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Backup Documents 02/13/2018 Item #16A 9 (Florida Dirt Source)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 A 9 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials� Date 1. Risk Risk Management 2/1g g//S 2. County Attorney Office County Attorney Office Ser (3 OHP) 2-2b-I$ 4. BCC Office Board of County Commissioners �} 2- '€ 4. Minutes and Records Clerk of Court's Office c7-pielie) L #102).4C-- 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Barbara Lance for Viviana Contact Information 239-252-8998 Contact/ Department Giarimoustas Agenda Date Item was February 13,2018 Agenda Item Number 16.A.9 Approved by the BCC Type of Document Contract Number of Original (Y Attached Documents Attached PO number or account N/A 17-7158 Purchase& Florida Dirt Source number if document is Delivery of Aggregates LLC, Grippo Pa ment to be recorded Maintenance,I . INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK 14/1q 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BL document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/13/2018 and all changes made during J = : the meeting have been incorporated in the attached document. The County J Attorney's Office has reviewed the changes,if applicable 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is read Chairman's signature. C r FA V FLA:a FEB 13 2018 1 Risk Management 1 6 A 9 MEMORANDUM Date: February 26, 2018 To: Barbara Lance for Viviana Giarimoustas, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #17-7158 "Purchase and Delivery of Aggregates" Contractor: Florida Dirt Source, LLC Attached for your records is a copy of the referenced document above, (Item #16A9) adopted by the Board of County Commissioners on Tuesday, February 13, 2018. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 1 6 A 9 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 17-7158 for Purchase and Delivery of Aggregates THIS AGREEMENT, made and entered into on this '` day of fQ)cru c\ 20 ' , by and between Florida Dirt Source, LLC , authorized to do business in the State of Florida, whose business address is 5130 Broad Street, Brooksville, Florida 34601 , (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 _ 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 ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of (l Request for Proposal (RFP) ❑■ Invitation to Bid (ITB) (l Other ( ) # 17-7158 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. n The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Pagel of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16A9 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 n The procedure for obtaining Work under this Agreement is outlined in ❑ Other Exhibit/Attachment: 3.4 ❑ The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): n Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ 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 2017.008(Ver.1) 1 6 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 (check if applicable) Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations 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: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 A 9 Company Name: Florida Dirt Source, LLC Address: 5130 Broad Street Brooksville, Florida 34601 Authorized Agent: Gerard W. Rousseau, Owner/Manager Attention Name & Title: Ray Jolicoeur, Sales Manager Telephone: (352) 433-4752 E-Mail(s): rayj@fdsthunderbay.corn 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: Travis Gossard Division Name: Road Maintenance Division Address: 4800 Davis Boulevard Naples, Florida 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone: (239) 252-5591 E-Mail(s): MelissaPearson@colliergov.net 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 2017.008(Ver.1) 1 6 A 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. 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. 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 $ 100,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1649 D. ❑ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. E. ❑ Cyber Liability: Coverage shall have minimum limits of$ per claim. F. ❑ : 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 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. Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 A 9 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, ❑ RFP/ n ITB/❑ Other #17-7158 including Exhibits, Attachments and Addenda/Addendum, ❑ 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, 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 Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1bA9 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, 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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 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. 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. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 A 9 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 Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold any payments otherwise due 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. 25. ❑ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 A 9 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. C 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 Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1bA9 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. n KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 A 9 0 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. 1.1 ORDER OF PRECEDENCE. In the event:of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ORDER OF PRECEDENCE (Grant Funded). In 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 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. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint: check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.]) 1 6 A 9 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. Ii 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 2017.008(Ver.1) 1 6 A 9 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF *s t COMM ' : RS COLLIER ' OU FLOR .s Dwigi , $rock, cfrii of Courts By '� -" ` r By: Andy Soils , Chairman Dated. 4 'S (SEAL) signature only. Contractor's Witnesses: Florida Dirt Source, LLC _ Contractor _ 1 r , \\> !. Contractor' First Witness "'•nates, _i`+ 9`( t4'& 'i %LL 11"-'/ ITypelpririt signature and title"' Type/print witness Hamel` Contractors Second Witness i'\,..._, (, C C ,,i-t'- ( kr-'-- ,,2(r-r\ "'`Type/print witness name" _) .: . -d aso a d Legality: :... VP 41- Countyttorney ame 17:ern# i 10 f4ct agenda Date o�- i 3 i Date (9-0-t-it S :ec'd { Ilftge'14 0111 .., r ` Flxced'Tom sorimo Multi-Contractor Areet ent2017.008(Ver.1) 1 6 A 9 Exhibit A Scope of Services • following this page (pages 1 through 6 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 A 9 EXHIBIT A - SCOPE OF SERVICES QUOTING PROCESS #17-7158 This contract has been awarded to two companies on a Primary and Secondary bases, for the line item/sections outlined in Exhibit B- Fee Schedule. The Contractor awarded as the Primary for a specific line item will be contacted first to provide the product(s)/service(s). If the Primary is unable to provide any product, the County will contact the Secondary or may request informal quotes, per the Procurement Ordinance, outside the awarded contracts. The Primary and Secondary ranking is subject to change due to price adjustments submitted by the awarded Contractors and approved by the County in advance. Therefore, prior to placing an order the County will compare both awarded Contractors' pricing to confirm the lowest priced product(s)/service(s). 1 1 6 A 9 EXHIBIT A - SCOPE OF SERVICES TO AGREEMENT #17-7158 Attachment A-Scope of Work/Services and Technical Specifications Detailed Scope of Work The County uses various aggregates (i.e. stone, overburden fill, screenings, limerock and shell-rock road base, riprap, washed beach sand, overburden fill, masonry sand, and compost) for maintaining limerock and asphalt roadways and other maintenance activities. The Contractor shall provide the commodities as listed in the specifications. Order requests will be on an as-needed basis for product pickup or for delivery to County designated locations. The Division/Departments may place orders during the life of this contract by issuing individual purchase orders. The orders will identify the order type for pickup or delivery,the aggregate type and quantity required,and contact information. Specifications These specifications are intended to provide information, so the Contractors understand the requirements of the Division as it relates to FDOT certified aggregate,compost purchases and deliveries,on