Agenda 10/28/2014 Item #16D 910/28/2014 16.D.9.
EXECUTIVE SUMMARY
Recommendation to award RFP 14 -6332 for Exotic Vegetation Removal to six firms (in no
particular order): Collier Environmental Services; EarthBalance; Earth Tech Environmental,
LLC; Environmental Restoration Consultants, Inc.; Kevin Erwin Consulting Ecologist, Inc.; and
Sandhill Environmental Services, LLC and authorize the Chairman to execute a standard County
contract.
OBJECTIVE: To maintain qualified firms under contract for exotic vegetation removal
throughout Collier County.
CONSIDERATIONS: Various County Departments have a need for exotic vegetation removal
services within County owned natural resource areas.
In conjunction with staff from the Parks and Recreation Department, the Purchasing Department
developed the requirements and specifications for RFP 14 -6332 and Contractor Licensing staff
reviewed and confirmed the licensing requirements for the removal of exotic vegetation in
Collier County. Subsequently, the Purchasing Department issued an RFP on August 7, 2014. A
total of 544 notices were sent to vendors; 69 solicitations were downloaded and 9 proposals were
submitted by vendors.
A selection committee ranked, and through consensus, recommend the following six firms (in no
particular order):
• Collier Environmental Services;
• EarthBalance;
• Earth Tech Environmental, LLC;
• Environmental Restoration Consultants, Inc.;
• Kevin Erwin Consulting Ecologist, Inc.; and
• Sandhill Environmental Services.
Each of the recommended firms meets the licensing requirements specified in the solicitation
documents. It is recommended that the six firms be awarded a contract as there appears to be a
significant increase in the removal of exotic vegetation required by County department. Work
will be awarded as follows:
• For work less than $50,000: the department may select one of the vendors on contract, or
quote out the work among all vendors on contract, or competitively solicit for new quotes
according to the Board's Purchasing Ordinance.
• For work greater than $50,000 and less than $200,000: the department may quote out
work among the vendors on contract, or may conduct a separate new solicitation
according to the Board's Purchasing Ordinance.
• For work that may exceed $200,000: the department may quote out work among the
vendors on contract and obtain approval from the Board of County Commissioners, or
conduct a separate new solicitation according to the Board's Purchasing Ordinance.
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FISCAL IMPACT: Departments have budgeted for exotic vegetation removal services in FY
2015 budgets; there is no new budget impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - ERP
RECOMMENDATIONS: That the Board of County Commissioners award RFP 14 -6332 for
Exotic Vegetation Removal to six firms (in no particular order): Collier Environmental Services;
EarthBalance; Earth Tech Environmental, LLC; Environmental Restoration Consultants, Inc.;
Kevin Erwin Consulting Ecologist, Inc.; and Sandhill Environmental Services, LLC and
authorize the Chairman to sign the attached contracts.
PREPARED BY: Melissa Hennig, Senior Environmental Specialist, Conservation Collier
Program, Department of Parks and Recreation
Attachments: 14 -6332- Solicitation
14- 6632 -Final Ranking
14 -6332 — Contracts
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.9.
Item Summary: Recommendation to award RFP 14 -6332 for Exotic Vegetation Removal
to six firms (in no particular order): Collier Environmental Services; EarthBalance; Earth Tech
Environmental, LLC; Environmental Restoration Consultants, Inc.; Kevin Erwin Consulting
Ecologist, Inc.; and Sandhill Environmental Services, LLC and authorize the Chairman to execute
a standard County contract.
Meeting Date: 10/28/2014
Prepared By
Name: BetancurNatali
Title: Operations Analyst, Beach & Water
10/9/2014 9:05:48 AM
Submitted by
Title: Environmental Specialist, Senior, Conservation Collier
Name: HennigMelissa
10/9/2014 9:05:49 AM
Approved By
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 10/10/2014 10:54:17 AM
Name: DendroulakisEwelina
Title: Procurement Specialist, Purchasing & General Services
Date: 10/10/2014 11:03:56 AM
Name: WilliamsBarry
Title: Director - Parks & Recreation, Parks & Recreation
Date: 10/12/2014 11:33:34 AM
Name: MarkiewiczJoanne
Title: Director - Purchasing /General Services, Purchasing & General Services
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Date: 10/13/2014 11:51:44 AM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 10/13/2014 1:42:12 PM
Name: HennigMelissa
Title: Environmental Specialist, Senior, Conservation Collier
Date: 10/13/2014 3:58:50 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 10/14/2014 4:53:50 PM
Name: Washburnllonka
Title: Manager - Park Operations, Parks & Recreation
Date: 10/15/2014 10:07:55 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 10/15/2014 1:59:31 PM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 10/15/2014 3:03:27 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/15/2014 4:45:52 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 10/20/2014 3:01:37 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/21/2014 8:44:37 AM
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REQUEST FOR PROPOSAL
• � °�e ail •- !i r
r
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
14 -6332
"Exotic Vegetation Removal"
Ewelina Dendroulakis, Procurement Strategist
Ewel inaDendroulakis @colliergov.net, Email Address
(239) 252 -8929, Telephone Number
(239) 252 -6446, FAX Number
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government,
Ngmasarg De(immen; - 3327 Tarnlam: Trail East - Naples. Florida 34112-4901 - wvnv coliieraov.ne'vpurchas ng
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Table of Contents
LEGALNOTICE ................................................................................................................................... ............................... 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................ ............................... 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS ............................................................................................ .............................13
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................... .............................17
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............................................................. .............................21
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT .................................................................. .............................30
ATTACHMENT 2: VENDOR CHECK LIST ................................................................................................ .............................31
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................... .............................32
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................... .............................33
ATTACHMENTS: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................... .............................35
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION .............................................................. .............................36
ATTACHMENT 7: VENDOR SUBSTITUTE W — 9 .................................................................................... .............................37
ATTACHMENTS: INSURANCE AND BONDING REQUIREMENTS ........................................................... .............................38
ATTACHMENT 9: REFERENCE QUESTIONNAIRE ................................................................................... .............................40
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Legal Notice
Sealed Proposals to provide chemical and mechanical removal of exotic vegetation will be received
electronically only until 12:00 Noon, Naples local time, on 9/8/14 at the Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
Solicitation RFP # 14 -6332 Exotic Vegetation Removal
Services to be provided may include, but not be limited to the following: chemical and mechanical removal of
exotic and other nuisance vegetation.
A non - mandatory pre - proposal conference will be held on 8/28/14, commencing promptly at
2:30PM, and will be held in the Purchasing Department Conference Room A, Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.. If this pre - proposal
conference is denoted as "mandatory", prospective Vendors must be present in order to submit a
proposal response.
All statements shall be made upon the official proposal form which may be obtained on the Collier
County Purchasing Department Online Bidding System website: www.colliergov.net /bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Ewelina Dendroulakis
Procurement Strategist, Purchasing
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net /purchasing and in the Lobby of Purchasing Building "G ", Collier County
Government Center on 8/7/14.
Ptm has*V • 3301 Tamiami Trail East , NaPies. ria;ida 34112 - www.co1liergov.ne'dpur-,hasinq
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Departments (hereinafter, the "Division or Department "), the
Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has
issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from
interested and qualified Consultants in accordance with the terms, conditions and specifications
stated or attached. The Consultant, at a minimum, must achieve the requirements of the
Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
On behalf of several departments in Collier County (i.e. Code Enforcement, Facilities, Parks and
Recreation, Transportation, etc.), suppliers are requested to provide proposals for the delivery of
services for chemical and mechanical removal of exotic and other nuisance vegetation.
The County reserves the right to select one or more supplier(s) and may use the resultant contract
in the following manner:
• For work less than $50,000: the department may select one of the vendor(s) on contract,
quote out the work among all vendor(s) on contract, or competitively solicit for new quotes.
• For work greater than $50,000 and less than $200,000: the department may quote out
work among the vendor(s) on contract, or may conduct a separate new solicitation.
• For work that may exceed $200,000: the department may quote out work among the
vendors) on contract and obtain approval from the Board of County commissioners, or
conduct a separate new solicitation.
Historically, County departments have spent approximately $1,914,749.
Background
Collier County owns many parcels of land that require, either by County ordinance or by
federal /state agreements, exotic vegetation removal . and maintenance. The removal and
maintenance of this vegetation requires a large amount of labor, specialized knowledge of
Southwest Florida plants, and training in the use of pesticides and their application. Private sector
companies who specialize in exotic plant removal can provide this service to Collier County
departments cost effectively,
Detailed Scope of Work
County departments are interested in receiving services for the removal of exotic and other
nuisance vegetation by manual and mechanical methods including chemical and /or physical
removal. Trees, bushes, and other vegetation may be cut with machetes, chain saws, brush
trimmers, etc. and /or treated with chemicals, or removed by other methods depending on the
requirements of the particular project and as directed by the County department.
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Treatment and removal of exotic and other nuisance vegetation must be in accordance with
Florida State law, and the named awardee(s) must provide and maintain all applicable licenses
during the duration of the resultant contract.
Species to be removed during the duration of this contract include, but are not limited to:
• Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council
(FLEPPC) invasive species list.
• Any other undesirable species as directed by the project manager.
Additionally, the supplier must:
1. Provide professional assistance determining the most effective methodology to remove
exotic vegetation.
2. Include all labor, material, supervision, equipment, supplies, tools, services, disposal, and
all other incidentals required to perform all exotic and other undesirable vegetation
treatment and /or removal. There shall be no disposal of debris into waterways.
3. Provide as a part of their proposal, and in the name of the company, a valid State and
County license(s) to perform chemical spraying and mechanical removal:
• State of Florida Natural Areas License
• Florida Department of Agriculture and Consumer Services License for Aquatic Pest
Control,
• Collier County Landscape, Exotic or Excavating License,
• State of Florida Building Contractor or Underground and Excavation License, or
• Approved license according to Collier County Contractors Licensing Department.
All questions relating to license requirements should be directed to Mike Ossorio,
Collier County Contractor Licensing Department at (239) 252 -5706.
4. Provide pricing proposals on each project as requested by the project manager. The
County may seek price proposals from one, or all, vendors awarded on the contract (as
described above). Price proposals must include description of the project, location,
description of the service to be provided and cost. Vendors' proposals must be detailed as
described by the project manager and vendors' invoices must match pricing proposals.
5. Coordinate with other selected vendor(s) to complete the job as directed by the project
manager.
6. Provide the service so as not to damage or destroy native vegetation within the area of
exotic treatment. Due caution must be given to the surrounding habitat.
7. Minimize disturbance to surface area. Replace damaged native vegetation according to
County Code.
8. Provide equipment in good repair necessary to perform the described services in particular
and the equipment necessary to complete related tasks. In the event that additional
equipment (i.e. crane, bucket truck, ditch witch, etc.) is needed, the department must be
notified in advance, for final approval. The reimbursement of rental equipment expense
shall be at cost, commencing when it arrives at the service site. The County reserves the
right to request documentation of the Vendor's cost and to withhold payments until
documentation is provided.
9. 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. Collier County staff reserve the right to inspect and approve or deny the
equipment from entering the project site prior to the commencement of the project.
10. Document pre - project existing conditions of adjacent private property by photographs,
video or other means at each work site, prior to commencement of any work, upon
County's request.
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11. Restore any damages caused by the completion of this project to the documented pre -
project condition. Should a damage dispute arise between an adjacent property owner,
and the vendor subsequently disputes the claim, it is the vendor's responsibility to provide
pre - project existing condition documentation.
12. Provide the department project manager with a written list of all herbicides, adjuvant, and
diluents and their mixing ratios.
13. Perform all exotic vegetation treatment operations in an orderly and safe manner
complying with the current County Maintenance of Traffic (MOT) policy (if required). All
work shall be performed within the right -of -way and /or easements. All operations shall be
in accordance with a Collier County's Maintenance of Traffic Policy, #5807, Revised
October 1, 2003, copies of which are available at:
http: / /Portal.colliergov. net/ SiteDirectory /ASD /PurchasingNendors /Shared %20Documents /F
orms /All Items. asp x. A Maintenance of Traffic Plan shall be approved in writing by the
Department prior to the start of the project. 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.
14. Inform the County department project manager of work location and proposed schedule.
15. Leave site in a clean, neat and orderly manner including pick up and removal of all loose
and unsightly vegetation materials on a daily basis. Daily clean -up operation must include
removal and proper disposal of all trash, trimmings, and debris deposited on site. Felled
trees may be neatly stacked, pursuant to South Florida Water Management District
Melaleuca guidelines, with approval of project manager, to be determined in advance.
Ruts made in the soil must be removed by the vendor.
16. Provide for a maximum of two (2) months, or less if directed by the project manager,
mortality evaluation period from the substantial completion date noted in any order
provided by the department to the vendor. The vendor shall demonstrate to the
department that all exotic vegetation on site has been exterminated to the complete
satisfaction of the department. Any re- growth of stumps or plants that were not eradicated
shall be properly re- treated by the vendor at no additional expense to the department.
Following this secondary re- treatment, there shall be a one (1) month, or less if directed by
the project manager, mortality re- evaluation period to determine effectiveness of re-
treatment.
17. Agree that when a period of time is referenced by days, it shall be computed to exclude the
first day and include the last day of such a period. If the last day of any such period falls
on a Saturday or Sunday, or any County legal holiday, such day shall be omitted from the
computation, and the last day shall become the next succeeding day which is not a
Saturday, Sunday or legal holiday.
18. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by
the County department project manager.
19. Park vehicles and equipment in areas designated only by the County department and with
prior permission of the project manager.
20. Provide a complete report of the work completed, including, but not limited to the location,
the materials removed, the number of hours to perform the work, and the cost of the
removal process.
In addition to work identified above, the resultant contract vendors) may be used for the following
type of service:
1. Clearing and Grubbing: Clear and grub within areas directed by the project manager.
Completely remove and dispose of all trees, brush, stumps, roots, boulders, rubbish, debris
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and any other such protruding objects to a depth of twelve inches (12 ") below the ground
surface.
2. Selective Clearina and Grubbing: The supplier shall remove and dispose of all vegetation,
obstructions, trees, brush, stumps, roots, boulders, rubbish, debris and any other such
protruding objects, where so elected by the project manager. The supplier may cut roots, and
other such protruding objects, flush with the ground surface. The supplier shall completely
remove and dispose of stumps and entirely remove undergrowth except in specific areas
designated by the project manager. The supplier shall trim, protect, and leave standing
desirable trees, with the exception of such trees as the project manager may designate to be
removed in order to facilitate maintenance. The supplier shall remove undesirable or damaged
trees as designated by the project manager and perform selective clearing and grubbing only
in areas designated by the project manager. Payment of the unit price for Selective Clearing
and Grubbing shall be full compensation for all work and materials specified under this section
and all incidentals to complete this work.
When work is required within fenced areas, it may be necessary to remove a portion of the
fence to gain access. Fence shall be restored immediately following completion of work
described in the work document. Cost of restoring the fence shall be included in the cost of
clearing and grubbing per acre with fence removal (all types). Payment of the unit price for
Clearing and Grubbing shall be full compensation for all work and materials specified under
this section and all incidentals to complete this work.
Before beginning work, all damaged fence, fence posts and other appurtenances such as sign
posts and bases, delineator posts, guardrail or barrier walls, light poles, end walls, pipes,
drainage structures, poles, guys, landscape areas, etc., shall be reported to the project
manager. Any fence, fence post or other appurtenance found damaged after beginning work
shall be deemed damaged by the Vendor and shall be replaced at the Vendor's expense.
3. Tree and Bush Trimming and Removal: The work specified in this section consists of trimming
trees, the removal of undesired trees and brush, and the disposal of resulting waste and
debris. Tree trimming shall only be done by trained employees skilled in the operation of the
mechanized equipment used for this type of work. The type of trimming to be performed and
the height and width of cut specific to the trees to be trimmed shall be described by the project
manager. Tree trimming shall also consist of the removal of all dead, dying, diseased,
decaying, interfering, suckering, obstructive and weak branches, as well as selective thinning
to lessen wind resistance.
