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Agenda 04/22/2025 Item #16E 1 (Approve an Assumption Agreement assigning all rights, duties, benefits, and obligations to Tigris Aquatic Services, LLC)4/22/2025 Item # 16.E.1 ID# 2025-1084 Executive Summary Recommendation to approve an Assumption Agreement assigning all rights, duties, benefits, and obligations to Tigris Aquatic Services, LLC. OBJECTIVE: To assign all rights, duties, benefits, and obligations concerning Agreement Nos. 22-7962 “Corporate Flight Drive Vegetation Maintenance,” 22-7963 “Goodlette Frank Rd Vegetation Maintenance,” 23-8077 “Aquatic Vegetation Maintenance,” and 23-8135 “Exotic and Nuisance Vegetation Removal” to Tigris Aquatic Services, LLC (“Tigris”). CONSIDERATIONS: The County awarded and entered into the following Agreements with DeAngelo Contracting Services, LLC. (“DeAngelo”): (1) No. 22-7962 “Corporate Flight Drive Vegetation Maintenance” on June 14, 2022 (Agenda Item 16.A.17), (2) 22-7963 “Goodlette Frank Rd Vegetation Maintenance” on May 24, 2022 (Agenda Item 16.A.12), (3) 23-8077 “Aquatic Vegetation Maintenance” on April 25, 2023 (Agenda Item 16.A.9), and (4) 23-8135 “Exotic and Nuisance Vegetation Removal” on March 26, 2024 (Agenda Item 16.B.3) (collectively referred to as the “Agreements”). On January 29, 2025, Tigris acquired DeAngelo as memorialized in the Asset Purchase Agreement and Bill of Sale included as Exhibit A to the attached Assumption Agreement. As a result of that acquisition, Tigris wishes to formally assume all responsibilities, obligations, and duties under the DeAngelo’s Agreements with the County. Tigris is registered to transact business in Florida and represents and warrants that it is now the successor in interest to the Agreements with the County. Staff obtained documentation of the acquisition, along with other necessary business documents, which have been reviewed and accepted by the County Attorney’s Office. Staff recommends approval of the attached Assumption Agreement assigning all rights, duties, benefits, and obligations under the Agreements, including any amendments thereto, to Tigris Aquatic Services, LLC. This item is consistent with the Collier County strategic plan objective to provide continual planning and operational support services to County Divisions. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: To approve an Assumption Agreement assigning all rights, duties, benefits, and obligations to Tigris Aquatic Services, LLC, concerning Agreement Nos. 22-7962 “Corporate Flight Drive Vegetation Maintenance,” 22-7963 “Goodlette Frank Rd Vegetation Maintenance,” 23-8077 “Aquatic Vegetation Maintenance,” and 23-8135 “Exotic and Nuisance Vegetation Removal,” and authorize the Chairman to sign the attached Assumption Agreement. PREPARED BY: Viviana Giarimoustas, Procurement Manager, Procurement Services Division ATTACHMENTS: 1. Tigris_Affidavit Regarding Labor 2. Assumption Agreement TIGRIS VS 3. TIGRIS COI Page 4773 of 6355 Page 4774 of 6355 Page 4775 of 6355 Page 4776 of 6355 .. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. ATTEST: Crystal K. Kinzel, Clerk & Comptroller By:-�---, Deputy Clerk Approve; a:l10 F�.!}� Legality: B y: l '£ ,,-Jeffre�'' 1 "' � ·i \New Company's Wnnesses: Lilli#// �ess Ffrsl'wM frm t _ 1<.n-y TType/print witness name i �� Second Witness D,4v,·b ?v//;-.r�tType/pdnt 'A-1itness namet BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:-----------Burt L. Sanders, Chairman TIGRIS Aquatic Services LLC Byit:_/� Signature :f � M rJ.A <-fk-.• CFo tType/print signature and title T Page 3 of 5 cA.0 Page 4777 of 6355 Page 4778 of 6355 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT 22-7963 for Goodlette Frank Road Vegetation Maintenance THIS AGREEMENT, made and entered into on this day of May 20 22 , by and between DeAngelo Contracting Services LLC authorized to do business in the State of Florida, whose business address is 527 S Church Street, Hazelton, PA 18201 the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three 3 ) year period, commencing upon the date of Board approval; or E I on and terminating on three 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two 2 ) additional one 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I I Request for Proposal (RFR) IUD Invitation to Bid (ITB) Other 22-7963 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ii The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 CA Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 O Page 4779 of 6355 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 III The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. nGthef Exhibit/Attachmcnt: 4 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1 . Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): satisfaction of the County's project manager before payment for the fixed price contract n ounty agrees to pay the con cticc, weuld-+ne e-of ray—(er subcontractor) deeumentatien-or the project. ill Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 0Page 4780 of 6355 47- 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. 4.3 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. 47,5 (sheee—if-appl4eable) mbursabIe--Expe:,ses: Travel and expenses-shall be reimbursed as per Section 112.061 Fla. Scats. Reimbursements shall be at the following rates: Mileage 4,44,5-per-Fnite Breakfast b 44,00 10.00 Airfare mited to cla&s fare Rental car Actual rental cost limited to compact or standard size vehicles Ledgilr+g Parking Aet+:ial-eest-ef-parking responsible for all other costs and expenses associated 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 r, „ Fixed Term Service Multi-Contractor Agreement 2022_Ver.I CA( Page 4781 of 6355 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: DeAngelo Contracting Services LLC Address: 527 S Church Street Hazelton, PA 18201 Authorized Agent: Jarrod DeAngelo, President/Member Attention Name & Title: Telephone: 570) 580-9100 E-Mail(s): Jdeangelo@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:Gerald Kurtz Division Name: Road Maintenance Division Address: 4800 Davis Blvd Naples, Florida 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone: 239) 252-5591 E-Mail(s): Melissa.Pearson@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 11) Page 4782 of 6355 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. 12. INSURANCE. The Contractor shall provide insurance as follows: A. (ii Commercial General Liability: Coverage shall have minimum limits of 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. a Business Auto Liability: Coverage shall have minimum limits of$ 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. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 Page 4783 of 6355 f la-of ss.iona-li-iabiti-ty- hail be male nstwe-+ts-legal this insurance. Such insurance shall have limits of not less than $ ch j I C leer Liabilij Coverage shall have , •• .m limits-of$ F. • Pollution Liability Coverage shall have minimum limits of$ 1,000,000 per claim. Coverage shall have minimum limits of$ per claim. n Gever-age shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 Page 4784 of 6355 Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ICI Exhibit A Scope of Services, Exhibit B Fee Schedule, REP/ 0 ITB/I I Other 22-7963 , including Exhibits, Attachments and Addenda/Addendum, scent motes7--an4 Lj Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 FAQ Page 4785 of 6355 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: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(ccolliercountvfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.l 011 Page 4786 of 6355 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. 23. • CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 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. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 Page 4787 of 6355 25. ; I WARRANTY, from any security interest or other ction, acceptance, passage of title fabricators, suppliers or processors except as otherwise provided for in the Contract Deetiments: of such replacement or repair. Terre warranties ar ddaition---te--these implA 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. [II PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. 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. Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I Page 4788 of 6355 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. 71 this project shall be knowledgeable in their areas of expertise. The County reserves the y-peepte-as ncccc dates. The Contractor shall not change Kc Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.10 Page 4789 of 6355 peFsen a-: n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. n 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. U ORDER OF PRECEDE.C.E_.(Gr.ran*t F•unded). In f between or Documents cannot be resolved by application of the Supplemental Conditions, if any, or 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 Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I Page 4790 of 6355 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@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Intentionally left blank -signature page to follow) Page13of17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.l Page 4791 of 6355 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K:,Kiin261,"Clet#R.pf the Circuit COLLIER CO ' DA Court and Comptroller...--, BBY: Ce) Y Willi; L. McDaniel Jr. Chairman Dated: S SEAL) ' Attest as to Chair ; signature only. Contractor's Witnesses: DeAngelo Contracting Services LLC Contractor DBA By: Con actor's First Witness atu e cf to, eS r c'rf- Man Type/print signat a and pre TType/print witness name t t C tractor's Second Witness IknoircjP(AAAoKon i S TType/print witness nameT App ved s t o 7d Legality: Couy Attorney rint ale Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.l r U. Page 4792 of 6355 Exhibit A Scope of Services n following this page (pages through 9 ) this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 0 Page 4793 of 6355 Invitation to Bid (ITB) # 22-7963 Goodlette Frank Road Vegetation Maintenance" EXHIBIT A SCOPE OF SERVICES This Agreement shall be awarded on a Primary/Secondary basis as follows: Primary Contractor: DeAngelo Contracting Services LLC Secondary Contractor: Superior Landscaping& Lawn Service, Inc. DETAILED SCOPE OF WORK This Agreement is for maintaining exotic and nuisance vegetation in and along drainage ditches that recently had significant vegetation clearing.The objective is for unobstructed stormwater conveyance waterways with an integrated approach to improve control results while minimizing non-target impacts. The work is considered essential to provide adequate flood protection for these areas. Most of the work is time-sensitive. To ensure continuity of services, the County shall have full authority to utilize the Secondary Contractor; if the Primary Contractor declines or fails to perform the work per the specifications, the contract may be subject to termination by the Board. This process applies to notice of default, suspension, or termination. 1. PERFORMANCE SPECIFICATIONS: The Contractor shall determine the means and methods in controlling the vegetation. Work area limits extend to all outfalls from adjoining roadside swales and fences. There is limited access for large or heavy equipment to mow, cut, or trim the vegetation, so work may require a combination of methods, such as manual labor, mechanical, and chemical. The Contractor shall provide supervision, labor, equipment, supplies, herbicides, chemicals, and materials necessary to maintain vegetation. The work consists of the following: 1.1. Remove and dispose of trash/litter and vegetation debris (fallen tree limbs and branches). 1.2. Trim vegetation (i.e., grass, weeds, shrubs, brush, bushes, tree branches, palm fronds, etc.) to three inches 3") on overbanks and side slopes. Do not trim below three inches (3") to prevent side slope erosion. 1.2.1. Vegetation on personal property that is growing beyond the right-of-way limits and onto overbanks, the Contractor shall only trim vegetation including branches and limbs that are protruding into the ROW limits. 1.2.2. Solid panel fences shall have vegetation removed on the face of the fence panels. 1.2.3. Chain link fences shall have vegetation trimmed that is projecting through the chain links.Trim flush to the fence. 1.2.4. Trim vegetation around structures, culverts, headwalls, signposts, light poles, and riprap within the work area limits as applicable. 1.3. Cut overhanging vegetation (trees, branches, limbs, fronds, shrubs, hedges, and dead material). 1.3.1. Vegetation overhanging into the ditch area shall be trimmed using an imaginary vertical line extending twelve feet (12') upward from the edge of the outer clearing limits/ditch. Page 1 of 9 Exhibit A—Scope of Services G l Page 4794 of 6355 Invitation to Bid (ITB) # 22-7963 Goodlette Frank Road Vegetation Maintenance" 1.4. Treat invasive and exotic vegetation on the ditch bottoms with herbicides and chemicals registered and labeled for application directly to water by the US Environmental Protection Agency (EPA) and Florida Department of Agriculture and Consumer Services (FDACS) may be used in Florida to control growing weeds in the water. Herbicide applied directly to water shall have specific label instructions for water applications. 1.4.1. Provide labor, materials, equipment, and herbicides, and other chemicals. 1.4.2. Herbicide applications shall be applied following label instructions. 1.4.3. Ensure crews have access to all appropriate labels and Safety Data Sheets (SDS)while transporting, mixing, or applying herbicides. 1.4.4. Comply with all pertinent regulations, including but not limited to the Organo-Auxin Rule, set forth by FDACS and National Pollutant Discharge Elimination System (NPDES). 1.4.5. Treat submersed plants rooted in the ditch bottom sediment and growing up through the water with sprays or granular formulations. 1.5. Vegetation growing in the open water areas shall be pre-treated with a proper amount of EPA-approved systemic herbicide that will absorb and be transported through the plant's vascular system, killing the entire plant(may take two (2) weeks or less). 1.5.1. The vegetation in the open water areas shall be cut at the water line approximately two (2) weeks after herbicide treatment and removed for disposal. The Contractor is encouraged to take photographic evidence of this operation, as the waterline may drop when the area is inspected. 1.5.2. The Contractor shall determine the application method. If the vegetation is thriving after the treatment,the Contractor shall treat again,ensuring no re-growth,at no additional cost to the County. 1.6. If applicable, treat Cattails approximately two (2) weeks prior to cutting and removing them, with a proper amount of EPA-approved systemic herbicide (applied by label) that will absorb and be transported through the plant's vascular system killing the entire plant. 1.6.1. The Contractor shall determine the application method. If the Cattails thrive after treatment, the Contractor shall treat again, ensuring no re-growth, at no additional cost to the County. 1.7. Each workday, remove and dispose of vegetation debris and trash/litter debris. Load, haul, and dispose of the debris in accordance with applicable local and state laws. 1.7.1. Stockpiling is not permitted in the right-of-way. 1.7.2. The Contractor may be required to return to the worksite to clean up, remove, and haul away for disposal. 2. LOCATION/WORK DESCRIPTION: Goodlette Frank Road (CR-851) is a six (6) lane road with a drainage ditch on the west side of the roadway. 2.1. Goodlette Frank Road —Location A: Goodlette Frank Road (CR 851) ditch is within the west 40 feet of right-of-way. It is located on the west side of Goodlette Frank Road from the roadside top of the bank to the west and the west side of the ditch, including the embankment/slope area, top of bank, overbank area to the Page 2 of 9 Exhibit A—Scope of Services Page 4795 of 6355 Invitation to Bid (ITB) # 22-7963 Goodlette Frank Road Vegetation Maintenance" western edge right-of-way, and ditch bottom. There are seven (7) work areas divided into sections due to side streets and roadways causing breaks in the ditch.The Contractor's crews will need to cross over roads to continue working.This area is hard to maintain due to the steep slope(2:1 grade)and the overbank area being very narrow(area between the top of the ditch and the western edge of the right-of-way). There is limited access for large or heavy equipment to trim the vegetation. Remove vegetation growth on the western boundary fence and trim vegetation flush on the Fabriform concrete lining. 