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Agenda 12/11/2012 Item #16A2712/11/2012 Item 16.A.27. EXECUTIVE SUMMARY Recommendation to authorize the cooperative purchase of Ground Application Services for Aquatics, Wetland and Terrestrial Vegetation Control from Applied Aquatics in the estimated annual amount of $300,000, utilizing the South Florida Water Management District Contract No. 46000002497. OBJECTIVE: To ensure the sustained compliant operation of Collier County's Road and Bridge Maintenance Fertilization, Herbicide and Chemical spraying of the County maintained swales and retention ponds. CONSIDERATIONS: Section XIV(B) of the Collier County Purchasing Policy, Standardization, Cooperative Purchasing and Governmental Contracts, authorizes the county to enter into cooperative purchasing ventures with other units of government when it is in the best interest of Collier County. The State of Florida has a number of existing standardized term contracts that are authorized for use by County governments. The State's contracts offer public agencies products and services with firm fixed pricing and terms and conditions competitively negotiated by the State of Florida's Purchasing Department. The State's South Florida Water Management District ( "SFWMD ") Contract No. 46000002497 was competitively solicited by the SFWMD on April 18, 2011, and includes competitive prices that will inure to the benefit of Collier County. Staff recommends the use of SFWMD Contract No. 46000002497 to procure the herbicide and chemical spraying of County maintained swales and retention ponds. The Interim Purchasing Director has determined, per the above - referenced Purchasing Policy section that the prices solicited by the SFWMD for its Contract is competitive in the market and includes terms favorable to the County with respect to pricing, shipping, service and warranties. The Department of Road and Bridge Maintenance estimates an annual expenditure of $300,000 on the contract. FISCAL IMPACT: Funds in the amount of $300,000 are available in Growth Management Transportation Services Fund (101). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: That the Board of County Commissioners authorizes the cooperative purchase of goods and services utilizing SFWMD Contract 46000002497, in the amount not to exceed $300,000 per fiscal year. Packet Page -2549- 12/11/2012 Item 16.A.27. Prepared By: Travis Gossard, Superintendent Road and Bridge Maintenance, Growth Management Division Attachments: 1) SFWMD Contract; 2) Final Scoring Sheet; 3) Cooperative Government/Consortium Agreement ( "Piggyback ") Packet Page -2550- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.27. 12/11/2012 Item 16.A.27. Item Summary: Recommendation to authorize the cooperative purchase of Ground Application Services for Aquatics, Wetland and Terrestrial Vegetation Control from Applied Aquatics in the estimated annual amount of $300,000, utilizing the South Florida Water Management District Contract No. 46000002497. Meeting Date: 12/11/2012 Prepared By Name: LynchDiane Title: Administrative Assistant 11/13/2012 9:25:27 AM Approved By Name: NauthRookmin Title: Management/Budget Analyst,Transportation Administr Date: 11/13/2012 1:06:40 PM Name: GossardTravis Title: Superintedent - Roads & Bridges,Transportation Eng Date: 11/13/2012 1:40:58 PM Name: BrilhartBrenda Title: Purchasing Agent,Purchasing & General Services Date: 11/13/2012 1:46:36 PM Name: ShueGene Date: 11/15/2012 9:10:44 AM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 11/15/2012 10:41:50 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 11/16/2012 6:59:50 AM Packet Page -2551- Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 11/16/2012 1:12:51 PM 12/11/2012 Item 16.A.27. Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/16/2012 3:18:18 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 11/19/2012 4:38:05 PM Name: KlatzkowJeff Title: County Attorney Date: 11/20/2012 1:22:42 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/29/2012 12:26:03 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/29/2012 2:37:58 PM Packet Page -2552- 0%M0 a^L1 n & a o 12/11/2012 Item 16.A.27. SOUTH FLORIDA WATER MANAGEMENT DISTRICT CONTRACT THE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence. DISTRICT (hereinafter referred to as DISTRICT) HEREBY 46000002497 ENTERS INTO THIS CONTRACT WITH: SBE PARTICIPATION: 25% Name: APPLIED AQUATIC MANAGEMENT, INC. Address: P.O. Box 2469 Eagle Lake, FL 33839 -1469 Project Manager: PJ Myers Telephone No: (863) 533 -8882 Email: jmyers43 @tampbay.rr.com Fax No: (863) 534 -3322 Hereinafter referred to as: CONTRACTOR PROJECT TITLE: GROUND APPLICATION SERVICES FOR AQUATIC, WETLAND AND TERRESTRIAL VEGETATION CONTROL The following Exhibits are attached hereto and made a part of this CONTRACT: Exhibit "A" - Special Provisions Exhibit "H" - Insurance Requirements Exhibit "B" - General Terms and Conditions Exhibit "I" - Sample Work Order Exhibit "C" - Statement of Work Exhibit "J" - Not Applicable Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable Exhibit "E" - SBE Utilization Report Exhibit "L" - Rate Schedule Exhibit "F" - Final SBE Utilization Report Exhibit "M" - Not Applicable Exhibit "G" - Not Applicable Exhibit "N' - Not Applicable TOTAL CONTRACT AMOUNT: $50,000,000.00 CONTRACT TYPE: Work Order Multi -Year Funding (If Applicable) Fiscal fear: Oct. 1, 2011 - Sept. 30, 2012 $10,000,000.00* Fiscal Year: Oct. 1, 2014 -Sept. 30, 2015 $10,000,000.00* Fiscal Year: Oct. 1, 2012 - Sept. 30, 2013 $10,000,000.00* Fiscal Year: Oct. 1, 2015 - Sept. 30, 2016 $10,000,000.00* Fiscal Year: Oct. 1, 2013 - Sept. 30, 2014 $10,000,00().00* Fiscal Year: *Subject to District Governing Board Annual Budget Approval CONTRACT TERM: 3 vears w/2 one-year renewal options EFFECTIVE DATE: October 1 2011 District Project Manager: Ellen Donlan District Contract Specialist: Donna Lavery Telephone No: (561) 682 -6130 Telephone No.: (561) 682 -6420 Email: edonlan@sfwmd.gov Email: diavery@sfwmd.gov SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE CONTRACTOR AT: South Florida Water Management District Attention: Procurement Bureau- Notices APPLIED AQUATIC MANAGEMENT, INC. 3301 Gun Club Road P.O. Box 2469 West Palm Beach, Florida 33406 Eagle Lake, FL 33839 -1469 Attention: Accounts Payable - Invoices P.O. Box 24682 Attention: PJ Myers West Palm Beach, FL 33416 -4682 IN WITNESS WHEREOF, the authorized representative hereby executes this CONTRACT on this date, and accepts all Terms and Conditions under which it is issued. APPLIED AQU IC MA AGEMENT, INC. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Accepted By: Z: (�L(/ Signature of uthorized Representative A radshaw��roeurement Bureau Chief 1 / ( Title:V 1'Ce YSEL Ay: Date: 6 • 30 t) ROVED Y • Date: APPROVED pryin Date: g •,�3, r Packet Page -2553- 12/11/2012 Item 16.A.27. EXHIBIT "A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and /or additions to the Exhibit "B" General Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this Contract, this Exhibit "A" shall take precedence. 2. The following is hereby added as a new Article 1.11: "The term of this CONTRACT shall be three (3) years from the last date of execution by the parties with two one -year renewal periods to be exercised solely at the option of the DISTRICT. If exercised, such renewals to this CONTRACT shall be authorized through duly executed amendment(s) to this CONTRACT and shall be contingent upon satisfactory performance evaluations as determined by the DISTRICT and shall be further subject to the availabilit), of funds. c rrtg,far each bpt cirial dnev�al,peraod chap e as etdori ,an alsibtt "L" " Article 1.13 is hereby added: "The CONTRACTOR agrees to comply with the applicable flowdown provisions of the DISTRICT'S agreements with the Florida Department of Environmental Protection (Department) for services performed in conjunction with Exhibit "C" Statement of Work. The flowdown provisions are set forth under agreements executed between the DISTRICT and the Florida Fish and Wildlife Conservation Commission. Applicable provisions of these agreements are as follows: 1.13.1 "The CONTRACTOR shall maintain books, records and documents directly pertinent to performance under this CONTRACT in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representative shall have access to such records for audit purposes during the term of this CONTRACT and for three years following CONTRACT completion. In the event any work is subcontracted, the CONTRACTOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes." 1,13 .2 "The CONTRACTOR shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this CONTRACT. The CONTRACTOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulation. The CONTRACTOR further agrees to include this provision in all subcontracts issued as a result of this CONTRACT." Article 1.14 is hereby added as follows: "The CONTRACTOR shall be required to maintain a minimum of three (3) Ground Crew Supervisors for this contract. Each Ground Crew Supervisor shall possess and maintain a valid Florida Department of Agriculture and Consumer Services certification in the Aquatics and/or Natural Areas categories." The following is hereby added as Article 1.15: "In the event of a herbicide spill by the CONTRACTOR, the CONTRACTOR shall be the sole responsible party for reporting reportable quantities to the Florida Department of Environmental Protection and is liable for all damages and site remediation whether herbicide is provided by the CONTRACTOR or the DISTRICT." A new Article 2. 1.1 is hereby added as follows: "Multiple contracts have been awarded for the services to be provided under this CONTRACT, as stated on the CONTRACT cover page and Exhibit "C ". The DISTRICT does not guarantee or represent that any minimum number of Work Orders for any dollar amount will be issued as a result of this CONTRACT. The "Total Contract Amount" stated on the cover page of this CONTRACT represents funding that may be used among the multiple CONTRACTS awarded by the DISTRICT's Governing Board and in no way represents the amount to be paid under this CONTRACT through any Work Order(s) that may be issued throughout the CONTRACT term." Page 1 of 2, Exhibit "A ", Contract No. 4600002497 Packet Page -2554- 12/11/2012 Item 16.A.27. Article 5.1 is hereby revised by the addition of paragraph 3 as follows: "For services performed on the following properties located adjacent to the Pennsuco wetlands, the CONTRACTOR agrees to defend, indemnify, and pay on behalf, save and hold the following entities harmless from all damages arising in connection with this CONTRACT." a. Cemex Constructions Materials Florida, LLC ( "Cemex ") b. Florida Rock Industries, Inc. dba, Vulcan Materials Company, Florida Rock Division, ( "Florida Rock ") c. Oldcastle Southern Group, Inc., dba APAC Southeast, Inc. (APAC ") d. Tarmac American LLC ("Tarmac") 8. Article 5.2 (a) is hereby added as follows: 115.2 (a) For services performed on the properties listed above, the CONTRACTOR shall identify the entities as an additional insured on all insurance policies required by the DISTRICT and shall provide Certificates of Insurance evidencing such coverage to the following, with a copy of the DISTRICT, prior to entering the property: a. Vice President - Aggregates c. Mr. Dennis McClelland Cemex Construction Materials Florida, LLC APAC Southeast, Inc. 1501 Belvedere Road 144542 nd Street N.W. West Palm Beach, FL 33401 Winter Haven, FL 33881 b. Mr. Kenny Knowles d. Ms. Cindy Burns Florida Rock Industries, Inc. Tarmac American LLC 12201 N.W. 25" Street 255 Fairway Drive, Suite 200 Miami, FL 33182 Deerfield Beach, FL 33441" 9. The following is hereby added as Article 8.1.1: "The CONTRACTOR shall follow all Federal, State and local regulations governing the application, transportation, storage, use and disposal of products used in the performance of this CONTRACT. The CONTRACTOR shall follow all Federal, state or local safety regulations pertaining to aquatic and natural area weed control operations, boat operations and vehicle operations." 10. The following is hereby added as Article 8.1.2: "The CONTRACTOR shall verify and maintain compliance with all regulations and standards regarding aquatic plant management including National Pollutant Discharge Elimination System (NPDES) permits, Florida Department of Agriculture and Consumer Services (DACS) and Florida Fish and Wildlife Conservation Commission Aquatic Plant Pen-nits." 11. The following is hereby added as Article 8.1.3: "The CONTRACTOR shall be aware of and abide by all laws that protect wildlife and plants including but not limited to the Endangered Species Act. The CONTRACTOR shall also be aware of cultural and historical resources and the laws protecting them and refer to Article 1.10.1 in the event the CONTRACTOR observes items that may have historical or archeological value." SFWMD ICE O SI APPROVED By: rr-- Date: d� SFW PROCUREMENT APPROVED B , `� Date: Q -,J 34) Page 2 of 2, Exhibit "A ", Contract No. 4600002497 Packet Page -2555- ,DER f,1q,� o — ti SOUTH FL(, AIDA WATER MANAGED_ �NT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1- STATEMENT OF WORK 1.1 The CONTRACTOR shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C ", and made a part of this CONTRACT, as well as any supplemental Statement of Work issued pursuant to any Work Order issued hereunder pursuant to 1.1.1 below. In the event CONTRACTOR employees or hired workers are authorized to perform services on -site at DISTRICT facilities by either Exhibit "C" or any supplemental Work Order Statement of Work, the CONTRACTOR hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, to Exhibit "C" titled "Contractor Policy Code Acknowledgment". CONTRACTOR shall require each individual performing such on -site work to execute the Attachment 1 form. It is the CONTRACTOR's responsibility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C" as well as any supplemental Work Order Statement of Work issued hereunder. The CONTRACTOR shall determine the method, details and means of performing the services, within the parameters established by Exhibit "C" as well as any supplemental Work Order Statement of Work. The DISTRICT may provide additional guidance and instructions to CONTRACTOR's employees or hired workers where necessary or appropriate as determined by the DISTRICT. 