The trim -line shall be held continuous throughout the work limits to give a neat, uniform
appearance.
When applicable, all branches or limbs shall be cut perpendicular and flush to the branch
collar and shall be removed as to avoid splits or other unnecessary damage to the tree. All
hangers and cut limbs shall be removed from the trees. Climbers, gaffs or other climbing
equipment that damages trees will not be permitted. Payment of the unit price for Tree
Trimming shall be full compensation for all work and materials specified under this section and
all incidentals to complete this work.
4. Crown Reduction: Crown reduction shall consist of the reduction of tops, sides or individual
limbs. The technique for crown reduction involves the removal of parent limb(s) or dominant
leader at the point of attachment of a lateral branch. Topping and hat racking are not
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acceptable methods of crown reduction. In no situation shall greater than one -third (113) of the
existing tree area be removed in a single operation. Effort should be made to cut back to a
lateral at least one -third (1/3) to one -half (1/2) the diameter of the parent limb or leader that is
being removed. Payment of the unit price for Crown Reduction shall be full compensation for
all work and materials specified under this section and all incidentals to complete this work.
5. Stump Grinding and Power Shearinq: This section shall be governed by the Florida
Department of Transportation Standard Specifications for Road and Bridge Construction,
current edition.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for one (1) year with three (3) one
(1) year renewal options.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a price
adjustment must be made on the contract anniversary date, in writing, to the Procurement
Director. Price adjustments are dependent upon the consumer price index (CPI) over the past
twelve (12) months, budget availability and program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only.
The County reserves the right to adjust this timetable as required during the course of the RFP
process.
Event
Date
Issue Solicitation Notice
8/7/14
Last Date for Receipt of Written Questions
8/25/14 4:OOPM,
Naples Local Time
Non - Mandatory Pre - Solicitation Meeting — Purchasing
Conference Room A
8/28/14, 2:30PM,
Naples Local Time
Addendum Issued Resulting from Written Questions or Pre-
Proposal Conference
8/29/14, 4:OOPM,
Naples Local Time
Solicitation Deadline Date and Time
9/8/14, 12:00 Noon
Naples Local Time
Anticipated Evaluation of Submittals
September 2014
Vendor Presentations if Required
September 2014
Anticipated Completion of Contract Negotiations
End of October 2014
Anticipated Board of County Commissioner's Contract
Approval Date
End of October 2014
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Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non - responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in this
RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word
format with Tabs clearly marked.
The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs.
Failure by a Vendor to include all listed items may result in the rejection of its proposal.
1) Tab I, Cover Letter / Management Summary - (Limit your response to one page)
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein. Include the name(s), telephone
number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission
of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a
result of this RFP. List all proposed subcontractors who will participate on the team.
2) Tab II, Firm's Proven Experience and Knowledge in Treating Exotics — 35 points (Limit your
response to five pages)
In this tab, include:
• The firm's proven experience in providing exotic removal in natural areas. Provide
information that documents your firm's and subcontractors' qualifications to produce the
required deliverables, including abilities, capacity, skill, and financial strength, and
number of years of experience in providing the required services.
• List five comparable exotic vegetation projects within natural areas, that include
chemical and mechanical removal and describe the firms experience as indicated below.
List Current Projects in the Format Identified Below
Project
Description
{species, Original Final Number of
density, Start Date End Date Budget Project Cost Change Orders Client :name
acreage,
method of
treatment,`
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• Provide a listing of the clients identified in the table above. Collier County may select one
or more contact names to serve as a reference for this scope of work. Information provided
for each client shall include the following:
• Client name, Client's contact person's name, address, email address and telephone
number.
• Brief description of whether the project met or exceeded the schedule outlined.
Failure to provide complete and accurate client information, as specified here, may result in
the disqualification of your proposal.
3) Tab III, Proven Experience and Specialized Expertise of Employees in Natural Areas — 35
points
• Attach brief resumes of individuals who will be involved in the removal of exotic vegetation.
Include the number of years of experience in natural area exotic removal, education and
training and certifications for:
• Development of removal plans (professional staff such as arborists, biologists,
estimators),
• Coordination and oversight of removal (i.e. project leaders and crew supervisors),
coordination and management of the total package of services, as well as the
delivery of specific services.
4) Tab IV, Cost for Standard Positions - 10 points (Limit your response to one page)
• The following positions are deemed critical for the removal of exotic vegetation
professionals who may be involved in Collier County projects. For RFP evaluative
purposes only, list the hourly rate for the following positions:
Position
Hourly Rate
Do Not'Provide Ranges)
Professional staff (i.e. degreed biologist or
arborist)
Per Hour
Project manager
Per Hour
Crew leader / supervisor
Per Hour
Herbicide applicator
Per Hour
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5) Tab V, References - 10 points
In order for the vendor to be awarded any points for this tab, the County requests that the
vendor submits five (5) completed reference forms from clients whose projects are of a similar
nature to this solicitation as a part of their proposal. The County will only use the methodology
calculations for the first five (5) references (only) submitted by the vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area:
• The County shall total each of the vendor's five reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not
turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the vendor who
has the highest score.
• The next highest vendor's number of points will be divided by the highest vendor's points
which will then be multiplied by criteria points to determine the vendor's points awarded.
Each subsequent vendor's point score will be calculated in the same manner.
• Points awarded will be extended to the whole number per Microsoft Excel.
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Vendor Name
Vendor Total Reference
Score
Chain saw operator
Per Hour
Other laborer
Per Hour
5) Tab V, References - 10 points
In order for the vendor to be awarded any points for this tab, the County requests that the
vendor submits five (5) completed reference forms from clients whose projects are of a similar
nature to this solicitation as a part of their proposal. The County will only use the methodology
calculations for the first five (5) references (only) submitted by the vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area:
• The County shall total each of the vendor's five reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not
turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the vendor who
has the highest score.
• The next highest vendor's number of points will be divided by the highest vendor's points
which will then be multiplied by criteria points to determine the vendor's points awarded.
Each subsequent vendor's point score will be calculated in the same manner.
• Points awarded will be extended to the whole number per Microsoft Excel.
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Vendor Name
Vendor Total Reference
Score
Points Awarded
Vendor ABC
445
20
Vendor DEF
435
19.6
Vendor GHI
425
19.1
Vendor JKL
385
17.3
Vendor MNO
385
17.3
Vendor PQR
250
11.2
Note: bampie cnart retiects a 2u point reterence criterion.
The points awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
vendor. The Selection Committee may, at their sole discretion, contact references, and /or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
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6) Tab VI, Acceptance of Conditions 0
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
requirements or any other requirements listed in this RFP. If no exceptions are indicated in this
tabbed section, it will be understood that no exceptions to these documents will be considered
after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result
in evaluation point deductions) and /or exclusion of proposal for Selection Committee
consideration, depending on the extent of the exception(s). Such determination shall be at the
sole discretion of the County and Selection Committee.
7) Tab VII, Required Form Submittals
• Attachment 1: Vendor's Non Response Statement
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Vendor Substitute W -9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire
• Attachment 10: Chemical, Mechanical, and Natural Licenses approved from the State
of Florida and Collier County Contractors Licensing
• Attachment 11: List all proposed subcontractors who may participate on the team.
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Exhibit II: General RFP Instructions
1. Questions
10/28/2014 16.D.9.
Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding
System website: www.colliergov.net /bid. Vendors must clearly understand that the only official
answer or position of the County will be the one stated on the Collier County Purchasing
Department Online Bidding System website. For general questions, please call the referenced
Procurement Strategist noted on the cover page.
2. Pre - Proposal Conference
The purpose of the pre - proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum.
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre -
proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory",
prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist,
noted herein, of such error in writing and request modification or clarification of the document prior
to submitting the proposal. The Procurement Strategist will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the Purchasing
Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal and /or participation in
any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All electronic proposals are to be submitted online via the Collier County Purchasing Department
Online Bidding System www.colliergov.net /bid before 9/5/14, Naples local time, on or before
12:00 Noon.
The County does not bear the responsibility for proposals delivered to the Purchasing Department
past the stated date and /or time indicated, or to an incorrect address by Consultant's personnel or
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by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves
the right to accept proposals received after the posted close time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which may
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS
or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for this
procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting the Collier
County Purchasing Policy.
The County may, as it deems necessary, conduct discussions with qualified Vendors determined
to be in contention for being selected for award for the purpose of clarification to assure full
understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
The County's procedure for selecting is as follows:
1. The County Manager or designee shall appoint a Selection Committee to review all proposals
submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals
received and verify whether each proposal appears to be minimally responsive to the
requirements of the published RFP.
4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior
notice of such meeting in the lobby of the Purchasing Building.
5. The committee members will review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a
notice announcing the date, time and place of the first committee meeting. Said notice shall
be posted in the lobby of the Purchasing Building not less than three (3) working days prior to
the meeting. The Procurement Strategist will also post prior notice of all subsequent
committee meetings and shall endeavor to post such notices at least one (1) day in advance of
all subsequent meetings.
7. The committee will compile individual rankings, based on the evaluation criteria as stated
herein, for each proposal to determine committee recommendations. The committee may at
their discretion, schedule presentations or demonstrations from the top- ranked firm(s), make
site visits, and obtain guidance from third party subject matter experts. The final
recommendation will be decided based on review of scores and consensus of committee.
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The County reserves the right to withdraw this RFP at any time and for any reason, and to issue
such clarifications, modifications, and /or amendments as it may deem appropriate.
Receipt of a proposal by the County or a submission of a proposal to the County offers no rights
upon the Vendor nor obligates the County in any manner.
Acceptance of the proposal does not guarantee issuance of any other governmental approvals.
Proposals which include provisions requiring the granting of zoning variances shall not be
considered.
10. References
The County reserves the right to contact any and all references to obtain, without limitation, ratings
for the following performance indicators:
• On a scale of 1 -10, with 1 being very dissatisfied and ten exceeding your every
expectation, how satisfied were you with the firm's performance?
• What specifically did you like about their approach?
• What do you believe were shortcomings or that they could have done better?
• Did they meet your schedule requirements?
• How were their communications? Were you always kept in the loop?
• How responsive were they in addressing problems with the project?
• How was the quality /experience /personality of their personnel? (Specifically the project
manager ?)
• Would you use this firm again?
• Additional comments
A uniform sample of references will be checked for each Vendor. Vendors will be scored on a
scale of 1 to 10, with 10 being the highest possible score. This score will also be used in
determining the score to be given to the "past performance" evaluation factor for each proposal.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below.
Firm's Proven Experience and Knowledge in Treating Exotics
35
Experience and Specialized Expertise of Employees in Natural Areas
35
Cost for Standard Positions
10
Local Vendor Preference
10
References
10
Total Points: 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial
system) within the last five (5) years will receive the higher individual ranking. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest
ranking and so on.
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12. Acceptance or Rejection of Proposals AOW
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by
Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of any
other Vendor or to re- advertise using the same or revised documentation, at its sole discretion.
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Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer
and to comply with all carrier
This offer is subject to cancellation by the
regulations. Risk of loss of any goods
COUNTY without notice if not accepted by
sold hereunder shall transfer to the
VENDOR within fourteen (14) days of
COUNTY at the time and place of
issuance.
delivery; provided that risk of loss prior
to actual receipt of the goods by the
2. Acceptance and Confirmation
COUNTY nonetheless remain with
This Purchase Order (including all
VENDOR.
documents attached to or referenced
b) No charges will be paid by the COUNTY
therein) constitutes the entire agreement
for packing, crating or cartage unless
between the parties, unless otherwise
otherwise specifically stated in this
specifically noted by the COUNTY on the
Purchase Order. Unless otherwise
face of this Purchase Order. Each delivery
provided in Purchase Order, no invoices
of goods and /or services received by the
shall be issued nor payments made
COUNTY from VENDOR shall be deemed to
prior to delivery. Unless freight and
be upon the terms and conditions contained
other charges are itemized, any
in this Purchase Order.
discount will be taken on the full amount
of invoice.
No additional terms may be added and
c) All shipments of goods scheduled on the
Purchase Order may not be changed except
same day via the same route must be
by written instrument executed by the
consolidated. Each shipping container
COUNTY. VENDOR is deemed to be on
must be consecutively numbered and
notice that the COUNTY objects to any
marked to show this Purchase Order
additional or different terms and conditions
number. The container and Purchase
contained in any acknowledgment, invoice
Order numbers must be indicated on bill
or other communication from VENDOR,
of lading. Packing slips must show
notwithstanding the COUNTY'S acceptance
Purchase Order number and must be
or payment for any delivery of goods and /or
included on each package of less than
services, or any similar act by VENDOR.
container load (LCL) shipments and /or
with each car load of equipment. The
3. Inspection
COUNTY reserves the right to refuse or
All goods and /or services delivered
return any shipment or equipment at
hereunder shall be received subject to the
VENDOR'S expense that is not marked
COUNTY'S inspection and approval and
with Purchase Order numbers.
payment therefore shall not constitute
VENDOR agrees to declare to the
acceptance. All payments are subject to
carrier the value of any shipment made
adjustment for shortage or rejection. All
under this Purchase Order and the full
defective or nonconforming goods will be
invoice value of such shipment.
returned pursuant to VENDOR'S instruction
d) All invoices must contain the Purchase
at VENDOR'S expense.
Order number and any other specific
information as identified on the
To the extent that a purchase order requires
Purchase Order. Discounts of prompt
a series of performances by VENDOR, the
payment will be computed from the date
COUNTY prospectively reserves the right to
of receipt of goods or from date of
cancel the entire remainder of the Purchase
receipt of invoices, whichever is later.
Order if goods and /or services provided
Payment will be made upon receipt of a
early in the term of the Purchase Order are
proper invoice and in compliance with
non - conforming or otherwise rejected by the
Chapter 218, Fla. Stats., otherwise
COUNTY.
known as the "Local Government
4. Shipping and Invoices
Prompt Payment Act," and, pursuant to
a) All goods are FOB destination and must
the Board of County Commissioners
be suitably packed and prepared to
Purchasing Policy.
secure the lowest transportation rates
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5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet
delivery schedules or deliver within a
reasonable time, as interpreted by the
COUNTY in its sole judgment, shall entitle
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to
reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR
further agrees that undiscovered delivery of
nonconforming goods and /or services is not
a waiver of the COUNTY'S right to insist
upon further compliance with all
specifications.
6. Changes
The COUNTY may at any time and by
written notice make changes to drawings
and specifications, shipping instructions,
quantities and delivery schedules within the
general scope of this Purchase Order.
Should any such change increase or
decrease the cost of, or the time required for
performance of the Purchase Order, an
equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding
the foregoing, VENDOR has an affirmative
obligation to give notice if the changes will
decrease costs. Any claims for adjustment
by VENDOR must be made within thirty (30)
days from the date the change is ordered or
within such additional period of time as may
be agreed upon by the parties.
Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase
Order will conform to the specifications,
drawings, samples or other descriptions
furnished or specified by the COUNTY, and
will be of satisfactory material and quality
production, free from defects and sufficient
for the purpose intended. Goods shall be
delivered free from any security interest or
other lien, encumbrance or claim of any third
party. These warranties shall survive
inspection, acceptance, passage of title and
payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to
this Purchase Order, and their production
10/28/2014 16.D.9.
and transportation shall conform to all
applicable laws, including but not limited to
the Occupational Health and Safety Act, the
Federal Transportation Act and the Fair
Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase
Order.
Advertising
No VENDOR providing goods and services
to the COUNTY shall advertise the fact that
it has contracted with the COUNTY for
goods and /or services, or appropriate or
make use of the COUNTY'S name or other
identifying marks or property without the
prior written consent of the COUNTY'S
Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless
the COUNTY from any and all claims,
including claims of negligence, costs and
expenses, including but not limited to
attorneys' fees, arising from, caused by or
related to the injury or death of any person
(including but not limited to employees and
agents of VENDOR in the performance of
their duties or otherwise), or damage to
property (including property of the COUNTY
or other persons), which arise out of or are
incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all
goods sold or services performed under this
Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any
patent, trademark, copyright or trade secret;
and c) do not constitute unfair competition.
