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Agenda 01/08/2019 Item #16D 701/08/2019 EXECUTIVE SUMMARY Recommendation to award six (6) Agreements for Request For Qualifications (RFQ) # 18-7459 “Exotic Vegetation Removal” to multiple vendors and authorize the Chairman to execute the Agreements. OBJECTIVE: To maintain qualified firms under contract for exotic vegetation removal throughout Collier County. CONSIDERATIONS: Various County Departments have a need for exotic vegetation removal services within County owned natural resource areas. In conjunction with staff from the Parks and Rec reation Division, the Procurement Services Division developed the requirements and specifications for RFQ #18- 7459. Divisions shall use this contract in the following manner: For work less than $25,000: the department shall select one (1) of the vendors on contract or quote out the work among all the vendors on contract. For work greater than $25,000 and less than $200,000: the department shall quote out the work among all the vendors on contract or conduct a separate new solicitation. For work that may exceed $200,000: the department shall quote out work among all the vendors on contract and obtain approval from the Board of County Commissioners (Board) or conduct a separate new solicitation. On August 9, 2018, the Procurement Services Division released RFQ #18-7459 to 3,092 vendors for Exotic Vegetation Removal. Interested vendors downloaded eighty (80) bid packages, and the County received nine proposals by the September 10, 2018 deadline. A selection committee meeting was held on October 8, 2018, and staff is recommending awarding contracts to all six responsive and responsible vendors. Three firms were determined to be non-responsive/responsible. Company Name City County State Rank Responsive/Responsible Earth Tech Environmental, LLC Bonita Springs Lee FL 1 Y/Y Earth Balance Corporation North Port Charlotte FL 2 Y/Y Environmental Restoration Consultants, Inc. Fort Lauderdale Broward FL 3 Y/Y DeAngelo Brothers, LLC d/b/a Aquagenix Fort Myers Lee FL 4 Y/Y Peninsula Improvement Corporation d/b/a Collier Environmental Services Naples Collier FL 5 Y/Y A+ Environmental Restoration, LLC Arcadia DeSoto FL 6 Y/Y Milborne, LLC Miami Beach Dade FL Non-Responsive N/N Superior Fort Myers Lee FL Non-Responsive N/N 16.D.7 Packet Pg. 1433 01/08/2019 Landscaping Lawn Service, Inc Signature Tree Care, LLC Naples Collier FL Non-Responsive N/N FISCAL IMPACT: Funds for exotic vegetation removal are budgeted in the Conservation Collier Operating Budget in Fund (174) and other user division cost centers. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award six (6) Agreements for Request for Qualifica tions (RFQ) #18-7459, “Exotic Vegetation Removal” to the following firms: Earth Tech Environmental, LLC; EarthBalance Corporation; Environmental Restoration Consultants, Inc.; DeAngelo Brothers, LLC d/b/a Aquagenix; Peninsula Improvement Corporation d/b/a Collier Environmental Services; A+ Environmental Restoration, LLC and authorize the Chairman to sign the attached contracts. Prepared By: Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Division ATTACHMENT(S) 1. 18-7459 Solicitation (PDF) 2. 18-7459 FinalRanking (PDF) 3. 18-7459-NORA (PDF) 4. (linked) 18-7459 A+Environmental_proposal (PDF) 5. (linked) 18-7459 A+Environmental_Contract_VendorSigned (PDF) 6. 18-7459 A+Environmental_Insurance_11-28-18 (PDF) 7. (linked) 18-7459 DeAngeloBrothers-dba-Aquagenix_proposal (PDF) 8. (linked) 18-7459 DeAngeloBrothers-dba-Aguagenix_Contract_VendorSigned (PDF) 9. 18-7459 DeAngeloBrothers-dba-Aquagenix_Insurance_11-27-18 (PDF) 10. (linked) 18-7459 EarthBalanceCorp_proposal (PDF) 11. (linked) 18-7459 EarthBalanceCorp_Contract_VendorSigned (PDF) 12. 18-7459 EarthBalanceCorp_Insurance_11-29-18 (PDF) 13. (linked) 18-7459 EarthTechEnvironmental_proposal (PDF) 14. (linked) 18-7459 EarthTechEnvironmental_Contract_VendorSigned (PDF) 15. 18-7459 EarthTechEnvironmental_Insurance_11-26-18(PDF) 16. (linked) 18-7459 EnvironmentalRest_proposal (PDF) 17. (linked) 18-7459 EnvironmentalRest_Contract_VendorSigned (PDF) 18. 18-7459 EnvironmentalRest_Insurance_11-28-18 (PDF) 19. (linked) 18-7459 PeninsulaImprovement_proposal (PDF) 20. (linked) 18-7459 PeninsulaImprovement_Contract_VendorSigned (PDF) 21. 18-7459 PeninsulaImprovement_Insurance_12-11-18 (PDF) 16.D.7 Packet Pg. 1434 01/08/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doc ID: 7558 Item Summary: Recommendation to award six (6) Agreements for Request For Qualifications (RFQ) #18-7459 “Exotic Vegetation Removal” to multiple vendors and authorize the Chairman to execute the Agreements. Meeting Date: 01/08/2019 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 12/10/2018 12:21 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 12/10/2018 12:21 PM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 12/10/2018 12:50 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 12/10/2018 1:57 PM Procurement Services Sandra Herrera Additional Reviewer Completed 12/10/2018 2:02 PM Procurement Services Kristofer Lopez Additional Reviewer Completed 12/10/2018 3:12 PM Procurement Services Ted Coyman Additional Reviewer Completed 12/11/2018 12:39 PM Procurement Services Swainson Hall Additional Reviewer Completed 12/12/2018 4:51 PM Parks & Recreation Barry Williams