1.1.1. The actual services required and either fixed price or not -to- exceed consideration for providing such services shall be detailed nn individual Work Order(s) to this CONTRACT, a sample of which is attached as Exhibit "I ", and made a part of this CONTRACT. As actual services are identified by the DISTRICT, the CONTRACTOR shall, upon request, prepare a detailed technical and cost proposal for submission to the DISTRICT. Cost proposals shall include a detailed breakdown adequate to substantiate all CONTRACTOR costs, including labor and expenses. Cost proposals shall also incorporate any established rates specified in Exhibit "L ", attached hereto and made an integral part of this CONTRACT. The DISTRICT shall evaluate the technical merit and cost of each proposal submitted and conduct negotiations with the CONTRACTOR to achieve technical and cost objectives. Such negotiations will result in a total consideration amount to be disbursed under the applicable Work Order on either a fixed price or time and materials basis within a not -to- exceed limitation. In either case, the mutually agreed upon fixed price /not -to- exceed amount for each authorized Work Order issued hereunder shall be the only basis for consideration by the DISTRICT. There may also be circumstances under which a Work Order may be issued with a combination of fixed price /lump sum and not -to- exceed deliverables in which case the Work Order will be labeled "Not -to- Exceed''. No work shall commence prior to receipt of an authorized Work Order. The DISTRICT does not guarantee or represent that any minimum number of Work Orders for any dollar amount will be issued as a result of this CONTRACT. 1.1.2 In addition to the foregoing, award of Work Orders under this CONTRACT shall be subject to the following: (a) Negotiation of a Statement of Work and a price most advantageous to the DISTRICT. (b) Availability of qualified personnel within the required time frames; and (c) Satisfactory perfonmance by the CONTRACTOR under any previous Work Order(s) issued by the DISTRICT. 1. 1.3 The DISTRICT has the right to make unilateral changes to any Work Order without the mutual written consent of the CONTRACTOR in the event such action is determined to be in the best interest of the DISTRICT. This right shall include the ability to cancel any work order without liability to CONTRACTOR other than payment for work product accepted by the DISTRICT up through the effective date of cancellation. Any such cancellation which effectively eliminates remaining work order funding and curtails the period of performance shall be accomplished by providing thirty (30) days advance written notice to the CONTRACTOR. No minimum advance written notice requirement shall apply to any other changes to Work Orders issued hereunder. With the exception of cancellation, changes to Work Orders are typically handled through a duly executed Work Order revision document. 1.2 As part of the services to be provided by the CONTRACTOR under this CONTRACT, the CONTRACTOR shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. Page 1 of 15, Exhibit "B" Packet Page -2556- Contract File:\ ContrWO.doc 08/23/11 tER MAN SOUTH FLT. .,UDA WATER MANAG0 :NT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS The CONTRACTOR shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the CONTRACT. This paragraph shall survive the expiration or termination of this CONTRACT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this CONTRACT. 1.4 The CONTRACTOR shall conduct thorough background checks for all of the CONTRACTOR's employees or hired workers who will be working on any DISTRICT site. The background checks shall consist of education verification, a national criminal check for state and federal felonies and misdemeanors, and a check on immigration status in accordance with Article 9.7. After reviewing the results of the background check, the CONTRACTOR shall determine whether the CONTRACTOR's employee and /or hired worker meets the necessary criteria for the position sought to be filled by the DISTRICT. The DISTRICT will rely on the CONTRACTOR's assessment of its employees' or hired workers' suitability to be hired for the position(s) sought to be filled by the DISTRICT, based on the background check conducted by the CONTRACTOR. Prior to allowing any employees or hired workers to work on- site at DISTRICT facilities, the CONTRACTOR will provide written verification to the DISTRICT that a complete background check, as described above, was conducted for any such employee or hired worker. The CONTRACTOR will place the above language in any contract that it has with it subcontractors and is responsible for its enforcement. 1.5 Should the services provided by the CONTRACTOR fail to meet the expectations of the DISTRICT's Project Manager, the CONTRACTOR shall have a period of ten (10) working days from the date notice is given to the CONTRACTOR by the DISTRICT, to correct all deficiencies in the CONTRACTOR's services under the Work Order. All corrections shall be made to the satisfaction of the DISTRICT Project Manager. Inability to correct all deficiencies within the specified ten days shall be good and sufficient cause to immediately terminate the Work Order without the DISTRICT being liable for any and all future obligations under the Work Order as determined by the DISTRICT at its sole discretion. The DISTRICT, in its judgment, may elect to compensate the CONTRACTOR for any accepted work product through the date of termination of an authorized Work Order, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 1.6 In the event the project or work under this CONTRACT requires that the CONTRACTOR or subcontractor employees or other authorized agents have unrestricted access to one or more DISTRICT critical structures, those individuals will be required to complete a fingerprint -based criminal history check, pursuant to Chapter 373.6055, Florida Statutes in order to qualify for such unrestricted access. If a CONTRACTOR or subcontractor's employees or other authorized agents will only have access to DISTRICT critical structures when accompanied by appropriate DISTRICT staff, a fingerprint -based criminal history check will not be required. The DISTRICT's Project Manager or designated DISTRICT representative will notify CONTRACTOR when fingerprint -based criminal checks are required. Each individual subject to the criminal history check shall have a complete set of fingerprints taken at DISTRICT headquarters as soon as practicable after the CONTRACTOR is informed that the fingerprinting is necessary. Fingerprints shall be submitted to the Department of Law Enforcement for state processing and to the Federal Bureau of Investigation for federal processing. The results of each fingerprint -based criminal history check shall be reported to the DISTRICT. The individuals who must undergo the fingerprint -based criminal history check shall not have unrestricted access to a critical structure until the fingerprint process is complete and the nrdividual(s) are cleared and thereby qualified for access. The criminal violations that will prohibit unrestricted access to a DISTRICT critical structure(s) are outlined in subparagraphs 3 (c) (1) and 3 (c) (2) of Florida Statute 373.6055. 1.7 Any manuscripts, technical publications, presentation slides or other documents resulting from or related to the Work performed under this CONTRACT shall be submitted to the DISTRICT for review and approval prior to publication by the CONTRACTOR in any forum or format. This Page 2 of 15, Exhibit "B" Packet Page -2557- Contract File:\ ContrWO.doc 08/23/1] N 16 SOUTH FLL AIDA WATER MANAGED _JNT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS paragraph shall survive the expiration or termination of this CONTRACT. 1.8 Any use of data gathered under this CONTRACT that has not been through the quality assurance /quality control validation described in Exhibit "C" will be at the CONTRACTOR's own risk and shall not make reference to the DISTRICT. This paragraph shall survive the expiration or termination of this CONTRACT. 1.9 In the event the Exhibit "C" Statement of Work requires that the DISTRICT provide the CONTRACTOR with keys to access any DISTRICT structures or Right -of -Ways through its key permitting system, a deposit shall apply. Because the cost to re -key DISTRICT structures is high, should the CONTRACTOR lose any keys provided by the DISTRICT, such loss shall not only result in the loss of the CONTRACTOR's deposit, but may also result in the assessment of progressively higher fines depending on how many keys may have been lost throughout the term of this CONTRACT or across multiple contracts between the CONTRACTOR and the DISTRICT. The DISTRICT reserves the right to offset the amounts owed pursuant to this provision against payments due to the CONTRACTOR under this CONTRACT and/or against payments due under any other contracts or purchase orders between the DISTRICT and CONTRACTOR. Repeated loss of keys may also be used as a basis for deeming the CONTRACTOR as non - responsible in conjunction with bid or proposal submissions. 1.10 if applicable, known historic, archeological and cultural resources within the CONTRACTOR's work area(s) will be designated as a "sensitive environmental area" in the executed Work Order. If so designated, the CONTRACTOR shall install protection for these resources and shall be responsible for their preservation during the Work Order's duration. The CONTRACTOR shall not distribute maps or other information on these resource locations except for distribution among the CONTRACTOR's staff with a "need to know" technical responsibility for protecting the resources. 1.10.1 Inadvertent Discoveries: If, during the performance of work, the CONTRACTOR observes items that may have historic or archeological value, such observations shall be reported immediately to the DISTRICT so that the appropriate staff may be notified and a determination for what, if any, additional action is needed. Examples of historic, archeological and cultural resources are bones, remains, artifacts, shell, midden, charcoal or other deposits, rocks or coral, evidences of agricultural or other human activity, alignments, and constructed features. The CONTRACTOR shall cease all activities that may result in the destruction of these resources and shall prevent his employees from further removing, or otherwise damaging, such resources." 1.10.2 Upon discovery and subsequent reporting of a possible inadvertent discovery of cultural resources, the CONTRACTOR shall seek to continue work well away from, or otherwise protectively avoiding, the area of interest, or in some other manner that strives to continue productive activities in keeping with the Work Order. Should an inadvertent discovery be of the nature that impact(s) to the work schedule are evident, such delays shall be coordinated with the DISTRICT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this CONTRACT shall not exceed the amount as indicated on the cover /signature page of this CONTRACT. Such amount includes all expenses which the CONTRACTOR may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this CONTRACT shall be paid in accordance with, and subject to the funding allocations for each DISTRICT fiscal year indicated on the cover /signature page of this CONTRACT. Funding for each applicable fiscal year of this CONTRACT is subject to DISTRICT Governing Board budgetary, appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this CONTRACT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this CONTRACT to the contrary. The DISTRICT will notify the CONTRACTOR in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this CONTRACT. Page 3 of 15, Exhibit "B" Contract File:\ ContrWO.doc 08/23/11 Packet Page -2558- N SOUTH FLuAIDA WATER MANAGEn_ 'NT : 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS 2.3 The CONTRACTOR, by executing this CONTRACT, certifies to truth -in- negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The CONTRACTOR agrees that the DISTRICT may adjust the consideration for this CONTRACT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or tennination of this CONTRACT. 2.4 In the event any travel is required by members of the CONTRACTOR's staff to fulfill its performance of the terms and conditions of this CONTRACT, such travel shall require prior written authorization by the DISTRICT. The DISTRICT shall only reimburse the CONTRACTOR for travel expenses, including transportation, lodging, food, and incidental expense to the extent provided under Chapter 112, Florida Statutes and the DISTRICT's Travel Policy Chapter 201, Article VI. A completed "Travel Expense Report", attached hereto as Exhibit "J ", or similar form, together with copies of receipts to support travel expenses must accompany all requests for travel reimbursement. ARTICLE 3 — INVOICING AND PROMPT PAYMENT 3.1 The CONTRACTOR's invoices shall reference the DISTRICT's Contract Number, Work Order Number and SAP PO Number specified on the cover /signature page of the CONTRACT. Original invoices shall be sent to the attention of Accounts Payable at the address specified on the cover /signature page of this CONTRACT. In addition, the CONTRACTOR shall submit a copy of all invoices to the attention of the Project Manager listed on the cover /signature page of the CONTRACT. Invoices submitted to the attention of the Project Manager may also be submitted electronically via e -mail or fax. INVOICES SUBMITTED TO THE PROJECT MANAGER SHALL BE CLEARLY STAMPED OR MARKED "COPY ". A third set of invoice copies along with the Small Business Utilization Reports shall also be submitted to the Small Business Enterprise office as described in Article 10.4. 