VENDOR shall indemnify and hold harmless
the COUNTY from and against any and all
claims, including claims of negligence, costs
and expense, including but not limited to
attorneys' fees, which arise from any claim,
suit or proceeding alleging that the
COUNTY'S use of the goods and /or
services provided under this Purchase Order
are inconsistent with VENDOR'S
representations and warranties in section 11
(a).
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If any claim which arises from VENDOR'S
breach of section 11 (a) has occurred, or is
likely to occur, VENDOR may, at the
COUNTY'S option, procure for the COUNTY
the right to continue using the goods or
services, or replace or modify the goods or
services so that they become non - infringing,
(without any material degradation in
performance, quality, functionality or
additional cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall
provide commercial insurance of such type
and with such terms and limits as may be
reasonably associated with the Purchase
Order. Providing and maintaining adequate
insurance coverage is a material obligation
of the VENDOR. All insurance policies shall
be executed through insurers authorized or
eligible to write policies in the State of
Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes,
and ordinances that are applicable to the
conduct of its business. By way of non -
exhaustive example, this shall include the
American with Disabilities Act and all
prohibitions against discrimination on the
basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges
and without exception or stipulation shall be
fully responsible for complying with the
provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C.
1324, et seq. and regulations relating
thereto, as either may be amended. Failure
by the awarded firm(s) to comply with the
laws referenced herein shall constitute a
breach of the award agreement and the
County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision
may be regarded by the COUNTY as a
material and substantial breach of the
contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause
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beyond their control, including, but without
limitation to war, strikes, civil disturbances
and acts of nature. When VENDOR has
knowledge of any actual or potential force
majeure or other conditions which will delay
or threatens to delay timely performance of
this Purchase Order, VENDOR shall
immediately give notice thereof, including all
relevant information with respects to what
steps VENDOR is taking to complete
delivery of the goods and /or services to the
COUNTY.
15. Assignment
VENDOR may not assign this Purchase
Order, nor any money due or to become due
without the prior written consent of the
COUNTY. Any assignment made without
such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida
sales and use tax on real property, transient
rental property rented, tangible personal
purchased or rented, or services purchased
(Florida Statutes, Chapter 212), and from
federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation
to pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at
any time by the COUNTY upon 30 days
prior written notice to the VENDOR. This
Purchase Order may be terminated
immediately by the COUNTY for breach by
VENDOR of the terms and conditions of this
Purchase Order, provided that COUNTY has
provided VENDOR with notice of such
breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed
by the laws of the State of Florida. The
venue for any action brought to
specifically enforce any of the terms and
conditions of this Purchase Order shall
be the Twentieth Judicial Circuit in and
for Collier County, Florida
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b) Failure of the COUNTY to act
immediately in response to a breach of
this Purchase Order by VENDOR shall
not constitute a waiver of breach.
Waiver of the COUNTY by any default
by VENDOR hereunder shall not be
deemed a waiver of any subsequent
default by VENDOR.
c) All notices under this Purchase Order
shall be sent to the respective
addresses on the face page by certified
mail, return receipt requested, by
overnight courier service, or by personal
delivery and will be deemed effective
upon receipt. Postage, delivery and
other charges shall be paid by the
sender. A party may change its address
for notice by written notice complying
with the requirements of this section.
d) The Vendor agrees to reimbursement of
any travel expenses that may be
10/28/2014 16. D. 9.
associated with this Purchase Order in
accordance with Florida Statute Chapter
112.061, Per Diem and Travel
Expenses for Public Officers, employees
and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract
Documents related to this Purchase
Order, the terms of the Contract
Documents shall take precedence over
the terms of the Purchase Order. To the
extent any terms and /or conditions of
this Purchase Order duplicate or overlap
the Terms and Conditions of the
Contract Documents, the provisions of
the Terms and /or Conditions that are
most favorable to the County and /or
provide the greatest protection to the
County shall govern.
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Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth
in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under
any of the below listed minimum required coverage, Vendor must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of
expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor
from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide
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notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverage(s) purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
3. Additional Items and/or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 51 % or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site
during and after each work assignment the Vendor is performing.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts /agreements, approved by the Board of County
Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this
contract is available upon request. The County will not be obligated to sign any contracts,
maintenance and /or service agreements or other documents provided by the Vendor.
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7. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(a)collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and /or services
as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported
by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the
Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will entertain
bids clearly stating pricing for standard payment methods. An additional separate discounted price
for traditional payments may be provided at the initial bid submittal if it is clearly marked as an
"Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within
the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.)
Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment)
unless specifically authorized by the Project Manager.
Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period is subject to
non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off -set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
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Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in -
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of
any payment for work not performed or for unsatisfactory performance of Contractual requirements.
8. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This
provision is non - negotiable by any department and /or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
9. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any
kind. Additionally, copies of the required licenses must be submitted with the proposal
response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract
documents. Failure on the part of any Vendor to submit the required documentation may be
grounds to deem Vendor non - responsive. A Vendor, with an office within Collier County is also
required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license /registration will need to be renewed thereafter to remain "active" in Collier
County.
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-
2477.
10. Principals /Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is /are named therein and that no person
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other than therein mentioned has any interest in this Proposal or in the contract to be entered into;
that this Proposal is made without connection with any person, company or parties making a
Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
11. Relation of County
It is the intent of the parties hereto that the Vendor shall be legally considered an independent
Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Vendor, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
12. Termination
Should the Vendor be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non - performance.
13. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to
final Board approval, no firm or their agent shall contact any other employee of Collier County in
reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure
to abide by this provision may serve as grounds for disqualification for award of this contract to the
firm.
14. Public Records Compliance
The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)), ordinances, codes,
rules, regulations and requirements of any governmental agencies.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.15n1)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.orp /search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response shall
be required to provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the right to award
to another firm.
16. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as
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a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non - responsive and rejected from further consideration.
In addition, consultants that have participated and/or will participate in the development of
scope, background information or oversight functions on this project are precluded from
submitting a Proposal as either a prime or sub- consultant.
17. Survivability
The Consultant/ContractorNendor agrees that any Work Order /Purchase Order that extends beyond
the expiration date of Solicitation 14 -6332 resultant of this solicitation will survive and remain subject
to the terms and conditions of that Agreement until the completion or termination of any Work
Order /Purchase Order.
18. Protest Procedures
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with the County's
then current purchasing ordinance and policies.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays
and Thursdays. Any actual or prospective respondent who desires to formally protest the
recommended contract award must file a notice of intent to protest with the Procurement Director
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the
"Protest Policy" is available at the office of the Procurement Director.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
20. Security and Background Checks
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing for all employees
that shall provide services to the County under this Agreement. This may include, but not be limited
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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.
21. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution.
22. 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, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by
the individual, 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 contract held by the individual and /or firm for cause.
23. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of
the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the
Bidder/Vendor does not comply with providing both the acceptable E- Verify evidence and the
executed affidavit the bidder's / vendor's proposal may be deemed non - responsive
Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
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For additional information regarding the Employment Eligibility Verification System (E- Verify) program
visit the following website: http: / /www.dhs.pov /E- Verify. It shall be the vendor's responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et sea• and regulations relating thereto, as either may be amended and
with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the
laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
24. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award of County contracts. In the evaluation of proposals, the County rewards
Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion
points.
Local business means the vendor has a current Business Tax Receipt issued by the Collier County
Tax Collector for at least one year prior to bid or proposal submission to do business within Collier
County, and that identifies the business with a permanent physical business address located within
the limits of Collier County from which the vendor's staff operates and performs business in an area
zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-
permanent structure such as a construction trailer, storage shed, or other non - permanent structure
shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a
vendor shall not be considered a "local business" unless it contributes to the economic development
and well -being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to the
County's tax base, and residency of employees and principals of the business within Collier County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or
proposal to be eligible for consideration as a "local business" under this section. A vendor who
misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will
lose the privilege to claim Local Preference status for a period of up to one year.
Under this solicitation proposers desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any proposer who fails to submit sufficient documentation with their
proposal offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
For all purchases of commodities and services procured through a competitive proposal process
and not otherwise exempt from this local preference section, the solicitation shall include a
weighted criterion for local preference that equals 10 percent of the total points in the evaluation
criteria published in the solicitation. Purchases of professional services as defined and identified
under subsection 11 B.2 (which are subject to Section 287.055, F.S.) and subsection 11 B.3 (which
are subject to Section 11.45, F.S.) shall not be subject to this local preference section.
The vendor must complete and submit with their proposal response the Affidavit for Claiming Status
as a Local Business which is included as part of this solicitation.
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Failure on the part of a vendor to submit this Affidavit with their proposal response will
preclude said Vendor from being considered for local preference under this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year.
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Attachment 1: Vendor's Non- Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective
Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please
indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on
the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112.
We are not responding to Solicitation # 14 -6332 Exotic Vegetation Removal for the following
reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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Attachment 2: Vendor Check List
Solicitation # and Title: 14 -6332 Exotic Vegetation Removal
Opening Date: 9/5/14,12:00 Noon, Naples Local Time
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
❑ Any addenda have been signed and included.
❑ The bid must be received electronically only no later than the specified opening date and time.
(Otherwise bid cannot be considered.)
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been
fully disclosed.
Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the
Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract
and /or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of
County of
SUBSCRIBED AND SWORN to before me this day of
20
by who is personally known to me to be the
for the Firm, OR who produced the following
identifi cat io1
Notary Public
My Commission Expires
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W
jjjj&w-A
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 14 -6332 Exotic Vegetation Removal
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, wit out collusion or
fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of
all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by Solicitation: 14 -6332 Exotic Vegetation Removal.
(Proposal Continued on Next Page)
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City, State, ZIP
Telephone: Email
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PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE
have hereunto subscribed our names on this day of
in the County of
'20
in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Additional Contact Information
Send payments to:
(required if different from above)
Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone: Email
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�r Carrnty
Admnsbabve Saves Dvow
Pur&mmg
Attachment 5: Affidavit for Claiming Status as a Local
Solicitation: 14 -6332 Exotic Vegetation Removal (Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County
Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy:
Local business means the vendor has a current Business Tax Receipt issued by the C Ilier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zone for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non - permanent structure such as a
construction trailer, storage shed, or other non - permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well -being of Collier C ounty in a verifiable
and measurable way. This may include, but not be limited to, the retention and expans on of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this
section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted
to the County will lose the privilege to claim Local Preference status for a period of up to one year.
Vendor must complete the following information:
Year Business Established in ❑Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate
If requested by the County, vendor will be required to provide documentation substantiating tt
this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name:
Collier or Lee County Address:
Signature:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Date:
Title:
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this
,20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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RFP_Non_
rs):
information given in
Day of
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- � r
Attachment 6: Immigration Affidavit Certification
Solicitation: 14 -6332 Exotic Vegetation Removal
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the
time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the
properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum
of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment
in the E- Verify program, may deem the Vendor / Bidder's proposal as non - responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor's / Bidder's proposal.
Company Name
Print Name Title
Signature
State of
County of
Date
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced
(Print or Type Name) (Type of Identification and Numbe
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
as identification.
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
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Attachment 7: Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required
information for tax reporting purposes from individuals and companies who do business wi
social security numbers if used by the individual or company for tax reporting pure
119.071(5) require that the county notify you in writing of the reason for collecting this in
used for no other purpose than herein stated. Please complete all information that applil
return with your quote or proposal.
1. General Information (provide all information)
10/28/2014 16.D.9.
collect the following
the County (including
es). Florida Statute
oration, which will be
to your business and
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
_Corporation
_Partnership
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
Order Information
Address
City State Zip
FAX
Email
Remit / Payment Information
Address
City State
FAX
Email
Zip
Enter the tax classification
2. Company Status (check only one)
_Individual / Sole Proprietor
_Corporation
_Partnership
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
(D = Disregarded Entity, C = Corporation,
P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
ndors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.
4. Sign and Date Form
Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct o my knowledge.
Signature
Title
Packet Page -1597-
Date
Phone Number
14 -6332
RFP_N n_CCNATemplate_04152014
37
10/28/2014 16.D.9.
Attachment 8: Insurance and Bonding Requirements
Insurance 1 Bond Type Required Limits
1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability
3. ® Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
$500,000 single limit per occurrence
Bodily Injury and Property Damage
$1,000,000 single limit 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
4. ® Indemnification
To the maximum extent permitted by Florida law, the
Contractor/Vendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone
employed or utilized by the Contractor/Vendor /Consultant 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.
4. ® Automobile Liability
$500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ® Other insurance
as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
® Pollution $ 1,000,000 Per Occurrence
❑ Professional Liability $ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Professional Liability $ per claim and in
Packet Page -1598-
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Valuable Papers Insurance
10/28/2014 16.D.9.
the aggregate
Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-" c r better as to
general policy holders rating and Class V or higher rating as o financial size
category and the amount required shall not exceed 5% of thE reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance r quirements that he is
required to meet. The same Vendor shall provide County with certificates of insur nce meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insuranc� Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Cornmissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The
Certificates of Insurance must state the Contract Number, or Project Number, orspecific Project
description, or must read: For any and all work performed on behalf of Collier Cou itv.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm
Vendor Signature
Print Name
Insurance Agency
Agent Name
Packet Page -1599-
Date
Telephone Number
14 -6332
UP—No _CCNATemplate 04152014
39
10/28/2014 16.D.9.
a:stafne sew o,
aun:,asl%
Attachment 9: Reference Questionnaire
Solicitation: 14 -6332 Exotic Vegetation Removal
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used
in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as
a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the
best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the
firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again).
If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will
be scored "0."
Project Description:
Project Budget:
Change Orders - Dollars Added
Completion Date:
Project Number of Days:
Change Orders - Days Added:
Item
Citeria
Score
1
Ability to manage the project costs (minimize change orders to scope).
2
Ability to maintain project schedule (complete on -time or early).
3
Quality of work.
4
Quality of consultative advice provided on the project.
5
Professionalism and ability to manage personnel.
6
Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7
Ability to verbally communicate and document information clearly and succinctly.
8
Abiltity to manage risks and unexpected project circumstances.
9
Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10
Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to:
Packet Page -1600-
By
14 -6332
RFP_Non_CCNATem plate_04152014
40
v
n,
m
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oa
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i�ier Cot.�nty
HcAianisLative Servirns tJivifdwi
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RFP # 14 -6332
Title: Exotic Vegetation Removal
Selection Committee
Final Ranking Sheet
Name of Firm
Clinton
Perryman
Maiy Toro`
Christal
Segura
Mell9sa
Fienni
Corinne a
Trtari -
Average
Final'
Rank,
Earth Balance
1
3
3
5
1
2.6
1 .0 000
Environmental Restoration Consultants, Inc.
2
6
2
1
3
2.81
2.0000
Collier Environmental Services
5
4
1
2
3
3
3.0000
Earth Tech Environmental, LLC
4
1
4
7
5
4.2
4.0000
Kevin Erwini Consulting Ecologist, Inc.
3
2
5
8
4
4.4
5.0000
Sandhill Enviornmental Services
8
5
6
4
7
6
6.0000
Mettauer Enviornmental, Inc.
6
7
8
3
8
6.4
7.0000
A ua enix
9
8
7
6
7
7.4
8.0000
Milborne, LLC
7
9
9
9
9
8.6
9.0000
Purchasing Representative:
Ewelina Dendroulskis 9/25114
Page 1 of 1
O
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00
N
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0)
R,
10/28/2014 16.D.9.
AGREEMENT14 -6332
for
Exotic Vegetation Removal
THIS AGREEMENT is made and entered into this day of , 2014, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner ") and Earth Tech Environmental, LLC,
authorized to do business in the State of Florida, whose business address is 1455 Rail Head
Boulevard, Suite 8, Naples, FL 34110 (hereinafter referred to as the "Contractor").
