#24-8206 (Freedom Environmental, LLC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP RECEIVED
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO AUG 2 7 2024
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Co ne
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Coun U rlagement
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management -5 IJ CI ii/2 EI
2. County Attorney Office County Attorney Office ek$fr
4. BCC Office Board of County
Commissioners , L fib '2f z'//Z Y
4. Minutes and Records Clerk of Courts Office r l Aii9e/a'03
U/077 ,gzit
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Osmanis Nieves Borjas-Procurement Contact Information 239-252-2220
Contact/Department
Agenda Date Item was August 27,2024 Agenda Item Number AGENDA#
Approved by the BCC 16.G.2
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A [24-82061 Freedom
number if document is Freedom Environmental,
to be recorded
Environmental, LLC
LLC
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be ONB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the ONB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ONB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on August 27,2024,and all changes N/A is not
made during the meeting have been incorporated in the attached document. The S�t/�h an option for
County Attorney's Office has reviewed the changes,if applicable. ( this line.
9. Initials of attorney verifying that the attached document is the version approved by the / N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the Jp't l mb an option for
Chairman's signature. ttt this line.
GENERAL SERVICE AGREEMENT
# 24-8206
for
Mangrove Restoration for Marco Island Executive Airport
THIS AGREEMENT, made and entered into on this 47 day of v5 v S'I' 20 24 ,
by and between Freedom Environmental, LLC
authorized to do business in the State of Florida, whose business address is
11195 S. Knightwood Pt., Homosasa, Florida 34446 , (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a one ( 1 ) year period,
commencing ❑■ upon the date of Board approval; ur❑ upon
and terminating one ( 1 ) 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 thc consent of thc Contractor, renew thc
Agreement under all of the terms and conditions contained in this Agreement for
( ) additional ( ) 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 LI Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of ❑ Request for Proposal (RFP) 0 Invitation to Bid (ITB) ❑
Other ( )# 24-8206
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 compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
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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.
4. THE AGREEMENT SUM.
n The County shall pay the Contractor for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by the
County's Contract Administrative Agent/County Project Manager or his designee
pursuant to the fees as set forth in Exhibit B- Fee Schedule, attached hereto and the
price methodology as defined in Section 4.1. Payment will be made upon receipt of a
proper invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
❑ The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of ($ ),
per County fiscal year, pursuant to the fees as set for in Exhibit B fee Schedule,
attached hereto and the price methodology as defined in Section 1.1. Payment will be
al by thc County's Contract
Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act".
❑ The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of ($ ),
based on services performed pursuant to thc quoted priced offered by the Contractor in
response to a specific Request for Quotation and pursuant to Price Methodology in
Section 4.1.
❑ The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of ($ ),
per County fiscal year, based on units/services furnished pursuant to the quoted priced
Price Methodology it) Section 4.1. PayiffcFit will be made upon receipt of a proper invoice
and upon approval by the County's Contract Administrativo Agouti Fejeet Manage and
in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Covernment
Prompt Payment Act".
4.1 Price Methodology (as selected below):
1.1 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.
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r thc amount of labor
' s and subcontractors to perform thc work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of
which it i of p ssible-to avccurately estimate the s-- „f the pr ect .,hen it i cted
that the project requirements would most likely change. As a general bucinesc practice,
these contracts include back up documentation of costs; invoices would include
number of hours warked a+ 4 g Bate by position {and company Of
,
other reimbursable documentation for the project.
0 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
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.
1.5 1i avcl and Reimbursable Expenses: Travel and Reimbursable Expenses must
be-approved in advance-in wri ing by the-Court T 'ay,l expenses shall be r ., b .-sed
as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage $0.41.5 per mile
Breakfast $6.00
Lunch $-1-1-00
Dinner $a-9.00
Airfare Actual ticket cost limited to tourist or coach
claw fare
Rental car Actual rental cost limited to compact or
standard size vehicles
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f t
Lodging Actual cost of lodging at single occupancy rate
with a cap of no morc than $160.00 per night
Parking Actual cost of parking
Taxi or Airport Limousine Actual cost of cithcr taxi or airport limousine
Reimbursable itcms othcr than travel expenses shall be limited to the following: telephone
items will be paid only after Contractor has provided all receipts. Contractor shall be
responsible for all other costs and expenses associated with activities and solicitation)
undertaken pursuant to this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531C.
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: Freedom Environmental, LLC
Address: 11195 Knightswood Pt.