an as-needed basis. All items must meet or exceed the most current Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction. Aggregates bid offers must be per ton and compost bid offers are unit price per cubic yard. Materials Materials listed in this section shall conform to FDOT, Standard Specifications for Road and Bridge Construction, current edition as listed below. Contractors must review the material specifications ensuring the materials bid meet or exceed the specifications. If requested by Collier County, the quoter will provide, at no cost to the County, written certification from a qualified testing laboratory or other acceptable source, to verify compliance with the specifications. Note: Materials that are not listed, and need to be added to the bid schedule, the Division will quote all awarded Bidders and award to the lowest unit price. If there is only one(1)contractor,the Division will negotiate with the contractor for a fair and reasonable price.Item will then be added to schedule. Category A.Coarse Aggregates,FDOT,Section 901 • #57 Stone:Materials shall conform to the gradation requirements for one quarter inch(1/4")—one half inch(1/2")in size. • #89 Stone:Materials shall conform to the gradation requirements for 3/8 inch(3/8")in size. Category B.Fine Aggregates,FDOT,Section 902 • Sand Fill, Section 902:shall be in accordance with the standard. • Screenings, Section 902-5: shall be in accordance with the standards of 3/8" (inch) sieve size with 100%percent passing. Category C.Limerock Base and Stabilized Base Materials,FDOT,Section 911:Materials listed in this section must meet Limerock Bearing Ration(LBR) 100. • Limerock Base Materials, Section 911-5.2.1: Materials shall meet the gradation and size requirement for graded base material where at least 97% of the material shall pass a 3-1/2" (inch) sieve and the material shall be graded uniformly down to dust. The fine material shall consist of dust of fracture. 2 1 6 A 9 • Limerock Stabilized Base Materials, Section 911-5.2.1: Materials shall meet the gradation and size requirement for graded base material where at least 97% shall pass a 1-1/2" (inch) sieve and the material. Category D. Shell-Rock Road Base Materials, FDOT, Section 911: It shall consist of naturally occurring heterogeneous deposits of limestone with interbedded layers or lenses of loose and cemented shell, to include cemented sands (calcitic sandstone). This material shall be mined and processed in a manner that will result in a reasonably homogenous finished product.Materials listed in this section must meet Limerock Bearing Ratio(LBR) 100. • Shell-Rock Road Base Materials,FDOT Section 911-2.5: Materials must meet the gradation and size requirement for graded base material where at least 97%shall pass a 3-1/2"(inch)sieve. Category E. Stabilization Materials,FDOT,Section 914 • Stabilizer:Materials shall meet the requirements for subgrade stabilization. Category F. Riprap (Rubble), FDOT, Section 530-1.1.3.2 (Ditch Lining): Riprap defined as hard sound, durable rubble, free of open or incipient cracks, soft seams, or other structural defects, consisting of broken stone. • 3"—7"Riprap(Rubble)shall be screened to a size no smaller than three inches(3")and no larger than seven inches(7"). • 6"— 12"Riprap(Rubble)shall be screened to a size no smaller than six inches(6")and no larger than twelve(12"). Category G. Other Materials • Overburden Fill: Soil beneath the topsoil which has minimal organic soil matter or biological activity. It should be as free of organic matter so it does not decompose creating empty space pockets that will cause settling. • Washed Beach Sand • Masonry Sand must meet American Association of State Highway and Transportation Official standards(ASHSTO). Category H. Custom Limerock: A custom process adding a step that screens down the FDOT limerock base material to 1-1/2"(inch)minus. It must meet Limerock Bearing Ratio(LBR) 100. • Custom Limerock Base Materials: FDOT limerock base materials specifications, Section 911-5.2.1 that shall meet the gradation and size requirement for graded base material where at least 97%of the material shall pass a 3-1/2"(inch) sieve and the material shall be graded uniformly down to dust. The fine material shall consist of dust of fracture. The limerock base material is then screened down to 1- 1/2"(inch)minus. Category I. OrganicLee TM Compost(brand specific required): Compost that is produced and sold by Lee County Solid Waste Division. It is derived from composted biosolids and rated Class AA Exceptional Quality and meets criteria of Florida Regulations,Chapter 62-640.850(3)F.A.C. Orders The County shall provide the Contractor with a purchase order(PO)prior to or with order placement.Product will be ordered on an"as needed"basis. 