WITNESSETH:
COMMENCEMENT. The Contractor shall commence the work upon the issuance of a
Purchase Order. The contract shall be for a one (1) year period, commencing on November
12, 2014, and terminating November 11, 2015, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed or
terminated. This contract shall have three (3) additional, one (1) year renewals, renewable
annually. 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 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 not less than ten (10) days prior to the
end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed six (6) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for Exotic Vegetation Removal on an as- needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP # 14 -6332, Exhibit
A Scope of Work, and the Contractor's proposal, which is incorporated by reference and made
an integral part of this Agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of
the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Parks & Recreation Department, any County
Department may use this contract provided sufficient funds are included in its budget. The
process for obtaining services under this Contract is as follows:
For work less than $50,000: the department may select one of the Contractor(s) on
contract, quote out the work among all Contractor(s) on contract, or competitively solicit for
new quotes.
For work greater than $50,000 and less than $200,000: the department may quote out work
among all the Contractor(s) on contract, or may conduct a separate new solicitation.
For work that may exceed $200,000: the department may quote out work among all the
Contractor(s) on contract and obtain approval from the Board of County commissioners, or
may conduct a separate new solicitation.
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10/28/2014 16.D.9.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion. Quotes may be
submitted as time and materials or lump sum.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County's
Project Manager or designee, in compliance with the County Purchasing Ordinance and
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to RFP 9 14 -6332 per Exhibit
B Price Schedule, attached herein and incorporated by reference or subsequent quotes. Any
County Agency may utilize the services offered under this contract, provided sufficient funds
are included in the budget(s). This contract will be Purchase Order driven.
3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted seven (7) days after the date of se ices or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
Earth Tech Environmental, LLC
1455 Rail Head Boulevard. Suite 8
Naples, FL 34110
Attention: Donn Brown, President
Telephone: 239 - 304 -0030
Facsimile: 239-324-0054
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
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 Service Agreement must be in writing.
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10/28/2014 16.D.9.
5. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all -=
permits necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the County.
Contractor is not responsible for paying for permits issued by Collier County, but is responsible
for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated
to pay for any permits obtained by Subcontractors. 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.
7. 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 Contract 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.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of 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 sole judge of non-
performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. 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 $500,000 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.
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C. Workers' Compensation: Insurance covering all employees meet ng Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum Limit of $500,000 for each accident.
D. Pollution Coverage: Coverage shall have minimum limits of $1,000,000 Per Occurrence.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty 30) day notification to
the County in the event of cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida lain
indemnify and hold harmless Collier County, its officers and employe
liabilities, damages, losses and costs, including, but not limited to, reasi
and paralegals' fees, to the extent caused by the negligence, reckless
wrongful conduct of the Contractor or anyone employed or utilized by
performance of this Agreement. This indemnification obligation shall
negate, abridge or reduce any other rights or remedies which otherwise r
indemnified party or person described in this paragraph. This section d
incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and sep,
indemnify, and the duty to defend exists regardless of any ultimate liat
County and any indemnified party. The duty to defend arises immediai
of a claim by any party and written notice of such claim being pr
Contractor's obligation to indemnify and defend under this Article 11 will
or earlier termination of this Agreement until it is determined by final ju
against the County or an indemnified party for the matter indemnified
finally barred by the applicable statute of limitations.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice
because of defective or incomplete work, subsequently discovered evii
inspections. The Owner may nullify the whole or any part of any
previously issued and Owner may withhold any payments otherwise due
Agreement or any other agreement between Owner and Contractor, to si
necessary in the Owner's opinion to protect it from loss because of: (e
remedied; (b) third party claims failed or reasonable evidence indicating
claims; (c) failure of Contractor to make payment properly to subcon
materials or equipment; (d) reasonable doubt that the Work can be com
balance of the Contract Amount; (e) reasonable indication that the Work
within the Contract Time; (f) unsatisfactory prosecution of the Work by 1
any other material breach of the Contract Documents.
Packet Page -1605-
the Contractor shall
es from any and all
nable attorneys' fees
ness, or intentionally
the Contractor in the
not be construed to
iay be available to an
*s not pertain to any
ite from the duty to
y of the Contractor,
V upon presentation
ided to Contractor.
irvive the expiration
meat that an action
reunder is fully and
or portions thereof,
lence or subsequent
:)proval for payment
;ontractor under this
ich extent as may be
) defective Work not
irobable fling of such
ractors or for labor,
) leted for the unpaid
vill not be completed
ie Contractor; or (g)
O�A
10/28/2014 16.D.9.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
14. CHANGES IN THE WORK. Owner 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 itemized 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 Owner, and Owner shall not be liable to the Contractor for any increased
compensation without such modification. No officer, employee or agent of Owner is authorized
to direct any extra or changed work orally. Any modifications to this Contract shall be in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
15. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with 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) -(d) and (3)), ordinances).
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
17. 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 and ready for occupancy by Owner.
16.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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
Owner.
19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's
Proposal, and /or the County's Board approved Executive Summary, the Contract Documents
shall take precedence.
20. 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
Packet Page -1606- �'
10/28/2014 16.D.9.
accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and pay ent by the County.
21.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, Co tractor 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.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, IZ ws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project r aquires 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 furn sh to the Owner the
required certificates of inspection, testing or approval. All inspections, t sts or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
23. 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 Owner or Owner'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 Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractors all immediately notify
Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is re uired because of the
action taken in response to an emergency, a written Order shall be is ued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty -eight (48) hour written notice noted
shall be deemed to have waived any right it otherwise may have had to
the Contract Amount or an extension to the Contract Time.
Packet Page -1607-
ove, the Contractor
* an adjustment to
`c_ac�
10/28/2014 16.D.9.
25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Parks & Recreation Department.
26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP # 14 -6332 any
addenda, and subsequent Quotations, made or issued pursuant to this Agreement.
27. 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 111, 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 contract held by the individual
and/or firm for cause.
28. 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.
29. 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.
No markup shall be applied to sales tax.
30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the 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.
31. 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.
32.OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
33.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.
34. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
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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.
35. 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 neg tiations 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 E ttempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediato 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. Sho ild 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.
36. SAFETY. All contractors and subcontractors performing
required and shall comply with all Occupational Safety and
State and County Safety and Occupational Health Standards
and regulations. Also all Contractors and subcontractors shall
their employees and any unsafe acts or conditions that may
persons or property within and around the work site.
service for Collier County are
Health Administration (OSHA),
and any Dther applicable rules
be responsible for the safety of
cause injury or damage to any
Collier County Government has authorized the Occupational Safety and
(OSHA) to enter any Collier County Facility, property and /or right -of -%
inspection of any Contractor's work operations. This provision is n
department and /or Contractor. All applicable OSHA inspection criteri,
Contractor rights, with one exception. Contractors do not have the ril
OSHA onto a project that is being performed on Collier County Property.
owner of the property where the project is taking place shall be the
refuse access to the project. However, this decision shall only be mac
11 A
Risk Management D a p r+ ment Safety Manager any /or Safety Engineer.
Remainder of page intentionally left blank
Packet Page -1609-
Health Administration
iy for the purpose of
in- negotiable by any
apply as well as all
ht to refuse to allow
Collier County, as the
mly entity allowed to
e by Collier County's
(C,A o"
10/28/2014 16.D.9.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to Form and Legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Earth Tech Environmental, LLC
By:
Signature
Typed Signature
Title
Packet Page -1610- CA
Exhibit A — Scope of Work
Background
Collier County owns many parcels of land that require, either by County orc
agreements, exotic vegetation removal and maintenance. The removal and mai
requires a large amount of labor, specialized knowledge of Southwest Florida
use of pesticides and their application.
Detailed Scope of Work
10/28/2014 16.D.9.
or by federal /state
e of this vegetation
and training in the
The Contractor will provide services for the removal of exotic and other nuisance vegetation by manual and
mechanical methods including chemical and /or physical removal. Trees, bushes, and other vegetation
may be cut with machetes, chain saws, brush trimmers, etc. and /or treated with chemicals, or removed by
other methods depending on the requirements of the particular project and as directed by the County
department.
Treatment and removal of exotic and other nuisance vegetation must be in accor ance with Florida State
law, and the Contractor must provide and maintain all applicable licenses du ng the duration of the
contract.
Species to be removed during the duration of this contract include, but are not limited to:
• Category 1 and 2 species listed on the most current Florida Exotic Pest lant Council (FLEPPC)
invasive species list.
• Any other undesirable species as directed by the County's Project Manager, or designee.
Additionally, the Contractor shall:
1. Provide professional assistance determining the most effective methodology to remove exotic
vegetation.
2. Include in the quotes all labor, material, supervision, equipment, supplies, tools, services, disposal,
and all other incidentals required to perform all exotic and other undesirable vegetation treatment
and /or removal. There shall be no disposal of debris into waterways
3. Provide pricing quotes on each project as requested by the County's Projec Manager, or designee.
The County may seek price quotes from one, or all, Contractors (as descr bed in Section 2 of the
contract). Price quotes must include description of the project, location, des ription of the service to
be provided and cost. Contractors must be detailed as described by the County's Project Manager,
or designee, and Contractors' invoices be in accordance with this contract.
4. Coordinate with other selected Contractor's to complete the job as directed by the County's Project
Manager, or designee.
5. Provide the service so as not to damage or destroy native vegetation within the area of exotic
treatment. Due caution must be given to the surrounding habitat.
6. Minimize disturbance to surface area. Replace damaged native vegetation according to County
Code.
7. Provide equipment in good repair necessary to perform the described services in particular and the
equipment necessary to complete related tasks. In the event that additional equipment (i.e. crane,
bucket truck, ditch witch, etc.) is needed, the department must be notified in advance, for final
approval. The reimbursement of rental equipment expense shall be at cost, commencing when it
arrives at the service site. The County reserves the right to request documentation of the
Contractor's cost and to withhold payments until documentation is provided.
8. 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.
Collier County staff reserve the right to inspect and approve or deny the equipment from entering
the project site prior to the commencement of the project.
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9. Document pre - project existing conditions of adjacent private property by photographs, video or
other means at each work site, prior to commencement of any work, upon County's request.
10. Restore any damages caused by the completion of this project to the documented pre - project
condition. Should a damage dispute arise between an adjacent property owner, and the Contractor
subsequently disputes the claim, it is the Contractor's responsibility to provide pre - project existing
condition documentation.
11. Provide the County's Project Manager, or designee, with a written list of all herbicides, adjuvant,
and diluents and their mixing ratios.
12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the
current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within
the right -of -way and /or easements. All operations shall be in accordance with a Collier County's
Maintenance of Traffic Policy, #5807, Revised October 1, 2003, copies of which are available at:
http: / /r)ortal.colliergov. net/ SiteDirectory/ASD /Purchasin,Nendors /Shared %20Documents /Forms /Alil
tems.aspx. A Maintenance of Traffic Plan shall be approved in writing by the Department prior to
the start of the project. 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.
13. Inform the County's Project Manager, or designee, of work location and proposed schedule.
14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and
unsightly vegetation materials on a daily basis. Daily clean -up operation must include removal and
proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly
stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval
of County's Project Manager, or designee, to be determined in advance. Ruts made in the soil
must be removed by the Contractor.
15. Provide for a maximum of two (2) months, or less if directed by the County's Project Manager, or
designee, mortality evaluation period from the substantial completion date noted in any order
provided by the department to the Contractor. The Contractor shall demonstrate to the department
that all exotic vegetation on site has been exterminated to the complete satisfaction of the
department. Any re- growth of stumps or plants that were not eradicated shall be properly re- treated''
by the Contractor at no additional expense to the department. Following this secondary re- 4 f
treatment, there shall be a one (1) month, or less if directed by the County's Project Manager, or
designee, mortality re- evaluation period to determine effectiveness of re- treatment.
16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day
and include the last day of such a period. If the last day of any such period falls on a Saturday or
Sunday, or any County legal holiday, such day shall be omitted from the computation, and the last
day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the
County's Project Manager, or designee..
18. Park vehicles and equipment in areas designated only by the County department and with prior
permission of the County's Project Manager, or designee.
19. Provide a complete report of the *work completed, including, but not limited to the location, the
materials removed, the number of hours to perform the work, and the cost of the removal process.
In addition to work identified above, the Contractor may be used for the following type of service:
1. Clearing and Grubbing: Clear and grub within areas directed by the County's Project Manager, or
designee. Completely remove and dispose of all trees, brush, stumps, roots, boulders, rubbish, debris
and any other such protruding objects to a depth of twelve inches (12 ") below the ground surface.
2. Selective Clearing and Grubbing: The Contractor shall remove and dispose of all vegetation,
obstructions, trees, brush, stumps, roots, boulders, rubbish, debris and any other such protruding
objects, where so elected by the County's Project Manager, or designee. The Contractor may cut
roots, and other such protruding objects, flush with the ground surface. The Contractor shall completely
remove and dispose of stumps and entirely remove undergrowth except in specific areas designated by
the County's Project Manager, or designee. The Contractor shall trim, protect, and leave standing
desirable trees, with the exception of such trees as the County's Project Manager, or designee may
designate to be removed in order to facilitate maintenance. The Contractor shall remove undesirable or
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damaged trees as designated by the County's Project Manager, or designee, and perform selective
clearing and grubbing only in areas designated by the County's Project Manager, or designee.
When work is required within fenced areas, it may be necessary to remove a portion of the fence to
gain access. Fence shall be restored immediately following completion of work described in the work
document. Cost of restoring the fence shall be included in the cost of clearing and grubbing per acre
with fence removal (all types).
Before beginning work, all damaged fence, fence posts and other appurtenances such as sign posts
and bases, delineator posts, guardrail or barrier walls, light poles, end walls, pipes, drainage structures,
poles, guys, landscape areas, etc., shall be reported to the County's Project Manager, or designee. Any
fence, fence post or other appurtenance found damaged after beginning work shall be deemed
damaged by the Contractor and shall be replaced at the Contractor's expense.
3. Tree and Bush Trimming and Removal: The work specified in this section consists of trimming trees,
the removal of undesired trees and brush, and the disposal of resulting waste and debris. Tree
trimming shall only be done by trained employees skilled in the operation of the mechanized equipment
used for this type of work. The type of trimming to be performed and the height and width of cut specific
to the trees to be trimmed shall be described by the County's Project Manager, or designee. Tree
trimming shall also consist of the removal of all dead, dying, diseased, decaying, interfering, suckering,
obstructive and weak branches, as well as selective thinning to lessen wind resistance.
The trim -line shall be held continuous throughout the work limits to give a neat, uniform appearance.
When applicable, all branches or limbs shall be cut perpendicular and flush to the branch collar and
shall be removed as to avoid splits or other unnecessary damage to the tree. All hangers and cut limbs
shall be removed from the trees. Climbers, gaffs or other climbing equipment that damages trees will
not be permitted.
4. Crown Reduction: Crown reduction shall consist of the reduction of tops, sides or individual limbs. The
technique for crown reduction involves the removal of parent limb(s) or dominant leader at the point of
attachment of a lateral branch. Topping and hat racking are not acceptable methods of crown
reduction. In no situation shall greater than one -third (1/3) of the existing tree area be removed in a
single operation. Effort should be made to cut back to a lateral at least one -third (1/3) to one -half (1/2)
the diameter of the parent limb or leader that is being removed.
5. Stump Grinding and Power Shearing: This section shall be governed by the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, current edition.
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Exhibit B —Price Schedule
Position
Hourly Rate
Professional staff (i.e. degreed
biologist or arborist)
$95 Per Hour
Project Manager
$85 Per Hour
Crew leader / supervisor
$65 Per Hour
Herbicide applicator
$35 Per Hour
Chain saw operator
$35 Per Hour
Other laborer
$30 Per Hour
This list is not intended to be all inclusive. Fees for other services and categories, including
equipment and materials, shall be mutually negotiated by the County and the Contractor as
needed for the Work.
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10/28/2014 16.D.9.
A G R E E M E N T 14-6332
for
Exotic Vegetation Removal
THIS AGREEMENT is made and entered into this day of , 2014, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and EarthBalance Corporation, authorized
to do business in the State of Florida, whose business address is 2579 N. Toledo Blade Boulevard,
North Port, Florida 34289 (hereinafter referred to as the "Contractor").