3.2 The CONTRACTOR shall submit the invoices pursuant to the schedule outlined in the Exhibit "D" Payment and Deliverable Schedule attached to each Work Order. For Work Orders issued on a time and materials basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the Work Order's not -to- exceed budget including, but not limited to, copies of approved timesheets, payment vouchers, expense reports (included approved travel costs, if applicable), receipts and subcontractor invoices. Work Orders issued on a "Not -to- Exceed" basis where Exhibit "D" specifies a combination of fixed price /lump sum and not -to- exceed amounts associated with deliverables will also be subject to the same supporting documentation requirements described above whenever invoices are submitted for the not -to- exceed line items. Any travel authorized by the DISTRICT shall be reimbursed in accordance with Chapter 112, Florida Statutes and in accordance with Article 2.4 above. 3.3 It is the policy of the DISTRICT that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Chapter 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified in the CONTRACT for invoice submission. The time at which payment shall be due from the DISTRICT shall be forty -five (45) days from receipt of a proper invoice and acceptance of services and /or deliverables, based on compliance with the statutory requirements set forth in Chapter 218.70, F.S. and upon satisfaction of the DISTRICT conditions as detailed in the CONTRACT document. Failure of the CONTRACTOR to follow the instructions set forth in the CONTRACT regarding a proper invoice and acceptable services and /or deliverables may result in an unavoidable delay in payment by the DISTRICT. All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1 %) per month on the unpaid balance. The Page 4 of 15, Exhibit "B" Packet Page -2559- Contract File:\ ContrW'O.doc 08123/11 N SOUTH FLt AIDA WATER MANAGED. -,'NT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS CONTRACTOR shall invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the DISTRICT shall be concluded by final written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 The DISTRICT shall not pay for any obligation or expenditure made by the CONTRACTOR prior to the commencement date of this CONTRACT or prior to receipt of authorized Work Order(s), unless the DISTRICT authorizes such payment in writing. 3.5 Any early payment discount offered by the CONTRACTOR shall be clearly indicated on the invoice, including the percentage of the discount and the time period for which the discount is valid. The DISTRICT reserves the option to accept such early payment discounts. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this CONTRACT, other than invoices and notices, to the attention of the respective Project Managers specified on the cover /signature page of the CONTRACT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this CONTRACT. The CONTRACTOR shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover /signature page of the CONTRACT. All formal notices between the parties under this CONTRACT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on the cover /signature page of the CONTRACT. The CONTRACTOR shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this CONTRACT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this CONTRACT shall reference the DISTRICT's Contract Number specified on the cover /signature page of the CONTRACT. 4.2 The CONTRACTOR agrees that the individual(s) listed in Exhibit "G ", attached hereto and made a part of this CONTRACT shall provide services under this CONTRACT. The services of the individual(s) listed herein are a substantial inducement and material consideration for this CONTRACT. In the event such individual(s) can no longer provide the services required by this CONTRACT, the CONTRACTOR shall immediately notify the DISTRICT in writing and the DISTRICT may elect to terminate this CONTRACT, for this reason, without any liability whatsoever to the CONTRACTOR, including but not limited to liability for unfinished work product. The CONTRACTOR may propose a replacement for the individual(s), subject to the optional approval of the DISTRICT. The DISTRICT, in its judgment, may elect to compensate the CONTRACTOR for any unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 4.3 At its sole discretion, the DISTRICT has the right to order the immediate replacement of any individual(s) working on behalf of the CONTRACTOR as long as the basis for the replacement is not discriminatory or for any other reason contrary to taw. The DISTRICT may take this action if the DISTRICT determines that it is in its best interest to do so, but will not be required to provide a reason for requesting the replacement of any individual(s). In such event, the CONTRACTOR shall be responsible for carrying out such replacement and for returning DISTRICT property in accordance with DISTRICT policies and procedures. The CONTRACTOR may propose a replacement for the individual(s), subject to the optional approval of the DISTRICT. The DISTRICT may also elect to terminate this CONTRACT, for this reason, without any liability whatsoever to the CONTRACTOR, including but not limited to liability for unfinished work product. The CONTRACTOR will place the above language in any contract that it has with subcontractors. The CONTRACTOR will enforce the replacement of Page 5 of 15, Exhibit "B" Packet Page -2560- Contract File:\ ContrWO.doc 08/23/11 yu SOUTH FL(, A1DA WATER MANAGEI\ �NT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS subcontractor personnel upon request by the DISTRICT. ARTICLE 5 - INDEMNIFICATION & INSURANCE 5.1 For value received, which is hereby acknowledged, the CONTRACTOR shall indemnify and hold the DISTRICT, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses and costs, including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of the CONTRACT. The CONTRACTOR further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this CONTRACT. This paragraph shall survive the expiration or termination of this CONTRACT. 5.2 The CONTRACTOR shall procure and maintain, through the term of this CONTRACT, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the DISTRICT's Insurance Requirements, attached as Exhibit "H" and made a part of this CONTRACT. The coverage required shall extend to all employees and subcontractors of the CONTRACTOR. Prior to the execution of this CONTRACT, the CONTRACTOR shall provide a Certificate of Insurance for such coverage to the DISTRICT for approval, indicating the producer, insured, carrier's name, and BEST rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate of Insurance shall be signed by the insurance carrier's authorized representative and shall identify the DISTRICT as added insured as required. 5.3 All insurers must be qualified to lawfully conduct business in the State of Florida. Failure of the DISTRICT to notify the CONTRACTOR that the certificate of insurance does not meet the CONTRACT requirements shall not constitute a waiver of the CONTRACTOR's responsibility to meet the stated requirement. In addition, receipt and acceptance of the certificate of insurance by the DISTRICT shall not relieve the CONTRACTOR from responsibility for adhering to the insurance limits and conditions of insurance required within this CONTRACT. Misrepresentation of any material fact, whether intentional or not, regarding the CONTRACTOR's insurance coverage, policies or capabilities, may be grounds for termination of the CONTRACT as determined solely by the DISTRICT. ARTICLE 6 - TERMINATION/REMEDIES 6.1 It is the policy of the DISTRICT to encourage good business practices by requiring consultants to materially perform in accordance with the terms and conditions of the DISTRICT CONTRACT. In accordance with DISTRICT Rule 40E -7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the CONTRACT. If the CONTRACTOR materially fails to fulfill its obligations under this CONTRACT, the DISTRICT will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The CONTRACTOR shall have thirty (30) days to cure the breach. If the CONTRACTOR fails to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Termination for Default Notice. Once the DISTRICT has notified the CONTRACTOR that it has materially breached its CONTRACT with the DISTRICT, by sending a Termination for Default Notice, the DISTRICT's Governing Board shall determine whether the CONTRACTOR should be suspended from doing future work with the DISTRICT, and if so, for what period of time. The DISTRICT's Governing Board will consider the factors detailed in Rule 40E -7, Part II, F.A.C. in making a determination as to whether a CONTRACTOR should be suspended, and if so, for what period of time. Should the DISTRICT terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 62 The DISTRICT may terminate this CONTRACT, with or without cause, at any time for convenience upon thirty (30) calendar days prior Page 6 of 15, Exhibit "B" Packet Page -2561- Contract File:\ ContrWO.doc 08/23/11 CEP �d4�� P 9n 0 �-1 SOUTH M_ AIDA WATER MANAGEt ANT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS written notice to the CONTRACTOR. The performance of work under this CONTRACT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the CONTRACTOR of a Notice of Termination specifying the extent to which performance of work under the CONTRACT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the CONTRACTOR for all authorized and accepted deliverables completed through the date of termination in accordance with Work Orders issued hereunder. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this CONTRACT. The DISTRICT may withhold all payments to the CONTRACTOR for such work until such time as the DISTRICT determines the exact amount due to the CONTRACTOR. 6.3 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.4 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the CONTRACTOR to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the CONTRACTOR in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The CONTRACTOR shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT may amend this CONTRACT and/or any Work Order to reflect any changes to Exhibit "C ", Statement of Work and/or the project schedule. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The CONTRACTOR shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The CONTRACTOR shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this CONTRACT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this CONTRACT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this CONTRACT. Such examination may be made only within five (5) years from the date of final payment under this CONTRACT and upon reasonable notice, tune and place. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this CONTRACT, the CONTRACTOR shall extend the period of maintenance for all records relating to the CONTRACT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. D. Audit Findings: In the event the DISTRICT exercises its right hereunder to audit the CONTRACTOR's financial and accounting records within a period of one (1) year following the completion or termination date of this CONTRACT and such audit results in the proper disallowance of costs based on the auditor's finding(s), the CONTRACTOR shall be obligated to refund the Page 7 of 15, Exhibit "B" Contract File:\ ContrWO.doc 08123/11 Packet Page -2562- tEH fnAn/ n D r�JS � yea o SOUTH FLk -AIDA WATER MANAGEAt J'NT 12111 /2012 Item 16.A.27. EXHIBIT "B„ GENERAL TERMS AND CONDITIONS DISTRICT for such disallowance(s) upon demand. At its option, the DISTRICT shall also have the right to reduce payments due to the CONTRACTOR under this CONTRACT by the amount of any disallowance resulting from audits conducted under this CONTRACT. E. Applicability to Authorized Agents: In the event that any of the Work is delegated by the CONTRACTOR, the CONTRACTOR hereby agrees to include in any such contract a provision requiring such vendor, consultant, agent and/or subcontractor to agree to the same requirement for records retention, inspection and audit rights as set forth in this Article 7. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the CONTRACTOR, its subcontractor(s), assign(s), agent(s) and /or successor(s) as required by the Exhibit "C ", Statement of Work and any specified Work Order issued hereunder (the "Work "). In consideration for the DISTRICT entering into this CONTRACT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the CONTRACTOR, the CONTRACTOR hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant'). This Grant shall be self - operative upon execution by the parties hereto, however the CONTRACTOR agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The CONTRACTOR may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third parry whatsoever. This paragraph shall survive the termination or expiration of this CONTRACT. 7.3 The CONTRACTOR and the DISTRICT agree that each Work Order shall also identify any proprietary data processing software as defined by Chapter 119, Florida Statutes, which has been lawfully acquired by the CONTRACTOR under license from a third party, including the right to sublicense such software, if appropriate, for use by the DISTRICT hereunder. If deemed appropriate, applicable sub - licensing terms and conditions shall be negotiated by the parties and incorporated by reference into each applicable Work Order. The CONTRACTOR shall grant to the DISTRICT a perpetual, non - transferable, non - exclusive right to use the identified software without an additional fee. Both parties acknowledge that title to the software identified above shall remain with the applicable Licensor. 7.4 Any equipment purchased by the CONTRACTOR with District funding under this CONTRACT shall be returned and title transferred from the CONTRACTOR to the DISTRICT immediately upon termination or expiration of this CONTRACT upon the written request of the DISTRICT not less than thirty (30) days prior to CONTRACT expiration or termination. Equipment is hereby defined as any non - consumable items purchased by the DISTRICT with a value equal to or greater than $1000.00 and with a normal expected life of one (1) year or more. The CONTRACTOR will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The CONTRACTOR will use its best efforts to safeguard the equipment throughout the period of performance of this CONTRACT. However the DISTRICT will not hold the CONTRACTOR liable for loss or damage due to causes beyond the CONTRACTOR's reasonable control. In the event of loss or damage, the CONTRACTOR shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this CONTRACT, the DISTRICT may permit the CONTRACTOR access to certain third parry owned software on DISTRICT computer systems. The CONTRACTOR acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third parry. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. Page 8 of 15, Exhibit "B" Packet Page -2563- Contract File:\ ContrWO.doc 08/23/11 y ,a SOUTH FLk- AIDA WATER MANAGER ;NT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS 7.6 Pursuant to Chapter 119, Florida Statutes any plans and specs created or received by the DISTRICT pursuant to this CONTRACT which include building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary and final formats, which depict the internal layout and structural elements of a building, water treatment facility, or other structure are exempt from the Public Records law and must be maintained in a confidential manner by the CONTRACTOR. The CONTRACTOR shall complete, comply with and furnish to the DISTRICT a signed copy of a Plan and Specification Request Form, attached hereto as Exhibit "M ". In addition, the CONTRACTOR acknowledges that it is solely responsible for ensuring its compliance and the compliance of its staff, and subcontractors with the terms of Exhibit "M" and Chapter 119, Florida Statutes. This paragraph shall survive the expiration or termination of this CONTRACT. Exhibit "M" will remain on file with the DISTRICT during the term of the CONTRACT so that the CONTRACTOR will not have to fill out a new Exhibit for each Work Order issued to the CONTRACTOR. 7.7 During the term of this CONTRACT, the DISTRICT may provide the CONTRACTOR with the temporary use of computer hardware and software specified in Attachment "2" to the Exhibit "C" Statement of Work (hereafter referred to as "Computer Equipment "). CONTRACTOR represents that it has read and understands the section of the Contractor Policy Code Acknowledgement (Attaclunent I to the Exhibit "C" Statement of Work) that deals with the use of DISTRICT IT resources which shall apply to the use of the Computer Equipment. CONTRACTOR further agrees to maintain the Computer Equipment in good working condition while in its possession and will return the Computer Equipment to the DISTRICT upon request by the DISTRICT or upon termination or expiration of this CONTRACT in good working condition, less normal wear and tear. All Computer Equipment is hereby provided to the CONTRACTOR "as is ", "where is" and "with all faults ". The CONTRACTOR shall assume all responsibility for safeguarding the Computer Equipment including loss or damage and its proper use throughout the term of this CONTRACT. In the event of loss or damage, the CONTRACTOR shall notify the DISTRICT in writing within five (5) working days of such occurrence. The CONTRACTOR shall provide the DISTRICT with one hundred percent (100 %) of the current market value as stipulated in Attachment "2" to Exhibit "C" in the event any of the Computer Equipment is lost, stolen or irreparably damaged. CONTRACTOR acknowledges the proprietary nature of all applicable third party software listed in Attachment 2 and agrees not to reproduce, distribute or disclose such software to any third party, Use of all software shall be restricted to the hardware provided by the DISTRICT. Removal of any copy of licensed software is prohibited. 7.8 In the event the Work involves a need to loan any equipment (other than Computer Equipment as defined in 7.7 above) to the CONTRACTOR, the following provisions shall apply. A. The DISTRICT hereby conveys for the temporary use by the CONTRACTOR the equipment as identified in Exhibit "C" Statement of Work (hereinafter referred to as the "Equipment "). B. The CONTRACTOR is hereby authorized to use the Equipment identified in Exhibit "C" only for those proposes identified in Exhibit "C ". C. CONTRACTOR hereby agrees to maintain the Equipment in good working condition while in its possession and will return the Equipment to the DISTRICT in good working condition, less normal wear and tear, at the CONTRACTOR's sole expense upon termination, or expiration of this CONTRACT or upon completion of the work described in the Exhibit "C" Statement of Work, whichever occurs first. CONTRACTOR will adequately safeguard the Equipment throughout the term this CONTRACT. In the event of loss or damage, CONTRACTOR shall notify the DISTRICT in writing within five (5) working days of such occurrence. While in the CONTRACTOR's possession, the CONTRACTOR shall assume all responsibility for the Equipment including loss or damage and its proper use. CONTRACTOR shall be solely responsible for paying all costs associated with operating and maintaining the Equipment, including but not limited to, any applicable taxes or assessments, permits, licenses or insurance. CONTRACTOR further agrees that it will acquire license plates and vehicle registration as required by Florida Statutes, if Page 9 of 15, Exhibit "B" Contract FileA ContrWO.doc 08/23/11 Packet Page -2564- N SOUTH FL, RIDA WATER MANAGEI TNT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS required for the Equipment. CONTRACTOR shall provide the DISTRICT with one hundred percent (100 %) of the current market value as stipulated in Exhibit "C" in the event any of the Equipment is either lost, stolen or irreparably damaged. The CONTRACTOR further agrees to repair any damaged Equipment so as to restore the Equipment fully to the current market value at that time as agreed upon by the CONTRACTOR and DISTRICT. All Equipment provided hereunder is hereby loaned "as is ", "where is" and "with all faults ". D. The DISTRICT states and CONTRACTOR acknowledges that CONTRACTOR disclaims any reliance upon any statements or representations made by the DISTRICT. DISTRICT has not made and specifically disclaims any representation or warranty of any kind, directly or indirectly, express or implied, with respect to the suitability, durability, design, operation or condition of the Equipment or any part thereof, its merchantability, or its fitness for use for the particular purposes and uses of the CONTRACTOR or otherwise. DISTRICT shall not be liable to the CONTRACTOR for any loss, damage, or expense of any kind or nature caused directly or indirectly by the Equipment provided hereunder. E. In the event of CONTRACT termination, the CONTRACTOR shall promptly return all Equipment, at the CONTRACTOR's expense unless otherwise stated in Exhibit "C ", to the DISTRICT without further obligation. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The CONTRACTOR, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this CONTRACT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the CONTRACTOR, upon request, as to any such laws of which it has present knowledge. 8.2 The CONTRACTOR hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this CONTRACT. The CONTRACTOR shall take all measures necessary to effectuate these assurances. 8.3 The parties hereto agree that all actions or proceedings arising in connection with this CONTRACT shall be tried and litigated exclusively in the State and Federal courts of competent jurisdiction located in the State of Florida, Palm Beach County. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this CONTRACT in any jurisdiction other than that specified in the paragraph. The parties agree to waive any objections to venue or jurisdiction in Palm Beach County, Florida, for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this CONTRACT. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in an), action or other legal proceeding arising out of or relating to this CONTRACT and the transactions it contemplates. This waiver- applies to an action or legal proceeding, whether sounding in contract, tort or otherwise. 8.4 The CONTRACTOR, by its execution of this CONTRACT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or contractors who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the CONTRACTOR or any affiliate of the CONTRACTOR has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months must have passed since that person was placed on the convicted vendor or discriminatory vendor list. The CONTRACTOR finrther understands and accepts that this CONTRACT shall be either void by the DISTRICT or subject to inunediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Chapter- 287.133 or Chapter 287.134, respectively, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the CONTRACTOR for any work or materials furnished. 8.5 The CONTRACTOR shall not utilize the DISTRICT's exemption certificate number issued pursuant to Sales and Use Tax Law, Chapter 212, Page 10 of 15, Exhibit "B" Contract File:\ ContrWO.doc 08/23/11 Packet Page -2565- N 11;AW SOUTH FL.- AIDA WATER MANAGEI -INT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS Florida Statutes, when purchasing materials used to fulfill its contractual obligations with the DISTRICT. The CONTRACTOR shall be responsible and liable for the payment of all applicable FICA/Social Security and other taxes resulting. from this CONTRACT. In the event the CONTRACTOR is -'a sole proprietor, the CONTRACTOR is responsible for submitting quarterly returns to the Federal Government. 8.6 The CONTRACTOR warrants that it has not employed or retained any person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this CONTRACT. Further the CONTRACTOR warrants that it has not paid or agreed to pay any person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this CONTRACT. For breach of this provision, the DISTRICT may terminate this CONTRACT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee; commission, percentage, gift, or other consideration. 8.7 The CONTRACTOR shall, at its own expense, allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. If at any time the DISTRICT requests copies of CONTRACTOR'S records in response to a public records request, CONTRACTOR shall, at its own expense, promptly provide copies of all of its records in whatever format reasonably requested by the DISTRICT. Should the CONTRACTOR assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the CONTRACTOR. The CONTRACTOR shall refer any public records requests for project documents covered by this provision to the DISTRICT and the DISTRICT' will handle the request. 8.7.1 Pursuant to Chapters 119, and 1004.22 Florida Statutes, data processing software obtained by an agency under a license agreement which prohibits its disclosure and which software is a trade secret, as defined in Chapter 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the CONTRACTOR (Licensee) hereunder, the DISTRICT shall advise the CONTRACTOR (Licensee) of such request and, as between the DISTRICT and the CONTRACTOR (Licensee), it shall be the CONTRACTOR's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensoe's claimed exemption under the Statute. 8.8 The CONTRACTOR shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this CONTRACT. A delay in obtaining permits shall not give rise to a claim by the CONTRACTOR for additional compensation. If the CONTRACTOR is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this CONTRACT, each party to bear its own costs, notwithstanding other provisions of this CONTRACT to the contrary. 8.9 Pursuant to Chapter 216.347, F.S., the CONTRACTOR is prohibited from the expenditure of any funds under this CONTRACT to lobby the Legislature, the judicial branch or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this CONTRACT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its CONTRACTOR. Therefore, as the DISTRICT'S CONTRACTOR for this project, the CONTRACTOR assures the DISTRICT that the CONTRACTOR, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The CONTRACTOR agrees to take all reasonable measures necessary to effectuate these assurances. In the event the CONTRACTOR determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the Page 11 of 15, Exhibit "B" Contract File:\ ContrWO.doc 08/23/11 Packet Page -2566- 'PIER M4ry4 C 0 �o Y Y °OS yea SOUTH FLGAIDA WATER MANAGED ]NT 12111 /2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS DISTRICT, in its discretion, may terminate this CONTRACT. 8.11 CONTRACTOR shall not directly or indirectly, or through any other person, agency, company or organization solicit the project manager or any of the evaluation committee members who selected the CONTRACTOR, to undertake employment with it, its parent company, or any subsidiary company or any affiliated company during the performance of this CONTRACT. The DISTRICT is committed to ensuring that its employees abide by the Florida Code of Ethics and, as such, the DISTRICT does not condone offers of employment made by Contractors to DISTRICT employees in exchange for the award of DISTRICT work. Further, the DISTRICT is committed to avoiding even the appearance of impropriety which could arise when an offer of employment is made after the award of DISTRICT work. 8.12 CONTRACTOR may use the DISTRICT's name in marketing materials for the purpose of publicizing contract awards, however, CONTRACTOR is prohibited from obtaining affirmations from DISTRICT staff regarding its products or services. Affirmations include any kind of testimonials or endorsements of the CONTRACTOR as well as the products and /or services offered by the CONTRACTOR. The DISTRICT, as a government entity, must fairly and equitably compete for goods and services, and therefore the endorsement of any particular firm, product, or service is strictly prohibited. CONTRACTOR is strictly prohibited from releasing any statements to the media regarding work performed under this CONTRACT without the review, and the express prior written approval of the DISTRICT. The DISTRICT's approval is at its sole discretion, however, such approval will not be unreasonably withheld. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 CONTRACTOR shall be considered an independent consultant and neither party shall be considered an employee or agent of the other party. Nothing in this CONTRACT shall be interpreted to establish any relationship other than that of independent consultant between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this CONTRACT. Both parties are free to enter into contracts with other parties for similar services. In the event the CONTRACTOR is providing staff who will be working on -site at DISTRICT facilities, CONTRACTOR and the DISTRICT further agree that the DISTRICT shall not pay the CONTRACTOR staff any direct remuneration, expense reimbursement or compensation of any kind and CONTRACTOR's staff shall not be eligible for any benefit programs the DISTRICT offers to its employees. All benefits available to the CONTRACTOR's staff shall be exclusively provided by the CONTRACTOR. The CONTRACTOR shall provide all billing, collection, payroll services and tax withholding, among other things, for all CONTRACTOR staff performing services under this CONTRACT. 9.2 It is the intent and understanding of the Parties that this CONTRACT is solely for the benefit of the CONTRACTOR and the DISTRICT. No person or entity other than the CONTRACTOR or the DISTRICT shall have any rights or privileges under this CONTRACT in any capacity whatsoever, either as third -party beneficiary or otherwise. 9.3 The CONTRACTOR shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this CONTRACT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be null and void. 9.4 The CONTRACTOR shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Pledging the DISTRICT's credit shall also be construed to include the use of "factoring agents" or the practice of selling business accounts receivables to a third party at a discount for the purpose of obtaining funding which is also expressly prohibited. 9.5 The DISTRICT assumes no duty with regard to the supervision of the CONTRACTOR and the CONTRACTOR shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of CONTRACT performance. Further, the CONTRACTOR shall be responsible for compliance with all labor and unemployment laws. 9.6 CONTRACTOR EXPRESSLY Page 12 of 15, Exhibit "B" Packet Page -2567- Contract File:\ ContrWO.doc 08/23/11 DER MqH 0 SOUTH FLT. AIDA WATER MANAGET ANT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS UNDERSTANDS AND AGREES THAT CONTRACTOR, ITS OFFICERS, AGENTS, AND EMPLOYEES, ARE NOT ENTITLED TO ANY EMPLOYMENT BENEFITS FROM THE FROM THE DISTRICT. CONTRACTOR EXPRESSLY AND VOLUNTARILY WAIVES AND AGREES NOT TO MAKE ANY CLAIM TO PARTICIPATE IN ANY OF THE DISTRICT'S EMPLOYEE BENEFITS OR BENEFIT PLANS SHOULD CONTRACTOR OR ANY OF ITS OFFICERS, AGENTS, OR EMPLOYEES BE ADJUDICATED FOR ANY REASON TO BE AN EMPLOYEE OF THE DISTRICT. IN THE EVENT CONTRACTOR IS SELF EMPLOYED, CONTRACTOR EXPRESSLY REPRESENTS THAT CONTRACTOR IS AN INDEPENDENT CONTRACTOR AND HEREBY WAIVES ANY ENTITLEMENT TO OVERTIME OR OTHER BENEFITS THAT CONTRACTOR MAY BE ENTITLED TO RECEIVE SHOULD CONTRACTOR BE ADJUDICATED FOR ANY REASON TO BE AN EMPLOYEE OF THE DISTRICT. 9.7 The CONTRACTOR shall be responsible for verifying employee authorization to work in the U.S. and certifying that a good faith effort has been made to properly identify employees by timely reviewing and completing appropriate documentation, including but not limited to the Department of Homeland Security, U.S. Citizenship and Immigration Services Form I -9. In the event the amount of this CONTRACT exceeds $150,000 and for all persons hired by CONTRACTOR to work in the State of Florida for a period that is equal to or exceeds 120 days, the CONTRACTOR shall use the United States Department of Homeland Security's E- Verify system ( "E- Verify ") to verify employment eligibility. Additionally, if CONTRACTOR uses subcontractors to perform any portion of the Work under this CONTRACT valued in excess of $3,000, CONTRACTOR must include a requirement in the subcontractor's contract that the subcontractor use E- Verify to verify the employment eligibility of all persons hired by subcontractor to perform any such portion of the Work. Within 30 days of this CONTRACT's Effective Date, CONTRACTOR must provide the DISTRICT with evidence that CONTRACTOR is enrolled in the E- Verify system. Answers to questions regarding E- Verify as well as instructions on enrollment may be found at the E- Verify website: www.uscis.gov /e- verify. Written verification shall be kept by the CONTRACTOR and made available for inspection on demand by the DISTRICT. The hourly rate of pay for each employee shall comply with State law and industry standards for similar work performed under the CONTRACT. The DISTRICT shall maintain records verifying the rate of pay for each employee working on this CONTRACT and make such records available for inspection on demand by the DISTRICT. Failure to fully comply with these provisions shall be a material breach of the CONTRACT and cause for termination of the CONTRACT. ARTICLE 10 — SBE UTILIZATION 10.1 SBE Utilization. The DISTRICT has implemented a Small Business Enterprise Program as part of the DISTRICT's competitive solicitation and contracting activity in accordance with DISTRICT Rule 40E -7, Part VI, F.A.C. ( "SBE Rule "). The purpose of the program is to spur economic development and support small businesses, including women -owned and minority -owned businesses, to successfully expand in the marketplace. As consideration for being awarded this CONTRACT, CONTRACTOR agrees to maintain the level of SBE participation agreed upon and as indicated on the cover /signature page of this CONTRACT. The CONTRACTOR shall take all necessary steps to achieve and maintain its SBE utilization commitment. At any time during the term of this CONTRACT, the DISTRICT may request information on the SBE status of the CONTRACTOR and /or any and all of its subcontractor(s). The CONTRACTOR shall notify the DISTRICT immediately of any change in the status of the CONTRACTOR or any of its subcontractor(s); that could affect the CONTRACTOR's SBE status or the CONTRACTOR's ability to comply with the SBE requirements of this CONTRACT including but not limited to gross revenue and licensing. 10.2 SBE Utilization Plan. The CONTRACTOR shall identify all SBE firms which will be utilized as subcontractors. The CONTRACTOR should Page 13 of 15, Exhibit "B" Contract File:\ ContrWO.doc 08/23/11 Packet Page -2568- SOUTH FL RIDA WATER MANAGE_ _ENT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS provide proof that each firm to be utilized as an SBE subcontractor is certified with the DISTRICT. The CONTRACTOR, as the prime and each subcontractor shall be listed in the Utilization Plan and submitted to the DISTRICT. The listing of the SBE's in the Utilization Plan shall constitute the CONTRACTOR's representation to the DISTRICT that the SBE firms are technically and financially qualified and available to perform the assigned work. The Utilization Plan shall consist of the following DISTRICT forms and information as submitted by the CONTRACTOR in its bid as part of the Compliance Disclosure Form: 1. SBE Subcontractor Participation Schedule 2. Statement of Intent to Petform as a District Certified SBE Contractor form 3. Proof of DISTRICT certification Items (1) through (3) above are hereinafter collectively referred to as the "SBE Plan ". 10.3 Subcontractor Substitution. The .CONTRACTOR must receive written approval from the DISTRICT's Small Business Enterprise Section prior to substituting an SBE subcontractor for any reason, or otherwise modifying the SBE Plan as defined above. The CONTRACTOR must submit to the DISTRICT an amended version of the following: 1. SBE Subcontractor Participation Schedule 2. Statement oflntent to Petform as a District Certified SBE Contractor form for each substitute firm. 10.4 Utilization Reporting. In an effort to monitor the achievement of the SBE goal the CONTRACTOR agrees to submit, a completed SBE Utilization Report form, attached hereto as Exhibit "E" and made a part of this CONTRACT. The timing of these reports must coincide with invoice submission. In addition to the Utilization Report form, the CONTRACTOR shall also provide proof of payment made to each SBE Subcontractor which shall take the form of cancelled checks or check register photocopies, or any other valid form of documentation that serves to substantiate all payment amounts included in the Utilization Report. The CONTRACTOR understands that each SBE utilized for the CONTRACT must be certified by the DISTRICT. The CONTRACTOR shall submit a completed Final SBE Utilization Report form, attached hereto as Exhibit "F" and made a part of this CONTRACT, at the time a final invoice is submitted. These utilization reports must be submitted to the attention Colleen Robbs in the Small Business Enterprise office at the West Palm Beach location indicated on the cover page of the CONTRACT. 10.5 Compliance. The DISTRICT shall monitor - and evaluate compliance with the provisions of the SBE Rule. During the term of the CONTRACT, the CONTRACTOR shall comply with the SBE Utilization Plan which can only be amended with the prior written approval from the DISTRICT's Small Business Enterprise Section. Compliance shall include tasks and proportionate: dollar amounts throughout the term of the CONTRACT, including amendments, change orders, and work orders. The CONTRACTOR shall maintain the level of SBE utilization as established in the CONTRACTOR's SBE Plan. Failure to comply with the SBE requirements of this CONTRACT will be considered a material breach of CONTRACT and may further result in suspension or debarment pursuant to DISTRICT Rule 40E -7, Part I1, F.A.C. To ensure that all SBE requirements under this CONTRACT are met, the CONTRACTOR's SBE efforts throughout the performance of the CONTRACT shall be reviewed by the DISTRICT. The CONTRACTOR shall advise the DISTRICT of any situation in which regularly scheduled payments are not made to any SBE subcontractor(s). 10.6 Prohibition of Not-To-Compete Agreements. The CONTRACTOR is prohibited from entering into any agreements with an SBE subcontractor in which the SBE subcontractor has agreed not to provide subcontracting quotations to other respondents or potential respondents. ARTICLE 11- GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this CONTRACT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this CONTRACT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character Page 14 of 15, Exhibit "B" Packet Page -2569- Contract File:\ ContrWO.doc 08/23/11 U*1 SOUTH FL ZIDA WATER MANAGEI ±:NT 12/11/2012 Item 16.A.27. EXHIBIT "B" GENERAL TERMS AND CONDITIONS which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this CONTRACT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this CONTRACT specifies that performance by CONTRACTOR is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this CONTRACT shall be resolved by giving precedence in the following order: (a) Exhibit "A" Special Provisions, if applicable (b) Exhibit `B" General Terms and Conditions (c) Exhibit "C" Statement of Work (d) all other exhibits, attactunents and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this CONTRACT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this CONTRACT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this CONTRACT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this CONTRACT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this CONTRACT, to the extent that the CONTRACT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This CONTRACT may be amended only with the written approval of the parties hereto. 11.6 This CONTRACT states the entire under- standing and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this CONTRACT. The CONTRACTOR recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This CONTRACT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 12 — SAFETY REQUIREMENTS 12.1 The CONTRACTOR shall comply with all applicable Federal, State and local safety standards and regulations applicable to the work performed pursuant to this CONTRACT. The CONTRACTOR shall also be responsible for the compliance of its subcontractors with all of the foregoing laws, regulations and standards pertaining to safety. Page 15 of 15, Exhibit "B" Contract File:\ ContrWO.doc 08/23/11 Packet Page -2570- EXHIBIT "C" STATEMENT OF WORK I. Introduction 12/11/2012 Item 16.A.27. The South Florida Water Management District's (District) Vegetation Management Program is responsible for managing nuisance vegetation in all or parts of 16 counties in central and southern Florida an area of over 15,000 square miles (see map attachment 1). The District manages both invasive aquatic and terrestrial plants in addition to hazardous vegetation in more than 1,800 miles of canals and levees, 500,000 acres of public lakes, over 850,000 acres of the Everglades Water Conservation Areas, over 200,000 acres of conservation properties, and over 50,000 acres of Stormwater Treatment Areas (STA). The District is charged with operating and maintaining existing infrastructure and restoring and preserving natural areas. Species that interfere with these goals include, but are not limited to, water hyacinth, water lettuce, hydrilla, hygrophila, cattail, melaleuca, Australian pine, shoebutton ardisia, climbing ferns, torpedo grass and Brazilian pepper. At the present time, herbicides are the primary tool used by the District to control nuisance species. The methods of herbicide application include, but are not limited to, foliar spray, frill and girdle, stump, basal bark, and broadcast (liquid and granular). Seedlings of some species in mixed plant communities may be hand pulled in an effort to minimize the impact of herbicides on non - target vegetation. In some cases, particularly in the STAB, crews will plant desirable native vegetation following treatment of nuisance species. During the past 20 years the District's experience with contracting for these services has seen a continued increase in scope. Many of the projects will require the use of Contractors who can supply large numbers of crews and equipment while other projects will require a smaller number of crews and equipment. II. Objectives The District's primary goal is maintenance control of invasive species within its land and water resources. This requires regular canal bank and levee maintenance and maintaining each canal's water column free of aquatic plants. Canal bank management requires removal of all woody and dense vegetation in accordance with Army Corps of Engineers standards. In mitigation sites the District's goal is, at a minimum, to maintain the site within compliance of the objectives set forth. In