2.1.1. Work Area- Section#1: Beginning approximately 300 feet south of Pine Ridge Road at the headwall to Pompei Lane and Pompei Lane to Granada Blvd. 2.1.1. 1.Access is from the road right of way and at intersecting streets. 2.1.1.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.1.3.Start at the headwall south of Pine Ridge Road to Granada Blvd. 2.1.1.4.East bank is constructed of Fabriform concrete lining with a northern 500 feet in rip rap. 2.1.1.5.A fixed weir is approximately 53 feet north of Pompei Lane. 2.1. 1.6.West bank has approximately 1,400 feet of specialty Hydro-Turf Z south of Pompei Lane. 2.1. 1.7.The work area section is approximately 1.94 acres (2,110 linear feet by 40 feet wide). 2.1.1.8.The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.1. 1.8.1. 1,440 LF Simtek panel fence off Goodlette Frank Road, on the western side of the drainage ditch, between Pompei Lane and Granada Blvd. 2.1.1.8.2.The vegetation is to be trimmed within the gravel area and the wooden fence on the westerly side of the ditch right-of-way. 2.1.1.8. 3.This area includes the fence lines on both sides of the fence. The vegetation is to be removed from both sides of the decorative fence panels. 2.1.1.8.4.This area does not include vegetation removal on the wooden fence to the west of the utility poles because the site is located on private property between Granada Blvd. and Sorrento Villas. 2.1.1.8.5.Simtek fence site access: Sorrento Villas of Naples may provide access to the site at 1400 Pompei Lane through permission from the property manager or entry off Granada Blvd. 2.1.2. Work Area- Section #2: Granada Blvd to Solana Road. 2.1.2.1.Access is from the road right of way and at intersecting streets. 2.1.2.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.2.3.The east bank is constructed of Fabriform concrete lining, and the south end has approximately 325 feet rip rap on the west bank. 2.1.2. 4.The work area section is approximately 2.21 acres (2,410 linear feet by 40 feet wide). 2.1.2.5.The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. Page 3 of 9 Exhibit A—Scope of Services41110 Page 4796 of 6355 Invitation to Bid (ITB) # 22-7963 Goodlette Frank Road Vegetation Maintenance" 2.1.3. Work Area- Section#3: Solana Road to Ohio Drive. 2.1.3.1.Access is from the road right of way and at intersecting streets. 2.1.3.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.3.3.The east bank is constructed of Fabriform concrete lining. 2.1.3.4.The work area section is approximately 2.41 acres (2,620 linear feet by 40 feet wide). 2.1.3.5.The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.1.4. Work Area—Section #4: Ohio Drive to Ridge Street. 2.1.4.1.Access is from the road right of way and at intersecting streets. 2.1.4.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.4.3.The east bank is constructed of Fabriform concrete lining. 2.1.4.4.The work area section is approximately .99 acres (1,440 linear feet by 30 feet wide). 2.1.4.5.The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.1.5. Work Area— Section #5: Ridge Street to 22nd Avenue North. 2.1.5.1.Access is from the road right of way and at intersecting streets. 2.1.5.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.5. 3.The east bank is constructed of Fabriform concrete lining. 2.1.5.4.The work area section is approximately 2.39 acres (3,475 linear feet by 30 feet wide). 2.1.5.5.The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.1.6. Work Area— Section #6: 22"d Avenue North to Golden Gate Parkway (Naples High School ditch). 2.1.6.1.Access is from the road right of way and at intersecting streets. 2.1.6.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.6.3.The work area section is approximately .2 acres (743 linear feet by 30 feet wide). 2.1.7. Work Area — Section #7: Golden Gate Parkway to Fleischmann Blvd (Coastland Mall ditch and Fleischmann Park ditch). 2.1.7.1.Access is from the road right of way and at intersecting streets. 2.1.7.2.The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.1.7.3.The work area section is approximately .18 acres (390 linear feet by 30 feet wide). 2.2. Goodlette Frank Road—Location B: On Goodlette Frank Road(CR 851),approximately 1,450 feet south Page 4 of 9 Exhibit A— Scope of Services Page 4797 of 6355 Invitation to Bid (ITB) # 22-7963 Goodlette Frank Road Vegetation Maintenance" of Orange Blossom Drive and moving north to Vanderbilt Beach Road. Goodlette Frank Road (CR 851) ditch is within the west 40 feet of right-of-way and drainage easement. It is located on the west side of Goodlette Frank Road from the roadside top of the bank to the west and the west side of the ditch, including the embankment/slope area, top of the bank, overbank area to the western edge right-of-way, and ditch bottom. Three (3) work areas are divided into sections due to side streets causing breaks in the ditch. The Contractor's crews will need to cross over roads to continue working. This area is hard to maintain due to the steep slope (2:1 grade) and the overbank area being very narrow (area between the top of the ditch and the western edge of the right-of-way). There is limited access for large or heavy equipment to trim the vegetation. The vegetation growth on the western boundary fence is to be removed. 2.2.1. Work Area - Section #1: Ditch is within a 40-foot drainage easement west of Goodlette Frank Road and south of Vanderbilt Beach Road right-of-way south to Carica Road. 2.2.1.1. Eastside access is from the County-owned property or right-of-way(FPL easement shares this location). 2.2.1.2. Westside access is within the 40-foot drainage easement and a 35-foot access easement along the eastern bank of Lake Bunting. 2.2.1.3. The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.2.1.4. The work area section is approximately 0.90 acres (950 linear feet by 40 feet wide). 2. 2.1.5. The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.2.2. Work Area - Section#2: Goodlette Ditch lies within a 40-foot drainage easement and partially the road right of way west of Goodlette Frank Road from Carica Road at the north, to Carica Road/Orange Blossom Dr at the south. 2.2.2.1. Eastside access is from the county right-of-way and the drainage easement on the west side at Carica Road north and south. 2.2. 2. 2. The ditch has a visible top of the bank. The ditch bottom remains wet for a portion of the year. 2.2.2.3. The work area section is approximately 3.58 acres (3,900 linear feet by 40 feet wide). 2.2. 2.4. The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. 2.2.3. Work Area - Section #3: Goodlette Ditch, south of Carica Road/Orange Blossom Drive, lies partially within a 40-foot drainage easement totaling 1,450 feet, transitioning to lie within the western road right of way of Goodlette Frank Road. 2.2.3.1. Eastside access is from the county right-of-way and the drainage easement on the west side at Carica Road south. 2. 2.3.2. The ditch has a visible top of bank. The ditch bottom remains wet for a portion of the year. 2.2.3.3. The work area section is approximately one (1) acre (1,450 linear feet by 30 feet wide). 2. 2.3.4. The work area extends up to the fence line, includes vegetation growing on ROW side of the fence. Page 5 of 9 Exhibit A— Scope of Services Page 4798 of 6355 Invitation to Bid (ITB) # 22-7963 Goodlette Frank Road Vegetation Maintenance" 3. MAINTENANCE CYCLES: The Division estimates issuing eight (8) cycles per fiscal year(October 1st— September 30th); however, cycles may adjust due to growing conditions or budgetary constraints. The estimated cycles are February, May, June, July, August, September, October, and December. 4. FEE SCHEDULE: Unit prices provided are inclusive of all costs to perform the work (i.e., labor, materials, herbicide applications, herbicides, chemicals, equipment, overhead, trash, and debris removal, hauling debris and disposal,disposal fees,mobilization,Maintenance of Traffic,etc.).The Contractor must perform to the satisfaction of the County's project manager before payment is authorized. 4.1. Exhibit B Fee Schedule has the following categories: 1. Vegetation Maintenance; 2. Ditch Herbicide Applications; and 3. Submersed Herbicide Treatments, and 4. Additional Services for Trash and Debris Removal. The services cycles are estimated and are dependent on growing conditions and the budget. 4.1.1. Vegetation Maintenance: Vegetation trimming and removal (mowing, mechanical, small equipment string trimmer, etc.), hand tools (machete, etc.), or manually removing (hand pulling), including trash/debris pickup, removal, loading, hauling, disposal (appliances, tires, construction/demolition debris, trash, litter, metals, etc.),transported to the County Landfill or other approved receiving site, and disposal fees. 4.1.2. Ditch Herbicide Applications: The Contractor shall purchase and apply herbicides for aquatic use and other chemicals to complete work. Unit price includes licensed supervisor, labor, herbicides, chemicals, materials, equipment, etc. 4.1.3. Submersed Treatments: The Contractor shall purchase and apply herbicides and/or chemicals for aquatic use to complete the work. Unit price includes licensed supervisor, labor, herbicides, chemicals, materials, equipment, etc. 4.1.4. Additional Service—Trash/Debris Pickup and Removal: A separate category line item to allow County staff to request additional services for trash/debris for pickup and removal (appliances, tires, construction/demolition debris, trash, litter, and metals, etc.). The removal and disposal include loading,transporting,disposal of all debris materials to the County Landfill or other approved receiving site, and disposal fees. 5. DEFINITIONS 5.1. Top of Bank/Overbank: defined as the stormwater conveyance channel/waterway area from top of bank plus one foot into the overbank area to the opposite top of bank plus one foot into the overbank area. Overbank IOne-foot((') Page 6 of 9 Exhibit A—Scope of Services Page 4799 of 6355 Invitation to Bid (ITB) #22-7963 Goodlette Frank Road Vegetation Maintenance" r raaore 11'Alil(? AS'Mt-NI i,efllne,Right of Way, fence line,eac... 4 CAS1MCNT WSUT (,:fries) 5.2. Maintained Easement: defined as the cleared area of the easement inclusive of the channel, top of bank and overbank. 6. GENERAL INFORMATION 6.1. No Permit: Collier County Right-of-Way permit is not required maintenance work. 6.2. Commencement: The Contractor shall commence the work upon issuance of a purchase order. 6.3. Final Inspections: Following services,the Contractor shall notify the Division Project Manager when the work is completed for a final inspection of the work. The Contractor will be notified when the finished work fails to comply with the specifications. 6.3.1. The Contractor shall immediately cure the deficient work,ensuring it complies with the specifications. 6.3.2. Upon completion of the deficient work,the Contractor shall notify the Division Project Manager when ready for re-inspection. 6.3.3. Division Project Manager shall make a final inspection of the work and inform the Contractor of any necessary repair work not completed. 6.3.4. The Contractor shall immediately complete all incomplete work and arrange for another re-inspection. 6.4. OSHA: Contractor shall employ and enforce OSHA safety compliant measures at the worksite to prevent injuries to workers, citizens, and the traveling public. 6.5. Erosion Control: State-compliant turbidity and erosion control devices are required at the work areas' downstream ends.No movement of turbid water will be allowed to flow downstream into the receiving canals. Appropriate erosion control measures, as deemed necessary, shall be installed and always maintained through all phases of maintenance activities. Page 7 of 9 Exhibit A— Scope of Services 0 Page 4800 of 6355 Invitation to Bid (ITB) # 22-7963 Goodlette Frank Road Vegetation Maintenance" 6.6. Mobilization: Contractor is responsible for mobilization/demobilization. 6.7. Maintenance of Traffic (MOT): The Contractor is responsible for setting up Maintenance of Traffic (MOT) 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, or its subcontractor, is responsible for maintaining MOT while performing services in the right-of-way and roadways. 6. 7.1. MOT is a requirement for the safety and protection of the Contractor's employees and motorists during services' performance. It is the Contractor's sole responsibility for safety in the work zone. 6.7.2. MOT shall conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 6.7.3. The Contractor is authorized to subcontract MOT. It is required that either the Contractor or subcontractor have current FDOT approved MOT or Temporary Traffic Control, Intermediate Level, Certification per FDOT, Design Standards, 600 series indexes. 6.7.4. The Contractor's employee or Contractor's subcontractor is responsible for the MOT plan and equipment setup and shall have current FDOT approved certification in their name. They must be readily available within twenty (20) minutes of the initial contact by County staff to address work zone safety issues. 6.7.5. MOT setup that does not comply with FDOT standards, the Contractor will need to cease operations until MOT is correct per the 600 series design standard. 6.8. Lane Closures: There are no lane closures permitted between the hours of 7:00 a.m. through 9:00 a.m. and 3:30 p.m. through 6:30 p.m. on weekdays. The Contractor may request authorization from the Division to work within the non-lane closure hours. 6. 9. Road Alert(Mandatory Requirement):Notify Growth Management Department,Customer Service Specialist, or designee on Wednesday before lane closure(s) by submitting the Road Alert Notification form so that that staff can update the Road Alert message board. Link to form: https://www.colliercountyfl.gov/home/showpublisheddocument?id=53901 6. 10. Work Zone Safety: Contractor shall use caution while working in County Right-of-Way and roadways. The Contractor shall use caution while working in or around County-owned or operated facilities, right-of- way,sides of right-of-way,and roadway medians. When working within a right-of-way(i.e.,roads,sidewalks, bike paths, etc.) Follow applicable FDOT and/or MUTCD requirements, such as but are not limited to: 6.10.1. American National Standards Institute (ANSI) / International Safety Equipment Association Class 2 or 3 Vests, T-shirts, or similarly labeled garments depending on the time of day. 6.10.2.Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles, where necessary, required by law or the BCC. 6.10.3. An applicable work zone (Maintenance of traffic) plan based on FDOT and/or MUTCD designs on site. 6.10.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 6.11.Utilities: Before work starts, the Contractor is responsible for contacting Sunshine 811 (811 or 800.432.4770). This task may take up to two (2) full business days for utilities to be located and marked.No claims for an additional utility locate compensation will be considered. Any damages to utilities will be at the Contractor's expense. Page 8 of 9 Exhibit A—Scope of Services Page 4801 of 6355 Invitation to Bid (ITB) # 22-7963 Goodlette Frank Road Vegetation Maintenance" 6.12.Licensing Requirements 6.12.1. Maintenance of Traffic or Temporary Traffic Control, Intermediate Level Certification 6. 12.2. A valid Commercial Applicator license issued by the Florida Department of Agriculture, Consumer Services (FDACS), Chapter 487 F.S. 6.12.2.1. All herbicide applications shall be carried out in a manner consistent with the Environmental Protection Agency (EPA) and shall comply with all pertinent regulations set forth by the Florida Department of Agriculture and Consumer Services (FDACS). 6.12.2.2. Crews must have access to all appropriate labels and Safety Data Sheets (SDS) while transporting, mixing, or applying herbicides. 6.12.2.3. The Contractor shall be liable for any penalty, fines, or damages resulting from the misuse of herbicides. The Division will report to the FDACS Bureau of Licensing and Enforcement of any misuse of chemicals and request an investigation. 6.12.2.4. Records and Documentation: The Contractor is responsible for maintaining and updating records required by law for pesticide applications for aquatics and restricted use products RUPs). 6.13. Damages: The Contractor is responsible for any damage caused by his operations and shall be responsible for complete restoration of impacted areas at no additional cost to Collier County. Should a damage dispute arise, and the Contractor subsequently disputes the claim,the Contractor's responsibility is to provide pre-project existing condition documentation. Any damages caused by the Contractor's crews shall be the sole responsibility to repair and restore the sites. 