Additional Reviewer Completed 12/18/2018 2:47 PM Public Services Department Kimberley Grant Level 1 Reviewer Completed 12/18/2018 3:16 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 12/18/2018 4:01 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 12/18/2018 4:56 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/20/2018 1:35 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/20/2018 1:58 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/21/2018 8:48 AM County Attorney's Office Emily Pepin CAO Preview Completed 12/21/2018 11:16 AM Budget and Management Office Ed Finn Additional Reviewer Completed 12/28/2018 11:30 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/31/2018 10:52 AM 16.D.7 Packet Pg. 1435 01/08/2019 Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM 16.D.7 Packet Pg. 1436 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR QUALIFICATION (RFQ) FOR EXOTIC VEGETATION REMOVAL SOLICITATION NO.: 18-7459 EVELYN COLON, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-2667 evelyn.colon@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.D.7.a Packet Pg. 1437 Attachment: 18-7459 Solicitation (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) SOLICITATION PUBLIC NOTICE REQUEST FOR QUALIFICATION (RFQ) NUMBER: 18-7459 PROJECT TITLE: Exotic Vegetation Removal LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 RFQ OPENING DAY/DATE/TIME: SEPTEMBER 10, 2018 AT 3:00PM PLACE OF RFQ OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Parks and Recreation Department (hereinafter, the “Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Qualification (hereinafter, “RFQ”) with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. The County reserves the right to select one or more supplier(s) and shall use the resultant contract in the following manner: • For work less than $25,000: the department shall select one of the vendors on contract or quote out the work among all the vendors on contract. • For work greater than $25,000 and less than $200,000: the department shall quote out the work among all the vendors on contract or conduct a separate new solicitation. • For work that may exceed $200,000: the department shall quote out work among all the vendors on contract and obtain approval from the Board of County commissioners or conduct a separate new solicitation. Historically, County departments have spent approximately $2,200,000 on the previous contract; however, this may not be indicative of future buying patterns. BACKGROUND Collier County owns many parcels of land that require, either by County ordinance or by federal/state agreements, exotic vege tation removal and maintenance. The removal and maintenance of this vegetation requires a large amount of labor, specialized knowledge of Southwest Florida plants, and training in the use of pesticides and their application. Private sector companies who speci alize in exotic plant removal can provide this service to Collier County departments cost effectively ; therefore, Collier County is seeking qualified companies through this RFQ. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options. . Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term the n in effect. DETAILED SCOPE OF WORK County departments are interested in receiving services for the removal of exotic and other nuisance vegetation by manual and mechanical methods including chemical and/or physical removal. Trees, bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc. and/or treated with chemicals, or removed by other methods depending on the requirements of the particular project and as directed by the County department. 16.D.7.a Packet Pg. 1438 Attachment: 18-7459 Solicitation (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State law, and the named awardee(s) must provide and maintain all applicable licenses during the duration of the resultant contract. Species to be removed during the duration of this contract include, but are not limited to: • Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC) invasive species list. • Any other undesirable species as directed by the project manager. Additionally, the supplier must: 1. Provide professional assistance determining the most effective methodology to remove exotic vegetation. 2. Not dispose of debris into waterways. 3. Provide per acre pricing proposals on each project as requested by the project manager. The County may seek price propos als from one, or all, vendors awarded on the contract (as described above). Price proposals must include description of the proj ect, location, description of the service to be provided and cost per acre. Vendors’ proposals must be detailed as described by the project manager and vendors’ invoices must match pricing proposals. 4. Coordinate with other selected vendor(s) to complete the job as directed by the project manager. 5. Provide the service so as not to damage or destroy native vegetation within the area of exotic treatment. Due caution must be given to the surrounding habitat. 