with all pertinent regulations set forth by the Florida Department of Agriculture and Consumer Services (FDACS). 6.9,5. Wind speeds at or exceeding ten (10) miles per hour (mph). The wind speed regulation may apply due to label restrictions or Florida's SE-2.033 Organo-Auxin Herbicides: Restrictions and Prohibitions rule, link below: htt s;//w w.Flrules.or atewa /R 1eNo.as ?i --SE-2.033. 6.9.6. Monitor dissolved oxygen (DO) when required by label and follow all label instructions related to DO. Do not apply herbicides if DO is below three parts per million (3 PPM) or authorized by the herbicide label. 6.9.7, The Contractor is liable for any penalty, fines, or damages resulting from the misuse of herbicides. 6.9.R. Retreatments will be conducted by the Contractor due to unsatisfactory work performance. Any nuisance or exotic vegetation still flourishing following past -treatment will require retreatments, at no cost to the County. 7. Pesticide Application Reenrds Maintain records relating to the application of pesticides and restricted -use pesticides, link: https•//www flrules oregateway/RLileNo.asp?ID—jE-9.032, The Contractor shall provide the records at the request of the County. S. Equinment Staging equipment and vehicles will need advanced approval by the County Project Manager. 'The work requests may require equipment that is in good working condition. Types of equipment for services needed but not limited to the following; 8.1.1. Small equipment: chainsaws, machetes, string trimmers, and brush trimmers. 8.1.2, Heavy equipment: cranes, bucket trucks, ditch witch, excavator, mulching head, etc, 8,1.3. Watercra ft /Ai rboat. 8, t ,4. Backpack sprayers for applying herbicides. 8.1.5. 1 leavy-duty composite protection mats, such as Dura-Base mats, for accessing environmentally sensitive locations with minimal surface and soil disturbance. Page 3 of S Exhibit A — Scope of Services Invitation for Qualifications (IFQ) #23-8135 "Exotic and Nuisance Vegetation removal" Contractor must ensure that all equipment (i.e., owned or rented vehicles, sprayers, etc,) is clean and free of potential exotic species to avoid transference prior to entering the project site to commence work. County staff reserves the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 9. lnfipections Onsite inspections may occur to monitor work progress and when the work is completed. Contractor shall e-mail the County Project Manager when the work is completed. The Contractor shall cure any deficient work as requested by the County and within the timeline provided. to. Cleat) Up Each workday removal of vegetation debris, trash, and load, ltttul, and dispose of it at a legal disposal site in accordance with applicable local and state laws, 10.1. Stockpiling is not permitted in the right -or -way. 10.2. The Contractor may be, required to return to the worksite to clean up, remove, and haul away fordisposal. 11, Damages The Contractor shall exercise care and protect all native vegetation at the project site. The Contractor is responsible for restoring or replacing all damaged native vegetation to the satisfaction of the County Project Manager, at no cost to the County where the Contractor's control operations occurred. 12. Overhead Utility Protection, The Contractor shall protect all utilities from damage and shall immediately contact the appropriate utility if damage should occur. The Contractor shall be responsible for all claims for damage due to their operations. The Contractor shall arrange with the utility for the removal of necessary limbs and branches, which may conflict with, or create a personal injuiy hazard in, conducting the operations snider this agreement. 13. Utilities The Contractor shall be responsible for exercising precautions while working near utilities; therefore, before digging, the Contractor must call Sunshine 811 at 811 or 800-432-4770, Monday — Friday from 7:00 a.m. — 5:00 p.m, Sunshine 811 requires two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 14. Tem1wi•ary Traffic. Control (TTC? If applicable, TTC will be required to the work being requested in the quote. The Contractor is responsible for providing a plan to set up TTC with the right equipment and proper placoment of lane closed signs, pre -warning signs, arrow boards, traffic cozies, message boards, warning devices, barriers, or flagmen, The Contractor is responsible for maintaining TTC while performing services in the right- of -way and roadways. 14.1. The Contractor must con Form to the latest edition of the I{DOT, Design Standards, 600 series, and The Mazzual on Uniform Traffic Control Devices (MUTCD). 14.2. Subcontracting TTC is authorized, Page 4 of S Exhibit A — Scope of Services Invitation for Qualifications (IFQ) #23-8135 "Exotic and Nuisance Vegetation Removal" 143. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's Certified TTC employee to meet County staff within twenty (20) m inutes of the initial contact to address work zone safety issues, 14.4. TTC setup that does not comply will have operations wascd until TTC is corrected per the FDQT standards ar MUTCD. 