3 16A9 a. Division/Departments shall contact the Contractor and provide the bid line item including the product name and description,order quantity,and state the order is for pickup or delivery. Orders for delivery the County will provide the location. b. Contractor shall inform the Division/Department immediately at order placement if product(s)ordered are out- of-stock or on backorder.Any product that is not available at order placement from the Primary Contractor for the line item,the Division/Department may place an order with the next lowest Contractor until an order can be placed.Once product is back in stock and available,the Primary Contractor will be used. Exception: If any of the Awarded Contractors are unable to provide any product, the County reserves the right to request informal quotes outside of the awarded contracts to purchase materials from three (3) other sources following the Purchasing Ordinance. Delivery a. The Division has two(2) facilities located in Naples and Immokalee where materials are stored. The days and hours for deliveries are: Monday — Friday from 8:00 a.m. —4:00 p.m. EST. Other County Departments may have storage locations. • Road Maintenance Division,4800 Davis Blvd,Naples,FL 34104 • Immokalee Road and Bridge Maintenance Division,425 Sgt.Joe Jones Road,Immokalee,FL 34142 b. The Contractor guarantees delivery of materials within forty-eight(48)hours from order placement. Deliveries are for Division/Departments that are performing work in the field to various locations throughout the County, the days and hours for these deliveries are: Monday—Saturday from 7:00 a.m.—5:00 p.m.EST. c. There are no deliveries on County holidays unless unforeseen or special circumstances arise. Recognized County holidays are: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day,Labor Day,Veteran's Day,Thanksgiving Day and day after,Christmas Eve,and Christmas Day. d. Tickets must be provided to the County with each pickup or delivery. It must include: Purchase Order(PO) number,Division/Department name,delivery or pickup dates,material type,product quantity that was delivered or picked up(per ton or cubic yard), plant pickup or delivery locations,and the County work order number, if applicable. e. Deliveries shall be"Free on Board"(FOB)Destination. f. The Division/Departments shall have final authority on any issues that may arise as to the quality and acceptability of any products or services under the resultant contract.If,in the opinion of a Division/Departments representative,any part of the Contractor's delivery performance or products becomes unsatisfactory,there will be no cost to the County to resolve the issues.Any delivered product found to be defective or incorrect shall be returned to the Contractor at their expense.The Contractor shall complete any additional deliveries at no cost to the County to resolve the issue. g. The County will designate the delivery location at order placement. Below is the location map for five (5) in the field delivery areas throughout the County: 1.Naples,2. East Naples&Marco, 3. Golden Gate Estates,4. East Collier,and 5.Immokalee. 4 1 6 A 9 COLLIER COUNTY ROAD MAINTENANCE DELIVERY AREAS sRx >r `eRo E IMMOKALEE AREA GR8d8€ Nnmokaraa 2 eilijs 9 g 4a tr � � � � .. oro wer �._. NAPLES , ':" GATE'Ic' jrq BO Cypress PO s ,_.i . 28fm ME C T3✓� :',1`'.,: S�tkbarnRD�" � � _,_ F7b S �'.. .... A. , �' EAST COLLIER °. is A .. 5 COUNTY AREA �ifarso Rp a, , r d EAST NAPLES& ` .a MARCO AREA clilt 0 rarnramiDu,E w Bid Prices The Contractor must continuously utilize producing quarries or pits with sufficient inventories available throughout the Contract term.The Contractor shall immediately notify the County of any pit or quarry closures. ➢ Section I.Collier County Pickup: Bid prices for this section are for materials that are picked up by the County at the Contractor's designated location, plant loaded, and priced per ton for all items with the exception of compost,which will be per cubic yard. The Contractor must specify the plant name and pickup location address on the bid schedule. Unit of measure order quantities are one(1)ton and one(1)cubic yard for aggregates and compost. Section II.Delivery and Materials: Bid prices for this section include delivery and materials to County designated locations.Unit of measure order quantities for aggregates and compost are listed below. 