WITNESSETH:
COMMENCEMENT. The Contractor shall commence the work upon the issuance of a
Purchase Order. The contract shall be for a one (1) year period, commencing on November
12, 2014, and terminating November 11, 2015, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed or
terminated. This contract shall have three (3) additional, one (1) year renewals, renewable
annually. 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 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 not less than ten (10) days prior to the
end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed six (6) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for Exotic Vegetation Removal on an as- needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP # 14 -6332, Exhibit
A Scope of Work, and the Contractor's proposal, which is incorporated by reference and made
an integral part of this Agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the r nntrartnr Rather, this Agreement governs the rjghtc and obligation of
the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Parks & Recreation Department, any County
Department may use this contract provided sufficient funds are included in its budget. The
process for obtaining services under this Contract is as follows:
• For work less than $50,000: the department may select one of the Contractor(s) on
contract, quote out the work among all Contractor(s) on contract, or competitively solicit for
new quotes.
• For work greater than $50,000 and less than $200,000: the department may quote out work
among all the Contractor(s) on contract, or may conduct a separate new solicitation.
• For work that may exceed $200,000: the department may quote out work among all the
Contractor(s) on contract and obtain approval from the Board of County commissioners, or
may conduct a separate new solicitation.
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In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion. Quotes may be
submitted as time and materials or lump sum.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County's
Project Manager or designee, in compliance with the County Purchasing Ordinance and
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to RFP # 14 -6332 per Exhibit
B Price Schedule, attached herein and incorporated by reference or subsequent quotes. Any
County Agency may utilize the services offered under this contract, provided sufficient funds
are included in the budget(s). This contract will be Purchase Order driven.
3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted seven (7) days after the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by ,
the United States Postal Service Department, first class mail service, postage prepaid,:
addressed to the following Contractor's address of record:
EarthBalance Corporation
2579 Toledo Blade Boulevard
North Port, Florida 33950
Attention: Karen F. Burnett, Vice President
Telephone: 941 -426 -7878
Facsimile: 941 -426 -8778
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 -252 -8407
Fax: 239 - 252 -6480
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 Service Agreement must be in writing.
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10/28/2014 16.D.9.
5. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all
permits necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the County.
Contractor is not responsible for paying for permits issued by Collier County, but is responsible
for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated
to pay for any permits obtained by Subcontractors. 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.
7. 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 Contract 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.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of 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 sole judge of non-
performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. 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 $500,000 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.
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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 $500,000 for each accident.
D. Pollution Coverage: Coverage shall have minimum limits of $1,000,000 Per Occurrence.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to
the County in the event of cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor 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 oO
indemnified party or person described in this paragraph. This section does not pertain to any
incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 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 11 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.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner'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) 'A"NA
any other material breach of the Contract Documents.
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If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
14. CHANGES IN THE WORK. Owner 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 itemized 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 Owner, and Owner shall not be liable to the Contractor for any increased
compensation without such modification. No officer, employee or agent of Owner is authorized
to direct any extra or changed work orally. Any modifications to this Contract shall be in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
15. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with 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) -(d) and (3)), ordinances).
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
17. 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 and ready for occupancy by Owner.
1 &ASSIG LAMENT. Contractor shall not assign this Agreement or any part "thereof, without the
prior consent in writing of Owner. 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
Owner.
19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's
Proposal, and /or the County's Board approved Executive Summary, the Contract Documents
shall take precedence.
20. 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
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accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
21.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.
22. 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 Owner 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 Owner.
23. 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 Owner or Owner'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 Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written 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,
CA
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25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Parks & Recreation Department.
26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP # 14 -6332 any
addenda and subsequent Quotations, made or issued pursuant to this Agreement.
27. 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 contract held by the individual
and /or firm for cause.
28. 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.
29. 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.
No markup shall be applied to sales tax.
30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the 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.
31. 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.
32.OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
33.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.
34. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
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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.
35. 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.
36. 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
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 Department Safety Manager and /or Safety Engineer.
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im
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
QI
Dated:
(Seal)
First Witness
Type /Print Witness Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
EarthBalance Corporation
0
Signature
Typed Signature
Second Witness Title
Type /Print Witness Name
Approved as to Form and Legality:
(IM
Assistant County Attorney
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Exhibit A — Scope of Work
Backsaround
10/28/2014 16.D.9.
Collier County owns many parcels of land that require, either by County ordinance or by federal /state
agreements, exotic vegetation removal and maintenance. The removal and maintenance of this vegetation
requires a large amount of labor, specialized knowledge of Southwest Florida plants, and training in the
use of pesticides and their application.
Detailed Scope of Work
The Contractor will provide services for the removal of exotic and other nuisance vegetation by manual and
mechanical methods including chemical and /or physical removal. Trees, bushes, and other vegetation
may be cut with machetes, chain saws, brush trimmers, etc. and /or treated with chemicals, or removed by
other methods depending on the requirements of the particular project and as directed by the County
department.
Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State
law, and the Contractor must provide and maintain all applicable licenses during the duration of the
contract.
Species to be removed during the duration of this contract include, but are not limited to:
• Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC)
invasive species list.
• Any other undesirable species as directed by the County's Project Manager, or designee.
Additionally, the Contractor shall:
1. Provide professional assistance determining the most effective methodology to remove exotic
vegetation.
2. Include in the quotes all labor, material, supervision, equipment, supplies, tools, services, disposal,
and all other incidentals required to perform all exotic and other undesirable vegetation treatment
and /or removal. There shall be no disposal of debris into waterways
3. Provide pricing quotes on each project as requested by the County's Project Manager, or designee.
The County may seek price quotes from one, or all, Contractors (as described in Section 2 of the
contract). Price quotes must include description of the project, location, description of the service to
be provided and Cost. Contractors must be detailed as desCnbed by the County's Project Manager,
or designee, and Contractors' invoices be in accordance with this contract.
4. Coordinate with other selected Contractor's to complete the job as directed by the County's Project
Manager, or designee.
5. Provide the service so as not to damage or destroy native vegetation within the area of exotic
treatment. Due caution must be given to the surrounding habitat.
6. Minimize disturbance to surface area. Replace damaged native vegetation according to County
Code.
7. Provide equipment in good repair necessary to perform the described services in particular and the
equipment necessary to complete related tasks. In the event that additional equipment (i.e. crane,
bucket truck, ditch witch, etc.) is needed, the department must be notified in advance, for final
approval. The reimbursement of rental equipment expense shall be at cost, commencing when it
arrives at the service site. The County reserves the right to request documentation of the
Contractor's cost and to withhold payments until documentation is provided.
8. 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. ,•+
Collier County staff reserve the right to inspect and approve or deny the equipment from entering
the project site prior to the commencement of the project.
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9. Document pre - project existing conditions of adjacent private property by photographs, video or
other means at each work site, prior to commencement of any work, upon County's request.
10. Restore any damages caused by the completion of this project to the documented pre - project
condition. Should a damage dispute arise between an adjacent property owner, and the Contractor
subsequently disputes the claim, it is the Contractor's responsibility to provide pre - project existing
condition documentation.
11. Provide the County's Project Manager, or designee, with a written list of all herbicides, adjuvant,
and diluents and their mixing ratios.
12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the
current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within
the right -of -way and /or easements. All operations shall be in accordance with a Collier County's
Maintenance of Traffic Policy, #5807, Revised October 1, 2003, copies of which are available at:
http:Hi)ortal.colliergov. net/ SiteDirectory /ASD /PurchasingNendors/ Shared %20Documents /Forms /Alll
tems.aspx. A Maintenance of Traffic Plan shall be approved in writing by the Department rip or to
the start of the proiect. 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.
13. Inform the County's Project Manager, or designee, of work location and proposed schedule.
14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and
unsightly vegetation materials on a daily basis. Daily clean -up operation must include removal and
proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly
stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval
of County's Project Manager, or designee, to be determined in advance. Ruts made in the soil
must be removed by the Contractor.
15. Provide for a maximum of two (2) months, or less if directed by the County's Project Manager, or
designee, mortality evaluation period from the substantial completion date noted in any order
provided by the department to the Contractor. The Contractor shall demonstrate to the department
that all exotic vegetation on site has been exterminated to the complete satisfaction of the
department. Any re- growth of stumps or plants that were not eradicated shall be properly re- treated
by the Contractor at no additional expense to the department. Following this secondary re-
treatment, there shall be a one (1) month, or less if directed by the County's Project Manager, or
designee, mortality re- evaluation period to determine effectiveness of re- treatment.
16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day
and include the last day of such a period. If the last day of any such period falls on a Saturday or
Sunday, or any County legal holiday, such day shall be omitted from the computation, and the last
day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the
County's Project Manager, or designee.
18. Park vehicles and equipment in areas designated only by the County department and with prior
permission of the County's Project Manager, or designee.
19. Provide a complete report of the work completed, including, but not limited to the location, the
materials removed, the number of hours to perform the work, and the cost of the removal process.
In addition to work identified above, the Contractor may be used for the following type of service:
1. Clearing and Grubbing: Clear and grub within areas directed by the County's Project Manager, or
designee. Completely remove and dispose of all trees, brush, stumps, roots, boulders, rubbish, debris
and any other such protruding objects to a depth of twelve inches (12 ") below the ground surface.
2. Selective Clearinq and Grubbing: The Contractor shall remove and dispose of all vegetation,
obstructions, trees, brush, stumps, roots, boulders, rubbish, debris and any other such protruding
objects, where so elected by the County's Project Manager, or designee. The Contractor may cut
roots, and other such protruding objects, flush with the ground surface. The Contractor shall completely
remove and dispose of stumps and entirely remove undergrowth except in specific areas designated by
the County's Project Manager, or designee. The Contractor shall trim, protect, and leave standing
desirable trees, with the exception of such trees as the County's Project Manager, or designee may
designate to be removed in order to facilitate maintenance. The Contractor shall remove undesirable or
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damaged trees as designated by the County's Project Manager, or designee, and perform selective
clearing and grubbing only in areas designated by the County's Project Manager, or designee.
When work is required within fenced areas, it may be necessary to remove a portion of the fence to
gain access. Fence shall be restored immediately following completion of work described in the work
document. Cost of restoring the fence shall be included in the cost of clearing and grubbing per acre
with fence removal (all types).
Before beginning work, all damaged fence, fence posts and other appurtenances such as sign posts
and bases, delineator posts, guardrail or barrier walls, light poles, end walls, pipes, drainage structures,
poles, guys, landscape areas, etc., shall be reported to the County's Project Manager, or designee. Any
fence. fence Post or other appurtenance found damaged after beginning work shall be deemed
damaged by the Contractor and shall be replaced at the Contractor's expense
3. Tree and Bush Trimming and Removal: The work specked in this section consists of trimming trees,
the removal of undesired trees and brush, and the disposal of resulting waste and debris. Tree
trimming shall only be done by trained employees skilled in the operation of the mechanized equipment
used for this type of work. The type of trimming to be performed and the height and width of cut specific
to the trees to be trimmed shall be described by the County's Project Manager, or designee. Tree
trimming shall also consist of the removal of all dead, dying, diseased, decaying, interfering, suckering,
obstructive and weak branches, as well as selective thinning to lessen wind resistance.
The trim -line shall be held continuous throughout the work limits to give a neat, uniform appearance.
When applicable, all branches or limbs shall be cut perpendicular and flush to the branch collar and
shall be removed as to avoid splits or other unnecessary damage to the tree. All hangers and cut limbs
shall be removed from the trees. Climbers, gaffs or other climbing equipment that damages trees will
not be permitted.
4. Crown Reduction: Crown reduction shall consist of the reduction of tops, sides or individual limbs. The
technique for crown reduction involves the removal of parent limb(s) or dominant leader at the point of
attachment of a lateral branch. Topping and hat racking are not acceptable methods of crown
reduction. In no situation shall greater than one -third (1/3) of the existing tree area be removed in a
single operation. Effort should be made to cut back to a lateral at least one -third (1/3) to one -half (1/2)
the diameter of the parent limb or leader that is being removed.
5. Stump Grinding and Power Shearing: This section shall be governed by the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, current edition.
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Exhibit B —Price Schedule
Position
Hourly Rate
Professional staff (i.e. degreed
biologist or arborist)
$85 Per Hour
Project Manager
$105 Per Hour
Crew leader / supervisor
$62 Per Hour
Herbicide applicator
$28 Per Hour
Chain saw operator
$32 Per Hour
Other laborer
$28 Per Hour
This list is not intended t o
equipment and materials,
needed for the Work.
I*
10/28/2014 16.D.9.
be all inclusive. Fees for other services and categories, including
shall be mutually negotiated by the County and the Contractor as
CAC'
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A G R E E M E N T 14-6332
for
Exotic Vegetation Removal
THIS AGREEMENT is made and entered into this day of , 2014, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Environmental Restoration
Consultants, Inc, authorized to do business in the State of Florida, whose business address is 24571
Redfish St., Bonita Springs, FL 34134 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT. The Contractor shall commence the work upon the issuance of a
Purchase Order. The contract shall be for a one (1) year period, commencing on November
12, 2014, and terminating November 11, 2015, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed or
terminated. This contract shall have three (3) additional, one (1) year renewals, renewable
annually. 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 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 not less than ten (10) days prior to the
end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed six (6) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for Exotic Vegetation Removal on an as- needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP # 14 -6332, Exhibit
A, Scope of Work, and the Contractor's proposal, which is incorporated by reference and made
an integral part of this Agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of
the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Parks & Recreation Department, any County
Department may use this contract provided sufficient funds are included in its budget. The
process for obtaining services under this Contract is as follows:
• For work less than $50,000: the department may select one of the Contractor(s) on
contract, quote out the work among all Contractor(s) on contract, or competitively solicit for
new quotes.
• For work greater than $50,000 and less than $200,000: the department may quote out work
among all the Contractor(s) on contract, or may conduct a separate new solicitation.
• For work that may exceed $200,000: the department may quote out work among all the
Contractor(s) on contract and obtain approval from the Board of County commissioners, or
may conduct a separate new solicitation.
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In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion. Quotes may be
submitted as time and materials or lump sum.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County's
Project Manager or designee, in compliance with the County Purchasing Ordinance and
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to RFP # 14 -6332 per Exhibit
B Price Schedule, attached herein and incorporated by reference or subsequent quotes. Any
County Agency may utilize the services offered under this contract, provided sufficient funds
are included in the budget(s). This contract will be Purchase Order driven.
3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted seven (7) days after the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
Environmental Restoration Consultants, Inc.
24571 Redfish St.
Bonita Springs, FL 34134
Attention: Jeff Adair, President
Telephone: 239 - 992 -0086
Facsimile: 239 -992 -0086
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 -252 -8407
Fax: 239 - 252 -6480
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 Service Agreement must be in writing.
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5. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all
permits necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the County.
Contractor is not responsible for paying for permits issued by Collier County, but is responsible
for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated
to pay for any permits obtained by Subcontractors. 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.
7. 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 Contract 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 ,u
corrected to the satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of 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 sole judge of non-
performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. 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 $500,000 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.
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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 $500,000 for each accident.
D. Pollution Coverage: Coverage shall have minimum limits of $1,000,000 Per Occurrence.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to
the County in the event of cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 will survive the expiration
or earlier termination of this Agreement unt!! ► is determined by finel 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.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner'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.
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If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
14. CHANGES IN THE WORK. Owner 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 itemized 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 Owner, and Owner shall not be liable to the Contractor for any increased
compensation without such modification. No officer, employee or agent of Owner is authorized
to direct any extra or changed work orally. Any modifications to this Contract shall be in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
15. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with 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) -(d) and (3)), ordinances).
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly z....
notify Owner in writing.
17. 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 and ready for occupancy by Owner.
18.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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
Owner.
19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's
Proposal, and /or the County's Board approved Executive Summary, the Contract Documents
shall take precedence.