15. Road Alert- Mandatory Requirement Any lane closures require the Contractor to submit the Road Alert Notification Farm for Lane Closures and Road Closures via email to Collier County Transportation Management Services Department. Link to Download the Road Alert farm: htt s 1 www.colliercoun f7 ov/ overttment/tr ns ortation-mane gment- services/se iecslconstructian-and-m iyttenance- ublic-informationlro d-alerts . 16, 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. The following standards shall be maintained: 16.1. American National Standards institute/International Safety Equipment Association (ANSIMSEA) Class or 3 Vests, T- shirts, or similarly labeled garments depending on the time of day. 16.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles, where necessary, required by law or the BCC. 16.3. An applicable work zone TTC plan based on FDOT and/or MU'TTCD designs on site. 16.4. Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. Page 5 of 5 Exhibit A — Scope of Servicesr 1 U Exhibit B Fee Schedule ❑ following this page (pages through ❑■ this exhibit is not applicable Page 20 of 36 Multi -Contractor Award Agreement OqO [2023 ver.2) 0 this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at� (Business Address) are held and firmly bound to _ as Oblige in the sum of _ ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Princlpal has entered into a contract dated as of the day of , 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void', otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20,, the name of under -signed representative, pursuant to authority of its governing body. Page 21 of 36 Multi -Contractor Award Agreement [2023_ver.2] Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: Name: Its: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of _ 20 , by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No,: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Page 22 of 36 Multi -Contractor Award Agreement SL [2023_ver.2] As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _ of 20 , by as _ of , a corporation, on behalf of the corporation. He/she is personally known to me OIL has produced — as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 36 Multi -Contractor Award Agreement 0-70 [2023_ver.2] ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as Principal, and Bond No. Contract No, as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of _ ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. 20 WHEREAS, Principal has entered into a contract dated as of the , with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract, THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 24 of 36 Multi -Contractor Award Agreement j2023_ver.21 '�a This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20—, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF By: _ Name: Its: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this of 20 , by as — of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) FMi M (Legibly Printed) Notary Public, State of Commission No.: Page 26 of 36 Multi -Contractor Award Agreement [2023_ver.2] O ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 26 of 36 Multi -Contractor Award Agreement (2023_ver.2] �D 0■ this exhibit is not applicable EXHIBIT ❑ RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF( 1 Before me, the undersigned authority, personally appeared after being duly sworn, deposes and says: who (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20� for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, materiakmen, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor- (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: (DATE: [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑ physical presence or 0 online notarization, this of _ 20—, by , as of _ a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public -State of Florida) (Legibly Printed) Notary Public, State of Page 27 of 36 Multi -Contractor Award Agreement r� , [2023_ver.2] r, , (AFFIX OFFICIAL SEAL) Commissioner No.: FN7 this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. through the Date: RE: ect Name) Original Contract Time: Revised Contract Time: Date $ (Contractor's Name) (Contractor's Address) Retainage @ 10% thru [insert date] Retainage @7a _% after [insert date] Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ for Work accomplished Proj Original Contract Amount: Total Change Orders to Revised Contract Amount Total value of Work Completed and stored to Date $ Less previous payment (s) N % AMOUNT DUE THIS % APPLICATION: ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection Page 28 of 36 Multi -Contractor Award Agreement [2023yer.2] with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: Title) (DP's Name) (Signature) (Type Name & Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page 29 of 36 (Signature) DATE: (Type Name and Title) �f ?