1. Aggregates:one(1)through eight(8)tons/Compost: one(1)through seven(7)tons. 2. Aggregates:nine(9)through nineteen(19)tons/Compost:eight(8)through fourteen(14)tons. 3. Aggregates:twenty(20)/Compost:fifteen(15)tons. A. Section III. Alternative Bid Items(Non-Award items)-Two(2)Hour Urgent Response: The County may request materials that are available for the County to pickup or that the Contractor shall deliver within two(2) hours from order placement. This rate is for urgent situations beyond the County's control resulting from,but not limited,to natural disasters,hurricanes,sink holes,floods,roadway problems,or any other situation. 5 1 6 A 9 ➢ These may occur during regular business hours or non-business hours;submit an hourly flat rate fee for the County's urgent responses.Failure to provide rates may deem the bidder non-responsive. The hourly flat rate fee shall be added to the Contractor's invoice along with their awarded line item,unit prices. B. Regular Business Hours,Two(2)Hour Urgent Response Rate: Regular business hours are defined as Monday—Saturday from 7:00 a.m.through 5:00 p.m.EST. • Pickup-Contractor shall ensure the County is given priority for material pickup that is plant loaded into County trucks within two(2)hours from the order placement. • Delivery-Contractor shall load materials and deliver to a specified area designated by the County within two(2)hours from the order placement. C. Non-Business Hours,Two(2)Hour Urgent Response Rate: Non-Business hours are defined Monday— Saturday from 5:01 p.m.through 6:59 a.m.EST,and Sunday,twenty-four(24)hours per day. At the County's order request,the Contractor ensures a two(2)hour response time from order placement to open a pit or quarry for materials that are picked up by the County,or delivered to County designated locations. • Pickup-Contractor ensures priority for County to pickup materials at the plant location that are plant loaded into County vehicles within two(2)hours from the order placement. • Delivery-Contractor shall load materials and deliver to a County designated location within two(2)hours from the order placement. Bid Schedule Modifications or Changes Modifications and changes to the bid schedule may include,but not be limited to,materials that need to be added or deleted. Any material that is not listed on the bid schedule, and is available for purchase, shall be quoted to all awarded contractors under this contract, and the lowest bid will be awarded. If there is only one(1)contractor,the Division will negotiate with the contractor for a fair and reasonable price. The contractor shall add items to the schedule upon award.Pricing shall be firm for one(1)year from the quoted or negotiated date. Price Adjustments The Procurement Director may authorize annual (every 365 calendar days) price adjustments based on percentage change from U.S. Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) (https://www.bls.gov/PPI/)for the bid materials PPI commodity groups and item codes. a. Requests shall be in writing addressed to the Procurement Director and received thirty (30) days prior to the annual adjustment date(month and day of contract execution date of the current year). If a Contractor fails to request a PPI price adjustment 30 days prior to the adjustment date, the adjustment will be effective 30 days after the Procurement Services Division receives their written request. b. Contractors requesting price adjustments shall be responsible in providing the information using the PPI Commodity Data located on BLS website. All price adjustments calculations must be shown for verification and approval. c. No retroactive contract price adjustments will be allowed. 