20. 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
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accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
21.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.
22. 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 Owner 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 Owner.
23. 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 Owner or Owner'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 Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written 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.
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25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Parks & Recreation Department.
26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or 10"* 1
referenced component parts, all of which are as fully a part of the Agreement as if herein set`
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP # 14 -6332 any
addenda, and subsequent Quotations, made or issued pursuant to this Agreement.
27. 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 contract held by the individual
and /or firm for cause.
28. 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.
29. 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.
No markup shall be applied to sales tax.
30. IMMIGRATION LAW COMPLIANCE By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the 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.
31. VENUE• Any suit or action brought by either parry 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.
32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other govemmental entities at the discretion of the
successful proposer.
33.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.
34. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited tor_.,
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checking federal, state and local law enforcement records, including a state ana Fbl tingerpnnt
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.
35. 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.
36. 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
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 Department Safety Manager and /or Safety Engineer.
Remainder of page intentionally left blank * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to Form and Legality:
I r(*
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Environmental Restoration Consultants, Inc.
By:
Signature
Typed Signature
Title
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Exhibit A — Scope of Work
Backaround
10/28/2014 16.D.9.
Collier County owns many parcels of land that require, either by County ordinance or by federal /state
agreements, exotic vegetation removal and maintenance. The removal and maintenance of this vegetation
requires a large amount of labor, specialized knowledge of Southwest Florida plants, and training in the
use of pesticides and their application.
Detailed Scope of Work
The Contractor will provide services for the removal of exotic and other nuisance vegetation by manual and
mechanical methods including chemical and /or physical removal. Trees, bushes, and other vegetation
may be cut with machetes, chain saws, brush trimmers, etc. and /or treated with chemicals, or removed by
other methods depending on the requirements of the particular project and as directed by the County
department.
Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State
law, and the Contractor must provide and maintain all applicable licenses during the duration of the
contract.
Species to be removed during the duration of this contract include, but are not limited to:
Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC)
invasive species list.
Any other undesirable species as directed by the County's Project Manager, or designee.
Additionally, the Contractor shall:
1. Provide professional assistance determining the most effective methodology to remove exotic
vegetation.
2. Include in the quotes all labor, material, supervision, equipment, supplies, tools, services, disposal,
and all other incidentals required to perform all exotic and other undesirable vegetation treatment
and /or removal. There shall be no disposal of debris into waterways.
3. Provide pricing quotes on each project as requested by the County's Project Manager, or designee.
The County may seek price quotes from one, or all, Contractors (as described in Section 2 of the
contract). Price quotes must include description of the project, location, description of the service to
be provided and cost. Contractors must be detailed as described by the County's Project Manager,
or designee, and Contractors' invoices be in accordance with this contract.
4. Coordinate with other selected Contractor's to complete the job as directed by the County's Project
Manager, or designee.
5. Provide the service so as not to damage or destroy native vegetation within the area of exotic
treatment. Due caution must be given to the surrounding habitat.
6. Minimize disturbance to surface area. Replace damaged native vegetation according to County
Code.
7. Provide equipment in good repair necessary to perform the described services in particular and the
equipment necessary to complete related tasks. In the event that additional equipment (i.e. crane,
bucket truck, ditch witch, etc.) is needed, the department must be notified in advance, for final
approval. The reimbursement of rental equipment expense shall be at cost, commencing when it
arrives at the service site. The County reserves the right to request documentation of the
Contractor's cost and to withhold payments until documentation is provided.
8. 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.
Collier County staff reserve the right to inspect and approve or deny the equipment from entering
the project site prior to the commencement of the project.
'c,acj
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9. Document pre - project existing conditions of adjacent private property by photographs, video or
other means at each work site, prior to commencement of any work, upon County's request.
10. Restore any damages caused by the completion of this project to the documented pre - project
condition. Should a damage dispute arise between an adjacent property owner, and the Contractor
subsequently disputes the claim, it is the Contractor's responsibility to provide pre - project existing
condition documentation.
11. Provide the County's Project Manager, or designee, with a written list of all herbicides, adjuvant,
and diluents and their mixing ratios.
12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the
current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within
the right -of -way and /or easements. All operations shall be in accordance with a Collier County's
Maintenance of Traffic Policy, #5807, Revised October 1, 2003, copies of which are available at:
http: / /portal.collier -ov. net/ SiteDirectory /ASD /Purchasing/Vendors /Shared %20Documents /Forms /AIII
tems.aspx. A Maintenance of Traffic Plan shall be approved in writing by the Department Prior to
the start of the project. 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.
13. Inform the County's Project Manager, or designee, of work location and proposed schedule.
14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and
unsightly vegetation materials on a daily basis. Daily clean -up operation must include removal and
proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly
stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval
of County's Project Manager, or designee, to be determined in advance. Ruts made in the soil
must be removed by the Contractor.
15. Provide for a maximum of two (2) months, or less if directed by the County's Project Manager, or
designee, mortality evaluation period from the substantial completion date noted in any order
provided by the department to the Contractor. The Contractor shall demonstrate to the department
that all exotic vegetation on site has been exterminated to the complete satisfaction of the
department. Any re- growth of stumps or plants that were not eradicated shall be properly re- treated
by the Contractor at no additional expense to the department. Following this secondary re-
treatment, there shall be a one (1) month, or less if directed by the County's Project Manager, or
designee, mortality re- evaluation period to determine effectiveness of re- treatment.
16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day
and include the last day of such a period. If the last day of any such period falls on a Saturday or
Sunday, or any County legal holiday, such day shall be omitted from the computation, and the last
day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the
County's Project Manager, or designee..
18. Park vehicles and equipment in areas designated only by the County department and with prior
permission of the County's Project Manager, or designee.
19. Provide a complete report of the work completed, including, but not limited to the location, the
materials removed, the number of hours to perform the work, and the cost of the removal process.
In addition to work identified above, the Contractor may be used for the following type of service:
1. Clearing and Grubbing: Clear and grub within areas directed by the County's Project Manager, or
designee. Completely remove and dispose of all trees, brush, stumps, roots, boulders, rubbish, debris
and any other such protruding objects to a depth of twelve inches (12 ") below the ground surface.
2. Selective Clearinq and Grubbing: The Contractor shall remove and dispose of all vegetation,
obstructions, trees, brush, stumps, roots, boulders, rubbish, debris and any other such protruding
objects, where so elected by the County's Project Manager, or designee. The Contractor may cut
roots, and other such protruding objects, flush with the ground surface. The Contractor shall completely
remove and dispose of stumps and entirely remove undergrowth except in specific areas designated by
the County's Project Manager, or designee. The Contractor shall trim, protect, and leave standing
desirable trees, with the exception of such trees as the County's Project Manager, or designee may
designate to be removed in order to facilitate maintenance. The Contractor shall remove undesirable or
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damaged trees as designated by the County's Project Manager, or designee, and perform selective
clearing and grubbing only in areas designated by the County's Project Manager, or designee.
When work is required within fenced areas, it may be necessary to remove a portion of the fence to
gain access. Fence shall be restored immediately following completion of work described in the work
document. Cost of restoring the fence shall be included in the cost of clearing and grubbing per acre
with fence removal (all types),
Before beginning work, all damaged fence, fence posts and other appurtenances such as sign posts
and bases, delineator posts, guardrail or barrier walls, light poles, end walls, pipes, drainage structures,
poles, guys, landscape areas, etc., shall be reported to the County's Project Manager, or designee. Any
fence, fence post or other appurtenance found damaged after beginning work shall be deemed
damaged by the Contractor and shall be replaced at the Contractor's expense.
3. Tree and Bush Trimming and Removal: The work specified in this section consists of trimming trees,
the removal of undesired trees and brush, and the disposal of resulting waste and debris. Tree
trimming shall only be done by trained employees skilled in the operation of the mechanized equipment
used for this type of work. The type of trimming to be performed and the height and width of cut specific
to the trees to be trimmed shall be described by the County's Project Manager, or designee. Tree
trimming shall also consist of the removal of all dead, dying, diseased, decaying, interfering, suckering,
obstructive and weak branches, as well as selective thinning to lessen wind resistance.
The trim -line shall be held continuous throughout the work limits to give a neat, uniform appearance.
When applicable, all branches or limbs shall be cut perpendicular and flush to the branch collar and
shall be removed as to avoid splits or other unnecessary damage to the tree. All hangers and cut limbs
shall be removed from the trees. Climbers, gaffs or other climbing equipment that damages trees will
not be permitted.
4. Crown Reduction: Crown reduction shall consist of the reduction of tops, sides or individual limbs. The
technique for crown reduction involves the removal of parent limb(s) or dominant leader at the point of
attachment of a lateral branch. Topping and hat racking are not acceptable methods of crown
reduction. In no situation shall greater than one -third (1/3) of the existing tree area be removed in a
single operation. Effort should be made to cut back to a lateral at least one -third (1/3) to one -half (1/2)
the diameter of the parent limb or leader that is being removed.
5. Stump Grinding and Power Shearing: This section shall be governed by the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, current edition.
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Exhibit B —Price Schedule
Position
Hourly Rate
Professional staff (i.e. degreed
biologist or arborist)
$34 Per Hour
Project Manager
$25 Per Hour
Crew leader / supervisor
$20 Per Hour
Herbicide applicator
$14 Per Hour
Chain saw operator
$14 Per Hour
Other laborer
$10.50 Per Hour
This list is not intended to be all inclusive. Fees for other services and categories, including
equipment and materials, shall be mutually negotiated by the County and the Contractor as
needed for the Work.
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10/28/2014 16.D.9.
A G R E E M E N T 14-6332
for
Exotic Vegetation Removal
THIS AGREEMENT is made and entered into this day of , 2014, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Kevin L. Erwin Consulting Ecologist,
Inc., authorized to do business in the State of Florida, whose business address is 2077 Bayside
Parkway, Fort Myers, FL 33901 (hereinafter referred to as the "Contractor').
WITNESSETH:
COMMENCEMENT. The Contractor shall commence the work upon the issuance of a
Purchase Order. The contract shall be for a one (1) year period, commencing on November
12, 2014, and terminating November 11, 2015, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed or
terminated. This contract shall have three (3) additional, one (1) year renewals, renewable
annually. 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 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 not less than ten (10) days prior to the
end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed six (6) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for Exotic Vegetation Removal on an as- needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP # 14 -6332, Exhibit
A, Scope of Work, and the Contractor's proposal, which is incorporated by reference and made
an integral part of this Agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of
the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Parks & Recreation Department, any County
Department may use this contract provided sufficient funds are included in its budget. The
process for obtaining services under this Contract is as follows:
For work less than $50,000: the department may select one of the Contractor(s) on
contract, quote out the work among all Contractor(s) on contract, or competitively solicit for
new quotes.
For work greater than $50,000 and less than $200,000: the department may quote out work
among all the Contractor(s) on contract, or may conduct a separate new solicitation.
For work that may exceed $200,000: the department may quote out work among all the
Contractor(s) on contract and obtain approval from the Board of County commissioners, or
may conduct a separate new solicitation.
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In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion. Quotes may be
submitted as time and materials or lump sum.
This Agreement contains the entire understanding between the parties and any modifications ,sue
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County's
Project Manager or designee, in compliance with the County Purchasing Ordinance and
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to RFP # 14 -6332 per Exhibit
B Price Schedule, attached herein and incorporated by reference or subsequent quotes. Any
County Agency may utilize the services offered under this contract, provided sufficient funds
are included in the budget(s). This contract will be Purchase Order driven.
3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted seven (7) days after the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
Kevin L. Erwin Consulting Ecologist, Inc.
2077 Bayside Parkway
Fort Myers, FL 33901
Attention: Kevin L. Erwin, President/Principal Ecologist
Telephone: 239 - 337 -1505
Facsimile: 239 - 337 -5983
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
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 Service Agreement must be in writing.
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5. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all
permits necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the County.
Contractor is not responsible for paying for permits issued by Collier County, but is responsible
for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated
to pay for any permits obtained by Subcontractors. 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.
7. 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 Contract 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.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of 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 sole judge of non-
performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. 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 $500,000 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.
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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 $500,000 for each accident.
D. Pollution Coverage: Coverage shall have minimum limits of $1,000,000 Per Occurrence.
Special Reouirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to
the County in the event of cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner'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.
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If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
14. CHANGES IN THE WORK. Owner 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 itemized 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 Owner, and Owner shall not be liable to the Contractor for any increased
compensation without such modification. No officer, employee or agent of Owner is authorized
to direct any extra or changed work orally. Any modifications to this Contract shall be in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
15. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with 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) -(d) and (3)), ordinances).
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
17. 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 and ready for occupancy by Owner.
18.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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
Owner.
19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's
Proposal, and /or the County's Board approved Executive Summary, the Contract Documents
shall take precedence.
20. 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
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accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
21.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.
22. 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 Owner 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 Owner.
23. 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 Owner or Owner'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 Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written 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._
CA
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25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Parks & Recreation Department.
26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP # 14 -6332 any
addenda, and subsequent Quotations, made or issued pursuant to this Agreement.
27. 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 contract held by the individual
and /or firm for cause.
28. 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.
29. 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.
No markup shall be applied to sales tax.
30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the 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.
31. 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.
32.OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
33.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.
34. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
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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.
35. 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,
36. 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
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 Department Safety Manager and /or Safety Engineer.
* * * **'k * * * * * *** * * ****'" " ***** * *'t" ** Remainder of page intentionally left blank * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
iiia
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
In
Dated:
(Seal)
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to Form and Legality:
Assistant County Attorney QV
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Kevin L. Erwin Consulting Ecologist, Inc.
By:
Signature
Typed Signature
Title
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Exhibit A — Scope of Work
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10/28/2014 16.D.9.
Collier County owns many parcels of land that require, either by County ordinance or by federal /state
agreements, exotic vegetation removal and maintenance. The removal and maintenance of this vegetation
requires a large amount of labor, specialized knowledge of Southwest Florida plants, and training in the
use of pesticides and their application.
Detailed Scope of Work
The Contractor will provide services for the removal of exotic and other nuisance vegetation by manual and
mechanical methods including chemical and /or physical removal. Trees, bushes, and other vegetation
may be cut with machetes, chain saws, brush trimmers, etc. and /or treated with chemicals, or removed by
other methods depending on the requirements of the particular project and as directed by the County
department.
Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State
law, and the Contractor must provide and maintain all applicable licenses during the duration of the
contract.
Species to be removed during the duration of this contract include, but are not limited to:
Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC)
invasive species list.
Any other undesirable species as directed by the County's Project Manager, or designee.
Additionally, the Contractor shall:
1. Provide professional assistance determining the most effective methodology to remove exotic
vegetation.
2. Include in the quotes all labor, material, supervision, equipment, supplies, tools, services, disposal,
and all other incidentals required to perform all exotic and other undesirable vegetation treatment
and /or removal. There shall_ be no disposal of debris into waterways
3. Provide pricing quotes on each project as requested by the County's Project Manager, or designee.
The County may seek price quotes from one, or all, Contractors (as described in Section 2 of the
contract). Price quotes must include description of the project, location, description of the service to
be provided and cost. Contractors must be detailed as described by the County's Project Manager,
or designee, and Contractors' invoices be in accordance with this contract.
4. Coordinate with other selected Contractor's to complete the job as directed by the County's Project
Manager, or designee.
5. Provide the service so as not to damage or destroy native vegetation within the area of exotic
treatment. Due caution must be given to the surrounding habitat.
6. Minimize disturbance to surface area. Replace damaged native vegetation according to County
Code.
7. Provide equipment in good repair necessary to perform the described services in particular and the
equipment necessary to complete related tasks. In the event that additional equipment (i.e. crane,
bucket truck, ditch witch, etc.) is needed, the department must be notified in advance, for final
approval. The reimbursement of rental equipment expense shall be at cost, commencing when it
arrives at the service site. The County reserves the right to request documentation of the
Contractor's cost and to withhold payments until documentation is provided.
8. 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.
Collier County staff reserve the right to inspect and approve or deny the equipment from entering
the project site prior to the commencement of the project.