natural areas the District strives to keep sites in maintenance control without large dense areas of invasive vegetation. Finally, within the STAs, vegetation is maintained for nutrient removal and thus may include treatment of some native species. In some cases species will be prioritized and not all non - native species will be treated in all cases. III. Scope of Work Contractors are responsible for providing crews, equipment, herbicide and supplies for treating aquatic, wetland and terrestrial vegetation using ground application methods. Vegetation will be treated in natural areas within the boundaries of the District, on District lands or those of our agency partners, including the Water Conservation Areas and Lake Okeechobee. Treatment will Page 1 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2571- 12/11/2012 Item 16.A.27. occur in canals, on levees and around structures of the Central and Southern Florida Flood Control District as well as the interconnecting Kissimmee and Alligator chain -of- lakes. Many properties and projects will require timed treatment of herbicide application. This is scheduled with the site manager and adjusted around seasonal temperature changes and fluctuating water levels. Changing water levels may alter site access and efficacy of herbicide. Other projects require continual staffing although crew levels may be adjusted throughout the year. For wetland and upland natural areas, ground crews shall be transported by approved vehicles including but not limited to trucks, ATVs, buggies, airboats, and argon. All transportation is the responsibility of the Contractor. Each ground crew shall consist of one supervisor and a crew of up to 15 applicators /laborers for herbicide application depending on the Work Order Specification and site location. Ground crews shall be provided with appropriate equipment including but not limited to personal protective equipment, chainsaws, machetes, and spray equipment. For aquatic situations, the Contractor shall provide applicator operated equipment including airboats and skiffs with appropriate application equipment to perform spot, granular and broadcast treatments. Levee and rights of way treatment will require the use of spray trucks, All target plants must be treated and treatment data shall be recorded on Daily Progress Reports (attachment 2) prior to proceeding to new treatment sites. Vegetation treatments shall be performed in accordance with District standards or guidelines established for each site as specified below or as described in Initiation Form. Contractors shall follow all laws and regulations including but not limited to those set forth by United States Environmental Protection Agency, Florida Fish and Wildlife Conservation Commission, Florida Department of Environmental Protection and Florida Department of Agriculture and Consumer Services (DACS). Contractors will comply with all applicable permits. Supervisors must obtain a DACS license in the category of the area they are working which may include Natural Areas Weed Management or Aquatic Pest Control categories. IV. Work Breakdown Structure A. Project Management, Supervision and Ground Crew The site manager for the District and Contractor shall manage each project. The District's site manager shall provide sole direction during the completion of the Work Order. 1. Prior to the commencement of work specified in any Work Order, the District's Site Manager or Project Manager and Contractor's Project Manager or representative must meet on site to discuss the details of the Work Order in order to ensure that the Contractor clearly understands the District's expectations. Details may include but are not limited to, property boundaries, target species, herbicide(s) types and rates, method(s) of application, number of crews and equipment needed. Details will be provided on an Initiation Form. 2. The Contractor's Project Manager shall be responsible for the technical quality, staff coordination and adherence to cost and time schedules. The Contractor's Project Manager shall also assure the necessary coordination of each project, keeping deadlines in perspective and controlling all costs. Page 2 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2572- 12/11/2012 Item 16.A.27. The Contractor understands that all access is to be solely from the District's Right of Way. Prior to commencing work the Contractor shall complete an Application for Key Permit, Online at www.sfwmd.gov and adhere to the terms of said permit. Also, the Contractor shall provide a deposit for each key issued. Deposits for key(s) will be refunded upon return of the key(s) to the issuing agent. The Contractor is also liable for any locks that are missing during operations. The Contractor will be invoiced at the current replacement cost for each missing lock. 4. The Contractor is responsible for the safety of their staff at all times. The Contractor shall be required to maintain a minimum of three (3) Ground Crew Supervisors for this Contract. Each ground crew Supervisor shall possess the following qualifications: • knowledge and at least one (1) year of substantial experience in plant identification and current control technologies for invasive exotic plants common to South Florida including all species on the latest version of the Florida Exotic Pest Plant Council's list of invasive species; • maintain valid Florida Department of Agriculture and Consumer Services certification in the Aquatics and /or Natural Areas categories; • knowledge of data and record keeping; • ability to operate GPS receiver and collect spatial data; • ability to work under adverse physical and weather conditions, including high humidity and temperature; • knowledge of poisonous plants and animals, biting insects, and hostile terrain; • ability to operate and conduct field maintenance of vehicles, spray and other equipment; and to recognize and avoid hazards associated with equipment operation. • It is essential that the supervisor be aware of the potential impacts and liabilities of misapplication of herbicide and how to avoid them. 6. The Contractor shall assign a Supervisor(s) to each project Work Order who shall be on -site at all times during control operations until project completion. The Supervisor shall be responsible for the following: • coordinating with the District program site manager on a daily or weekly basis; • ensuring availability and compliance with all appropriate herbicide labels, laws, regulations & permits; • assuring equipment is safe and in proper working condition; • avoiding damage to all non- target species; • overseeing all control activities and safety on project sites; and • ensuring that all crew members, if applicable, are knowledgeable of and remain within the property and treatment boundaries and are able to communicate in a common language. The Contractor's Supervisor shall collect operational data and record it on the Daily Sheet(s) for that project. The Contractor will either submit the Daily Sheets to the Field Station weekly or enter data into Weeddar on a weekly basis. Page 3 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2573- 12/11/2012 Item 16.A.27. 8. The Contractor shall have the ability to provide personnel (ground crews) for direct application of herbicide and manual removal of exotic vegetation. One ground crew shall consist of a minimum of 5 laborers and no more than 15. B. Equipment, Materials and Specifications The Contractor shall be responsible for providing applicators with all supplies and equipment, including backpack sprayers and blowers, machetes, spray bottles, safety equipment, etc. The Contractor shall supply airboats, all- terrain vehicles and buggies to transport crews and supplies to and from treatment sites. The Contractor will supply GPS units, and communication equipment including cellular telephones. 2. The following equipment shall be required for the duration of the Contract. All equipment shall be listed in the Contractor's proposal and must be in good working condition throughout the performance of this Contract. a) Three (3) watercraft including at least 2 airboat(s), for crew transport and for spraying vegetation in canals, lakes and marsh areas. Airboat(s) must be capable of carrying at least 5 passengers plus required equipment when working in natural areas and capable of fitting at a minimum a 50 gal spray tank or injection system for aquatic operations. b) Three (3) 4X4 Pick -up trucks /SUVs /vans, must be capable of carrying at least 5 passengers plus required equipment when transporting work crews in natural areas and trucks capable of fitting at a minimum a 50 gal spray tank for spot treatment and broadcast application c) Two (2) ATVs or similar vehicle d) One (1) buggy, rubber tired, must be capable of carrying at least 5 passengers plus required equipment when working in natural areas and capable of fitting a spray tank for spot treatment and broadcast application. e) One (1) GPS unit per supervisorlapplicator, UTM compatible, a rnininiurn of 10 meter accuracy f) One (1) cellular phone per supervisor /applicator 3. Herbicides will be purchased by the Contractor when indicated on the Work Order and invoiced with no additional markup. The District will have the right to examine and sample the spray materials. In some cases, the District may furnish herbicides, adjuvants and specific recommended application rates. These materials may be picked up by the Contractor at the applicable District field station on an "as- needed" basis. The Contractor will have the right to examine and sample the spray materials. The District will consider alternative products or application rates recommended by the Contractor but reserves the right to determine the best approach. 4. While on the job site all herbicides and adjuvants must be kept with the supervisor /applicator at the treatment site or in a secured, ventilated and locked truck, trailer, or shed as close to the treatment site as practicable at all times in accordance with Chapter 403.161, 403.413, 403.708 F.S. and Chapter 487.031 F.S. All products shall be stored in containers that are in good condition and sealed to prevent spills. All containers shall be inspected daily for leaks, labeled Page 4 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2574- 12/11/2012 Item 16.A.27. to identify their contents and kept in a secure manner as to prevent the likelihood of leaks. The Contractor is responsible for keeping all empty containers in a secured ventilated and locked truck, trailer or shed. The Contractor is also responsible for any leaks, spills, environmental damage, or theft of materials from the job site and for reporting quantities to the Florida Department of Environmental Protection. C. Safety I. In performing the scope of work, all safety on or off the job site shall be the sole responsibility of the Contractor. The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work, including securing all herbicides from public access. The Contractor shall be responsible for protecting and safeguarding its employees and the general public in connection with the work and job site. The District shall not be responsible for safety on or off the job site. The Contactor must comply with all District safety standards. 2. In the event of an herbicide spill by the Contractor, the Contractor shall be the sole responsible party for reporting reportable quantities to the Florida Department of Environmental Protection and is liable for all damages and site remediation whether herbicide is provided by the Contractor or the District. 3. The Contractor shall be responsible for immediate work stoppage and clean -up operation in the event of any spill of herbicide, petroleum product or other hazardous material. The Contractor shall report any such incident to the District Project Manager immediately. 4. The Contractor shall also provide and ensure employees wear personal protective equipment in accordance with herbicide labels, and laws and follow equipment safety standards. Contractor shall require employees to wear uniforms consisting of at the contractor's company name at all times. All vehicles shall be labeled with the Contractor's name. 5. Pesticide product labeling is the primary method of communication between an herbicide manufacturer and the users and provides instructions on how to use the product safely and correctly. The Contractor must review and comply with all conditions set forth in the pesticide label. 6. Prior to the application of a pesticide with restrictions the District Project Manager will determine who will be responsible for notifying affected property owners and the public of any use restrictions listed on the labels of the products used. 7. In order to protect aquatic life, the Contractor shall be responsible for collecting the dissolved oxygen (DO) levels in canals and other water bodies prior to any aquatic application of herbicide. When DO levels are at 3.0 parts per million, ppm or below, at the time of treatment, the Contractor must stop operations until specific directions from the District Project Manager are given. Page 5 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2575- 12/11/2012 Item 16.A.27. 8. The Contractor shall be responsible for monitoring wind speeds and take all precautions to reduce drift. Wind speed regulation may apply due to label restrictions or Florida's Organo -Auxin Herbicide Rule 2006 which supersedes any less stringent District Policy. In cases without specific regulation the Contractor shall cease operations when wind exceeds 10 miles per hour until specific instructions are given by the District Project Manager. 9. The Contractor shall ensure that at all times during the course of this project there is a minimum supervisor to crew ratio of 1:15. Each site Supervisor must speak English, possess, show and carry their up to date pesticide license and be qualified to perform the exotic removal services. The Contractor's Site Supervisor shall also have in his/her possession a copy of the District's Work Order documents, map, Initiation Form, Daily sheets, herbicide labels and MSDS and pesticide license. 