6 1bA9 Exhibit B Fee Schedule following this page (pages 1 through 3 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 A 9 EXHIBIT B-FEE SCHEDULE Florida Dirt Source LLC Items highlighed in green indicate the Primary per Section Category. Items highlighed in blue indicate the Secondary per Section Category. Section I.Collier County Pickup(materials picked up by the County that are plant loaded) ITEM DESCRIPTION PLANT NAME&PICKUP LOCATION ADDRESS UNIT ICE Primary/Secondary TON CATEGORY A CATEGORY A 1 #57 Stone:Gradation-1/4"-1/2" Conrad Yelvington 911 5th St SW Naples $ 17.95 Secondary 2 #89 Stone:Gradation-3/8" Conrad Yelvington 911 5th St SW Naples $ 17.95 Secondary I I $ 35.90 CATEGORY B CATEGORY B 3 Sand Fill Ave Maria 5126 Ave Maria Blvd Ave Maria FL $ 5.00 Secondary 4 Screenings:3/8" Youngquist 1511 Alico Rd Ft Myers FL $ 12.00 Secondary I I I $ 17.00 CATEGORY C CATEGORY C 5 Lime Rock Base,3-1/2"Sieve Conrad Yelvington 911 5th St SW Naples $ 12.50 Secondary 6 Lime Rock Stabilized Base,1-1/2"Sieve Conrad Yelvington 911 5th St SW Naples $ 12.50 Secondary I I $ 25.00 CATEGORY D CATEGORY D 7 (Shell-Rock Road Base,3-1/2"Sieve Weeks Farms 45030 Farbee Rd Punta Gorda FL $ 5.00 Primary I I I $ 5.00 CATEGORY E CATEGORY E 8 'Stabilizer,subgrade stabilization Weeks Farms 45030 Farbee Rd Punta Gorda FL $ 4.00 Primary I I I $ 4.00 CATEGORY F CATEGORY F 9 Riprap(Rubble),3"-6" Bonita Grande 25501 Bonita Grande Blvd Bonita Springs $ 30.00 Primary 10 Riprap(Rubble),6"-12" Bonita Grande 25501 Bonita Grande Blvd Bonita Springs $ 30.00 Primary I I I $ 60.00 CATEGORY G CATEGORY G 11 Overburden Fill Ave Maria 5126 Ave Maria Blvd Ave Maria FL $ 5.00 Primary 12 Washed Beach Sand Weeks Farms 45030 Farbee Rd Punta Gorda FL $ 5.00 Primary 13 Masonry Sand Stewart Materials 2501 Edwards Grove Immokolee $ 9.00 Primary I I I $ 19.00 CATEGORY H CATEGORY H 14 'Custom Limerock Youngquist 1511 Alico Rd Ft Myers FL $ 11.00 Primary I I I $ 11.00 CATEGORY I CATEGORY I ITEM DESCRIPTION 15 OrganicLee'"Compost(required) Lee County Solid Waste 10550 Buckingham Ft Myers $ 11.75 Primary $ 11.75 I I Section II.Delivery and Materials A location map outlining the delivery areas is located in the next tab titled"Location Map." DELIVERY LOCATIONS East Naples Golden Gate East Collier Naples Immokalee 1.Unit of Measures:Aggregates=1-8 tons/Compost=1-7 &Marco Estates County ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 1-8 TONS 1-8TONS 1.8 TONS 1-8TONS 1-8TONS CATEGORY A CATEGORY A 16 #57 Stone:Gradation-1/4"-1/2" $ 21.84 $ 23.07 $ 20.85 $ 20.50 $ 24.62 Primary 17 #89 Stone:Gradation-3/8" $ 21.84 $ 23,07 $ 20.85 $ 20.50 $ 24.62 Primary CATEGORY A.TOTAL BID $ 221.76 CATEGORY B CATEGORY B 18 Sand Fill $ 10.75 $ 11.20 $ 8.53 $ 8.07 $ 11.32 Primary 19 Screenings:3/8" $ 16.00 $ 16.45 $ 14.76 $ 17.29 $ 19.07 Primary CATEGORY B.TOTAL BID $ 133.44 CATEGORY C CATEGORY C 20 Lime Rock Base,3-1/2"Sieve $ 14.45 $ 16.00 $ 13.87 $ 13.84 $ 17.56 Primary 21 Lime Rock Stabilized Base,1-1/2"Sieve $ 15.20 $ 16.69 $ 15.82 $ 14.29 $ 18.67 Primary CATEGORY C.TOTAL BID $ 156.39 CATEGORY D CATEGORY D 22 Shell-Rock Road Base,3-1/2"Sieve $ 15.54 1$ 17.03 $ 16.16 $ 14.55 $ 18.89 Primary CATEGORY D.TOTAL BID $ 82.17 CATEGORY E CATEGORY E 23 'Stabilizer,subgrade stabilization $ 14.54 1$ 16.03 $ 14.29 $ 15.66 $ 18.39 Primary CATEGORY E.TOTAL BID $ 78.91 CATEGORY F CATEGORY F 24 Riprap(Rubble),3"-6" $ 35.70 $ 35.70 $ 35.70 $ 35.70 $ 35.70 Primary 25 Riprap(Rubble),6"-12" $ 35.70 $ 35.70 $ 35.70 $ 35.70 $ 35.70 Primary CATEGORY F.TOTAL BID $ 357.00 CATEGORY G CATEGORY G 26 Overburden Fill $ 10.70 $ 11.20 $ 8.53 $ 8.07 $ 11.32 Primary 27 Washed Beach Sand $ 15.54 $ 17.03 $ 16.16 $ 14.55 $ 18.89 Primary 28 Masonry Sand $ 14.15 $ 15.32 $ 14.15 $ 11.76 $ 19.04 Primary CATEGORY G.TOTAL BID $ 206.41 CATEGORY H CATEGORY H 29 'Custom Limerock $ 15.67 I$ 16.99 $ 16.43 $ 17.18 $ 20.54 Primary CATEGORY H TOTAL BID $ 86.81 CATEGORY I CATEGORY I ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 1-7CY 1-7 CY 1-7CY 1.7 CY 1.7 CY 30 OrganicLee"'Compost(required) $ 20.34 $ 21.65 $ 19.69 $ 18.39 $ 19.69 Primary CATEGORY I TOTAL BID $ 99.76 1 of 3 I 6A9 DELIVERY LOCATIONS East Naples Golden Gate East Collier 2.Unit of Measures:Aggregates=9-19 tons/Compost=8-14 Naples Immokalee Cubic Yards &Marco Estates County ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 9-19 TONS 9-19 TONS 9-19 TONS 9-19 TONS 9-19 TONS CATEGORY A CATEGORY A 31 #57 Stone:Gradation-1/4"-1/2" $ 21.84 $ 23.07 $ 20.85 $ 20.50 $ 24.62 Primary 32 #89 Stone:Gradation-3/8" $ 21.84 $ 23.07 $ 20.85 $ 20.50 $ 24.62 Primary CATEGORY A TOTAL BID $ 221.76 CATEGORY B CATEGORY B 33 Sand Fill $ 10.75 $ 11.20 $ 8.53 $ 8.07 $ 11.32 