6.14. Work Hours: Monday through Friday in the daytime hours from 7:00 a.m.to 5:00 p.m. Contractor may request permission from the Division Representative to work outside the daytime hours and workdays. There is no additional compensation for working on weekends, holidays, or evening hours. 6.15. Compensation: Invoice submission for payment approval must be accurate and complete with details of services performed or commodities purchased. 6.15.1. Invoices must include the Division Name, Contract Number, Purchase Order Number, Bid Line Items Numbers, Quantities and Unit Price. 6.15.2. An invoice may be rejected for errors or missing documentation. If rejected, the Contractor shall resubmit the invoice using the same number and add a revision number (i.e., Invoice Number 1234 R1). Page 9 of 9 Exhibit A—Scope of Services Page 4802 of 6355 Exhibit B Fee Schedule following this page (pages through ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I 6 Page 4803 of 6355 Invitation to Bid(ITB)22-7963"Goodlette Frank Road Vegetation Maintenance" EXHIBIT B FEE SCHEDULE DEANGELO CONTRACTING SERVICES LLC PRIMARY CONTRACTOR) Goodlette Frank Road-Location A Section/Location Item Description UOM Unit Price Per Cycle Vegetation Maintenance Each $ 2,400.00 Work Area Section#1 Ditch Herbicide Application Each $550.00 2.1.1) Submersed Herbicide Treatment Each $ 330.00 Additional Service:Trash&Debris Removal Each $ 300.00 Vegetation Maintenance Each $ 2,650.00 Work Area Section#2 Ditch Herbicide Application Each $ 600.00 2.1.2) Submersed Herbicide Treatment Each $ 375.00 Additional Service:Trash&Debris Removal Each $ 300.00 Vegetation Maintenance Each $ 2,200.00 Work Area Section#3 Ditch Herbicide Application Each $ 500.00 2.1.3) Submersed Herbicide Treatment Each $300.00 Additional Service:Trash&Debris Removal Each $300.00 Vegetation Maintenance Each $ 1,650.00 Work Area Section#4 Ditch Herbicide Application Each $ 360. 00 2.1.4) Submersed Herbicide Treatment Each $ 220.00 Additional Service:Trash&Debris Removal Each $300.00 Vegetation Maintenance Each $ 4,200.00 Work Area Ditch Herbicide Application Each $ 900.00 Section#5 Submersed Herbicide Treatment Each $ 550.00 2.1.5) Additional Service:Trash&Debris Removal Each $ 300.00 Vegetation Maintenance Each $725.00 Work Area Section#6 Ditch Herbicide Application Each $ 250.00 2.1.6) Submersed Herbicide Treatment Each $125.00 Additional Service:Trash&Debris Removal Each $150.00 Vegetation Maintenance Each $ 365.00 Work Area Section#7 Ditch Herbicide Application Each $125.00 2.1.7) Submersed Herbicide Treatment Each $125.00 Additional Service:Trash&Debris Removal Each $150.00 Item 2.2 Goodlette Frank Road-Location B Unit Price Location Item Description UOM Per Cycle Vegetation Maintenance Each $ 725.00 Work Area Ditch Herbicide Application Each $ 250.00 Section#1 Submersed Herbicide Treatment Each $125.00 2.2.1) Additional Service:Trash&Debris Removal Each $300.00 Vegetation Maintenance Each $ 3,900.00 Work Area Ditch Herbicide Application Each $975.00 Section#2 Submersed Herbicide Treatment Each $ 585.00 2.2.2) Additional Service:Trash&Debris Removal Each $ 300.00 Vegetation Maintenance Each $ 1,450.00 Work Area Ditch Herbicide Application Each $ 275.00 Section#3 Submersed Herbicide Treatment Each $ 225.00 2.2.3) Additional Service:Trash&Debris Removal Each $ 300.00 Prices shall remain firm for the initial term of this contract 0 V) Page 4804 of 6355 Other Exhibit/Attachment Description: E following this page (pages through ) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.l Page 4805 of 6355 ACO OR ° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/2/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kevin Roof Assurance, a Marsh & McLennan Agency LLC company PHONEHONo.Eat):(312)625 5948 FAX 20 N Martingale Road A/c,No):(847)440-9116 Suite 100 ADDRESS: Kevin.Roof(dMarshMMA.com Schaumburg IL 60173 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Starr Indemnity&Liab Co 38318 INSURED SEVEISL-02 INSURER B:CAPITOL SPECIALTY INS CORP 10328 DeAngelo Contracting Services, LLC 100 North Conahan Drive INSURERC:HOMESITE INS CO OF FL 11156 Hazleton PA 18201 INSURERD: ENDURANCE AMER SPECIALTY INS CO 41718 INSURER E: Lloyds of London 85202 INSURER F: AXIS SURPLUS INS CO 26620 COVERAGES CERTIFICATE NUMBER:1298265693 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP W LIMITSLTRINSDVDPOLICYNUMBERMM/DD/YYYY) (M D/M/DYYYY) A X COMMERCIAL GENERAL LIABILITY Y 1000025924211 11/1/2021 11/1/2022 EACH OCCURRENCE 2,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $$00,000 X DED 500,000 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 X JET X LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY 1000672941211 11/1/2021 11/1/2022 COMBINED SINGLE LIMIT $2,000,000Eaaccident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY Per accident) C X UMBRELLALIAB X OCCUR CXP-000990-00 11/1/2021 11/1/2022 EACH OCCURRENCE 3,000,000 F EXCESSLIAB X51142721 12/9/2021 11/1/2022 CLAIMS-MADE P-001-000744952-01 12/13/2021 11/1/2022 AGGREGATE 3,000,000 DED RETENTION$ ADDITIONAL LAYERS SEE REMARKS A WORKERS COMPENSATION 100 0004825 AOS 11/1/2021 11/1/2022 X PER OTH- A AND EMPLOYERS'LIABILITY AOS) STATUTE ER Y/N 100 0004826(FL,MA) 11/1/2021 11/1/2022 ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Prof Liability/Pollution PNV10015266700 11/4/2021 11/4/2022 Prof Occ/Agg 5,000,000 B Excess Pollution EX20210970-01 11/4/2021 11/4/2022 Poll Occ/Agg 5,000,000 XS Poll Oc Agg 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) First Excess Policy(CXP-000990-00)Limits:Each Occurrence-$3,000,000;Aggregate-$3,000,000 Second Excess Policy(XS1142721)Limits:Each Occurrence-$3,000,000;Aggregate-$3,000, 000 Third Excess Policy(P-001-000744952-01)Limits:Each Occurrence-$2,000,000;Aggregate-$2,000,000 RE:For any and all work performed on behalf of Collier County 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail East AU HORIZED REP ESENTATIVE Naples FL 34112 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 4806 of 6355 AGENCY CUSTOMER ID: SEVEISL-02 LOC#: ACORI3 ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED Assurance,a Marsh&McLennan Agency LLC company DeAngelo Contracting Services,LLC 100 North Conahan Drive POLICY NUMBER Hazleton PA 18201 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Collier County 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 certificate 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. ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 4807 of 6355 POLICY NUMBER: 1000025924211 COMMERCIAL GENERAL LIABILITY CG20371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract Location And Description of Completed Operations: Where required by written contract Additional Premium: Included 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". CG 20 37 10 01 ISO Properties, Inc., 2000 Page 1 of 1 0 Page 4808 of 6355 POLICY NUMBER: 1000025924211 COMMERCIAL GENERAL LIABILITY CG20101001 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 Name of Person or Organization: Where required by written contract If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to 1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations service, maintenance or repairs) to be performed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions 2) That portion of"your work" out of which the injury or damage arises has been This insurance does not apply to "bodily inju- put to its intended use by any person ry"or"property damage" occurring after: or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ISO Properties, Inc., 2000 Page 1 of 1 0 Page 4809 of 6355 r Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Primary and Non-Contributory Condition Policy Number: 1000025924211 Effective Date: 11/01/2021 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 6.,r is&,Q.4) Steve Blakey, President Nehemiah E. Ginsburg, General pounsel 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. Page 4810 of 6355 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT 22-7962 for Corporate Flight Drive Vegetation Maintenance THIS AGREEMENT, made and entered into on this i q day of J Une, 20 22 , by and between DeAngelo Contracting Services LLC authorized to do business in the State of Florida, whose business address is 527 S Church Street, Hazelton, PA 18201 the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three 3 ) year period, commencing upon the date of Board approval;-or on and terminating on three 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two 2 ) additional one 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I I Request for Proposal (RFP) Invitation to Bid (ITB) Other 22-7962 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 c.Page 4811 of 6355 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. 2 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3,3 i 8er Exhibit/Attachment: 3,4 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): Lump Sum (Fixed Price): /' firm fixed total prig rer,r -fe ^roj +• e risks e„re 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. n of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimrrath of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable 1 1 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 Page 4812 of 6355 472 4. 3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.3 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. 47 meek 4f—app a Travel and ravel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: ktileage cr rRile Breakfast 6.09 00 4-9700 Aiffafe class faro Rental car Actual rental cost limited to compact or standard size vehicles Lodging with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine long distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be reeponsible for all other costs and expenses associated with activities and solicitations 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 Page 4813 of 6355 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: DeAngelo Contracting Services LLC Address: 527 S Church Street Hazelton, PA 18201 Authorized Agent: Jarrod L. DeAngelo, President/Member Attention Name & Title: Telephone: 570) 580-9100 E-Mail(s): jdeangelo@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:Gerald Kurtz Division Name: Road Maintenance Division Address: 4800 Davis Blvd Naples, Florida 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone: 239) 252-5591 E-Mail(s): Melissa.Pearson@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I Cp.0 Page 4814 of 6355 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. 12. INSURANCE. The Contractor shall provide insurance as follows: A. • Commercial General Liability: Coverage shall have minimum limits of 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. • Business Auto Liability: Coverage shall have minimum limits of$ 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. • Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I (\ 0 Page 4815 of 6355 n this insurance. Such insurance shall have limits of not Ices than $ ach n Cyber Liability Coverage shall have minimum limits of$ pegela+m: F. Pollution Liability Coverage shall have minimum limits of$ 1,000,000 per claim/Occurrence. G- Coverage shall have minimum limits of$ per claim. HT GeveFage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I Page 4816 of 6355 Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, Exhibit B Fee Schedule, I I RFP/ ITB/I I Other 22-7962 , including Exhibits, Attachments and Addenda/Addendum, subsequent giletesrand I I Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 Page 4817 of 6355 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: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(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. 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. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 Page 4818 of 6355 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. 23. • CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 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. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 r A(. Page 4819 of 6355 25. n WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. 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. Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 Page 4820 of 6355 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. s of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent assigned shall be available for an amount of time adequate to meet the required service Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 Page 4821 of 6355 and/or experience. (2) that the County is notified in writing as far in advance as possible. personnel, I 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. IN 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. 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 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 Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I Page 4822 of 6355 period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 0Page 4823 of 6355 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 CO TY COMMISSIONERS Crystal K..Kin ell Clerk of the Circuit COLLIER CO DA Court ang0.6.mptrdller Cam`-' Afr By: I By: Will; m L. McDaniel Jr. Chairman Dated , ita t OP."t"! 4' EAL.)' t Attest as to rtairman'sr signa#ure only, Contractor's Witnesses: DeAngelo Contracting Services LLC Contractor DBA By:171—•C ractor's First Witness gnature be 10 t Pfc tabs. i 2_ ii j )-6illikkel TType/print signature and titleT TType/print witness nameT ontractor's Second Witness 111ora OW/0_6m c TType/print witness nameT rovedp to • )and Legality: oty County Attorneyfs4R Print Name Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I Page 4824 of 6355 Exhibit A Scope of Services n following this page (pages 1 through 6 ) this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 (0) Page 4825 of 6355 Invitation to Bid (ITB) # 22-7962 Corporate Flight Drive Vegetation Maintenance" EXHIBIT A SCOPE OF SERVICES This Agreement shall be awarded on a Primary/Secondary basis as follows: Primary Contractor: DeAngelo Contracting Services LLC Secondary Contractor: EarthBalance Corporation The terms "Contract" and"Agreement"may be used interchangeably throughout this Agreement DETAILED SCOPE OF WORK This Agreement is for maintaining exotic and nuisance vegetation in and along drainage ditches that recently had significant vegetation clearing. The objective is for unobstructed stormwater conveyance waterways with an integrated approach to improve control results while minimizing non-target impacts. The work is considered essential to provide adequate flood protection for these areas. Most of the work is time sensitive. To ensure continuity of services, the Division shall have full authority to utilize the Secondary Contractor; if the Primary Contractor declines or fails to perform the work per the specifications, the contract may be subject to termination by the Board. This process applies to notice of default,suspension, or termination. 1. PERFORMANCE SPECIFICATIONS: The Contractor shall determine the means and methods in controlling the vegetation. Work area limits extend to all outfalls from adjoining roadside swales and fences. There is limited access for large or heavy equipment to mow, cut, or trim the vegetation, so work may require a combination of methods, such as manual labor, mechanical, and chemical. The Contractor shall provide supervision, labor, equipment, supplies, herbicides, chemicals, and materials necessary to maintain vegetation. The work consists of the following: 1.1. Remove and dispose of trash/litter and vegetation debris (fallen tree limbs and branches). 1.2. Trim vegetation(i.e.,grass,weeds,shrubs,brush,bushes,tree branches,palm fronds, etc.)to three inches(3")on overbanks and side slopes.Do not trim below three inches(3")to prevent side slope erosion. 1.2.1. Vegetation on personal property that is growing beyond the right-of-way limits and onto overbanks, the Contractor shall only trim vegetation including branches and limbs that are protruding into the ROW limits. 1.2.2. Solid panel fences shall have vegetation removed on the face of the fence panels. 1.2.3. Chain link fences shall have vegetation trimmed that is projecting through the chain links. Trim flush to the fence. 1.2.4. Trim vegetation around structures, culverts,headwalls, signposts,light poles, and riprap within the work area limits as applicable. 1.3. Cut overhanging vegetation(trees, branches, limbs,fronds, shrubs,hedges,and dead material). 1.3.1. Vegetation overhanging into the ditch area shall be trimmed using an imaginary vertical line extending twelve feet(12') upward from the edge of the outer clearing limits/ditch. 