Homosasa, FL 34446
Authorized Agent: Brett Fitzgerald, Vice President
Attention Name & Title:
Telephone: (561) 707-8923
E-Mail(s): Brett@freedom-environmental.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: Operations & Performance Management
Division Name: Darren Hutton
Address: 2005 Mainsail Drive
Naples, FL 34114
Administrative Agent/PM: Brad Beadles,
Telephone: (239) 359-4407
E-Mail(s): Brad.Beadles@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.
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7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
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.
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General Service Agreement[2024_ver.3]
12. INSURANCE. The Contractor shall provide insurance as follows:
A. ❑� Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. ❑� 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. (i 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. El Professional Liability: Shall be maintained by the Contractor to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Contractor waives its right of recovery against County as to any claims under
this insurance. Such insurance shall have limits of not less than $ 1,000,000 each
claim and aggregate.
❑Cyber Liability Covcragc shall have minimum limits of$ per claim.
❑ _ Covcragc shall
have minimum limits of$ per claim.
G:❑ : Covcragc shall
have minimum limits of$ per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
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Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
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 Airport Authority
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services,
■❑ Exhibit B Fee Schedule, n R41/ ❑■ ITB/❑ Othcr
#24-8206 , including Exhibits, Attachments and Addenda/Addendum, ❑ cubscqucnt
quotcs, and ❑Othcr Exhibit/Attachmcnt:
17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to
the terms of this Agreement.
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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; 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:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(a�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
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.
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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. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
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If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. ■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.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
25. ❑■ WARRANTY. Contractor expressly warrants that the goods, materials and/or
equipment covered by this Agreement will conform to the requirements as specified, and
will be of satisfactory material and quality production, free from defects, and sufficient for
the purpose intended. Goods shall be delivered free from any security interest or other
lien, encumbrance or claim of any third party. Any services provided under this Agreement
shall be provided in accordance with generally accepted professional standards for the
particular service. These warranties shall survive inspection, acceptance, passage of title
and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under
the Contract Documents shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after
receipt of written notice from the County. Contractor shall also be responsible for and pay
for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. These warranties are in addition to those implied
warranties to which the County is entitled as a matter of law.
26. ■❑ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
ordinances, rules or regulations of any public authority having jurisdiction over the Project
requires any portion of the Work to be specifically inspected, tested or approved,
Contractor shall assume full responsibility therefore, pay all costs in connection therewith
and furnish to the County the required certificates of inspection, testing or approval. All
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inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the County.
27. ❑■ PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
to replace such loss or damage shall be deducted from any amounts due to
Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
Page 11 of 18
General Service Agreement[2024_vcr.3]
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. ■❑ KEY PERSONNEL. The Contractor's personnel and management to be utilized for
this project 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 the services on a timely basis, and each person
assigned shall be available for an amount of time adequate to meet the required service
dates. The Contractor shall not change Key Personnel unless the following conditions are
met: (1) Proposed replacements have substantially the same or better qualifications
and/or experience. (2) that the County is notified in writing as far in advance as possible.
The Contractor shall make commercially reasonable efforts to notify Collier County within
seven (7) days of the change. The County retains final approval of proposed replacement
personnel.
■❑ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. ■❑ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of solicitation the Contractor's Proposal,
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
❑ ORDER OF PRECEDENCE (Grant Funded). In thc event of any conflict bctwccn or
among tho torms of any of tho Contract Documcnts and/or thc County's Board approvcd
Exccutivc Summary, the tcrms of thc Agrccmcnt 3ha11 take prcccdcncc over thc terms of
all other Contract Documcnts, cxccpt thc tcrms of any Supplcmcntol Condition3 ahall take,
procedoncc over thc Agrccmcnt. To thc extent any conflict in thc terms of thc Contract
Documents cannot lie resolved by applicatiui , ' ,
Page 12 of 18 G
eneral Service Agreement[2024_ver.
obligation under the Contract Documents upon the Contractor at County's discretion.
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and
properties. Contractor ID badges are valid for one (1) year from the date of issuance and
can be renewed each year at no cost to the Contractor during the time 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.
38. SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable
rules and regulations. Also, all Contractors and subcontractors shall be responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
Page 13 of 18
General Service Agreement[2024_ver.3]
�CAO
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
(Intentionally left blank-signature page to follow)
Page 14 of 18
General Service Agreement[2024_ver.3]
. CAO
o
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of the Circuit
Court and Comptroller
B : r `-V� i
Y By:
Chris all , hairman
Dated:
(SEA
Attest as`-to Chairman's
L. signature only
Contractor's Witnesses: Pz94eict. V n►4,4-a
Contractor •J Ltd
By:
C4/4
irst Witness
ic4447 i L. Aft-/z./L TType/pri signature and titleT
TType/print witness nameT
!vim Ii
Contra.' is Second 1... ness
i\A-e a.r Pt . (Zt noy
TT /print witness nameT J
A a to Fo n Legality:
Coun A omey
Print Name
Page 15of18
General Service Agreement[2024 ver.3
Exhibit A
Scope of Services
1 7
❑ following this page (pages through )
❑ this exhibit is not applicable
Page 16 of 18
General Service Agreement[2024_ver.3]
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Invitation to Bid (ITB) No. 24-8206
"Mangrove Restoration for Marco Island Executive Airport"
EXHIBIT A
SCOPE OF SERVICES
BACKGROUND
The Florida Department of Environmental Protection (FDEP) Permit No. 11-0129042-002 was issued to Collier
County for the construction of the parallel taxiway and apron expansion at the Marco Island Executive Airport.