� Multi -Contractor Award Agreement 12023 ver-2) O this exhibit is not applicable ❑ Contract Modification EXHIBIT F CHANGE ORDER ❑ Work Order Modification Contract #: Change M = Purchase Order #: Project M ContractorlFirm Name. Project Name: Project Manager Name: Department: Original ContractlWork Order Amount Original 8CC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration hate (Master) Dollar Amount of this Change 4DIVICI Total Change from Original Amount Revised Contract)Work Order Total $ 0,00 #QIVI01 Change from Current BCC Approved Amount Cumulative Changes $ 0.001 #DIV101 Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original = Last Approved Revised date Completion Caplction Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included In the original contract; and, 3.) describe the impact If this change is not processed. Attach additional information from the design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract I work order indicated alcove, as fully as if the same were stated In this acceptance. The adjustment, If any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor 1 Vendor I Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor I Vendor I Consultant I Design Professional and Name of Firm, if project applicable) Approved by: Date; (Design Professional and Name of Firm, if project applicable) Approved by: (Procurement Professional Page 30 of 36 Dale. Multi -Contractor Award Agreement (2023_ver �Q # this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To �@MI AV And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL, COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows. Page 39 of 36 Multi -Contractor Aware! Agreement [2023_ve r RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional By: Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on 20 M CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on Zia 0 OWNER Type Name and Title Page 32 of 36 Multi -Contractor Award Agreement (2023_ver. 0 MR this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINFFR'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 33 of 36 Multi -Contractor Award Agreement [2023—ve Executed by Design Professional on Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20— CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 12D` By: OWNER Type Name and Title Page 34 of 36 Multi -Contractor Award Agreeme ' [2023,verq� '1 M this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR; CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR By: Attest: Page 35 of 36 Multi -Contractor Award Agreement Other Exhibit/Attachment ❑escription: Federal Contract Provisions and Assurances RI following this page (pages 1 -- through 11 ) F] this exhibit is not applicable Page 36 of 36 Multi -Contractor Award Agreement [2023_ver,2] C�Q EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract ! Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives, 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards * 44 C. F. R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities a FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any ❑f their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed_ (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract Is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200,321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seat, Logo, and Flags. The contractor shad not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe, aggregates such as concrete; glass, including optical fiber; and lumber. License and ❑elivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. ❑ata, as used Herein, shall include any work subject to copyright under 17 U,S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 O"r'a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #406-143-1 Prohibitions on Expending FEMA Award funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2919, Pub. L. No. 116-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons, (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (III) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (1). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to, 0). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor Is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer r EXHIBIT I - 3 EXHIBIT I FEDERAL_ CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts, The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments, Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U,S.C, Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F,R- pt. 180 and 2 C.F.R. pt_ 3000, As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180,905) are excluded (defined at 2 C.F.R. § 180,940) or disqualified (defined at 2 C.F.R. § 180.935)- (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, ❑fficer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I- 4 r i EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000),. Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U,S,C, 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements, No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages_ in addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section- (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shalt insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R_ § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of tabor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 IS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Glean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2, The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150.000 financed in whole or In part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000). 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1,4): Except as otherwise provided under 41 C.F_R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F_R. § 60-1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post In conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, lncluding sanctions for noncompliance; Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT 1- 7 S ( Collier County Solicitation 2MI35 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (11) the subcontractor Is bound by all applicable state and federal laws and regulations, and (ill) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing Its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements Identified in this document. VendorlControctor Name Woods and Wetlands, Inc. Date July 10, 2023 Authorized Signature EXHIBIT I - 8 61912423 3:15 PM 76 Collier County Sulleitetion 23-6135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, ceclifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Woods and Wetlands, Inc. By, K-z-w-w - signoT David Quinlan, President Name and Title 18731 Durrance Rd Street Address North Fort Myers, FL 33917 City, State, Zip UE1 Unique Entity Identifier (for SAM.gov verification) July 10, 2023 Date Sub -Recipient Name: DEM Contract Number: FEMA Project Number: Collier County Board of County Commissioners TB D TBD EXHIBIT I - 9 &. 36 61912023 3:15 PM 77 Collier County Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT 5tattes %,.,& b* we W". Urritr0444 614tu143 wilt rAquire the PRiuIE to &Ker pre"a a ra4iSt4 statement Or pro Ade sRurce dacumentatian that vetldates a statr,s. A, PRIME VENDORICONTRACTOR INFORIVIA-rIC1N PRIME NAME f AINAE KIDNUMBER CONTRACT DOLLAR AMOUNT Woods and Wetlands, Inc 27-3519783 ISTHEPRII.tEAFiORIUA•CER71FI#OOt5Ap':ArlirGEO, wrmArI V P lS1rrEA(MV11YOFT➢4LSCIOWAACr,-. P.wi t#T oKwoMEY(LUSIHESSE.iITZRPFISV I)DO, y N Coital AUCTION ? V 4l {Ilbf/ha6Erv11SE l 011 "WE A SArall IoaSABI AMiAa}gd $1JsmtsSaAcfRT1fWATi0NFROMTHEVAA LBUSINESS MOE Y dfJT65l1LTAltO##�S Y #i A.01t,NISTRATtOW ASERVICEDISAWOV00ANI wee? v N OTHER? t# 0 B -W V aS THIS WMAISSIOU A, AEVISIUt`I? V lljq,ip1t5,rmvisirmuumvek 5. IF fm WIF HAS SUBCONTRACTOR OR SUPPLIER WHO IS A WADVANTACAD MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO CC1MPLUE THIS NUT SI-C'nON UAE Pot,+tp a SUjK0t4TRAL'7O4 OR supmEA TYPt Or WORX OR CrPINKOY CO" sub/SUPPIt -R PWIFIFT OF CONTRACT VETEA�SN NAME SPECIALTY i5an Seiow DDC AR AMOUIIT OaLL4A S TOTALS; . SECTION TO HE C OMPL.E- ED SY PRIME VENDORICONTRAC;TOR NAMI CIF suisiArrTflk DATE Tt71f AG su'Wrrrm David Quinlan July 10, 2023 President [htAiL¢OtaRE;S CrF PRtMG (SUanstrritFq TELtVKONE NUMEKIt FAX NUMCatk david@woodeandwetlands.cn 239-GG7 i k35'7 MA FA A1orc mu irlformiwoo is medto taack and report atNi+jpated psi w t,4VF paniapik6w In federally, funded comacb. Ttre lmiBp+tedl ON of M9E ammat ii-luattry end 4Yill flat Wimp part a1i the rarioww al ttrm%. 71fi Ica m o%mk t th tutn0ted at time of f t'Fjld m 10 a sn4 Raman. It and w 1wrr arwwoetl a county wn7rao the p+'iarit+xil1 he asked tV 11plf4 Y9vx fatic rntat for the grant ca+taplibm a sates. black AmetlCallDA HISPRnirAnw iCan HA Native Arroefican NA 5uix0alT.k;poAlrmmcan 5AA Alien. Pacf%,� r tiCan APA noil mlrwa ty Womerl NIAW _ �tfter nartdnn atlt+dr rat IEst�r,1 4 D. SECTION TO BE COMPLETED BY COLLIER COUNTY OEP4aTMENTt1AMt C?l4aERCYIkiRRCTR IlElihtParGOfhf GRANT PFLOG RAMt C0f1TkACT 6Fdt' ACC€PTEO bY: txmitfli I-w tiI#1l2023 315 PM 78 �--CJ) P, 37 collier county Solicitation 23-8135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION Abe submitted with. each bid or offer excoedin 100 000 The undersigned (Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal, contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- L.L.L., "Disclosure Form to Report Lobbying," in accordance with its instructions. 3_ The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C, § 1352 (as amended by the Lobbying Disclosure Act of 1995), Any person who fails to file the required certification shall be sub#ect to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C, § 3801 et seq., apply to this certification and disclosure, if any, Woods and Wetlands, Inc. Contractor (Firm Name) Signatu f Contractor's Authorized Official David Quinlan, President Name and Title of Contractor's Authorized Official July 10, 2023 Date EXHIBIT I -11 61W2023 3:15 PM 79 Sp. 38