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9. Document pre - project existing conditions of adjacent private property by photographs, video or
other means at each work site, prior to commencement of any work, upon County's request.
10. Restore any damages caused by the completion of this project to the documented pre - project
condition. Should a damage dispute arise between an adjacent property owner, and the Contractor
subsequently disputes the claim, it is the Contractor's responsibility to provide pre - project existing
condition documentation.
11. Provide the County's Project Manager, or designee, with a written list of all herbicides, adjuvant,
and diluents and their mixing ratios.
12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the
current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within
the right -of -way and /or easements. All operations shall be in accordance with a Collier County's
Maintenance of Traffic Policy, #5807, Revised October 1, 2003, copies of which are available at:
http: / /portal.colliergov. net/ SiteDirectory /ASD /PurchasingNendors /Shared %20Documents /Forms /AII I
tems.aspx. A Maintenance of Traffic Plan shall be approved in writing by the Department rip or to
the start of the proiect. 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.
13. Inform the County's Project Manager, or designee, of work location and proposed schedule.
14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and
unsightly vegetation materials on a daily basis. Daily clean -up operation must include removal and
proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly
stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval
of County's Project Manager, or designee, to be determined in advance. Ruts made in the soil
must be removed by the Contractor.
15. Provide for a maximum of two (2) months, or less if directed by the County's Project Manager, or
designee, mortality evaluation period from the substantial completion date noted in any order
provided by the department to the Contractor. The Contractor shall demonstrate to the department
that all exotic vegetation on site has been exterminated to the complete satisfaction of the
department. Any re- growth of stumps or plants that were not eradicated shall be properly re- treated
by the Contractor at no additional expense to the department. Following this secondary re-
treatment, there shall be a one (1) month, or less if directed by the County's Project Manager, or
designee, mortality re- evaluation period to determine effectiveness of re- treatment.
16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day
and include the last day of such a period. If the last day of any such period falls on a Saturday or
Sunday, or any County legal holiday, such day shall be omitted from the computation, and the last
day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the
County's Project Manager, or designee..
18. Park vehicles and equipment in areas designated only by the County department and with prior
permission of the County's Project Manager, or designee.
19. Provide a complete report of the work completed, including, but not limited to the location, the
materials removed, the number of hours to perform the work, and the cost of the removal process.
In addition to work identified above, the Contractor may be used for the following type of service:
1. Clearing and Grubbing: Clear and grub within areas directed by the County's Project Manager, or
designee. Completely remove and dispose of all trees, brush, stumps, roots, boulders, rubbish, debris
and any other such protruding objects to a depth of twelve inches (12 ") below the ground surface.
2. Selective Clearing and Grubbing: The Contractor shall remove and dispose of all vegetation,
obstructions, trees, brush, stumps, roots, boulders, rubbish, debris and any other such protruding
objects, where so elected by the County's Project Manager, or designee. The Contractor may cut
roots, and other such protruding objects, flush with the ground surface. The Contractor shall completely
remove and dispose of stumps and entirely remove undergrowth except in specific areas designated by
the County's Project Manager, or designee. The Contractor shall trim, protect, and leave standing
desirable trees, with the exception of such trees as the County's Project Manager, or designee may
designate to be removed in order to facilitate maintenance. The Contractor shall remove undesirable or
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damaged trees as designated by the County's Project Manager, or designee, and perform selective
clearing and grubbing only in areas designated by the County's Project Manager, or designee.
When work is required within fenced areas, it may be necessary to remove a portion of the fence to
gain access. Fence shall be restored immediately following completion of work described in the work
document. Cost of restoring the fence shall be included in the cost of clearing and grubbing per acre
with fence removal (all types).
Before beginning work, all damaged fence, fence posts and other appurtenances such as sign posts
and bases, delineator posts, guardrail or barrier walls, light poles, end walls, pipes, drainage structures,
poles, guys, landscape areas, etc., shall be reported to the County's Project Manager, or designee. A�
fence, fence post or other appurtenance found damaged after beginning work shall be deemed
damaged by the Contractor and shall be replaced at the Contractor's expense
3. Tree and Bush Trimming and Removal: The work specified in this section consists of trimming trees,
the removal of undesired trees and brush, and the disposal of resulting waste and debris. Tree
trimming shall only be done by trained employees skilled in the operation of the mechanized equipment
used for this type of work. The type of trimming to be performed and the height and width of cut specific
to the trees to be trimmed shall be described by the County's Project Manager, or designee. Tree
trimming shall also consist of the removal of all dead, dying, diseased, decaying, interfering, suckering,
obstructive and weak branches, as well as selective thinning to lessen wind resistance.
The trim -line shall be held continuous throughout the work limits to give a neat, uniform appearance.
When applicable, all branches or limbs shall be cut perpendicular and flush to the branch collar and
shall be removed as to avoid splits or other unnecessary damage to the tree. All hangers and cut limbs
shall be removed from the trees. Climbers, gaffs or other climbing equipment that damages trees will
not be permitted.
4. Crown Reduction: Crown reduction shall consist of the reduction of tops, sides or individual limbs. The
technique for crown reduction involves the removal of parent limb(s) or dominant leader at the point of
attachment of a lateral branch. Topping and hat racking are not acceptable methods of crown
reduction. In no situation shall greater than one -third (1/3) of the existing tree area be removed in a
single operation. Effort should be made to cut back to a lateral at least one -third (1/3) to one - half (1/2)
the diameter of the parent limb or leader that is being removed.
5. Stump Grinding and Power Shearing: This section shall be governed by the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, current edition.
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Exhibit B —Price Schedule
Position
Hourly Rate
Professional staff (i.e. degreed
biologist or arborist)
$90 Per Hour
Project Manager
$90 Per Hour
Crew leader / supervisor
$55 Per Hour
Herbicide applicator
$30 Per Hour
Chain saw operator
$30 Per Hour
Other laborer
$25 Per Hour
This list is not intended to be all inclusive. Fees for other services and categories, including
equipment and materials, shall be mutually negotiated by the County and the Contractor as
needed for the Work.
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AGREEME NT14 -6332
for
Exotic Vegetation Removal
THIS AGREEMENT is made and entered into this day of , 2014, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner ") and Peninsula Improvement Corporation,
d /b /a Collier Environmental Services, authorized to do business in the State of Florida, whose
business address is 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as the
"Contractor").
WITNESSETH:
1. COMMENCEMENT. The Contractor shall commence the work upon the issuance of a
Purchase Order. The contract shall be for a one (1) year period, commencing on November
12, 2014, and terminating November 11, 2015, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed or
terminated. This contract shall have three (3) additional, one (1) year renewals, renewable
annually. 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 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 not less than ten (10) days prior to the
end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed six (6) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for Exotic Vegetation Removal on an as- needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP # 14 -6332, Exhibit
A Scope of Work, and the Contractor's proposal, which is incorporated by reference and made
an integral part of this Agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of
the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Parks & Recreation Department, any County
Department may use this contract provided sufficient funds are included in its budget. The
process for obtaining services under this Contract is as follows:
• For work less than $50,000: the department may select one of the Contractor(s) on
contract, quote out the work among all Contractor(s) on contract, or competitively solicit for
new quotes.
• For work greater than $50,000 and less than $200,000: the department may quote out work
among all the Contractor(s) on contract, or may conduct a separate new solicitation.
• For work that may exceed $200,000: the department may quote out work among all the
Contractor(s) on contract and obtain approval from the Board of County commissioners, or
may conduct a separate new solicitation.
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In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion. Quotes may be
submitted as time and materials or lump sum.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County's
Project Manager or designee, in compliance with the County Purchasing Ordinance and
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to RFP # 14 -6332 per Exhibit
B Price Schedule, attached herein and incorporated by reference or subsequent quotes. Any
County Agency may utilize the services offered under this contract, provided sufficient funds
are included in the budget(s). This contract will be Purchase Order driven.
3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted seven (7) days after the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
Peninsula Improvement Corporation
d /b /a Collier Environmental Services
2600 Golden Gate Parkway
Naples, Florida 34105
Attention: David B. Genson, Vice President
Telephone: 239 - 262 -2600
Facsimile: 239 - 261 -1797
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
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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 Service Agreement must be in writing.
5. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all
permits necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the County.
Contractor is not responsible for paying for permits issued by Collier County, but is responsible
for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated
to pay for any permits obtained by Subcontractors. 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.
7. 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 Contract 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.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of 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 sole judge of non-
performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. 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 $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
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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 $500,000 for each accident.
D. Pollution Coverage: Coverage shall have minimum limits of $1,000,000 Per Occurrence.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to
the County in the event of cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner'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
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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, Owner may, after three (3) '
days written notice, rectify the same at Contractor's expense.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
14. CHANGES IN THE WORK. Owner 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 itemized 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 Owner, and Owner shall not be liable to the Contractor for any increased
compensation without such modification. No officer, employee or agent of Owner is authorized
to direct any extra or changed work orally. Any modifications to this Contract shall be in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
15. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with 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) -(d) and (3)), ordinances).
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
17. 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 and ready for occupancy by Owner.
18.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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
Owner.
19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's
Proposal, and /or the County's Board approved Executive Summary, the Contract Documents
shall take precedence.
20. 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
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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.
21.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.
22. 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 Owner 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 Owner.
23. 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 Owner or Owner'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 Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written 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.
CA
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25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Parks & Recreation Department.
26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP # 14 -6332 any
addenda and subsequent Quotations, made or issued pursuant to this Agreement.
27. 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 contract held by the individual
and /or firm for cause.
28. 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.
29. 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.
No markup shall be applied to sales tax.
30.IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the 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.
31. 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.
32.OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
33.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.
34. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
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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.
35. 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.
36. 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
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 Department Safety Manager and /or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to Form and Legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Peninsula Improvement Corporation, d /b /a
Collier Environmental Services
By:
Signature
Typed Signature
Title
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Exhibit A - Scope of Work
Background
10/28/2014 16.D.9.
Collier County owns many parcels of land that require, either by County ordinance or by federal/state
agreements, exotic vegetation removal and maintenance. The removal and maintenance of this vegetation
requires a large amount of labor, specialized knowledge of Southwest Florida plants, and training in the
use of pesticides and their application.
Detailed Scope of Work
The Contractor will provide services for the removal of exotic and other nuisance vegetation by manual and
mechanical methods including chemical and /or physical removal. Trees, bushes, and other vegetation
may be cut with machetes, chain saws, brush trimmers, etc. and /or treated with chemicals, or removed by
other methods depending on the requirements of the particular project and as directed by the County
department.
Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State
law, and the Contractor must provide and maintain all applicable licenses during the duration of the
contract.
Species to be removed during the duration of this contract include, but are not limited to:
Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC)
invasive species list.
Any other undesirable species as directed by the County's Project Manager, or designee.
Additionally, the Contractor shall:
1. Provide professional assistance determining the most effective methodology to remove exotic
vegetation.
2. Include in the quotes all labor, material, supervision, equipment, supplies, tools, services, disposal,
and all other incidentals required to perform all exotic and other undesirable vegetation treatment
and /or removal. There shall be no disposal of debris into waterways.
3. Provide pricing quotes on each project as requested by the County's Project Manager, or designee.
The County may seek price quotes from one, or all, Contractors (as described in Section 2 of the
contract). Price quotes must include description of the project, location, description of the service to
be provided and cost. Contractors must be detailed as described by the County's Project Manager,
or designee, and Contractors' invoices be in accordance with this contract.
4. Coordinate with other selected Contractor's to complete the job as directed by the County's Project
Manager, or designee.
5. Provide the service so as not to damage or destroy native vegetation within the area of exotic
treatment. Due caution must be given to the surrounding habitat.
6. Minimize disturbance to surface area. Replace damaged native vegetation according to County
Code.
7. Provide equipment in good repair necessary to perform the described services in particular and the
equipment necessary to complete related tasks. In the event that additional equipment (i.e. crane,
bucket truck, ditch witch, etc.) is needed, the department must be notified in advance, for final
approval. The reimbursement of rental equipment expense shall be at cost, commencing when it
arrives at the service site. The County reserves the right to request documentation of the
Contractor's cost and to withhold payments until documentation is provided.
8. 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.
Collier County staff reserve the right to inspect and approve or deny the equipment from entering
the project site prior to the commencement of the project.
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9. Document pre - project existing conditions of adjacent private property by photographs, video or
other means at each work site, prior to commencement of any work, upon County's request.
10. Restore any damages caused by the completion of this project to the documented pre - project.
condition. Should a damage dispute arise between an adjacent property owner, and the Contractor
subsequently disputes the claim, it is the Contractor's responsibility to provide pre - project existing
condition documentation.
11. Provide the County's Project Manager, or designee, with a written list of all herbicides, adjuvant,
and diluents and their mixing ratios.
12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the
current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within
the right -of -way and/or easements. All operations shall be in accordance with a Collier County's
Maintenance of Traffic Policy, #5807, Revised October 1, 2003, copies of which are available at:
http: / /portal.collieroov. net/ SiteDirectory/ASD /PurchasingNendors/ Shared %20Documents /Forms /Alli
tems.aspx. A Maintenance of Traffic Plan shall be approved in writing by the Department rip or to
the start of the project. 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.
13. Inform the County's Project Manager, or designee, of work location and proposed schedule.
14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and
unsightly vegetation materials on a daily basis. Daily clean -up operation must include removal and
proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly
stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval
of County's Project Manager, or designee, to be determined in advance. Ruts made in the soil
must be removed by the Contractor.
15. Provide for a maximum of two (2) months, or less if directed by the County's Project Manager, or
designee, mortality evaluation period from the substantial completion date noted in any order
provided by the department to the Contractor. The Contractor shall demonstrate to the department
that all exotic vegetation on site has been exterminated to the complete satisfaction of the ,
department. Any re- growth of stumps or plants that were not eradicated shall be properly re- treated
by the Contractor at no additional expense to the department. Following this secondary re-
treatment, there shall be a one (1) month, or less if directed by the County's Project Manager, or
designee, mortality re- evaluation period to determine effectiveness of re- treatment.
16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day
and include the last day of such a period. If the last day of any such period falls on a Saturday or
Sunday, or any County legal holiday, such day shall be omitted from the computation, and the last
day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the
County's Project Manager, or designee..
18. Park vehicles and equipment in areas designated only by the County department and with prior
permission of the County's Project Manager, or designee.
19. Provide a complete report of the work completed, including, but not limited to the location, the
materials removed, the number of hours to perform the work, and the cost of the removal process.
In addition to work identified above, the Contractor may be used for the following type of service:
1. Clearing and Grubbing: Clear and grub within areas directed by the County's Project Manager, or
designee. Completely remove and dispose of all trees, brush, stumps, roots, boulders, rubbish, debris
and any other such protruding objects to a depth of twelve inches (12 ") below the ground surface.
2. Selective Clearing and Grubbing: The Contractor shall remove and dispose of all vegetation,
obstructions, trees, brush, stumps, roots, boulders, rubbish, debris and any other such protruding
objects, where so elected by the County's Project Manager, or designee. The Contractor may cut
roots, and other such protruding objects, flush with the ground surface. The Contractor shall completely
remove and dispose of stumps and entirely remove undergrowth except in specific areas designated by
the County's Project Manager, or designee. The Contractor shall trim, protect, and leave standing
desirable trees, with the exception of such trees as the County's Project Manager, or designee may
designate to be removed in order to facilitate maintenance. The Contractor shall remove undesirable or
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damaged trees as designated by the County's Project Manager, or designee, and perform selective
clearing and grubbing only in areas designated by the County's Project Manager, or designee.
When work is required within fenced areas, it may be necessary to remove a portion of the fence to
gain access. Fence shall be restored immediately following completion of work described in the work
document. Cost of restoring the fence shall be included in the cost of clearing and grubbing per acre
with fence removal (all types).