6. Minimize disturbance to surface area. Replace damaged native vegetation according to County Code. 7. Provide equipment in good repair necessary to perform the described services in particular and the equipment necessary to complete related tasks. In the event that additional equipment (i.e. crane, bucket truck, ditch witch, etc.) is needed, the department must be notified in advance, for final appro val. The reimbursement of rental equipment expense shall be at cost, commencing when it arrives at the service site. The County reserves the right to request documentation of the Vendor’s cost and to with hold payments until documentation is provided. 8. Ensure that all equipment (i.e. owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to av oid transference, prior to entering the project site to commence work. Collier County staff reserve the right to inspect and app rove or deny the equipment from entering the project site prior to the commencement of the project. 9. Document pre-project existing conditions of project site and adjacent private property by photographs, video or other means at each work site, prior to commencement of any work, upon County’s request. 10. Restore any damages caused by the completion of this project to the documented pre-project condition. Should a damage dispute arise, and the vendor subsequently disputes the claim, it is the vendor’s resp onsibility to provide pre-project existing condition documentation. 11. Provide the department project manager with a written list of all herbicides, adjuvant, and diluents and their mixing ratios. 12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within the right -of-way and/or easements. All operations shall be in accordance with a Collier County’s Maintenance of Traffic Policy, #5807, Revised January 1, 2005, copies of which are available at: http://purchasing.colliergov.net/Vendors/Shared%20Documents/Maintenance%20of%20Traffic%20(MOT).pdf . A Maintenance of Traffic Plan shall be approved in writing by the Dep artment prior to the start of the project. Any equipment left in the right-of-way overnight shall be parked outside of the clear zone and as close as possible to the right-of-way line. No equipment shall be parked in the median regardless of the width of the median. 13. Inform the County department project manager of work location and proposed schedule. 14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and unsightly vegetation materials on a daily basis. Daily clean-up operation must include removal and proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval of project manager, to be determined in advance. Ruts made in the soil must be removed by the vendor. 15. Provide for a maximum of two (2) months, or less if directed by the project manager, mortality evaluation period from the substantial completion date noted in any order provided by the department to the vendor. The vendor shall demonstrate to the department that all exotic vegetation on site has been exterminated to the complete satisfaction of the department. Any re -growth of stumps or plants that were not eradicated shall be properly re-treated by the vendor at no additional expense to the department. Following this secondary re-treatment, there shall be a one (1) month, or less if directed by the project manager, mortality re - evaluation period to determine effectiveness of re-treatment. 16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day and include the last da y of such a period. If the last day of any such period falls on a Saturday or Sunday, or any County legal holiday, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 17. Maintain work hours Monday through Friday from 7AM – 5PM unless otherwise directed by the County department project manager. 18. Park vehicles and equipment in areas designated only by the County department and with prior permission of the project manage r. REQUEST FOR QUALIFICATION (RFQ) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored base d on the criteria in Grading Criteria for Development of Shortlist, which will be the basis for short-listing firms. 16.D.7.a Packet Pg. 1439 Attachment: 18-7459 Solicitation (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank the firms and recommend multiple firms to establish a library for services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after grading and before the final ranking. A contract will be developed with the selected firms, based on their qualifications and scope of services and submitted for approval by the Board of Count y Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Qualification selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the qualifications, discussion, and clarifying questions, and recommend multiple firms in a library for quoting services . GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.6 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 5 Points 2. Certified Minority Business Enterprise 5 Points 3. Firm’s Proven Experience 40 Points 4. Employee Experience 40 Points 5. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty -four (24) months prior to the RFQ submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. ---------------------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below: EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFQ. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO. 3: FIRMS PROVEN EXPERIENCE (40 Total Points) In this tab, please include: • The firm’s proven experience in providing exotic removal in natural areas. Provide information that documents your firm’s and subcontractors’ qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • List five natural area exotic vegetation projects completed within the last 5 years, that include chemical and mechanical removal and describe the firms experience as indicated below: 16.D.7.a Packet Pg. 1440 Attachment: 18-7459 Solicitation (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) List Current Projects in the Format Identified Below: Project Description (species, density, acreage, method of treatment, etc.) Start Date End Date Original Budget Final Project Cost Number of Change Orders Client name Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal. • Provide a listing of the clients identified in the table above. Collier County may select one or more contact names to serve as a reference for this scope of work. Information provided for each client shall include the following: o Client name, Client’s contact person’s name, address, email address and telephone number. o Brief description of whether the project met or exceeded the schedule outlined. • Provide as a part of their proposal, and in the name of the company, a valid State and County license(s) to perform chemical spraying and mechanical removal (All questions relating to license requirements should be directed to the Collier County Operations and Regulatory Management Division’s Contractor Licensing Section at (239) 252-2431): o A copy of the Collier County Landscape License, o A copy of the State of Florida Building Contractor or Underground and Excavation License, or o A copy of the Approved license according to Collier County Contractors Licensing Department. o A copy of the Florida Department of Agriculture and Consumer Services Commercial Applicator Pesticide License. • Submit no fewer than three (3) and no more than ten (10) completed reference forms from clients whose projects were completed within the last 5 years and were of a similar nature to this solicitation . EVALUATION CRITERIA NO. 4: EMPLOYEE EXPERIENCE (40 Total Points) In this tab, please include: • Attach brief resumes of individuals who will be involved in the removal of exotic vegetation. Include the number of years of experience in natural area exotic removal, education and training and certifications for: o Development of removal plans (professional staff such as arborists, biologists, estimators), o Coordination and oversight of removal (i.e. project leaders and crew supervisors), coordination and management of the total package of services, as well as the delivery of specific services. o Application of Restricted Use Pesticides in Florida (project leaders and crew supervisors). EVALUATION CRITERIA NO. 5: LOCAL VENDOR PREFERENCE (10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector prior to proposal submission to do business within Collier County, and that identifies the business with a permanen t physical business address located within the limits of Collier or Lee County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. 16.D.7.a Packet Pg. 1441 Attachment: 18-7459 Solicitation (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) Selection Committee Final Ranking Sheet RFQ #: 18-7459 Title: Exotic Vegetation Removal Name of Firm Melissa Hennig Pawel Brzeski Nancy Olson Christal Segura Lisa Jacob Total Selection Committee Final Rank Earth Tech Environmental, LLC 1 1 1 1 1 5 1 Earth Balance 2 2 2 2 2 10 2 Environmental Restoration Consultants Inc.3 3 3 3 3 15 3 Aquagenix Land Water Tech, Inc., Aquagenix/DeAngelo Brothers LLC 4 4 4 4 4 20 4 Peninsula Improvement Corporation 5 5 5 5 5 25 5 A+ Environmental Restoration LLC 6 6 6 6 6 30 6 Procurement Professional Kristofer Lopez Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their ranking of the proposals (from highest being number one (1) to lowest. Step 2: The procurement professional will review the mathematically calculated final rank and discuss the rank order and determine if consensus is reached. Page 1 of 1 16.D.7.b Packet Pg. 1442 Attachment: 18-7459 FinalRanking (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.cPacket Pg. 1443Attachment: 18-7459-NORA (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal)               TAB 1 – Introduction Letter AT E Nvtfr oN$E nrAL R E sroqAfl a N Collier County 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 RE: RFQ 18-7459 - Exotic Vegetation Removal To Whom lt May Concern: There are a plethora of conservation lands throughout the State of Florida. With almost 10,000,000 acres of Florida land deemed as public;lprivate conservation, it is essential that we protect the native vegetation growing within these lands and remove the exotic/nuisance vegetation that is trying to overtake it. A+ Environmental Restoration, LLC is a family-based business that knows the importance of protecting our land for our future generations to enjoy. Our company was founded in 2014, but the staff and owners have many years of established experience working within the dynamic Florida environment. Our moto is "Great organizations are built with great people, excellent work, and a culture of safety." A+ Environmental Restoration, LLC has a bonding program of $5,000,000 single job and an aggregate work program in excess of $10,000,000 with FCCI lnsurance Company which carries an A (Excellent) rating with A.M. Best. We are licensed general contractors that have a spcialized division specifically designed for ecosystem restoration