1.4. Treat invasive and exotic vegetation on the ditch bottoms with herbicides and chemicals registered and labeled for application directly to water by the US Environmental Protection Agency (EPA) and Florida Department of Page 1 of 6 Exhibit A—Scope of Services 0Page 4826 of 6355 Invitation to Bid (ITB) # 22-7962 Corporate Flight Drive Vegetation Maintenance" Agriculture and Consumer Services (FDACS) may be used in Florida to control growing weeds in the water. Herbicide applied directly to water shall have specific label instructions for water applications. 1.4.1. Provide labor,materials, equipment, and herbicides, and other chemicals. 1.4.2. Herbicide applications shall be applied following label instructions. 1.4.3. Ensure crews have access to all appropriate labels and Safety Data Sheets (SDS) while transporting, mixing, or applying herbicides. 1.4.4. Comply with all pertinent regulations, including but not limited to the Organo-Auxin Rule, set forth by FDACS and National Pollutant Discharge Elimination System (NPDES). 1.4.5. Treat submersed plants rooted in the ditch bottom sediment and growing up through the water with sprays or granular formulations. 1.5. Vegetation growing in the open water areas shall be pre-treated with a proper amount of EPA-approved systemic herbicide that will absorb and be transported through the plant's vascular system, killing the entire plant (may take two (2)weeks or less). 1.5.1. The vegetation in the open water areas shall be cut at the water line approximately two (2) weeks after herbicide treatment and removed for disposal. The Contractor is encouraged to take photographic evidence of this operation,as the waterline may drop when the area is inspected. 1.5.2. The Contractor shall determine the application method. If the vegetation is thriving after the treatment, the Contractor shall treat again,ensuring no re-growth,at no additional cost to the County. 1.6. If applicable,treat Cattails approximately two(2)weeks prior to cutting and removing them,with a proper amount of EPA-approved systemic herbicide (applied by label) that will absorb and be transported through the plant's vascular system killing the entire plant. 1.6.1. The Contractor shall determine the application method. If the Cattails thrive after treatment, the Contractor shall treat again,ensuring no re-growth, at no additional cost to the County. 1.7. Each workday, remove and dispose of vegetation debris and trash/litter debris. Load, haul, and dispose of the debris in accordance with applicable local and state laws. 1.7.1. Stockpiling is not permitted in the right-of-way. 1.7.2. The Contractor may be required to return to the worksite to clean up,remove, and haul away for disposal. 2. LOCATION/WORK DESCRIPTION — CORPORATE FLIGHT DRIVE: Located off Airport Pulling Road in Naples,Florida.There are three(3)work areas with limited access for large or heavy equipment to trim the vegetation. 2.1. Work Area—Section#1: Corporate Flight Ditch lies within a 50-foot drainage easement ditch north of the Naples Airport property on Corporate Flight Drive. 2.1.1. The section begins approximately six hundred sixty (660') west of Airport Pulling Road, heading west approximately 2,300 feet to the east side of the lake. 2.1.2. The ditch has a visible top of bank and typically remains wet. 2.1.3. The section is approximately 2.64 acres based on the length of 2300 linear feet and a width of 50 feet. 2.1.4. Access is directly off Corporate Flight Drive 2. 2. Work Area—Section#2: Corporate Flight Ditch lies within a lake drainage easement north of the Naples Airport property off Corporate Flight Drive. Page 2 of 6 Exhibit A—Scope of Services Page 4827 of 6355 Invitation to Bid (ITB) # 22-7962 Corporate Flight Drive Vegetation Maintenance" 2. 2.1. The section begins just east of the lake, heading west approximately 750 feet to the southwest corner of the lake. 2.2.2. There is a visible top of bank, and the area remains wet. 2. 2.3. Maintenance includes the lake's shoreline to the concrete sidewalk adjacent to Corporate Flight Drive. 2. 2. 4. The section is approximately 0.86 acres based on the length of 750 linear feet and a width of 50 feet. 2. 2.5. Access is directly off Corporate Flight Drive. 2.3. Work Area—Section#3: Corporate Flight Ditch lies within a 50-foot drainage easement ditch north of the Naples Airport property on Corporate Flight Drive. 2.3.1. The section of the channel begins at the southwest corner of the lake and heads west to intersect with the Gordon River. 2.3.2. There is a visible top of bank, and the ditch bottom remains wet a portion of the year. 2.3. 3. This section is approximately 1.76 acres based on the length of 1,530 linear feet and a width of 50 feet. 2.3.4. Access is directly off Corporate Flight Drive and across the easement. Access to the north bank may be requested from the property owner, River Reach Apartments. 3. MAINTENANCE CYCLES: The Division estimates issuing eight(8)cycles per fiscal year(October 1st—September 30th); however, cycles may adjust due to growing conditions or budgetary constraints. The estimated cycles are February,May,June,July,August, September, October, and December. 4. FEE SCHEDULE: Unit prices provided are inclusive of all costs to perform the work, including labor, materials, herbicide applications, herbicides, chemicals, equipment, overhead, trash, and debris removal, hauling debris and disposal, disposal fees,mobilization, Maintenance of Traffic, etc. 4.1. Exhibit B — Fee Schedule has the following categories: 1. Vegetation Maintenance; 2. Ditch Herbicide Applications; and 3. Submersed Herbicide Treatments, and 4.Additional Services for Trash and Debris Removal. The services cycles are estimated and are dependent on growing conditions and the budget. 4.1.1. Vegetation Maintenance: Vegetation trimming and removal(mowing,mechanical,small equipment(string trimmer, etc.), hand tools (machete, etc.), or manually removing (hand pulling), including trash/debris pickup, removal, loading, hauling, disposal (appliances, tires, construction/demolition debris, trash, litter, metals,etc.),transported to the County Landfill or other approved receiving site,and disposal fees. 4.1.2. Ditch Herbicide Applications:The Contractor shall purchase and apply herbicides for aquatic use and other chemicals to complete work. Unit price includes licensed supervisor, labor, herbicides, chemicals, materials, equipment,etc. 4.1.3. Submersed Treatments: The Contractor shall purchase and apply herbicides and/or chemicals for aquatic use to complete the work. Unit price includes licensed supervisor, labor, herbicides, chemicals, materials, equipment, etc. 4.1.4. Additional Service— Trash/Debris Pickup and Removal: A separate category line item to allow County staff to request additional services for trash/debris for pickup and removal (appliances, tires, construction/demolition debris, trash, litter, and metals, etc.). The removal and disposal include loading, transporting, disposal of all debris materials to the County Landfill or other approved receiving site, and disposal fees. Page 3 of 6 Exhibit A—Scope of Services 0Page 4828 of 6355 Invitation to Bid (ITB) # 22-7962 Corporate Flight Drive Vegetation Maintenance" 5. DEFINITIONS 5.1. Top of Bank/Overbank: defined as the stormwater conveyance channel/waterway area from top of bank plus one foot into the overbank area to the opposite top of bank plus one foot into the overbank area. 5.2. Maintained Easement: defined as the cleared area of the easement inclusive of the channel, top of bank and overbank. Overbank lOne-foot(i') Fence CLEARED EASEMENT 411/ 9 7YeeGrte,Right of Way, Fence line,etc. EASEMENT WIDTH(varies) 6. GENERAL INFORMATION 6.1. No Permit: Collier County Right-of-Way permit is not required maintenance work. 6.2. Commencement: The Contractor shall commence the work upon issuance of a purchase order. 6.3. Final Inspections: Following services,the Contractor shall notify the Division Project Manager when the work is completed for a final inspection of the work. The Contractor will be notified when the finished work fails to comply with the specifications. 6.3.1. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 6.3.2. Upon completion of the deficient work, the Contractor shall notify the Division Project Manager when ready for re-inspection. 6.3.3. Division Project Manager shall make a final inspection of the work and inform the Contractor of any necessary repair work not completed. 6.3.4. The Contractor shall immediately complete all incomplete work and arrange for another re-inspection. Page 4 of 6 Exhibit A—Scope of Services 0Page 4829 of 6355 Invitation to Bid (ITB) # 22-7962 Corporate Flight Drive Vegetation Maintenance" 6.4. OSHA: Contractor shall employ and enforce OSHA safety compliant measures at the worksite to prevent injuries to workers, citizens, and the traveling public. 6.5. Erosion Control: State-compliant turbidity and erosion control devices are required at the work areas'downstream ends. No movement of turbid water will be allowed to flow downstream into the receiving canals. Appropriate erosion control measures, as deemed necessary, shall be installed and always maintained through all phases of maintenance activities. 6.6. Mobilization: Contractor is responsible for mobilization/demobilization. 6. 7. Maintenance of Traffic (MOT): The Contractor is responsible for setting up Maintenance of Traffic (MOT) 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, or its subcontractor, is responsible for maintaining MOT while performing services in the right-of-way and roadways. 6.7.1. MOT is a requirement for the safety and protection of the Contractor's employees and motorists during services'performance. It is the Contractor's sole responsibility for safety in the work zone. 6.7. 2. MOT shall conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices(MUTCD). 6.7.3. The Contractor is authorized to subcontract MOT.It is required that either the Contractor or subcontractor have current FDOT approved MOT or Temporary Traffic Control, Intermediate Level, Certification per FDOT,Design Standards, 600 series indexes. 6.7.4. The Contractor's employee or Contractor's subcontractor is responsible for the MOT plan and equipment setup and shall have current FDOT approved certification in their name. They must be readily available within twenty(20)minutes of the initial contact by County staff to address work zone safety issues. 6.7. 5. MOT setup that does not comply with FDOT standards,the Contractor will need to cease operations until MOT is correct per the 600 series design standard. 6.8. Lane Closures: There are no lane closures permitted between the hours of 7:00 a.m. through 9:00 a.m. and 3:30 p.m. through 6:30 p.m. on weekdays. The Contractor may request authorization from the Division to work within the non-lane closure hours. 6. 9. Road Alert(Mandatory Requirement): Notify Growth Management Department, Customer Service Specialist, or designee on Wednesday before lane closure(s) by submitting the Road Alert Notification form so that that staff can update the Road Alert message board. Link to form: https://www.col liercountyfl.gov/home/showpublisheddocument?id=53 901 6.10.Work Zone Safety: Contractor shall use caution while working in County Right-of-Way and roadways. The Contractor shall use caution while working in or around County-owned or operated facilities, right-of-way, sides of right-of-way, and roadway medians. When working within a right-of-way (i.e., roads, sidewalks, bike paths, etc.)Follow applicable FDOT and/or MUTCD requirements,such as but are not limited to: 6.10.1. American National Standards Institute(ANSI)/International Safety Equipment Association(ISEA)Class 2 or 3 Vests, T-shirts, or similarly labeled garments depending on the time of day. 6.10.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles, where necessary, required by law or the BCC. 6.10.3. An applicable work zone(Maintenance of traffic) plan based on FDOT and/or MUTCD designs on site. 6.10. 4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 6.11.Utilities: Before work starts, the Contractor is responsible for contacting Sunshine 811 (811 or 800.432.4770). Page 5 of 6 Exhibit A—Scope of Services 0Page 4830 of 6355 Invitation to Bid (ITB) # 22-7962 Corporate Flight Drive Vegetation Maintenance" This task may take up to two(2)full business days for utilities to be located and marked.No claims for an additional utility locate compensation will be considered. Any damages to utilities will be at the Contractor's expense. 6.12.Licensing Requirements 6.12.1. Maintenance of Traffic or Temporary Traffic Control, Intermediate Level Certification 6.12. 2. A valid Commercial Applicator license issued by the Florida Department of Agriculture, Consumer Services(FDACS), Chapter 487 F.S. 6.12.2.1. All herbicide applications shall be carried out in a manner consistent with the Environmental Protection Agency (EPA) and shall comply with all pertinent regulations set forth by the Florida Department of Agriculture and Consumer Services (FDACS). 6.12.2.2. Crews must have access to all appropriate labels and Safety Data Sheets (SDS) while transporting, mixing, or applying herbicides. 6.12.2.3. The Contractor shall be liable for any penalty, fines, or damages resulting from the misuse of herbicides. The Division will report to the FDACS Bureau of Licensing and Enforcement of any misuse of chemicals and request an investigation. 6.12.2.4. Records and Documentation: The Contractor is responsible for maintaining and updating records required by law for pesticide applications for aquatics and restricted use products RUPs). 6.13.Damages: The Contractor is responsible for any damage caused by his operations and shall be responsible for complete restoration of impacted areas at no additional cost to Collier County. Should a damage dispute arise,and the Contractor subsequently disputes the claim, the Contractor's responsibility is to provide pre-project existing condition documentation. Any damages caused by the Contractor's crews shall be the sole responsibility to repair and restore the sites. 6.14.Work Hours: Monday through Friday in the daytime hours from 7:00 a.m. to 5:00 p.m. Contractor may request permission from the Division Representative to work outside the daytime hours and workdays. There is no additional compensation for working on weekends, holidays, or evening hours. 6.15.Compensation: Invoice submission for payment approval must be accurate and complete with details of services performed or commodities purchased. 6.15.1. Invoices must include the Division Name, Contract Number, Purchase Order Number, Bid Line Items Numbers, Quantities and Unit Price. 6.15.2. An invoice may be rejected for errors or missing documentation. If rejected,the Contractor shall resubmit the invoice using the same number and add a revision number(i.e., Invoice Number 1234 RI). Page 6 of 6 Exhibit A—Scope of Services Page 4831 of 6355 Exhibit B Fee Schedule following this page (pages 1 through ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 Page 4832 of 6355 Invitation to Bid (ITB)#22-7962 Corporate Flight Drive Vegetation Maintenance" FEE SCHEDULE DEANGELO CONTRACTING SERVICES,LLC PRIMARY CONTRACTOR Corporate Flight Drive Section/Location Item Description UOM Unit Price Per Cycle Vegetation Maintenance Each 1,380.00 Work Area Section#1 Ditch Herbicide Application Each 460.00 2.1.) Submersed Herbicide Treatment Each 230.00 Additional Service:Trash&Debris Removal Each 300.00 Vegetation Maintenance Each 450.00 Work Area Section#2 Ditch Herbicide Application Each 230.00 2.2) Submersed Herbicide Treatment Each 75.00 Additional Service:Trash&Debris Removal Each 150.00 Vegetation Maintenance Each 900.00 Work Area Section#3 Ditch Herbicide Application Each 300.00 2.3) Submersed Herbicide Treatment Each 150.00 Additional Service:Trash&Debris Removal Each 300.00 Prices shall remain firm for the initial term of the agreement. r ,yl Page 4833 of 6355 Other Exhibit/Attachment Description: following this page (pages through ) this exhibit is not applicable Page 17 of 17 Fixed Tenn Service Multi-Contractor Agreement 2022_Ver.1 V, O Page 4834 of 6355 AC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/26/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: mewl ROOT Assurance, a Marsh& McLennan Agency LLC company GOONc.ExO:(312)625 5948 FAX,No):(847)4420NMartingaleRoad 0 9116 Suite 100 ADDRESS: Kevin.Roofl@MarshMMA.com Schaumburg IL 60173 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Starr Indemnity&Liab Co 38318 INSURED SEVEISL-02 INSURER B:CAPITOL SPECIALTY INS CORP 10328DeAngeloContractingServices, LLC INSURERC:HOMESITE INS CO OF FL 11156100NorthConahanDrive Hazleton PA 18201 INSURER D: ENDURANCE AMER SPECIALTY INS CO 41718 INSURER E: Lloyds of London 85202 INSURER F:AXIS SURPLUS INS CO 26620 COVERAGES CERTIFICATE NUMBER:1492599948 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. INSRLT TYPE OF INSURANCE INSD ADDL SWVD POLICY NUMBER YPOLICY EFF POLICY EXP LIMITSMM/DDYYY1 (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y 1000025924211 11/1/2021 11/1/2022 EACH OCCURRENCE 2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $500,000 X DED 500,000 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 X JET X LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY 1000672941 211 11/1/2021 11/1/2022 COMBINED SINGLE LIMIT $2,000,000Eaaccident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Peri $AUTOS ONLY AUTOS accident) X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) C X UMBRELLA LAB X OCCUR CXP-000990-00 11/1/2021 11/1/2022 EACH OCCURRENCE 3,000, 000E F EXCESS LIAB XS1142721 12/9/2021 11/1/2022 CLAIMS-MADE P-001-000744952-01 12/13/2021 11/1/2022 AGGREGATE 3,000, 000 DED RETENTION$ ADDITIONAL LAYERS SEE REMARKS A WORKERS COMPENSATION 100 0004825(AOS)11/1/2021 11/1/2022 X SPRTATUTE EERHAANDEMPLOYERS'LIABILITY Y/N 100 0004826(FL,MA) 11/1/2021 11/1/2022 ANYPROPRIETOR/PARTNER/EXECUTIVE N 1 N/A E.L.EACH ACCIDENT $1,000, 000 OFFICER/MEMBER EXCLUDED? I Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000, 000 D Prof Liability/Pollution PNV10015266700 11/4/2021 11/4/2022 Prof Occ/Agg 5,000,000 B Excess Pollution EX20210970-01 11/4/2021 11/4/2022 Poll Occ/Agg 5,000,000 xs Poll Occ/Agg 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Comp and Collision Deductible on Power units is$10,000.Trailers Comp and Coll Deductible is$2000. First Excess Policy(CXP-000990-00)Limits:Each Occurrence-$3,000,000;Aggregate-$3,000,000 Second Excess Policy(XS1142721)Limits:Each Occurrence-$3,000, 000;Aggregate-$3,000,000 Third Excess Policy(P-001-000744952-01)Limits:Each Occurrence-$2,000,000;Aggregate-$2,000,000 RE:Solicitation Number 22-7962 See Attached... 