Before beginning work, all damaged fence, fence posts and other appurtenances such as sign posts
and bases, delineator posts, guardrail or barrier walls, light poles, end walls, pipes, drainage structures,
poles, guys, landscape areas, etc., shall be reported to the County's Project Manager, or designee. Any
fence fence post or other appurtenance found damaged after beginning work shall be deemed
damaged by the Contractor and shall be replaced at the Contractor's expense.
3. Tree and Bush Trimminq and Removal: The work specified in this section consists of trimming trees,
the removal of undesired trees and brush, and the disposal of resulting waste and debris. Tree
trimming shall only be done by trained employees skilled in the operation of the mechanized equipment
used for this type of work. The type of trimming to be performed and the height and width of cut specific
to the trees to be trimmed shall be described by the County's Project Manager, or designee. Tree
trimming shall also consist of the removal of all dead, dying, diseased, decaying, interfering, suckering,
obstructive and weak branches, as well as selective thinning to lessen wind resistance.
The trim -line shall be held continuous throughout the work limits to give a neat, uniform appearance.
When applicable, all branches or limbs shall be cut perpendicular and flush to the branch collar and
shall be removed as to avoid splits or other unnecessary damage to the tree. All hangers and cut limbs
shall be removed from the trees. Climbers, gaffs or other climbing equipment that damages trees will
not be permitted.
4. Crown Reduction: Crown reduction shall consist of the reduction of tops, sides or individual limbs. The
technique for crown reduction involves the removal of parent limb(s) or dominant leader at the point of
attachment of a lateral branch. Topping and hat racking are not acceptable methods of crown
reduction. In no situation shall greater than one -third (1/3) of the existing tree area be removed in a
single operation. Effort should be made to cut back to a lateral at least one -third (1/3) to one -half (1/2)
the diameter of the parent limb or leader that is being removed.
5. Stump Grinding and Power Shearing: This section shall be governed by the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, current edition.
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Exhibit B —Price Schedule
Position
Hourly Rate
Professional staff (i.e. degreed
biologist or arborist)
$125 Per Hour
Project Manager
$75 Per Hour
Crew leader / supervisor
$40 Per Hour
Herbicide applicator
$20 Per Hour
Chain saw operator
$20 Per Hour
Other laborer
$16 Per Hour
This list is not intended to be all inclusive. Fees for other services and categories, including
equipment and materials, shall be mutually negotiated by the County and the Contractor as
needed for the Work.
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A G R E E M E N T 14-6332
for
Exotic Vegetation Removal
THIS AGREEMENT is made and entered into this day of , 2014, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Sandhill Environmental Services,
LLC, authorized to do business in the State of Florida, whose business address is 5980 SE County
Road 760, Arcadia, FL 34266 (hereinafter referred to as the "Contractor ").
WITNESSETH:
COMMENCEMENT. The Contractor shall commence the work upon the issuance of a
Purchase Order. The contract shall be for a one (1) year period, commencing on November
12, 2014, and terminating November 11, 2015, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed or
terminated. This contract shall have three (3) additional, one (1) year renewals, renewable
annually. 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 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 not less than ten (10) days prior to the
end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed six (6) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for Exotic Vegetation Removal on an as- needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP # 14 -6332, Exhibit
A, Scope of Work, and the Contractor's proposal, which is incorporated by reference and made
an integral part of this Agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of
the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Parks & Recreation Department, any County
Department may use this contract provided sufficient funds are included in its budget. The
process for obtaining services under this Contract is as follows:
• For work less than $50,000: the department may select one of the Contractor(s) on
contract, quote out the work among all Contractor(s) on contract, or competitively solicit for
new quotes.
• For work greater than $50,000 and less than $200,000: the department may quote out work
among all the Contractor(s) on contract, or may conduct a separate new solicitation.
• For work that may exceed $200,000: the department may quote out work among all the
Contractor(s) on contract and obtain approval from the Board of County commissioners, or
may conduct a separate new solicitation.
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In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion. Quotes may be
submitted as time and materials or lump sum.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County's
Project Manager or designee, in compliance with the County Purchasing Ordinance and
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to RFP # 14 -6332 per Exhibit
B Price Schedule, attached herein and incorporated by reference or subsequent quotes. Any
County Agency may utilize the services offered under this contract, provided sufficient funds
are included in the budget(s). This contract will be Purchase Order driven.
3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted seven (7) days after the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record: - -
Sandhill Environmental Services, LLC
5980 SE County Road 760
Arcadia, FL. 34266
Attention: Mitchell Moore, Estimator
Telephone: 863 -494 -9737
Facsimile: 863 -494 -1364
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
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 Service Agreement must be in writing.
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5. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all
permits necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the County.
Contractor is not responsible for paying for permits issued by Collier County, but is responsible
for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated
to pay for any permits obtained by Subcontractors. 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.
7. 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 Contract 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.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of 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 sole judge of non-
performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liabillty: 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 $500,000 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.
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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 $500,000 for each accident.
D. Pollution Coverage: Coverage shall have minimum limits of $1,000,000 Per Occurrence.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to
the County in the event of cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner'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.
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If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
14. CHANGES IN THE WORK. Owner 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 itemized 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 Owner, and Owner shall not be liable to the Contractor for any increased
compensation without such modification. No officer, employee or agent of Owner is authorized
to direct any extra or changed work orally. Any modifications to this Contract shall be in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
15. ADDITIONAL ITEMS /SERVICES. Additional items and/or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with 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) -(d) and (3)), ordinances).
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
17. 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 and ready for occupancy by Owner.
18.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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
Owner.
19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's
Proposal, and /or the County's Board approved Executive Summary, the Contract Documents
shall take precedence.
20. 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
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accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
21.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.
22. 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 Owner 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 Owner.
23. 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 Owner or Owner'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 ., e
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 Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written 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.
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25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Parks & Recreation Department.
26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP # 14 -6332 any
addenda, and subsequent Quotations, made or issued pursuant to this Agreement.
27. 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 contract held by the individual
and /or firm for cause.
28. 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.
29. 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.
No markup shall be applied to sales tax.
30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the 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.
31. 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.
32.OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
33.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.
34. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
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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 themAMOk
available to the County for at least four (4) years.
35. 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.
36. 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
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 Department Safety Manager and /or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(Seal)
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to Form and Legali
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Sandhill Environmental Services, LLC
By:
Signature
Typed Signature
Title
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0
Exhibit A — Scope of Work
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10/28/2014 16.D.9.
Collier County owns many parcels of land that require, either by County ordinance or by federal /state
agreements, exotic vegetation removal and maintenance. The removal and maintenance of this vegetation
requires a large amount of labor, specialized knowledge of Southwest Florida plants, and training in the
use of pesticides and their application.
Detailed Scope of Work
The Contractor will provide services for the removal of exotic and other nuisance vegetation by manual and
mechanical methods including chemical and /or physical removal. Trees, bushes, and other vegetation
may be cut with machetes, chain saws, brush trimmers, etc. and /or treated with chemicals, or removed by
other methods depending on the requirements of the particular project and as directed by the County
department.
Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State
law, and the Contractor must provide and maintain all applicable licenses during the duration of the
contract.
Species to be removed during the duration of this contract include, but are not limited to:
• Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC)
invasive species list.
• Any other undesirable species as directed by the County's Project Manager, or designee.
Additionally, the Contractor shall:
1. Provide professional assistance determining the most effective methodology to remove exotic
vegetation.
2. Include in the quotes all labor, material, supervision, equipment, supplies, tools, services, disposal,
and all other incidentals required to perform all exotic and other undesirable vegetation treatment
and /or removal. There shall be no disposal of debris into waterways
3. Provide pricing quotes on each project as requested by the County's Project Manager, or designee.
The County may seek price quotes from one, or all, Contractors (as described in Section 2 of the
contract). Price quotes must include description of the project, location, description of the service to
be provided and cost. Contractors must be detailed as described by the County's Project Manager,
or designee, and Contractors' invoices be in accordance with this contract.
4. Coordinate with other selected Contractor's to complete the job as directed by the County's Project
Manager, or designee.
5. Provide the service so as not to damage or destroy native vegetation within the area of exotic
treatment. Due caution must be given to the surrounding habitat.
6. Minimize disturbance to surface area. Replace damaged native vegetation according to County
Code.
7. Provide equipment in good repair necessary to perform the described services in particular and the
equipment necessary to complete related tasks. In the event that additional equipment (i.e. crane,
bucket truck, ditch witch, etc.) is needed, the department must be notified in advance, for final
approval. The reimbursement of rental equipment expense shall be at cost, commencing when it
arrives at the service site. The County reserves the right to request documentation of the
Contractor's cost and to withhold payments until documentation is provided.
8. 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.
Collier County staff reserve the right to inspect and approve or deny the equipment from entering
the project site prior to the commencement of the project.
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9. Document pre - project existing conditions of adjacent private property by photographs, video or
other means at each work site, prior to commencement of any work, upon County's request.
10. Restore any damages caused by the completion of this project to the documented pre - project
condition. Should a damage dispute arise between an adjacent property owner, and the Contractor
subsequently disputes the claim, it is the Contractor's responsibility to provide pre - project existing
condition documentation.
11. Provide the County's Project Manager, or designee, with a written list of all herbicides, adjuvant,
and diluents and their mixing ratios.
12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the
current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within
the right -of -way and /or easements. All operations shall be in accordance with a Collier County's
Maintenance of Traffic Policy, #5807, Revised October 1, 2003, copies of which are available at:
http: / /Portal.collieraov. net/ SiteDirectory/ASD /PurchasingNendors/ Shared %20Documents /Forms /AIII
tems.aspx. A Maintenance of Traffic Plan shall be approved in writing by the Department rip or to
the start of the project. 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.
13. Inform the County's Project Manager, or designee, of work location and proposed schedule.
14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and
unsightly vegetation materials on a daily basis. Daily clean -up operation must include removal and
proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly
stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval
of County's Project Manager, or designee, to be determined in advance. Ruts made in the soil
must be removed by the Contractor.
15. Provide for a maximum of two (2) months, or less if directed by the County's Project Manager, or
designee, mortality evaluation period from the substantial completion date noted in any order
provided by the department to the Contractor. The Contractor shall demonstrate to the department
that all exotic vegetation on site has been exterminated to the complete satisfaction of the
department. Any re- growth of stumps or plants that were not eradicated shall be properly re- treated
by the Contractor at no additional expense to the department. Following this secondary re-
treatment, there shall be a one (1) month, or less if directed by the County's Project Manager, or
designee, mortality re- evaluation period to determine effectiveness of re- treatment.
16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day
and include the last day of such a period. If the last day of any such period falls on a Saturday or
Sunday, or any County legal holiday, such day shall be omitted from the computation, and the last
day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the
County's Project Manager, or designee..
18. Park vehicles and equipment in areas designated only by the County department and with prior
permission of the County's Project Manager, or designee.
19. Provide a complete report of the work completed, including, but not limited to the location, the
materials removed, the number of hours to perform the worts, and the cost of the removal process.
In addition to work identified above, the Contractor may be used for the following type of service:
1. Clearing and Grubbing: Clear and grub within areas directed by the County's Project Manager, or
designee. Completely remove and dispose of all trees, brush, stumps, roots, boulders, rubbish, debris
and any other such protruding objects to a depth of twelve inches (12 ") below the ground surface.
2. Selective Clearing and Grubbing: The Contractor shall remove and dispose of all vegetation,
obstructions, trees, brush, stumps, roots, boulders, rubbish, debris and any other such protruding
objects, where so elected by the County's Project Manager, or designee. The Contractor may cut
roots, and other such protruding objects, flush with the ground surface. The Contractor shall completely
remove and dispose of stumps and entirely remove undergrowth except in specific areas designated by
the County's Project Manager, or designee. The Contractor shall trim, protect, and leave standing
desirable trees, with the exception of such trees as the County's Project Manager, or designee may
designate to be removed in order to facilitate maintenance. The Contractor shall remove undesirable or
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10/28/2014 16.D.9.
damaged trees as designated by the County's Project Manager, or designee, and perform selective
clearing and grubbing only in areas designated by the County's Project Manager, or designee.
When work is required within fenced areas, it may be necessary to remove a portion of the fence tc
gain access. Fence shall be restored immediately following completion of work described in the work
document. Cost of restoring the fence shall be included in the cost of clearing and grubbing per acre
with fence removal (all types).
Before beginning work, all damaged fence, fence posts and other appurtenances such as sign posts
and bases, delineator posts, guardrail or barrier walls, light poles, end walls, pipes, drainage structures,
poles, guys, landscape areas, etc., shall be reported to the County's Project Manager, or designee. Any
fence, fence post or other appurtenance found damaged after beginning work shall be deemed
damaged by the Contractor and shall be replaced at the Contractor's expense
3. Tree and Bush Trimming and Removal: The work specified in this section consists of trimming trees,
the removal of undesired trees and brush, and the disposal of resulting waste and debris. Tree
trimming shall only be done by trained employees skilled in the operation of the mechanized equipment
used for this type of work. The type of trimming to be performed and the height and width of cut specific
to the trees to be trimmed shall be described by the County's Project Manager, or designee. Tree
trimming shall also consist of the removal of all dead, dying, diseased, decaying, interfering, suckering,
obstructive and weak branches, as well as selective thinning to lessen wind resistance.
The trim -line shall be held continuous throughout the work limits to give a neat, uniform appearance
When applicable, all branches or limbs shall be cut perpendicular and flush to the branch collar and
shall be removed as to avoid splits or other unnecessary damage to the tree. All hangers and cut limbs
shall be removed from the trees. Climbers, gaffs or other climbing equipment that damages trees will
not be permitted.
4. Crown Reduction: Crown reduction shall consist of the reduction of tops, sides or individual limbs. The
technique for crown reduction involves the removal of parent limb(s) or dominant leader at the point of
attachment of a lateral branch. Topping and hat racking are not acceptable methods of crown
reduction. In no situation shall greater than one -third (1/3) of the existing tree area be removed in a
single operation. Effort should be made to cut back to a lateral at least one -third (1/3) to one -half (1/2)
the diameter of the parent limb or leader that is being removed.
5. Stump Grinding and Power Shearing: This section shall be governed by the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, current edition.
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10/28/2014 16.D.9.
Exhibit B —Price Schedule
Position
Hourly Rate
Professional staff (i.e. degreed
biologist or arborist)
$75 Per Hour
Project Manager
$75 Per Hour
Crew leader / supervisor
$50 Per Hour
Herbicide applicator
$50 Per Hour
Chain saw operator
$35 Per Hour
Other laborer
$30 Per Hour
This list is not intended to be all inclusive. Fees for other services and categories, including
equipment and materials, shall be mutually negotiated by the County and the Contractor as
needed for the Work.
2
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10/28/2014 16.D.9.
REQUEST FOR PROPOSAL
L7q--�7
r
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
14 -6332
"Exotic Vegetation Removal"
Ewelina Dendroulakis, Procurement Strategist
Ewel inaDendroulakis @colliergov.net, Email Address
(239) 252 -8929, Telephone Number
(239) 252 -6446, FAX Number
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
Purdue m Dmpalneo • 3327 TamLwn Trap Easl • Na OK Florida 341124901 • www.coH0r9or.neVpurdk -j§n® owftls
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10/28/2014 16.D.9.
Table of Contents
LEGALNOTICE ..................................................................................................................................... ..............................3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................. ..............................4
EXHIBIT II: GENERAL RFP INSTRUCTIONS ........................................................................................... .............................13
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ...................................... .............................17
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ............................................................. .............................21
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ................................................................. .............................30
ATTACHMENT 2: VENDOR CHECK LIST ............................................................................................... .............................31
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT .......................................................................... .............................32
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ...................................................................... .............................33
ATTACHMENTS: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ...................................... .............................35
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION .............................................................. .............................36
ATTACHMENT 7: VENDOR SUBSTITUTE W — 9 .................................................................................... .............................37
ATTACHMENTS: INSURANCE AND BONDING REQUIREMENTS .......................................................... .............................38
ATTACHMENT 9: REFERENCE QUESTIONNAIRE .................................................................................. .............................40
14 -6332
RFP Non_CCNATemplate 04152014
2
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