10. The Contractor shall have on site at all times, appropriate first -aid and spill kit(s). D. Treatment 1. The Contractor shall maintain aquatic /exotic vegetation at the lowest possible level at assigned locations, to provide access, prevent accumulation at structures, and maintain the integrity of natural areas and wetlands. Treatments are recorded in terms of total acres covered and a percent coverage of the target plants. 2. Work Orders will be issued from the District Procurement Department and must be executed by signature of both parties before work begins. The District Project Manager will provide an Initiation Form (attachment 3) which has additional details as to the scope of the individual work order including details of plants to be treated, herbicides, methods and no spray zones. It is the Contractor's responsibility to request clarification of the work requested if necessary. The monitoring /evaluation period for each Work Order shall begin on the date the Contractor is mobilized at the site to be treated and will continue until a sufficient time has passed for herbicide efficacy to be evaluated. The Contractor shall provide the District with Daily Progress Reports (DPR) that document the hours of operation, herbicide used, plant treated, coordinates of treatment location in UTM using DAD83 datum. 3. When the work takes place in waters of the State of Florida, the Contractor shall provide information on the DPR that will fulfill the Florida Fish and Wildlife Conservation Commission (FWC) report requirements. The information will be entered into Weeddar. The District will provide data on a monthly basis to FWC for permit compliance. 4. No work shall proceed without a DPR for the work site. The DPR will either be provided by the District Project Manager or field station staff. If the DPR is provided by the Project Manager the Contractor is responsible for all data entry into Weeddar on a weekly basis. If field station staff provides the DPR then the DPRs should be submitted to the field station weekly and District staff will enter the information into Weeddar. Page 6 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2576- 12/11/2012 Item 16.A.27. 5. Trees and debris must be prevented from falling into canals and adjacent private properties. If this occurs, work must cease until the tree or debris is immediately removed from the adjacent property or canals or any such area where it is not desirable. No tree should be treated and left standing if it is possible that it could fall into a waterbody or adjacent property at a later date. 6. It shall be the Contractor's responsibility to exercise caution in the vicinity of any utility. The Contractor shall be responsible for any damage done to any utility. The Contractor shall make a thorough search of the site for utilities, structures, etc., before work is commenced in any particular location. The Contractor shall not purposefully disrupt or disconnect any type of utility whatsoever. The Contractor shall be responsible for any other type of damage that occurs as a result of their activities. 7. All equipment shall arrive on District properties clean of any and all plant matter including spores and seeds. Precautionary steps must be taken with all boats, buggies, argos, field personnel attire and other equipment every time the equipment is moved between sites or within a site that has areas of high infestation. 8. Applications must be performed in such a manner as to protect non- target organisms, crops, the environment and the public. This includes taking into consideration and employing appropriate means necessary to reduce drift and observing District practices regarding DO levels, and adequately measuring and recording wild velocities. 9. The Contractor shall be responsible, to the satisfaction of the District, for the restoration or replacement of all native vegetation and property damaged as a result of any negligent activity by the Contractor. 10. The Contractor shall be responsible for compliance with all Federal and State laws regarding protected species including but not limited to the Endangered Species Act, The Contractor shall not harass or injure any native wildlife. The Contractor shall also be aware and prevent damage to any rare or endangered native plants including but not limited to the Okeechobee Gourd. When working in an area where these species may be present the Contractor must follow any established restrictions including those of U.S. Fish and Wildlife Service (USFWS) and FWC. 11. The plant species to be treated under the Contract include but are not limited to all species listed on the current Florida Exotic Pest Plant Council's (FLEPPC) lists and all prohibited plants. Problem plants are grouped into two major categories: aquatic and terrestrial. Aquatic plants include floating plants, submersed plants and emergent plants. Terrestrial plants include ditch bank, fence line, right of way plants, and those found in natural upland communities. Most of the target species are invasive to Florida but depending on where they grow native plants can cause problems including blockage of water movement in canals and destabilization of canal banks and levees. Treatment of nuisance native plants will only occur at the District's discretion. Page 7 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2577- 12/11/2012 Item 16.A.27. a) Floating Aquatic plants are not rooted into the soil, but are free - floating being moved around by wind and water currents. Examples include water hyacinth and water lettuce. b) Submersed aquatic vegetation (SAV) is rooted into the soil of water bodies and grows toward the surface of the water and sometimes extending a short distance out of the water. Examples include hydrilla, hygrophilla, Illinois pondweed. c) Emergent aquatic weeds are rooted in the soil with their leaves extending above the surface of the water. Examples include cattail, spatterdock and aquatic grasses, d) Ditch bank vegetation generally is terrestrial in habit although some species extend their rhizomes into the water body. Ditch bank refers to the portion from the water's edge to top of bank. Examples include grasses, Brazilian pepper and phragmities. e) Fence line vegetation is a subset of terrestrial vegetation and includes any plants growing near fences, guardrails and gates. f) Terrestrial and wetland invasive exotics are non- native plants that invade uplands and wetlands primarily in natural communities of conservation lands. Examples include Brazilian pepper, melaleuca, Australian pine, shoebutton ardisia, lead tree, and lygodium. 12. The District will provide treatment objectives on the Initiation Form based on any local knowledge or other restrictions that may be applicable to the specific project location prior to the commencement of the work. The District's vegetation management goals and objectives are further detailed in the Standard Operating Procedure manual. 13. Target vegetation is site and work order specific and is primarily determined by the District's Project/Site Manager. The District will set priorities of which species to be treated although the long term goal is to remove all FLEPPC listed invasive exotics. If the Contractor is unclear if a particular species should be treated they should contact the District's Project Manager. 14. Control methods being used for nuisance plants are listed below. Further description of these methods can be found in the University of Florida IFAS publication SP242 (Control of Non - native Plants in Natural Areas of Florida). 15. Aquatic Applications: a) Foliar: herbicide is diluted in water and applied to leaves using backpack, spray tanks, direct metering and computer assisted sprayers. Application may be directed to achieve selectivity or broadcast. Page 8 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2578- 12/11/2012 Item 16.A.27. b) Submersed: using both liquid and granular formulations, with drop hoses, centrifugal spreaders and blowers. 16. Upland and Natural areas applications: a) Manual removal: Includes hand pulling, and using chainsaws or machete to cut and pile targeted vegetation. Seedlings may be hand- pulled in an effort to minimize the impact of herbicides on non - target vegetation. Pulled seedlings should be left where roots do not come in contact with the soil to reduce the possibility of re growth. b) Foliar: Herbicide is diluted in water and applied to leaves using backpack and spray - bottles. Application may be directed to achieve selectivity or broadcast. c) Stump treatment: After felling vegetation, herbicide is sprayed onto the cut stump surface. Large trees will not be felled unless instructed by the District Project Manager. d) Basal bark: Herbicide is applied, with a backpack or spray bottle directly to the bark around the circumference of each stem/trees. Herbicide must be in oil- soluble formulation. e) Frill and girdle (aka hack and squirt): Cuts into the cambium are made completely around the circumference of the stem /tree no higher than one foot off the ground and herbicide is applied completely around the girdle. f) Soil applications: Granular formulations can be applied by hand held spreaders or specially designed blowers. Water soluble or water dispersible formulations can be applied with the same type of application equipment described for foliar applications. 16. All methods listed above have been found to be effective under certain circumstances. However many factors can affect the performance of an herbicide application and results can vary. Choice of application method, herbicide and rate for individual species depends on environmental conditions and personal experience. Marker dyers are useful and may be used to keep track of what vegetation has been treated when making applications to a larger number of trees or stumps. Treatment methods will be determined by the District's Project Manager on a case by case basis. The Contractor may use herbicides and methods other than those listed on the Initiation Form only with prior approval of the District's Project Manager. 17. The Contractor shall have full responsibility for systematically treating the areas indicated. If the minimum acceptable performance is not achieved for any area of the project within a reasonable time frame following project completion, additional thorough treatment of the target plant(s) shall be the responsibility of the Contractor at no cost to the District. A reasonable time frame is dependent upon species targeted, mode of action of treatment, herbicide, site and weather conditions. Areas not treated or not responding to treatment may require Page 9 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2579- 12/11/2012 Item 16.A.27. retreatment, at the Contractor's expense, if the District determines that the Contractor provided faulty treatment measures or products. 18. Minimum acceptable performance is defined as 100% treatment of the targeted vegetation within the boundaries of the treatment site with at least 90% control of targeted vegetation within the timeframe of the herbicide manufacturers recommended period for control. There will be times when an applicator will miss a few of the target plants, for various reasons; however, every effort must be made to treat every targeted plant. 19. The Contractor's crew supervisors must at all times be onsite, and have a working GPS unit and cellular phone. 20. The Contractor may also provide crews for planting desirable native vegetation in areas previously treated. This will require crews to provide equipment for removing vegetation and for replanting that vegetation in a desirable location. This will require the Contractor to provide all tools and equipment for this service. E. Data Collection & Management 1. The Supervisor shall be responsible for collecting the following data and recording it on DPR(s): treatment date, weather conditions, location including easting and northing (UTM), acres covered, target plant density category, herbicide rate and amount used, hours worked by category, wind measurements, DO and application method. 2. Upon completion of the treatments the Contractor shall verify the data and sign the form(s). An original copy of the DPR shall be submitted to the District with the invoice. 3. The Contractor shall enter all DPRs into Weeddar weekly unless provided by a field station. Weeddar will be accepsable from w- NNrw.ceipzone.or . The District shall provide one time training and a manual for Weeddar use. Each Contractor shall appoint one employee to be the point of contact for Weeddar. This person shall coordinate all Weeddar correspondence with the District. The District may limit the number of Weeddar users for each Contractor for quality control. F. Deliverables Treatment of undesirable plants or planting desirable plants. Completed Daily Progress Reports and Weeddar entry, unless entered by Field Station. There will be a minimum on one DPR per species per site per day. Map of completed area will be provided to Project Manager. Page 10 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2580- 12/11/2012 Item 16.A.27. G. Invoices Invoices are to be submitted to the District, within five working days after the end of the month. Invoices shall include a summary of all data collected and completed District forms for the billing period. One billing period consist of one full month. Invoices must not overlap between two months. A monthly invoice package for each PO will be provided to Vegetation Management, Accounts Payable and Procurement will include: • Invoice which includes the following information: billing month and year, invoice date, vendor name, PO number, tracking number, location, contact number, breakdown of charges, and due date. • Weeddar Asset Report by contractor tracking number • Daily Progress Reports in sequential order (not required for Accounts Payable) • SBE utilization report (if applicable) • Herbicide invoices (if applicable) Page 1 I of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2581- 12/11/2012 Item 16.A.27. Hilis- y i 1:4srtat a N,, ^d _ rorr De c 0.c .nma r.a.'3 soda ' I _ L3ic 1_ r ar Ott Glades otexn xe r 1 � - �eOch CJrr.ae � - Aoiwt JMMn ft" NleT dry _ ftky Sam Horan f El- -Collier r 'f Gulf of x 1 -�� �, AWN Meyaco k ) � I rti ^,'tlr I = rlamruoe � . I it 0 Project Lands STAB Ever�liad�s' Park }` Kay Win Page 12 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2582- v 12/11/2012 Item 16.A.27. ATTACHMENT 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Oz:e Mw DAILY PROGRESS REPORT FOR VEGETATION MANAGEMENT Mw Oil TRTMT TASK # FUND AREA FUNDED PROG FUNCTIONAL LOCATION CONTRACTOR Tracking No 4197484 NK VM 02 2024D0 511? CKGI MPANY NAME: EFFECTIVE TRAVEL LOST SURVEYI PLANNING TOTAL RESOURCES TIME TIME TIME INSPECTION PREPARATION TIME UPERVISOR4600000981 ABORER 6600000981 SUB TOTAL WIND MEASUREMENTS CONTRACTOR PERSONNEL Da;e MAR-0--, 15ACa2 'age o: DEPPROGRAM: Elieetive Time Tra ve! Time ''; ihicle Travel Time ° an: _sl Twe A,ca:he- M iDr Repa. r5 C;MerDuties:Ids_e aneauS Nc ldav r Leave DEP PROGRAM ONLY WATE-- EC.DY NA14E, COMMENTS (weather: etc.): Survey, lns; ectnn 'reparation Reaxa rg "biuuctioni Acrimistrative Ptainin EOUIPMENT & EQUIPMENT HOURS: EQUIPMENT & EQUIPMENT HOURS: UMW GZZLE I = RESSU4c Agency Represewative Contractar Rioresellt;t v. M X NG, SPRAYING. & R11`6EATE. -. = ?L EC 01.1 SITE 0= ACRES CONTROL_ED ■■i■ ice; Comp eted Imo. - -I_I ' —j Da;e MAR-0--, 15ACa2 'age o: DEPPROGRAM: Elieetive Time Tra ve! Time ''; ihicle Travel Time ° an: _sl Twe A,ca:he- M iDr Repa. r5 C;MerDuties:Ids_e aneauS Nc ldav r Leave DEP PROGRAM ONLY WATE-- EC.DY NA14E, COMMENTS (weather: etc.): Survey, lns; ectnn 'reparation Reaxa rg "biuuctioni Acrimistrative Ptainin EOUIPMENT & EQUIPMENT HOURS: EQUIPMENT & EQUIPMENT HOURS: UMW GZZLE I = RESSU4c Agency Represewative Contractar Rioresellt;t v. M X NG, SPRAYING. & R11`6EATE. -. = ?L EC 01.1 SITE 0= ACRES CONTROL_ED Page 13 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2583- 12/11/2012 Item 16.A.27. V40#: 41Z-74,24 Supervisor: Location: WK- 2.C1 -G4? Da':um: NAOS3 Zone: t_ Date: Loeal a':M aDa01a0 Eaotln0 A9rnlrp coplar PNIr•aN F �ryOOn P.a71uc Cowed AW6100 O.