Primary 34 Screenings:3/8" $ 16.00 $ 16.45 $ 14.76 $ 17.29 $ 19.07 Primary CATEGORY B TOTAL BID $ 133.44 CATEGORY C CATEGORY C 35 Lime Rock Base,3-1/2"Sieve $ 14.45 $ 16.00 $ 13.87 $ 13.84 $ 17.56 Primary 36 Lime Rock Stabilized Base,1-1/2"Sieve $ 15.20 $ 16.69 $ 15.82 $ 14.29 $ 18.67 Primary CATEGORY C TOTAL BID $ 156.39 CATEGORY 0 CATEGORY D 37 Shell-Rock Road Base,3-1/2"Sieve $ 15.54 I$ 17.03 $ 16.16 $ 14.55 $ 18.89 Primary CATEGORY D TOTAL BID $ 82.17 CATEGORY E CATEGORY 38 'Stabilizer,subgrade stabilization $ 14.54 I$ 16.03 $ 14.29 $ 15.66 $ 18.39 Primary CATEGORY E TOTAL BID $ 78.91 CATEGORY F CATEGORY F 39 Riprap(Rubble),3"-6" $ 35.70 $ 35.70 $ 35.70 $ 35.70 $ 35.70 Primary 40 Riprap(Rubble),6"-12" $ 35.70 $ 35.70 $ 35.70 $ 35.70 $ 35.70 Primary CATEGORY F TOTAL BID $ 357.00 CATEGORY G CATEGORY G 41 Overburden Fill $ 10.70 $ 11.20 $ 8.53 $ 8.07 $ 11.32 Primary 42 Washed Beach Sand $ 15.54 $ 17.03 $ 16.16 $ 14.55 $ 18.89 Primary 43 Masonry Sand $ 14.15 $ 15.32 $ 14.15 $ 11.76 $ 19.04 Primary CATEGORY G TOTAL BID $ 206.41 CATEGORY H CATEGORY H 44 'Custom Limerock $ 15.67.1$ 16.99 $ 16.43 $ 17.18 $ 20.54 Primary CATEGORY H TOTAL BID $ 86.81 CATEGORY I CATEGORY I ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE _ 8-14 CY 8-14 CY 8-14 CY 8-14 CY 8-14 CY 45 OrganicLee"'Compost(required) $ 2034 $ 21.65 $ 19.69 $ 18.39 $ 19.69 Primary CATEGORY I.TOTAL BID $ 99.76 DELIVERY LOCATIONS East Naples Golden Gate East Collier 3.Unit of Measures:Aggregates=20 tons/Compost=15 Cubic Naples Immokalee &Marco Estates County Yards ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 20 TONS 20 TONS 20 TONS 20 TONS 20 TONS CATEGORY A _CATEGORY A 46 #57 Stone:Gradation-1/4"-1/2" $ 21.84 $ 23.07 $ 20.85 $ 20.50 $ 24.62 Primary 47 #89 Stone:Gradation-3/8" $ 21.84 $ 23.07 $ 20.85 $ 20.50 $ 24.62 Primary CATEGORY A TOTAL BID $ 221.76 CATEGORY B CATEGORY B 48 Sand Fill $ 10.75 $ 11.20 $ 8.53 $ 8.07 $ 11.32 Primary 49 Screenings:3/8" $ 16.00 $ 16.45 $ 14.76 $ 17.29 $ 19.07 Primary CATEGORY B TOTAL BID $ 133.44 CATEGORY C CATEGORY C 50 Lime Rock Base,3-1/2"Sieve $ 14.45 S 16.00 $ 13.87 $ 13.84 $ 17.56 Primary 51 Lime Rock Stabilized Base,1-1/2"Sieve $ 15.20 $ 16.69 $ 15.82 $ 14.29 $ 18.67 Primary CATEGORY C TOTAL BID $ 156.39 CATEGORY D CATEGORY D 52 Shell-Rock Road Base,3-1/2"Sieve $ 15.54 I$ 17.03 $ 16.16 $ 14.55 $ 18.89 Primary CATEGORY 0 TOTAL BID $ 82.17 CATEGORY E CATEGORY 53 'Stabilizer,subgrade stabilization 5 14.54 I$ 16.03 $ 14.29 $ 15.66 $ 18.39 Primary CATEGORY E TOTAL BID $ 78.91 CATEGORY F CATEGORY F 54 Riprap(Rubble),3"-6" $ 35.70 $ 35.70 $ 35.70 $ 35.70 $ 35.70 Primary 55 Riprap(Rubble),6"-12" $ 35.70 $ 35.70 $ 35.70 $ 35.70 $ 35.70 Primary CATEGORY F TOTAL BID $ 357.00 CATEGORY G CATEGORY G 56 Overburden Fill $ 10.70 $ 11.20 $ 8.53 $ 8.07 $ 11.32 Primary 57 Washed Beach Sand $ 15.54 $ 17.03 $ 16.16 $ 14.55 5 18.89 Primary 58 Masonry Sand $ 14.15 $ 15.32 $ 14.15 $ 11.76 $ 19.04 Primary CATEGORY G TOTAL BID $ 206.41 CATEGORY H CATEGORY H 59 'Custom Limerock $ 15.67 I$ 16.99 $ 16.43 $ 17,18 $ 20.54 Primary CATEGORY H TOTAL BID $ 86.81 CATEGORY I CATEGORY I ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 15 CY 150' 15 CY 15 CY 15 CY 60 OrganicLee TM Compost(required) $ 20.34 $ 21.65 $ 19.69 $ 18.39 $ 19.69 Primary CATEGORY I TOTAL BID $ 99.76 I 1 I 2 of 3 I6A9 Section III.Alternative Bid Items-2 Hour Urgent Response Services This is an hourly flat rate fee that will coincide with the Contractor's per section,category,unit prices when these urgent services are requested.If submitting bids,provide a 2 hour urgent response services hourly flat rate.Failure to provide rates may deem the bid as NON-RESPONSIVE. Regular Business Hours(Monday-Saturday from 7:00 a.m.-5:00 p.m.EST) ITEM DESCRIPTION HOURLY FLAT RATE Collier County to Pickup:Contractor agrees Collier County will be given 61 riori at the plant location to pickup materials within 2 hours from the order placement during regular business that is plant loaded and all inclusive $ 50.00 of labor,fuel,and equipment costs. Delivery:Contractor shall transport and deliver to a specified area 62 designated by the County within 2 hours from the order placementduring $ 50.00 regular business hours. Non-Business Hours(Monday-Saturday from 5:01 p.m.