During construction, 0.50+ acre of mangrove wetlands located immediately west of the apron expansion area
were inadvertently impacted (i.e., cleared and filled). The impacted mangroves were mitigated as part of the
parallel taxiway and apron expansion project.
This project seeks to restore a portion of the mangroves that were originally affected by the taxiway expansion
project. The FDEP has requested that additional re-planting work be completed due to the marginal growth
success of the original mitigated plantings.
The Mangrove Restoration Project for Marco Island Executive Airport is located at the airport in an area adjacent
to the northwestern boundary in Sections 23, 26, and 35; Township 51 South; Range 26 East; Collier County.
Restoration activities are for an area of 0.24+ acres.
DETAILED SCOPE OF WORK
The work includes furnishing all labor, supplies, equipment, and materials; and performing all operations in
connection with the surveying, spreading organic material, and planting of mangrove species according to the
specifications attached herein, Attachment A-Technical Specifications (attached hereto this Exhibit A).
The installation of mangrove plantings shall be completed within 115 days from issuance of a Notice to Proceed,
and in accordance with Table 2—Work Schedule, located within the attached Technical Specifications.
Page 1 of 1
Exhibit A—Scope of Services
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MARCO ISLAND EXECUTIVE AIRPORT
MANGROVE RESTORATION TECHNICAL SPECIFICATIONS
Revised January 2024
1.0 INTRODUCTION
This document contains the mangrove restoration technical specifications for the Marco Island
Executive Airport (MKY) Mangrove Restoration Area (Project). The Project is located adjacent
to the northwestern boundary of MKY in Sections 23, 26, and 35; Township 51 South; Range 26
East; Collier County (Figure 1). Florida Department of Environmental Protection (FDEP) Permit
No. 11-0129042-002 was issued for the construction of the parallel taxiway and apron expansion
at MKY. During construction activities associated with the parallel taxiway and apron expansion,
0.50± acre of mangrove wetlands located immediately west of the apron expansion area were
inadvertently impacted(i.e., cleared and filled). The Project area is depicted on Figure 2.
These technical specifications include the following restoration activities for areas totaling 0.24+
acre within the Project: 1) completing a topographic survey to document existing site elevations;
2)spreading organic material(i.e.,muck); 3)conducting an as-built survey of the mangrove impact
area to ensure that 1.0±foot North American Vertical Datum(NAVD)is achieved;and 4)installing
mangrove plantings. The restoration areas are depicted on Figure 3.
2.0 SCOPE OF WORK
The work includes furnishing all labor, supplies, equipment, and materials; and performing all
operations in connection with the surveying,spreading organic material,and planting of mangrove
species according to the specifications herein.
2.1 Topographic Survey
The restoration areas will be surveyed prior to initiating restoration activities to determine
the existing elevations. Once existing elevations are documented,the restoration areas will
be hand-leveled to match the existing elevations of the adjacent undisturbed mangrove
wetlands (1.0±feet NAVD).
2.2 Spreading of Organic Material
Organic material (i.e., muck) will be imported and spread to achieve the 1.0± foot NAVD
target elevation within the restoration areas. The source of the organic material must be
pre-approved by the owner and the owner's representative. Muck is defined as a soil
material with a minimum content of organic carbon that ranges from 12 to 18 percent
(Florida Soil Conservation Service Soil Survey Staff, 1992). Once the organic material has
been spread,the restoration areas will be leveled using hand methods(e.g.,raking)to match
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1.0±feet NAVD. Additionally,an as-built survey of the restoration areas will be completed
to ensure the 1.0+foot NAVD elevation is achieved.
2.3 Installation of Mangrove Plantings
Once the spreading of organic material has been completed,native mangrove tree plantings
will be installed in the restoration areas. Mangrove plantings will be installed in
accordance with Table 1. Existing mangroves in the Project area will remain undisturbed.