-rage ca1M00�' thnloar 01 Ptantc Traalrooa: Yatn00 CnamtWl or WA,, Rata pore UaR Ali. �eY Yola UMI Ca[traotor i0tal UO'1 Fa•;e - -- v '-� --- Page 14 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2584- 12/11/2012 Item 16.A.27. ATTACHMENT 3 Plei -i T3I,_ id EinhU 'oD}�e! -ed F ;D. a so �� tee:,:t�; an M i9i� _�n- :c� alii� � ri � :t I]p?'f don 'Sec LtD:2 ar 1-- 13rlau' +ire 5ham:i m I,` 1, :.I3'1rtiI ::� °_•fTS c�iE.� V Imo'. PREi� E: ELI ETI ..,, . - OFJ•:: LOr.ATTC '':i '-.0 iT.iCT4 :Ftr: ter. _ %1 ?=mac it'4 C cr4:"jvt:+-r 4•tiO77K -L II0 :: , FIC, STD G: I 7L- h 1 .1,�.- _ uit5� ':7�'ilSA? �Li. �tJ �L:'{ i. !'��� -��v�� t �� 3.� .'r'7.� ✓�.t"L:�.T�.E' 2' �•l.`.r� Z:.GL� �.�. i . '? �L'L� .?�L M71 ' ❑ L'EJ ❑ NO IF'_'ES. --4S E ".4 S HE _A BEENN 0T' .z.: -EI-" ❑ Y ES �' CF :E :"_ -TED "I E: CREW Page 15 of 16, Exhibit "C ", Contract No. 4600002497 Packet Page -2585- 12/11/2012 Item 16.A.27. Q=ANIE- SPECIA'— T � 7-IREATEN-ED, END-�U�,&FFID GR 1017. IE-",- �P,-K�.LE-J 'E 3. ��O S 2-FAY 20% S P H 'SITE'S ARGET S- CIES f.c=d k; '--Jl;trict Yr.:-jo:-•t I 27L Nf E TI-DID 15 'MR, B] C Z (E ADDHEZ�KAIL Page 16 of 16, Exhibit "C", Contract No. 4600002497 Packet Page -2586- w EM 0 V N O rn V o_ 12/11/2012 Item 16.A.27. 0 n 0 e o o a O a CL .�i d n d f7 Oi O Z= rt �C •1 d 0 O O w rd.. O GZi m 03 M N Z 3 M a M B C/) r co 3 O D CL < M . co M m p o -+ N 7 3 m al cl 0 0 y n rt N M n 0 O �-' 3 to M CD m cr 0 a N to N n 3 N rt O ' O 3 0 "" 3 o 3 K O S O n 0 O m o 3 m CD I Z m a a 3 e v o to 0 us m .• C y 3 M . O -ti O a ra O � a , f I =� Vj W 7 O D � 3 ^ 3 ^ -+ v) Q) .A, n 0 v m o 3 v S O 0 C pl O .n•. O O fD c .. Z 3 a 3 3 Q co 3 o `,° CD o a o M a c r 3 'o A 3 D v� d� o 3 T cn A o N 0 X N O p j c m m m ui v m o ^ m O o a I d I W n z x 3 c e II 3 0 CD 1 3 M ?. Packet Page -2587- o ,�HFLOR��9 A M a) M m� cn C cr 0 0 :3 O � O O� not a ! D M �. ;o w z o� M L1 cn O� 'n 0 N co N 0 0 -a co CD O 12/11/2012 Item 16.A.27. 0— o n n n n D .�. CD a3 '^ � � n �. n =w CD Z .+ ai N CD 0 O O p = Z 61 3 d y v y z O m N y !D D 3^ CO) 3 a m O a < N W Z a. y o �o 0 rt Ol K � O 7 N 0 1 7 Z y n C CD v O o O y rc m = m CD I c caD 0 7 N o. cp P.O. t0 O 0 h a o 01 0 7r 0 O n m 0 CL 3 iw z m -3 -f co cD 0 m D to m `o 2. et 0 O m U3 v � � 1 y' ID _ o D 33 ?0 c ^� ^� W .A, 0 d co m O = N 7 O C) m — o d o- z fl -i _ cD p 7 A i C 3 .�. a d o C 3 V m w 'O M o M M ro z c Oa �, a ocr M D N f1 O � c d_ od y a Z n v v_ 9 u 1 v C CD 0 m n z " o z 3 3 m CD 0 3 z . fl, 7 P M a o Packet Page -2588- o 1NF�n�Uq h . �0 tn3�Q � m m =_: T W ■ T V cr 0 O r-h c T rMoL O O� MMI D D M z .O. m M X z (D 2 13 -i o� i EXHIBIT "H" 12/11/2012 Item 16.A.27. _NSURANCE REQUIREMEN l In accordance with Article 5 of this CONTRACT, the information listed in this Exhibit "H" defines the various types and limits of insurance the CONTRACTING PARTY is required to maintain during performance of work identified under the applicable Statement Work for the term of this CONTRACT. Unless otherwise specified, the DISTRICT shall be named and included as an additional insured under all required insurance policies, excluding workers' compensation and professional liability. The DISTRICT shall also be identified as the certificate holder on all certificates of insurance. The general liability, automobile liability and all other coverages, as appropriate, shall be no more restrictive than the latest editions of the Insurance Services Office (ISO). Each line of coverage and specific endorsements are the types of insurance required. The minimum limit of insurance required is also identified. The limit is "per occurrence ", combined single limit for personal injury, bodily injury and property damage. The DISTRICT may require a separate project aggregate depending on the type of work being performed. The applicable Contract Number and designated Contract Administrator identified on the cover page of this CONTRACT shall also be specified on the Certificate. South Florida Water Management District is to be named as Additional Insured for General Liability and Auto Liability Coverage. When the contract requires aircraft and /or environmental Impairment Liability, the South Florida Water Management District is to be named as an Additional Insured for those items also. GENERAL LIABILITY COMPREHENSIVE FORM OCCURRENCE FORM PREMISES / OPERATIONS DELETE XCU EXCLUSION PRODUCTS / COMPLETED CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY PERSONAL INJURY WATERCRAFT POLLUTION JTOMOBILE LIABILITY ANY AUTO OWNED NON -OWNED WORKERS COMPENSATION AND EMPLOYER'S LIABILITY Coverage: Limit: $1,000,000 $500,000 Statutory $100,000 each accident $100,000 disease -each employee $500,000 disease policy limit The attached Certificate of Insurance Form is preferable to the District, however the Acord Form is acceptable. Page I of 2, Exhibit "H ", Contract No. 4600002497 Packet Page -2589- SFWMD Additional Insured SFWMD Additional Insured SEA�'q SOUTH FLORIDA WATER MANAGEMENT D-� - -- 12/11/2012 Item 16.A.27. 3301 Gun Club R 3, West Palm Beach, FL 33406 (5( 686 - 881.., EXHIBIT 661" Rev 1123 10 Page 1 of 1, Exhibit "I", Contract No. 4600002497 Packet Page -2590- ZM SFWMD Project Manager: Ellen Donlan WORK ORDER NO: Phone:561 682 -6130 Email: edonian @sfmwd.gov SAP PO REFERENCE NO: SFWMD Contract Specialist: Donna Lavery Must be referenced on invoices Phone:561 682 -6420 Email: dlavery@sfwmd.gov Firm Name: Applied Aquatic Management, Inc. Firm's Project Manager: PJ Myers Address: P.O. Box 2469 Phone: 863 534 -8882 City /State /Zip: Eagle Lake, FL 33839 -1469 Email: Stephanie @app liedaquaticmgmt.com Fax: 863 534 -3322 In accordance with Contract No.4600002497, dated for vegetation control, the South Florida Water Management District hereby directs the firm to perform the services for the project as described below for the amount specified below. 1. Work Order Start Date: 2. Completion Date: 3. Work Order Type & Funding: Not To Exceed ❑ Time & Materials /Not -to- Exceed ❑ Fixed ❑ Current FY _$ Total Work Order Amount:$ PR# *Multi -Year Funding: ❑ Yes ❑ No FY Amount $ FY Amount $ FY Amount $ *Subject to Governing Board Budgetary Appropriation for each Fiscal Year — see Article 2.2 of Exhibit "B" 4. Small Business Enterprise (SBE) Participation: SBE Contract Participation Goal: % ❑ N/A New subcontractor proposed for this Work Order? SBE Utilization for this Work Order: % ❑ NIA Select one: ❑ YES ❑ NO Subcontractor Name(s): Name: Accepted by: Procurement SBE Section Date For District Use Only: Review Date (Over $500K) Signature of Firm: SFWMD Approval: CS Initial Accepted by: Accepted by: Authorized Representative Procurement Representative Title: Title: Date: Date: Rev 1123 10 Page 1 of 1, Exhibit "I", Contract No. 4600002497 Packet Page -2590- ZM Positions 12/11/2012 Item 16.A.27. EXHIBIT "L" RATESCHEDULE Loaded Hourly Labor Rate Licensed Applicator /Supervisor $56.50 Laborer $22.00 Hourly rates shall include: average pay rate, benefit costs, insurance, WEEDAR database envy, equipment (transport trucks, airboats, ATV, spray and communication equipment, back packs, machetes, spray bottle, and all other safety equipment) and all other components of the hourly rates. All pricing of labor shall exclude sales and use taxes at both the State and Federal levels since the District is exempt from payment of such taxes. Page 1 of 1, Exhibit 'T", Contract No. 4600002497 Packet Page -2591- Scoring & Final Ranking Report for RFP 6000000458 Paize 1 of 1 12/11/2012 Item 16.A.27. Scoring & Final Ranking Report for RFP 6000000458 Issue Date: 04/18/2011 Type: Standard Title: Ground Application Services for Aquatic, Wetland and Terrestial Vegetation Control Description: This purpose of this RFP is to solicit technical and cost proposals from qualified respondents able to providing crews, equipment, herbicide and supplies for treating aquatic, wetland and terrestrial vegetation using various ground application methods. Vegetation will be treated in natural areas within the boundaries of the District, on District lands or those of agency partners, including the Water Conservation Areas and Lake Okeechobee. Treatment will occur in canals, on levees and around structures of the Central and Southern Florida Flood Control District as well as the interconnecting Kissimmee and Alligator chain -of- lakes. Work Order Contracts resulting from this solicitation will be for a three year period with two one -year renewal options. Required Comments / Threshold: Yes / 80% Max Contract Specialist Points / Technical Points: 25 / 75 CSTYLIAN DIOHNSO ]SCHUETT MBODLE RNUTTER Orals Vendor Name CS Score � S IP S IP S IP S IP S IP Applied Y Aquatic 17 79 2 89 1 71 2 87 1 90 2 Management, i Inc. Lake & Y Wetland 25 80 1 79 2 53 8 83 2 90 2 Management Y Earth Balance 24 78 3 74 4 z 71 2 70 7 l 91 1 Florida Best Y 23 ' j 72 4 54 8 77 1 78 3 70 7 Inc. , Aquatic Y Vegetation 8 63 7 77 3 59 5 75 4 81 5 Control, Inc. i Aquatic Plant i � N Management, 15 68 5 70 6 64 4 75 4 63 10 Inc. N Clarke Aquatic 15 64 6 71 5 ' 55 7 70 7 76 6 Services Inc., N Aquagenix 15 58 9 55 7 i 58 6 72 6 87 4 N Croazpoza Bros, ' 15 60 8 151 9 I 52 9 67 10 67 8 N Rick Richards, 24 I 53 10 31 11 42 10 68 9 66 9 Inc. Walker Exotic I N Tree 24 52 11 34 10 42 10 67 10 51 it Eradication Total Final S IP Rank 416 8 1 385 15 2 384 17 ( 3 351 23 4 355 24 5 340 29 6 336 31 7 330 32 8 297 44 9 260 49 10 246 52 it Packet Page -2592 - https: / /my. sfwmd.gov /portal/ page / portal /pg _grp_rfp_ scoring /pg_rfp_scoring_md_ranking... 8/19/2011 12/11/2012 Item 16.A.27. Cooperative Governmental / Consortium Agreement Form ( "Piggyback ") Collier County Solicitation Reference: County #13 -6021 / SFWMD Contract #46000002497 for "Ground Application Services for Aquatic, Wetland and Terrestrial Vegetation Control" Vendor(s): Applied Aquatic Management, Inc. Lake and Wetland Management, Inc. EarthBalance Corp., Florida Best Inc and Aquatic Vegetation Control. Items Information Description Reviewed (Allowable per BCC Purchasing Policy XIV.B "best interest.of the County ") 1. Sponsor Agency South Florida Water Management District 2. Sponsor Agency Donna Lavery, Contract Specialist (561) 682 -6420 Contact 3, Web Site (if www.sfwmdgov applicable) 4. Award Date October 1, 2011 5. Scope of Services This purpose of this RFP is to solicit technical and cost proposals from qualified respondents able to providing crews, equipment, herbicide and supplies for treating aquatic, wetland and terrestrial vegetation using various ground application methods. Vegetation will be treated in natural areas within the boundaries of the District, on District lands or those of agency partners, including the Water Conservation Areas and Lake Okeechobee. Treatment will occur in canals, on levees and around structures of the Central and Southern Florida Flood Control District as well as the interconnecting Kissimmee and Alligator chain -of- lakes. This contract will be for a three year period with two one -year renewal options. 6. 1 Expiration Date September 30. 2014 7. Renewal Options 2 one year renewal options 8. Piggyback Clause Yes, Exhibit A, Page 1 (in solicitation or contract) 9. Competitive Event RFP with 11 vendors submitted proposals, 5 firms were awarded contracts. 10. Competition 11 vendors submitted proposals, 5 firms were awarded contracts. Summary 11. RFP Ranking Sheet Attached 12. Vendors Awarded Applied Aquatic Management, Inc., Lake and Wetland Management, Inc. EarthBalance Corp., Florida Best Inc and Aquatic Vegetation Control. 13. Attached Contract, Solicitation, Posting Notice, Scoring Sheet, Notice of Award Documents for County Attorney 14. Anticipated County $300,000 Annual S end 15. Rationale for Use Solicited through the South Water Management District; solicitation sales volume netted price savings for the County given the number of public agencies participating; consistent pricing; reduced the number of staff hours and vendor dollars in putting together a response to a specific Collier County solicitation. Purchase order is the buying mechanism. The Purchasing staff certifies that the attached contract for 46000002497 was competitively solicited by the South Florida Water Management District according to the Board's Purchasing Policy XIV B and that the terms and conditions of the purchase are competitive in the market and favorable to the County. Professional review and approval) (Date) / General Services Direc;(d qb' and approval) Packet Page -2593- (Date)