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. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 AUTHORIZED REP ESENTATIVE I1fäi1 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 4835 of 6355 AGENCY CUSTOMER ID: SEVEISL-02 LOC#: ACORD® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Assurance,a Marsh&McLennan Agency LLC company DeAngelo Contracting Services,LLC 100 North Conahan Drive POLICY NUMBER Hazleton PA 18201 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE It is agreed the Certificate Holder is an Additional Insured,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. 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 certificate 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. ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 4836 of 6355 POLICY NUMBER: 1000025924211 COMMERCIAL GENERAL LIABILITY CG20371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract Location And Description of Completed Operations: Where required by written contract Additional Premium: Included 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". CG 20 37 10 01 ISO Properties, Inc., 2000 Page 1 of 1 Page 4837 of 6355 POLICY NUMBER: 1000025924211 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 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 Name of Person or Organization: Where required by written contract If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to 1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations service, maintenance or repairs) to be performed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions 2) That portion of"your work" out of which This insurance does not apply to "bodily inju- the injury or damage arises has been pp y yput to its intended use by any person ry" or"property damage"occurring after: or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ISO Properties, Inc., 2000 Page 1 of 1 0 Page 4838 of 6355 1;44- Starr Indemnity& Liability Company Dallas, TX 1-866-519-2522 Primary and Non-Contributory Condition Policy Number: 1000025924211 Effective Date: 11/01/2021 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 v-,..„_v_-- E. Steve Blakey, President Nehemiah E. Ginsburg, General 7 unsel 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. Page 4839 of 6355 16A 9 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT 23-8077 for AQUATIC VEGETATION MAINTENANCE" THIS AGREEMENT, made and entered into on this 2,51"" day of 4 p,r: l 20 23 , by and between DEANGELO CONTRACTING SERVICES LLC authorized to do business in the State of Florida, whose business address is 100 N. Conahan Drive, Hazleton, PA 18201 the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three 3 ) year period, commencing • upon the date of Board approval; of I eh and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two 2 ) additional one 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order El Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP) n Invitation to Bid (ITB) Other 23-8077 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 b0Page 4840 of 6355 6A 9 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 • The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3 i Other xhibit/Attachmcnt: 3-4 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): hump Sum (Fixed Price): A firm fixed total price off is authorized. WI Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 PQPage 4841 of 6355 1 $A 9 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. 475 n Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbu-csecneots-sna14-be-at--tne-fellowing rates: 0.44.5 per mile Bfeels-fest 6700 L-tinsh 4 0 Dinner 44-00 Aiffare class-fare Rentakeac Actual rental cost limited to compact or 604315ing Racking Taxi or Airport Limousine Actual cost of either taxi or airport limousine long distance charges, fax charges, photocopying charges and postage. Reimbursable responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 r LJ Page 4842 of 6355 16 A S 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:DEANGELO CONTRACTING SERVICES LLC Address: 14250 Jetport Loop W Fort Myers, FL 33913 Authorized Agent: Jarrod DeAngelo, President Attention Name & Title: Eve Doston, Administrative Assistant Telephone: 570) 580-9100 / (239) 286-7377 E-Mail(s): edoston@deangeloconstractingservices.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: Trinity Scott, Department Head Division Name: Road Maintenance Address: 4800 Davis Blvd. Naples, FL 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone: 239) 252-5591 E-Mail(s): Melissa.Pearson@CollierCountyFL.Gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 0 Page 4843 of 6355 16A 9 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. n Commercial General Liability: Coverage shall have minimum limits of 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 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. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 Page 4844 of 6355 16A 9 this insurance. Such insurance shall have limits of not lcs than $ each claim and aggregate. I I fiber-Liab+6it F. Pollution Liability Coverage shall have minimum limits of$ 1,000,000 per claim. G- Leverage shall have minimum limits of$ per claim. n Coverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 0 Page 4845 of 6355 16A 9 Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, Exhibit B Fee Schedule, RFP1 n ITB/ Other 23-8077 , including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes, and Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 t40Page 4846 of 6355 16A 9 including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestAcolliercountyfl.qov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 Page 4847 of 6355 16A 9 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. (I] CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 9of17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 Page 4848 of 6355 16A 9 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. n WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. III TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 Page 4849 of 6355 16A 9 B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 t, 0 Page 4850 of 6355 16A 9 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. n n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. n 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. 1-1 among the terms of any of thc Contract Docurncnts and/or thc County's Board approved 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 O tcP.Page 4851 of 6355 16A 9 costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Intentionally left blank-signature page to follow) Page 13of17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 VPage 4852 of 6355 16A a IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk..of the Circuit COLLIER COUNTY, FLORIDA Court and Comptroller, By. Aim Ai By: Rick LoCastro Chairman Dated: 0 J ls • SE° st a to • rman's L. signature .nly Contractor's Witnesses: DEANGELO CONTRACTING SERVICES LLC Contractor DBA By: CoRctor's First Witness ignature /2r-- rat rt Y>4 VI It goIn b?7 v 1'Type/print signature and titleTTy/ rint witness nameT Contr or's S nd Witless tfiegir,i, j)f) TTy0/print witness name Ap Ve ras orm and Legality: 4 County Attorney 1 .1 cmiAD Print Name Page14of17 J Fixed Tenn Service Multi-Contrnctor Agreement 2022_Ver.3 ,V3/ O 0 G4` Page 4853 of 6355 16A 9 Exhibit A Scope of Services following this page (pages 1 through 8 ) this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 JFOPage 4854 of 6355 16A 9 Invitation to Bid (ITB) AQUATIC VEGETATION MAINTENANCE" EXHIBIT A SCOPE OF SERVICES The services provided throughout this Agreement shall be awarded on a Primary/Secondary basis for Work Areas 1-3 and Other Work Areas as follows: Primary Contractor: DeAngelo Contracting Services LLC Secondary Contractor: Superior Landscaping&Lawn Service Inc. BACKGROUND The Road Maintenance Division utilizes contractual services in managing various types of aquatic vegetation in canals, ditches, lakes, ponds, and along shorelines throughout Collier County. The Division previously issued chemicals to the Contractor(s) as work assignments were issued. The new Agreement(s) will require the Contractor(s)to purchase and supply the chemicals to treat the vegetation as part of the maintenance service. DETAILED SCOPE OF WORK The awarded Contractor(s) shall maintain exotic and nuisance shoreline vegetation, submersed vegetation, floating plants, and other species. Other services may include vegetation trimming or removal such as, but not limited to,trees,brush,and shrubs,grasses,debris/trash removal. The work area locations may be in the right-of- way,easements,county-owned or operated facilities,residential neighborhoods,preserves,and isolated locations. 1. LOCATIONS: The Road Maintenance Division(Division)maintains work areas one(1)through three(3)," as outlined in the "Work Area Details and Map Books", hereby incorporated by reference. The Division may adjust work areas (reducing or adding) to meet maintenance requirements. Service locations, cycles, and acreages may increase or decrease throughout the contract term and subsequent renewals. Other work areas throughout Collier County may be requested by multiple divisions. Work Area 1: Western and Southern Collier County, approximately 201.67 acres. Work Area 2: Naples and North Naples,approximately 242.79 acres. Work Area 3: Immokalee and Eastern Collier County,approximately 578.04 acres. Other Work Areas: Divisions Countywide may request maintenance services using the line items in this section. 2. EXHIBIT B FEE SCHEDULE: Listed below are line items staff can request for services. 2.1. Aquatic Spraying—Per Acre Unit Price: The aquatic spraying unit price does not include the cost of chemicals. The Contractor will supply the chemicals and reimbursement will be the actual cost of the chemicals plus a 10 percent markup. The Certified Commercial Applicator with Florida Department of Agriculture and Consumer Services(FDACS),Chapter 487 F.S. A licensed applicator can supervise up to 15 unlicensed applicators using Restricted Use Products(RUP). The licensed applicator does not need to be on-site, but they need to arrive on-site in a timely manner, before or during the pesticide use application,and be immediately available by phone. Page 1 of 8 EXHIBIT A—Scope of Services G4, 0 Page 4855 of 6355 16A 9 Invitation to Bid (ITB) AQUATIC VEGETATION MAINTENANCE" 2.1.1.Per Acre includes labor(Licensed Commercial Applicator,Chapter 487 F.S.,crew leader, laborer as required for the worksite), equipment, fuel, materials, overhead, etc., for aquatic spraying activities. 2.1.2.Per Acre with Maintenance of Traffic (MOT)/Temporary Traffic Control (TTC) includes labor labor includes Licensed Commercial Applicator, Chapter 487 F.S., crew leader, laborer), equipment,fuel,materials,overhead,etc.,MOT/TTC,for aquatic spraying activities. 2.1.3.Chemical Markup Percentage: The markup is ten(10%)percent added to the cost of goods;there is no markup on tax or freight. The Contractor is responsible for purchasing and supplying the chemicals (i.e., herbicides, adjuvants) to perform aquatic spraying. Chemical purchases will require the Contractor to submit receipts showing the cost of goods to verify the markup percentage. Failure to provide backup receipts showing the price paid may result in invoice rejection. 2.2. Additional Services—Hourly Unit Price: The unit price includes labor, equipment (such as but not limited to, string trimmers,chain saws,machetes,etc.),fuel,transportation,and MOT/TTC to complete the work.Services may include but are not limited to trimming grasses,brush,shrubs,woody vegetation, debris removal,work area scouting services,site review,recommendations,etc. 2.2.1.Crew Leader/Supervisor: Responsible for supervising and assisting crews. 2.2.2.Laborer&Equipment: Such as,but is not limited to: labor,equipment,materials to trim grasses, brush,shrubs,woody vegetation,and/or debris/vegetation removal using small hand equipment or hand removal. 2.2. 3.Crew Leader Supervisor with MOT/TTC: Same description as item 2.2.1 above,with MOT/TTC costs(equipment and setup). 2.2.4.Laborer& Equipment with MOT/TTC: Same description as item 2.2.2. above, with MOT/TTC equipment and setup). 2.2.5. Licensed Applicator Other: Services may include but are not limited to, site scouting activities, site review,recommendations,etc. 2.2.6. Crew Leader Other: Services may include but are not limited to site scouting activities, site review,recommendations,etc. 2.2.7. Dump Truck with Operator: The unit price includes vehicle and operator fuel, materials, overhead, etc. This line item may be requested in conjunction with removing vegetation to transport cut vegetation or debris to a disposal site. 2.2.8. Grapple Truck with Operator: The unit price includes vehicle and operator fuel, materials, overhead, etc. This line item may be requested in conjunction with removing vegetation and/or debris. Page 2 of 8 EXHIBIT A—Scope of Services Page 4856 of 6355 16A 9 Invitation to Bid (ITB) AQUATIC VEGETATION MAINTENANCE" 2.3. Material Markup Percentage: The markup is ten (10%) percent added to the cost of goods;there is no markup on tax or freight. Any material purchases will require the Contractor to submit receipts showing the cost of goods to verify the markup percentage. Failure to provide backup receipts showing the price paid may result in invoice rejection. 2.4. Pass-Through Charges: A copy of the receipt is required with invoice submission. The Contractor shall be reimbursed at the actual costs shown on the receipt; there is no markup on pass-through expenses. These charges may include permits,disposal fees,etc. 3. SPECIFICATIONS: Work areas one(1)through three(3)on the EXHBIT B FEE SCHEDULE are treated in cycles. The Division Project Manager or Division Inspector monitors the vegetation in these areas. Depending upon site conditions,the treatment cycles will be adjusted due to seasonal temperatures, growing conditions, site activities, and fluctuating water levels (hinder site access or reduce the effectiveness of herbicides). 3.1. Treatment Techniques: Herbicide treatments are the primary control method and they may include,but are not limited to,low-volume backpack foliar,broadcast(liquid or granular), spot treatments,cut stump treatments, frill or girdle (hack-and-squirt), basal, and poodle cutting, and vegetation trimming and cutting with machetes,string trimmers,or chainsaws before or after the application. 3.2. Equipment: The work to be performed may require the following equipment,such as but not limited to: 4X4 pickup truck,ATV or similar vehicle,watercraft for crew transport and to spray vegetation bordering canals and lakes,airboat equipped with a spray tank or injection system for aquatic operations,backpack sprayers,and string trimmers,machetes,chainsaws. 