-6:59 a.m.EST,and Sunday 24 hours) ITEM DESCRIPTION HOURLY FLAT RATE Collier County to Pickup:Contractor agrees Collier County can pickup 63 materials within 2 hours of order placement at the plant locationduring non- business that are plant load and all inclusive of labor,fuel,and equipment $ 50.00 costs. Delivery:Contractor shall transport and deliver to a specified area 64 designated by the County within 2 hours from the order placementduring $ 50.00 non-business hours. **Primary and Secondary ranking is subject to change due to price adjustments submitted by awarded Contractors and approved by the County. 3 of 3 1 6 A 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 2017.008(Ver.1) ,---4, 1 6 A9 A D® CERTIFICATE OF LIABILITY INSURANCE ATE( /201 ) 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 1-813-229-8021 CONTACT NAME: Sherry Heywood, ORIS M. E. Wilson Company, LLC PHONE FAX (A/C.No.Ext): 813-984-3603 (A/C,No): 813-229-2795 E-MAIL sheywood@mewilson.com 300 W. Platt St. ADDRESS: yW Ste 200 INSURER(S)AFFORDING COVERAGE NAIC# Tampa, FL 33606 INSURER A: STATE NATL INS CO INC 12831 INSURED INSURERB: FIRST SPECIALTY INS CORP 34916 Florida Dirt Source, LLC INSURER C INSURANCE CO OF THE WEST 27847 P. O. Box 10186 INSURERD: TRAVELERS PROP CAS CO OF AMER 25674 INSURER E: Brooksville, FL 34603 INSURERF: COVERAGES CERTIFICATE NUMBER: 51949269 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X QDXFL00039900 04/24/17 04/24/18 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JEC LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY QDXFL00039900 04/24/17 04/24/18 (Ea COMBIN accidEDent)SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED accident)BODILY INJURYPer $ AUTOS ONLY AUTOS ( HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ PIP $ 10,000 B X UMBRELLA LIAB X OCCUR IRE200095800 04/24/17 04/24/18 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ C WORKERSCOMPENSATION WFL503334501 04/15/17 04/15/18 X STATUTE EER ANDEMPH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Motor Truck Cargo 6607H356942 07/28/17 07/28/18 Per Conveyance 100,000 Ded. 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Government is named as an additional insured for general liability coverage for any and all work performed in Collier County. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Government ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. AUTHORIZED REPRESENTATIVE Naples, FL 34112 , p USA � u . n A d'\'� ©1988-2015 ACORD CORPORATION. All rights reserved. . ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SH004 51949269 Detail by Entity Name Page 1 of 2 1 6 A 9 Florida Department of State DIVISION OF CORPORATIONS if S'x'fj i Of AiliAzeorg Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Limited Liability Company FLORIDA DIRT SOURCE, LLC Filing Information Document Number L05000063524 FEI/EIN Number 20-3063206 Date Filed 06/27/2005 Effective Date 06/28/2005 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 08/11/2014 Event Effective Date NONE Principal Address 6061 HAMILTON RD FT MYERS, FL 33905 Changed: 08/11/2014 Mailing Address 5130 BROAD ST BROOKSVILLE, FL 34601 Changed: 04/06/2016 Registered Agent Name&Address ROUSSEAU, GERARD W 5130 BROAD ST BROOKSVILLE, FL 34601 Name Changed:08/11/2014 Address Changed: 04/06/2016 Authorized Person(s)Detail Name&Address Title MGRM ROUSSEAU,GERARD W, Sr. 5130 BROAD ST BROOKSVILLE, FL 34601 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 12/7/2017 Detail by Entity Name Page 2 of 2 1 6 A 9 Annual Reports Report Year Filed Date 2015 04/09/2015 2016 04/06/2016 2017 04/26/2017 Document Images 04/26/2017—ANNUAL REPORT View image in PDF format 04/06/2016—ANNUAL REPORT View image in PDF format 04/09/2015—ANNUAL REPORT View image in PDF format 08/11/2014—LC Amendment View image in PDF format 02/21/2014—ANNUAL REPORT View image in PDF format 02/14/2013—ANNUAL REPORT View image in PDF format 04/30/2012—ANNUAL REPORT View image in PDF format 09/22/2011—CORLCMMRES View image in PDF format 09/19/2011—LC Amendment View image in PDF format 04/28/2011—ANNUAL REPORT View image in PDF format 03/16/2010—ANNUAL REPORT View image in PDF format 04/13/2009—ANNUAL REPORT View image in PDF format 04/30/2008—ANNUAL REPORT View image in PDF format 01/12/2007—ANNUAL REPORT View image in PDF format 10/06/2006—REINSTATEMENT View image in PDF format 06/27/2005—Florida Limited Liability View image in PDF format Flonoa Department of State,Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 12/7/2017