Table 1. Mangrove Tree Plantings
Minimum Minimum Planting
Common Name Scientific Name Height Container Instruction
Size (on center)
White Mangrove Laguncularia racemosa 2 ft. 3 gal. 5.5 ft.
'Planting quantities are based on plantings for 0.24±acre restoration area.
2.4 Work Schedule
Activities associated with the implementation of the mangrove restoration activities shall
be in accordance with Table 2 below.
Table 2. Work Schedule
Completion Date Activity
30 days from NTP Topographic Survey of Existing Conditions
60 days from NTP Spreading of Organic Material
90 days from NTP As-Built Survey
115 days from NTP Installation of Mangrove Plantings
3.0 MANGROVE RESTORATION BID INFORMATION
The following information is provided to assist the contractor in preparing a bid for the Project.
Table 3 provides the spreading of organic material and mangrove plantings. Additionally, the
contractors will be responsible for having the topographic surveys completed.This can be done by
sub-contracting a survey team if necessary.
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Table 3. Topographic Survey and Spreading of Organic Material
Item Description Acreage'
1.0 Topographic Survey Documenting Existing Elevations
2.0 Importation and Spreading of Organic Material 0.24
3.0 As-Built Survey Documenting Targeted 1.0+Foot NAVD
Total 0.24
'Based on restoration areas depicted on Figure 3.
The contractor will be responsible for installing the tree quantity outlined in Table 4 below. The
planting specifications must follow those outlined in Section 2.3.
Table 4. Mangrove Plantings Quantity
Item Planting Stratum Quantity'
1.0 Mangrove Tree Plantings 346
'Planting quantity is based on 0.24+acre restoration area.
4.0 REFERENCES
Florida Soil Conservation Service Soil Survey Staff. 1992. Soil and Water: Relationships of
Florida's Ecological Communities. USDA-NRCS.
https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/
documents/soil-and-water-relationships
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P.F. 8/10/23 13620 Metropolis Avenue
MARCO ISLAND EXECUTIVE AIRPORT 99HMA449
Suite 200
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B.T. 8/10/23 Ft.Myers,FL 33912 PASSARELLA MANGROVE RESTORATION AREA SHEET No
i 0.IA,ISLD RATE Phone(239)274-0067
- -ft SSOCIATES AERIAL WITH BOUNDARY
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PL OF DECEMBER 2022.
BOUNDARY OF AIRPORT EASEMENT PER 2001
M.O.U.,PROVIDED BY HOLE MONIES,INC.
go P.F. 8/10/23 13620 Metropolis Avenue nxewi"c",,. CAO
xE",mot „,E s"to zoo MARCO ISLAND EXECUTIVE AIRPORT
i. B.T.x 8/10/23 Fr.Myers,FL 33912 ASSARELLA MANGROVE RESTORATION AREA 99FIMP.449
vrao o.n Phone(239)274-0067 '' ,P s"tt'""
Fax(239)2740069 - is x.& ASSOCIATES AERIAL WITH RESTORATION AREA FIGURE 3
1
Exhibit B
Fee Schedule
■❑ following this page (pages 1 through 1 )
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Page 17 of 18
Gencral Service Agreement[2024_ver.3] CA ).)
Exhibit B
Fee Schedule
ITB #24-8206 Mangrove Restoration for Marco Island Executive Airport
Freedom Environmental, LLC
Line Item DESCRIPTION OF WORK UNIT QTY Unit Cost I TOTAL
1.0 SURVEY REQUIREMENTS
1.1 Existing Condition Survey and Staking LS 1 $3,420.00 $ 3,420.00
1.2 As-Built Survey LS 1 $2,680.00 $ 2,680.00
SURVEY REQUIREMENTS-TOTAL $ 6,100.00
2.0 ORGANIC MATERIAL(I.E.,MUCK) IMPORT AND SPREADING
2 Organic material import and spreading CY 200 $127.50 $ 25,500.00
ORGANIC MATERIAL IMPORT AND SPREADING -TOTAL $ 25,500.00
3.0 WHITE MANGROVE TREE PLANTINGS
3 3 gallon white mangrove plantings with
minimum height of 2 ft. each 346 $52.25
$ 18,078.50
WHITE MANGROVE TREE PLANTINGS-TOTAL $ 18,078.50
4.0 MOBILIZATION
Mobilization to include removal and
4 replacement of fence each 1 $4,500.00 $ 4,500.00
MOBILIZATION-TOTAL $ 4,500.00
TOTAL BID AMOUNT $ 54,178.50
CAO
Other Exhibit/Attachment
Description:
❑ following this page (pages through )
0 this exhibit is not applicable
Page 18 of 18
General Service Agreement[2024_vcr.3] CAO