3.3. Equipment Calibration: Chemical spray equipment that requires calibration must comply with all laws and the manufacturer's instructions that the equipment is calibrated correctly to the manufacturer's specifications. 3.4. Daily Work Report: The Contractor shall email the daily work report to the Division Project Manager and Inspector for inspection purposes. The data is cumulative of all work issued from the Division throughout the fiscal year(October 1st through September 30th). 3.5. Inclement Weather: Email the Division Project Manager and Inspector when services cannot be performed due to inclement weather conditions. 3.6. Herbicide Treatments include,but are not limited to,the following types of vegetation: 3.6.1. Floating aquatic plants rooted in the soil are free-floating and moved around by wind and water currents(i.e.,water hyacinth and water lettuce). 3.6.2. Submersed aquatic vegetation is rooted in the soil of water bodies. It grows toward the water's surface and sometimes extends a short distance out of the water(i.e., hydrilla, hygrophilla, and pondweed). 3.6.3. Emergent aquatic weeds are rooted in the soil with their leaves extending above the water's surface(i.e., cattail,spatterdock,and aquatic grasses). 3.6.4. Ditch bank/shoreline vegetation is terrestrial inhabit,and the species may extend their rhizomes Page 3 of 8 EXHIBIT A—Scope of Services CooPage 4857 of 6355 16A 9 Invitation to Bid (ITB) AQUATIC VEGETATION MAINTENANCE" into the water body. The ditch bank refers to the portion from the water's edge to the top of the bank. 3.6.5. Fenceline vegetation is a subset of terrestrial vegetation and includes any plants growing near areas such as,but not limited to,fences,guardrails,and gates. 3.6.6. Other terrestrial vegetation to be treated may include Melaleuca, Australian Pine, Shoebutton Ardisia,Lead Tree,and Lygodium. 3.6.7. Seedlings of some species in mixed plant communities may be hand-pulled to minimize the impact of herbicide on non-target vegetation. 3.7. Herbicide Applications: The applications shall be conducted to protect non-target organisms,crops,the environment, and the public. Herbicide applications shall be carried out consistent with Environmental Protection Agency (EPA) and comply with all regulations set forth by the Florida Department of Agriculture and Consumer Services(FDACS). 3.7.1. The Contractor will strictly adhere to all herbicide label directives for applications,precautionary and safety statements,and will be liable for damages due to an herbicide spill or contamination. 3. 7.2. Crews must have access to chemical labels and Safety Data Sheets(SDS)at all times(i.e.storing, transporting,mixing,or applying herbicides). 3.7.3. Transporting chemicals to the application site must be safely stored and securely locked on the transport vehicle during work and whenever the Contractor's staff is absent where the chemicals are located. 3.7.4. Onsite mixing and applications shall comply with the chemical labels. 3.7.5. The Contractor shall be responsible for the systematic/methodical treatment of 100% of target vegetation to prevent re-sprouting. A dead plant does not re-sprout from an original root/rhizome system.All parts of the plant must be dead,not simply defoliated. All control efforts shall be at least 95%effective in preventing the re-sprout of all target vegetation unless specified otherwise by the Division Project Manager. 3. 7. 5.1. If 100%of the area is not treated with a 95%kill rate,it is the Contractor's responsibility to retreat those non-compliant areas, at no cost to the County. Any delays by the Contractor in retreating non-compliant areas shall be the Contractor's responsibility in treating any new growth in those areas. 3.7.5.2. The Division Project Manager's decision as to the overall effectiveness of the treatment is final. 3. 8. Wind Speeds: Herbicide applications are prohibited with wind speeds over 10 miles per hour(mph). The Contractor shall comply with Florida's 5E-2.033 "Organo-Auxin Herbicides:Restrictions and Prohibition,"link: https://www.flrules.org/gateway/RuleNo.asp?id=5E-2.033 3.8.1. Every precaution by the Contractor shall be taken to mitigate herbicide drift. 3.8.2. The Contractor is responsible for restoring damaged areas,at no cost to the County. Page 4 of 8 EXHIBIT A— Scope of Services Page 4858 of 6355 16A f Invitation to Bid (ITB) AQUATIC VEGETATION MAINTENANCE" 3.8.3. Follow the most restrictive wind law or policy when conflicting thresholds exist between laws/policies. 3.8.4. The Contractor shall email the Division Project Manager and Inspector when wind speeds are over 10 mph. Photographic evidence of the wind speed meter reading may be required by the Division Project Manager. 3.9. Dissolved Oxygen: (DO): Monitor DO when required by label and follow all label instructions related to DO. The Contractor shall comply with Florida Rule" 62-302.533 "Dissolved Oxygen Criteria for Class I, Class II, Class III, and Class III-Limited Waters", link: https://www.flrules.org/gateway/ruleno.asp?id=62-302.533 3.10.Re-treatments: The Division may require the Contractor to re-treat an area due to unsatisfactory work performance. For any vegetation treated and still flourishing post-treatment,the Contractor will need to re-treat,at no cost to the County. The Division may require re-treatments to be completed before moving to a new work area. Re-treatments will be inspected. 3.11.Noxious Weed List: Florida Rule: 5B-57.007,link: https://www.flrules.org/gateway/RuleNo.asp?titl e=INTRODUCTION%200R%2ORELEASE%200F% 20PLANT%2OPESTS,%20NOXIOUS%20 WEEDS,%20ARTHROPODS,%20AND%20BIOLOGICA L%2000NTROL%20AGENTS&ID5B-57.007 4. WORK COMMENCEMENT: Work shall commence with the issuance of a purchase order. 5. WORK DELAYS: If there are delays in work,immediately notify the Division Project Manager,and follow up with an email stating the cause of the delay within 48 hours. 6. INSPECTIONS: Onsite inspections may occur to monitor work progress and when the work is completed. The Contractor is to email the Division Project Manager and Inspector via email when completed. Aquatic spraying post-treatment inspections may occur upon notification from the Contractor. 6.1. Work area inspections may occur to ensure treated vegetation is dying; if the inspection reveals treated vegetation is still flourishing post-treatment, the Contractor will need to re-treat those areas at no additional cost to the County. 6.2. The Division Project Manager or Inspector will notify the Contractor when the finished work fails to comply with the specifications. 6.2.1. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 6.2.2. Upon completing the deficient work, the Contractor shall notify the Division Project Manager and Inspector when ready for re-inspection. 6.2.3. The Division may make a final inspection of the work or request photographic evidence. The Division will inform the Contractor of any necessary repair work not completed. 6.2.4. The Contractor shall immediately complete all incomplete work and arrange for another re- inspection. Page 5 of 8 EXHIBIT A—Scope of Services 0 Page 4859 of 6355 6A 9 Invitation to Bid (ITB) AQUATIC VEGETATION MAINTENANCE" 6.2.5. There will be no cost to the County for the Contractor to correct deficient work. 7. LICENSES AND CERTIFICATIONS: The Contractor shall have and maintain through the life of the contract the following valid and current insurances,licenses,and certifications as required by statute,law,and administrative rules during the contract term, renewals, and extensions. The Contractor is responsible for emailing the Contract Administration Specialist and the Division Project Manager within 24 hours of the renewal. 7.1. Valid Florida Department of Agriculture and Consumer Services (FDACS) Certified Commercial Pesticide Applicator License per Chapter 487 F.S.in the category of Aquatic Pest Control. 7.2. Valid Maintenance of Traffic (MOT) or Temporary Traffic Control (TTC), Intermediate Level Certification. 8. CONTRACTOR PERFORMANCE: The Contractor shall perform the activities described in the Scope of Work and specifications safely, properly, and satisfactorily. The Contractor agrees it has the financial capabilities and resources to perform the work by accepting this Contract. The Contractor shall immediately notify the Division's Contract Administrator in writing if its ability to perform the work under the Contract is compromised in any manner. 8.1. The Division Project Manager may utilize the Secondary Contractor if the Primary Contractor cannot perform all the work requested. If the Primary Contractor continually fails to perform the services requested,their Contract may be terminated,and the Secondary Contractor will assume all work under the terms of the Contract. During any notice of default,breach, or suspension,the Division shall have the full authority to utilize the Secondary Contractor as the Primary Contractor. 9. KEY PERSONNEL: Contact information must be provided to the Contract Administration Specialist before the contract kick-off meeting. The information must include names with titles, emails, business, and cell phone numbers. 9.1. Key Personnel employees must be English speaking to effectively communicate with the Division staff. 9.2. In the absence of key personnel, the Contractor shall notify the Division Project Manager with substitution personnel and provide their names and contact information via email. 9.3. The Division reserves the right to remove key personnel from the Contract that fails to communicate with staff effectively. 10. MEETINGS: Either party may request meetings throughout the contract term, requiring mandatory attendance. There are no additional costs to the County for contractual meeting discussions. 11. 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 needs two(2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 12. DAMAGES: It shall be the Contractor's responsibility to 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 Division Project Manager,at no cost to the County where the Contractor's control operations occurred. Page 6 of 8 EXHIBIT A—Scope of Services C a Page 4860 of 6355 16A 9 Invitation to Bid (ITB) AQUATIC VEGETATION MAINTENANCE" 12.1. Any damages by the Contractor's crews shall be repaired or replaced at the sole expense of the Contractor within 10 calendar days from the date of damage. 12.2. It shall be at the Division's discretion to withhold estimated damage repair/replacement costs from an invoice until said repairs are completed and accepted. 13. PESTICIDE APPLICATOR RECORDS: Upon written request by the Division, the licensed applicator shall make available the records required to be maintained under the Florida Administrative Rule for Pesticide Applicator Records" and shall permit the Division to have access and copies of the records. The original records shall be maintained by the licensed applicator. All records shall comply with the rule, link: https://www.flrules.org/gateway/RuleNo.asp?ID=5E-9.032 14. CLEAN UP: The Contractor is responsible for removing herbicide containers and associated debris from the worksite. The Division Project Manager will notify the Contractor to return to the worksite the same day to remove the debris. 15. MAINTENANCE OF TRAFFIC (MOT)/TEMPORARY TRAFFIC CONTROL (TTC): MOT/TTC is the Contractor's responsibility when applicable.The Contractor is responsible for setting up and maintaining MOT/TTC while performing services in the right-of-way and roadways. 15.1. MOT/TTC is a requirement for the safety and protection of the Contractor's employees and traveling public during services. It is the Contractor's sole responsibility for safety in the work zone. 15.2. MOT/TTC shall conform to the current edition of the FDOT's Standard Plans for Road and Bridge Construction, Index 102, Design Standards Index 600 series, link: https://www.fdot.gov/design/standardplans/sprbc.shtm, and The Manual on Uniform Traffic Control Devices(MUTCD),link: https://mutcd.fhwa.dot.gov/index.htm. 15.3. The Contractor is authorized to subcontract MOT/TTC.It is required that the subcontractor have current FDOT-approved Maintenance of Traffic or Temporary Traffic Control, Intermediate Level, Certification. 15.4. The Contractor's employee or Contractor's subcontractor is responsible for the MOT/TTC plan and equipment setup and shall have current FDOT-approved certification in their name. They must be readily available within twenty(20)minutes of the initial contact by County staff to address work zone safety issues. 15.5. MOT/TTC setup that does not comply with FDOT standards, the Contractor will need to cease operations until MOT/TTC is correct per the 600 series design standard. 16. WORK ZONE SAFETY: Contractor shall use caution while working in County Right-of-Way and roadways. The Contractor shall use caution while working in or around County-owned or operated facilities, right-of-way, sides of right-of-way, and roadway medians. When working within a right-of-way(i.e.,roads, sidewalks,bike paths,etc.)Follow applicable FDOT and/or MUTCD requirements,such as but are not limited to: 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. Page 7 of 8 EXHIBIT A—Scope of Services Page 4861 of 6355 16A 9 Invitation to Bid (ITB) AQUATIC VEGETATION MAINTENANCE" 16.3. An applicable work zone(Maintenance of traffic)plan based on FDOT and/or MUTCD designs on site. 16.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 17. UTILITIES: The Contractor shall be responsible for exercising precautions while working near utilities. 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 needs two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 18. WORK HOURS: Monday through Friday from 7:00 a.m. to 5:00 p.m. The Contractor may request permission from the Division Representative to work outside the daytime hours and workdays. There is no additional compensation for working on weekends,holidays,or evening hours. 19. PRICE MODIFICATIONS: Price increase requests may be submitted annually (365 days from the agreement anniversary date). 19.1. Submit price increase requests in writing by email to the Contract Administrator no less than 30 days before the annual contract anniversary date for consideration. Price increase requests review may take over 60 days to complete.Retroactive price adjustments are not authorized. 19.2. Contractor shall provide supporting documentation justifying price increases (examples: Bureau of Labor Statics,supplier material agreements,fuel increases,etc.). If there is no documented proof,price increases will not be considered. 19.3. Contract Administrator shall analyze prices to determine whether increases are fair and reasonable using the following methods: price competition,market prices, historical prices,or independent estimates. 19. 4. Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. 19.5. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The EXHIBIT B FEE SCHEDULE shall be modified with the price increases and uploaded into the County's Finance system, in accordance with Procurement policies and procedures. 19.6. Price increase requests are not guaranteed.If approved,the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. 20. COMPENSATION: Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the"Local Government Prompt Payment Act". 20.1. Invoices may be rejected for inaccurate information and documentation. 20.2. Invoices shall include the Division Name,Contract Number,Purchase Order Number,and itemized line item. 20.3. Backup documents. Page 8 of 8 EXHIBIT A—Scope of Services Page 4862 of 6355 16A 9 Exhibit B Fee Schedule following this page (pages 1 through 4 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 Page 4863 of 6355 16A 9 Invitation to Bid (ITB)#23-8077 Aquatic Vegetation Maintenance" EXHIBIT B FEE SCHEDULE Primary Contractor) DeAngelo Contracting Services LLC Work Area 1: Western & Southern Collier County Aquatic Spraying: The aquatic spraying unit price does not include the cost of chemicals.The Contractor will supply the chemicals and reimbursement will be the actual cost of the chemicals plus a 10 percent markup. Item Description UOM Unit Price Per Acre includes labor(Licensed Commercial Applicator,Chapter 487 1.1 F.S.,crew leader,laborer as required for the worksite),equipment,fuel, Per Acre $ 234.00 materials,overhead,etc., for aquatic spraying activities. Per Acre with Maintenance of Traffic(MOT)/Temporary Traffic Control TTC)includes labor( labor includes Licensed Commercial Applicator, Per Acre $ 308.001.2 Chapter 487 F.S.,crew leader,laborer),equipment,fuel,materials, with TTC/MOT overhead,etc.,MOT/TTC,for aquatic spraying activities. Chemical Markup Percentage is 10%: Added to the cost of goods;there is no markup on tax or freight. The Contractor is responsible for purchasing and supplying the chemicals(i.e.,herbicides,adjuvants)to perform aquatic spraying. Work Area 1: Additional Services Additional Services: The unit price includes labor,equipment(such as but not limited to,string trimmers, chain saws,machetes,etc.),fuel,transportation,MOT/TTC to complete the work. Item Description UOM Unit Price 1.3 Crew Leader/Supervisor Hourly 46.00 1.4 Laborer&Equipment Hourly 54.00 1.5 Crew Leader/Supervisor w/MOT Hourly 67.00 1.6 Laborer&Equipment w/MOT Hourly 122.00 1.7 Licensed Applicator Other Hourly 42.00 1.8 Crew Leader Other Hourly 46. 00 1.9 Dump Truck with Operator Hourly 90.00 1.10 Grapple Truck with Operator Hourly 90.00 Material Markup Percentage is 10%: The markup is ten(10%)percent added to the cost of goods;there is no markup on tax or freight. 4 Pass Through Costs: These charges may include permits,disposal fees,etc.and reimbursement is at the actual costs shown on the receipt;there is no markup on pass-through expenses. Page 1 of 4 o Page 4864 of 6355 16A 9 Invitation to Bid(ITB)#23-8077 Aquatic Vegetation Maintenance" EXHIBIT B FEE SCHEDULE Primary Contractor) DeAngelo Contracting Services LLC Work Area 2: Naples and North Naples Collier County Aquatic Spraying: The aquatic spraying unit price does not include the cost of chemicals.The Contractor will supply the chemicals and reimbursement will be the actual cost of the chemicals plus a 10 percent markup. Item Description UOM Unit Price Per Acre includes labor(Licensed Commercial Applicator,Chapter 487 2.1 F.S.,crew leader,laborer as required for the worksite),equipment,fuel, Per Acre $ 234.00 materials,overhead,etc., for aquatic spraying activities. Per Acre with Maintenance of Traffic(MOT)/Temporary Traffic Control TTC)includes labor(labor includes Licensed Commercial Applicator, Per Acre 308. 002.2 Chapter 487 F.S.,crew leader,laborer),equipment,fuel,materials, with TTC/MOT $ overhead,etc.,MOT/TTC,for aquatic spraying activities. Chemical Markup Percentage is 10%: Added to the cost of goods;there is no markup on tax or freight. The Contractor is responsible for purchasing and supplying the chemicals(i.e.,herbicides,adjuvants)to perform aquatic spraying. q j, Work Area 2: Additional Services Additional Services: The unit price includes labor,equipment(such as but not limited to,string trimmers, chain saws,machetes,etc.),fuel,transportation,MOT/TTC to complete the work. Item Description UOM Unit Price 2.3 Crew Leader/Supervisor Hourly 46. 00 2.4 Laborer&Equipment Hourly 54. 00 2.5 Crew Leader/Supervisor w/MOT Hourly 67.00 2. 6 Laborer&Equipment w/MOT Hourly 122.00 2.7 Licensed Applicator Other Hourly 42. 00 2.8 Crew Leader Other Hourly 46. 00 2.9 Dump Truck with Operator Hourly 90. 00 2.10 Grapple Truck with Operator Hourly 90.00 Material MarkupPercentage is 10%: The markupis ten 10% percent added to the cost of goods,there isg no markup on tax or freight. Pass Through Costs: These charges may include permits,disposal fees,etc.and reimbursement is at the actual costs shown on the receipt;there is no markup on pass-through expenses. Page 2 of 4 Page 4865 of 6355 16A 9 Invitation to Bid(ITB)#23-8077 Aquatic Vegetation Maintenance" EXHIBIT B FEE SCHEDULE Primary Contractor) DeAngelo Contracting Services LLC Work Area 3: Immokalee& Eastern Collier Collier County Aquatic Spraying: The aquatic spraying unit price does not include the cost of chemicals.The Contractor will supply the chemicals and reimbursement will be the actual cost of the chemicals plus a 10 percent markup. Item Description UOM Unit Price Per Acre includes labor(Licensed Commercial Applicator,Chapter 487 3.1. F.S.,crew leader,laborer as required for the worksite),equipment,fuel, Per Acre $ 234.00 materials,overhead,etc.,for aquatic spraying activities. Per Acre with Maintenance of Traffic(MOT)/Temporary Traffic Control 3 2 ( TTC)includes labor(labor includes Licensed Commercial Applicator, Per Acre $ 308. 00 Chapter 487 F.S.,crew leader,laborer),equipment,fuel,materials, with TTC/MOT overhead,etc.,MOT/TTC,for aquatic spraying activities. Chemical Markup Percentage is 10%: Added to the cost of goods;there is no markup on tax or freight. The Contractor is responsible for purchasing and supplying the chemicals(i.e.,herbicides,adjuvants)to perform aquatic spraying. Work Area 3: Additional Services Additional Services: The unit price includes labor,equipment(such as but not limited to,string trimmers, chain saws,machetes,etc.),fuel,transportation,MOT/TTC to complete the work. Item Description UOM Unit Price 3.3 Crew Leader/Supervisor Hourly $ 46.00 3.4 Laborer&Equipment Hourly 54.00 3. 5 Crew Leader/Supervisor w/MOT Hourly 67.00 3.6 Laborer&Equipment w/MOT Hourly $ 122.00 3.7 Licensed Applicator Other Hourly 42.00 3.8 Crew Leader Other Hourly 46.00 3.9 Dump Truck with Operator Hourly 90. 00 3.10 Grapple Truck with Operator Hourly 90. 00 Material Markup Percentage is 10%: The markup is ten(10%)percent added to the cost of goods;there is no markup on tax or freight. Pass Through Costs: These charges may include permits,disposal fees,etc.and reimbursement is at the actual costs shown on the receipt;there is no markup on pass-through expenses. Page 3 of 4 Page 4866 of 6355 16A 9 Invitation to Bid(ITB)#23-8077 Aquatic Vegetation Maintenance" EXHIBIT B FEE SCHEDULE Primary Contractor) DeAngelo Contracting Services LLC Other Work Areas: Divisions Countywide Aquatic Spraying: The aquatic spraying unit price does not include the cost of chemicals.The Contractor will supply the chemicals and reimbursement will be the actual cost of the chemicals plus a 10 percent markup. Item Description UOM Unit Price Per Acre includes labor(Licensed Commercial Applicator,Chapter 487 0.1 F.S.,crew leader,laborer as required for the worksite),equipment,fuel, Per Acre S 234. 00 materials,overhead,etc.,for aquatic spraying activities. Per Acre with Maintenance of Traffic(MOT)/Temporary Traffic Control TTC)includes labor( labor includes Licensed Commercial Applicator, Per Acre 308. 000.2 Chapter 487 F.S.,crew leader,laborer),equipment,fuel,materials, with TTC/MOT $ overhead,etc.,MOT/TTC,for aquatic spraying activities. r, Chemical Markup Percentage is 10%: Added to the cost of goods;there is no markup on tax or freight. The Contractor is responsible for purchasing and supplying the chemicals(i.e.,herbicides,adjuvants)to perform aquatic spraying. Other Work Areas: Additional Services Additional Services: The unit price includes labor,equipment(such as but not limited to,string trimmers, chain saws,machetes,etc.),fuel,transportation,MOT/TTC to complete the work. Item Description UOM Unit Price 0.3 Crew Leader/Supervisor Hourly 46.00 0.4 Laborer&Equipment Hourly 54.00 0.5 Crew Leader/Supervisor w/MOT Hourly $ 67.00 0.6 Laborer&Equipment w/MOT Hourly 122.00 0.7 Licensed Applicator Other Hourly 42. 00 0.8 Crew Leader Other Hourly $ 46.00 0.9 Dump Truck with Operator Hourly $ 90.00 0.10 Grapple Truck with Operator Hourly 90.00 Material Markup Percentage is 10%: The markup is ten(10%)percent added to the cost of goods;there is no markup on tax or freight. Pass Through Costs: These charges may include permits,disposal fees,etc.and reimbursement is at the actual costs shown on the receipt;there is no markup on pass-through expenses. Prices shall remain firm for the first year(365 days)of this contract. Page 4 of 4 Page 4867 of 6355 16A 9 Other Exhibit/Attachment Description: following this page (pages through this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 r17 Page 4868 of 6355 16A 9 t A d CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 3/14/2023 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 CONTACT NAME: Kevin ROOT Assurance, a Marsh&McLennan Agency LLC company PHONE FAX 20 N Martingale Road ANo.Ext): (312) 625-5948 A/C,No):(847)440-9116 Suite 100 ADDRESS: Kevin.Roof@MarshMMA.com Schaumburg IL 60173 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Starr Indemnity and Liability 38318 INSURED SEVEISL-02 INSURER B:INDEMNITY INS CO OF NORTH AMER 43575 DeAngelo Contracting Services, LLC 100 North Conahan Drive INSURER C:HDI Specialty Insurance Compan 16131 Hazleton PA 18201 INSURER D:Endurance American Insurance C 10641 INSURER E: Endurance American Specialty I _ 41718 INSURER F: CAPITOL SPECIALTY INS CORP 10328 COVERAGES CERTIFICATE NUMBER:1761964770 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W M/ LIMITSLTRINSDVDPOLICYNUMBERMM/DD/YYYY) (MDD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y 1000025924221 11/1/2022 11/1/2023 EACH OCCURRENCE 2,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $500,000 X DED 500,000 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 X ,P1EC1 X LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY 1000672941221(AOS) 11/1/2022 11/1/2023 COMBINED SINGLE LIMIT $2,000,000 A 1000672978221(MA Only) 11/1/2022 11/1/2023 ( Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY Per accident) B X UMBRELLA LIAB X OCCUR XS0001135 22 11/1/2022 11/1/2023 EACH OCCURRENCE 3,000,000 C CLXD5897400S 11/1/2022 11/1/2023 D EXCESSLIAB CLAIMS-MADE EXC30026857700 11/1/2022 11/1/2023 AGGREGATE 3,000,000 DED RETENTION$Rn ADDITIONAL LAYERS SEE REMARKS A WORKERS COMPENSATION 100000482503(AOS) 11/1/2022 11/1/2023 X STATUTE EORH A AND EMPLOYERS'LIABILITY Y/N 100000482601(FL,MA) 11/1/2022 11/1/2023 ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $1,000, 000 OFFICER/MEMBER EXCLUDED? Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000, 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Prof Liability/Pollution PNV10015266701 11/4/2022 11/1/2023 Prof Occ/Agg 5,000,000 F Excess Pollution EX20210970-02 11/4/2022 11/1/2023 Poll Occ/Agg 5,000,000 XS Poll Occ/Agg 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) First Excess Policy(XS000113522)Limits:Each Occurrence-$3,000,000;Aggregate-$3,000,000 Second Excess Policy(CLXD58974005)Limits:Each Occurrence-$3,000,000;Aggregate-$3,000,000 Third Excess Policy(EXC30026857700)Limits:Each Occurrence-$2,000,000;Aggregate-$2,000, 000 Re:Project#23-8077-Aquatic Vegetation Maintenance It is agreed that the following are added as Additional Insureds,when required by written contract,on the General Liability and Automobile 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail East AU HORIZED REREPRESENTATIVE Naples FL 34112 w"yV Qom.. -. 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 4869 of 6355 16A 9 AGENCY CUSTOMER ID: SEVEISL-02 LOC#: AC ADDITIONALADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED Assurance,a Marsh&McLennan Agency LLC company DeAngelo Contracting Services, LLC 100 North Conahan Drive POLICY NUMBER Hazleton PA 18201 CARRIER NAIC CODE EFFECTIVE DATE: 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,or Board of County Commissioners in Collier County,or Collier County Government or Collier County If the above policies are cancelled by the Company or by the insureds,other than for nonpayment of premium,notice of such cancellation will be provided to the certificate holder at least 30 days in advance of the cancellation effective date.If the above policies are 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. ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 4870 of 6355 16A 9 COMMERCIAL AUTO Starr Indemnity & Liability Company SICA-1016 (0620) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AUTOMATIC STATUS AMENDATORY ENDORSEMENT Policy Number: 1000672941221 Effective Date: 11/ 01/2022 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 arising out of use of a covered"auto". However,the insurance provided 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 (0620) Copyright Starr Indemnity&Liability Company.All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4871 of 6355 I6A 9 POLICY NUMBER: 1000025924221 COMMERCIAL GENERAL LIABILITY CG20371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract Location And Description of Completed Operations: Where required by written contract Additional Premium: Included 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". CG 20 37 10 01 ISO Properties, Inc., 2000 Page 1 of 1 0 Page 4872 of 6355 1 6 A 9 POLICY NUMBER: 1000025924221 COMMERCIAL GENERAL LIABILITY CG20101001 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 Name of Person or Organization: Where required by written contract If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to 1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection shown in the Schedule, but only with respect to with such work, on the project (other liability arising out of your ongoing operations than service, maintenance or repairs) performed for that insured. to be performed by or on behalf of the additional insured(s) at the site of the B. With respect to the insurance afforded to these additional insureds, the following exclusion is covered operations has been completed; or added: 2. Exclusions 2) That portion of"your work" out of which the injury or damage arises has been This insurance does not apply to "bodily inju- put to its intended use by any person or ry" or"property damage" occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ISO Properties, Inc., 2000 Page 1 of 1 0 Page 4873 of 6355 MULTI-CONTRACTOR AWARD AGREEMENT 23-8135 for Exotic and Nuisance Vegetation Removal THIS AGREEMENT, made and entered into on this Qie day of Pia 'i i 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 IiI upon the date of Board approval; or I } on and terminating three 3 year(s) from that date or until all outstanding III Purchase Order(s) Order{$ 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 underallofthetermsandconditionscontainedinthisAgreementforuptoonehundredand eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a *Purchase Order 3. STATEMENT OF WORK. The Contractor shall provide servicesl in accordance with tIlI terms and conditions of I 1 IFQ 23-8135 Other: Invitation for Qualification 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_ver.2) Page 4874 of 6355 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 I I The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. The procedure for obtaining Work under this Agreement is outlined in I I Other Exhibit/Attachment: 4. THE AGREEMENT SUM. IUI 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. Gentraeter's- oted-prices shall-be-.based e ...Exhibit-B--Eee..SohedU4e. 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". I amount of as defined in Section 4.1. I I II 4.1 Price Methodology (as selected below): IUI 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. II Ti $c. „d AA 4or:,..'.- cry t materials plus the contractor's markup). This methodology is generally used in projects in Page 2 of 36 Multi-Contractor Award Agreement 2023_ver.21 C f Page 4875 of 6355 that the project requirements would most likely change. As a general business prastise; or payroll records), material or equipment invoices, and other reimbursable documentation fef the project. 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"'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4.5 imh irr m n} hrIl ham, ..} }ham hiinTR r rrn4 sr• Mileage 0.44.5 per mile Breakfast 6-90 hunsh 11.00 Big 00 r€are class fare Rental car Actual rental cost limited to compact or standard-size vehicles with a cap of no more than $150.00 per night Actual cost of parking Taxi or Airport Limousine Page 3 of 36 Multi-Contractor Award Agreement o 2023_ver.2] GP Page 4876 of 6355 Reimbursable items other than travel expenses shall be limited to the following: telephone undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 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: DeAngelo Contracting Services LLC Address: 14250 Jetport Loop W Fort Myers, FL 33913 Authorized Agent: Jarrod DeAngelo, President/Member Attention Name & Title: Eve Doston, Admin Assistant Telephone: 570) 580-9100 / (239) 286-7377 E-Mail(s): 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: Road Maintenance Division Division Name: Marshal Miller Address: 4800 Davis Blvd Naples, Florida 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone: 239) 252-5591 E-Mail(s): Melissa.Pearson@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. Page 4 of 36 Multi-Contractor Award Agreement 2023_ver.2] C, ' Page 4877 of 6355 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. ICI Commercial General Liability: Coverage shall have minimum limits of 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Page 5 of 36 Multi-Contractor Award Agreement o 2023_ver.2] CP' Page 4878 of 6355 B. Business Auto Liability: Coverage shall have minimum limits of$ 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. 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. B- 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$ach claim ae gate: n F. 0 Pollution Liability Coverage shall have minimum limits of $ 1,000,000 per claim/occurrence. G- I minimum limits of$ per claim/occurrence. 1+ I minimum limits of$ per claim/occurrence. 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] GPI Page 4879 of 6355 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), I I Exhibit A Scope of Services, Exhibit Fee Schedule, I I RFP/ F I ITB/I I Other Invitation for Qualification (IFQ) 23-8135 , including Exhibits, Attachments and Addenda/Addendum, subsequent quotes and corresponding contract documents, I I Exhibit C-1 Public Payment Bond, Exhibit C-2 Public Performance Bond,I I Il I I Exhibit G Certificate of Substantial Completion, I Gempletion, Exhibit f - Warranty, and Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box (MI) expressly apply to the terms of this Agreement. Page 7 of 36 Multi-Contractor Award Agreement GPO 2023_ver.2] Page 4880 of 6355 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 Ill, 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: PublicRecordRequest(colliercountyfLov 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 O 2023_ver.2] C'' Page 4881 of 6355 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 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. 23. he Page 9 of 36 Multi-Contractor Award Agreemen p 2023_ver.2 C Page 4882 of 6355 the Commencement Date shall be at the sole risk of Contractor. Quotation/Scope of Work. The date of substantial completion of the Work (or designated Work (or designated portions thereof) for the use for which it is intended. The Work shall liquidated damages, but not as a penalty, the amount specified in the Request for achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to sock to characterize the and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable 24. Exhibit "E." 25. any payments otherwise due to Contractor under this Agreement or any other Agreement claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Page 10 of 36 Multi-Contractor Award Agreement 0 2023_ver.2] G Page 4883 of 6355 Contractor to make patent equipment (d) reasonable doubt that the Work can be completed for the tamp ' ee the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any if a subcontractor is a related entity to the Contractor, then the Contractor shall not mark 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. 11111 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] Q Page 4884 of 6355 Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. U wae res:of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it upon written order of Owner, and Owner shall not be liable to the Contractor for any Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications arc authorized. m changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be 29. jUl 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. •1 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. Ill PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Page 12 of 36 Multi-Contractor Award Agreement(" 2023_ver.2] G Page 4885 of 6355 Contractor shall be charged with the same, and any monies necessary to replacesuchlossordamageshallbedeductedfromanyamountsdueContractor.B. Contractor shall not load nor permit any part of any structure to be loaded in anymannerthatwillendangerthestructure, nor shall Contractor subject any part of theWorkoradjacentpropertytostressesorpressuresthatwillendangerit.C. Contractor shall not disturb any benchmark established by the County with respect totheProject. If Contractor, or its subcontractors, agents or anyone, for whomContractorislegallyliable, disturbs the County's benchmarks, Contractor shallimmediatelynotifytheCounty. 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 threateneddamage, 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. Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Mork (or desi.noted portion) substantially complete, the Owner shall notify Contractor in writing giving the If Owner considers the Work (or designated portion) substantially complete, Owner shall Page 13 of 36 Multi-Contractor Award Agreement QO 2023_ver.2] G Page 4886 of 6355 make such inspection and, if Owner finds t terms and conditions of the Contract Documents, that the entire balance found to be duoContractorisdueandpayable. Final payment shall not become due and payable until A 4{ H BB- Consent C: D The warranty in the form attached as Exhibit "I". to the acceptability of the Work. Unless and until the Owner is completely satisfied, the 35. n 1Ay A R. A AITV will be of satisfactory material and quality production, free from defects, and sufficient for claim of an shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title under fabricators, suppliers or processors except as otherwise provided for in the Contract Deetiments, If, within one (1) year after final completion, any Work is found to be defective or not in cr refit of written notice from the County. Contractor shall also be responsible for and pay for such replacement or repair. These warranties arc in addition to those implied warranties t d as a matter of law. 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 ITEMS/SERVICES. 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 Q0 2023_ver.2] Page 4887 of 6355 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted bythisAgreementtoresolvedisputesbetweentheparties, the parties shall make a good faithefforttoresolveanysuchdisputesbynegotiation. The negotiation shall be attended byrepresentativesofContractorwithfulldecision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations toCountyforapproval. 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 MediatorcertifiedbytheStateofFlorida. 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 forapproval. 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 jurisdictiononallsuchmatters. 40. I I shall be available for an amo Gentr as far in advance as possible. The peFsonneh 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. take-pfeeedenee ICI 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 0 2023_ver.2] Page 4888 of 6355 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-FMOPScolliercountyfl.qov) 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 GQ0 2023_ver.2] Page 4889 of 6355 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] GP0 Page 4890 of 6355 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,Ci soothe Circuit rCourtandComptrofl'e ''••., 1 r By: By: Chris H hairman Dated: V SEA .) ##e t• s•to'C. r ' n's siriatute onl Contractor's Witnesses: DeAngelo Contracting Services LLC Contractor d./(x.y/ By: Contror's First ess SignatureLg We har) A. (JOfle 5 . TType/print signature and titleT TType/ int witness name 11) Aa 4),L,0,4 Contractor's Second Witness re nc U X n K TType/print witness name Approved . i r and Legality: L Atto ey clu. ; . IH Prin' N.1' Page 18 of 36 Multi-Contractor Award Agreement GPp 2023_ver.2] Page 4891 of 6355 Exhibit A Scope of Services U following this page (pages 1 through 5 ) n this exhibit is not applicable Page 19 of 36 Multi-Contractor Award Agreement 0,0 2023_ver.2] Page 4892 of 6355 Invitation for Qualifications (IFQ)#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, 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/plantlist2019.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 CPO Page 4893 of 6355 Invitation for Qualifications(IFQ)#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. 2.2. 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 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 of services 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 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 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 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 0,0 Page 4894 of 6355 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.org/gateway/RuleNo.asp?title=INTRODUCTION%20OR%20RELEASE%20OF%2 OPLANT 20PESTS,%20NOXIOUS%20WEEDS,%20ARTHROPODS,%20AND%20BIOLOGICAL%2000NTRO L%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: https://www.flrules.org/gateway/RuleNo.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/gateway/RuleNo.asp?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. Page 3 of 5 CP0ExhibitA—Scope of Services Page 4895 of 6355 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 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, 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 Cp,0 Page 4896 of 6355 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.colliercountyfl.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 Page 4897 of 6355 Exhibit B Fee Schedule following this page (pages through I I this exhibit is not applicable Page 20 of 36 Multi-Contractor Award Agreement GPO2023_ver.2] Page 4898 of 6355 Exhibit C-1 7 this exhibit is not applicable 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 Agreement 2023_ver.2] GPO Page 4899 of 6355 Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: 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: Signature of Notary Public-State of Florida) Name: Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: Printed Name) Business Address) Authorized Signature) Witness as to Surety Printed Name) Page 22 of 36 Multi-Contractor Award Agreement j[2023_ver.2] i Page 4900 of 6355 OR 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: 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 GPO 2023_ver.2] Page 4901 of 6355 n 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 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 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 GPO 2023_ver.2] Page 4902 of 6355 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 : PRINCIPAL: By: Witnesses as to Principal Name: Its: 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: Signature of Notary Public-State of Florida) Name: Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 25 of 36 Multi-Contractor Award Agreement 2023_ver.2] GPO Page 4903 of 6355 ATTEST: SURETY: Printed Name) Business Address) Authorized Signature) Witness as to Surety Printed Name) OR 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 El 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: Signature of Notary Public-State of Florida) Name: Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 26 of 36 Multi-Contractor Award Agreement O 2023_ver.2] GP Page 4904 of 6355 n this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( STATE OF ( Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: 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. CONTRACTOR BY: Witness ITS: DATE: Witness Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of 0 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.O Page 4905 of 6355 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: Contractor's Representative) Payment Application No. Contractor's Name)for Work accomplished through the Date: Contractor's Address) RE: Proj ect Name) Original Contract Time: Original Contract Amount: Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru [insert date]and stored to Date Retainage @ _% after [insert date] Less previous payment (s) Percent Work completed to Date: AMOUNT DUE THIS Percent Contract Time completed to Date APPLICATION: Liquidated Damages to be Accrued 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 GAO 2023_ver.2] Page 4906 of 6355 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 : DP's Name) Signature) DATE: 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 CAS 2023_ver.2] Page 4907 of 6355 n this exhibit is not applicable 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/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! 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 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/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 ] C110 Page 4908 of 6355 I 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 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 CAO Page 4909 of 6355 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 OWNER By: Type Name and Title Page 32 of 36 Multi-Contractor Award Agreem-. 2023_ - Page 4910 of 6355 1.1 this exhibit is not applicable EXHIBIT H CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date 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 2] 90 Page 4911 of 6355 Executed by Design Professional on 20_ 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 20_ OWNER By: Type Name and Title Page 34 of 36 Multi-Contractor Award Agreement 2023_v- . 0 Page 4912 of 6355 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] 0 Page 4913 of 6355 Other Exhibit/Attachment 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 0 7O Page 4914 of 6355 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 n 0 Page 4915 of 6355 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. OHS 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 n 0 Page 4916 of 6355 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 03) Page 4917 of 6355 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 thetierabovethatitwillnotandhasnotusedFederalappropriatedfundstopayanypersonororganizationfor 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 n 0 Page 4918 of 6355 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 lessthanoneandone-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 contractororsubcontractorwillpermitsuchrepresentativestointerviewemployeesduringworkinghoursonthejob. EXHIBIT I -5 Page 4919 of 6355 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 n 0 Page 4920 of 6355 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 inwholeorinpartanthecontractormaybedeclaredineligibleforfurtherGovernmentcontractsorfederallyassistedconstructioncontractsinaccordancewithproceduresauthorizedinExecutiveOrder11246of 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 Page 4921 of 6355 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 thin euhrnntrart that(1)thin et hrnntrartnr ie hni in l by thin tarmc of thie Anraamant (iil thin mihrnntrartnr ie Page 4922 of 6355 ACOR EP0 DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE IMM/ 024 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: Kevin Roof Marsh& McLennan Agency LLC PHONE Ex11:(312)625-5948 FAX No):(847)440 9116 20 North Martingale Road E-MAIL Schaumburg IL 60173 ADDRESS: Kevin.Roof@MarshMMA.com INSURER(S)AFFORDING COVERAGE NAIC INSURER A:Starr Indemnity and Liability 38318 INSURED SEVEISL-02 INSURER B:Endurance American Specialty I 41718 DeAngelo Contracting Services, LLC 100 North Conahan Drive INSURER C:Indemnity Insurance Company of 43575 Hazleton, PA 18201 INSURERD:Lexington Insurance Company 19437 INSURER E:Endurance American Insurance C 10641 INSURER F: CAPITOL SPECIALTY INS CORP 10328 COVERAGES CERTIFICATE NUMBER:2097558144 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. ILICY EXPNSRADDLTYPEOFINSURANCEINSDWVDSUBRPOLICYNUMBERMMIDDIYYYY) (MPOUCYEFFM/DD/YYYYI LIMITS LTR INSD WVD A X COMMERCIAL GENERAL LIABILITY Y 1000025924231 11/1/2023 11/1/2024 EACH OCCURRENCE 2,000,000 DAMAGE TO X PREMISES(EaENTEoccu eCLAIMS-MADE OCCUR nce) $500,000 X DED 500,000 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 X JE X LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER. A AUTOMOBILE LIABILITY Y 1000672941231 11/1/2023 11/1/2024 COMBINED SINGLE LIMIT $2,000,000 A 1000672978231 11/1/2023 11/1/2024 ( Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) C X UMBRELLA LIAB X OCCUR XS000113523 11/1/2023 11/1/2024 EACH OCCURRENCE 2,000,000 D — 052114890 11/1/2023 11/1/2024 E EXCESS LIAB CLAIMS-MADE EXC30026857701 11/1/2023 11/1/2024 AGGREGATE 2,000, 000 DED RETENTION$qn ADDITIONAL LAYERS SEE REMARKS A WORKERS COMPENSATION 1000004825 11/1/2023 11/1/2024 X STATUTE ERH A AND EMPLOYERS'LIABILITY Y/N 1000004826 11/1/2023 11/1/2024 ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 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 Prof Occ/Agg 5,000,000 F Excess Pollution EX20210970-03 11/1/2023 11/1/2024 Poll Occ/Agg 5,000,000 XS Poll Occ/Agg 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 TamiamiFL 4 Trail East Au ORIZEDRE' SENTATIVE Naples FL 34112 hoc. edator.-- 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 4923 of 6355 AGENCY CUSTOMER ID: SEVEISL-02 LOC#: A`CIRD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Marsh&McLennan Agency LLC DeAngelo Contracting Services,LLC 100 North Conahan Drive POLICY NUMBER Hazleton,PA 18201 CARRIER NAIC CODE EFFECTIVE DATE: 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 certificate 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. ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved. 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