projects. Our conrpany is owned by JC Deriso (President), Jordan Deriso (Vice President), Kayla Deriso (Secretary), and Lauren Deriso (Treasurer). The company has four divisions: Civil Construction, Electrical, Maintenance of Traffic (MOT), and Ecosystem Restoration. Our Ecosystem Restoration portion of the company is managed by Jose (Lupe) Gonzalez for field operations and Krista Vigne for administration. Their contact information and our organizational chart are below. Lupe Gonzalez, has 20+ years experience with working in environmentally sensitive areas. His expertise is with identifying non-native vegetation, training crew, prescribing chemical mixtures for treatment, protecting native vegetation, planting native vegetation, selecting planting palettes, and rnechanical/manual removal of exotic/nuisance vegetation. Within the restoration division, we have 6 licensed herbicide applicators and approximately 50 in-house crewto complete our restoration projects. Ourteam has the necessary resources and equipment to complete the work listed in the RFQ and we do not have any conflicts of interests. Thank you for taking the time to consider the A+ Environmental Restoration, LLC for this RFQ. We hope that the attached documents prove that our tearn is well qualified for this RFP. lf you should have any questions, please feelfree to contact me at the phone number below. 4346 SW HullAvenue Arcadia, FL 34269 (863) 494-7585 T   ORGANIZATIONAL CHART  A+ Environmental Restoration  ORGANIZATIONAL CHART  JC Deriso ‐  President  Jordan Deriso –  Vice President  Kayla Deriso –  Secretary  Lauren Deriso –  Treasurer  Ashley Nieto, Ashley  Fields – Office Admin  Jim Fear ‐ Controller  Solar Field Maint –  Brian St. Moritz,  Manager  Civil Construction  Division/MOT, Eric  Suarez, Manager   Ecosystem  Restoration – Lupe  Gonzalez, Manager  Electrical Division  – Jason Kinville,  Manager  Krista Vigne ‐  Administrator  Licensed Crew  Supervisors  Trained and  Experienced  Crew  Trained and  Experienced  Crew  CONTACT INFORMATION Lupe Gonzalez: Lupe@aplusenvironmentalrestoration.com (863) 485-0103 Krista Vigne: Krista@aplusenvironmentalrestoration.com (941) 380-4623               TAB 2 – Minority Business Enterprise A+ Environmental Restoration, LLC is not considered to be a minority business enterprise (MBE), but we do try to use vendors and subcontractors whom are MBE certified.               TAB 3 – Experience COMPANY EXPERIENCE A+ Environmental Restoration, LLC has completed several ecosystem restoration projects throughout Florida. Below is a map that shows the locations of a few of our projects over the past 3 years. Our past experience has been with private, state government, and local government Clients. Our past projects have included both aquatic and terrestrial exotic/nuisance vegetation removal, selective mechanical vegetation removal, native planting, and ongoing maintenance. As a result of our continued growth, we had to move our operations into a new facility in October 2017. Our new office is still centrally located in Arcadia, Florida. Our office now sits on approximately 8 acres with a 2,500 square-foot office and a 3,600 square-foot shop. This large facility allows us to store our fleet of equipment and also will allow us to expand and begin growing native plants at our own nursery. We have the necessary staff, licenses, and experience to perform the herbicide and mechanical exotic vegetation removal services for Collier County, FL. A+ Environmental Restoration, LLC has over 60 employees and we are constantly cross- training and certifying our staff (see staff licenses and certificates below). We currently have 6 staff that are certified commercial herbicide applicators with the Florida Department of Agriculture and Consumer Services (FDACS) in the Natural Areas and/or Aquatics categories. We feel that empowering our staff to learn and grow will decrease our turn-over rate. Having a low turn-over rate will allow us to be more effective and efficient on our projects and this will directly benefit our Clients via our competitive pricing. Our ecosystem restoration division manager, Lupe Gonzalez, has 20+ years experience with working in environmentally sensitive areas. His expertise is with identifying non- native vegetation and look-alike vegetation, training crew, prescribing chemical mixtures for treatment in accordance with the EPA label, protecting native vegetation, planting native vegetation, selecting planting palettes, and mechanical/manual removal of exotic/nuisance vegetation within both aquatic and terrestrial sites. Within the restoration division, we have 6 licensed herbicide applicators and approximately 50 in-house crew to complete our restoration projects. Lupe has managed multiple crews and trained several employees on proper procedures and protocols for terrestrial vegetation spraying, aquatic vegetation control, mechanical vegetation removal, native planting, and mowing projects. He has been a member of the FLEPPC (Florida Exotic Pest Plant Council) for many years and understands the importance of expanding his knowledge within this ever-changing field of work. He is a licensed herbicide applicator (CM # 20671) in both aquatic and natural areas within the State of Florida since 2010. Upon the issuance of a PO, we can have crew onsite completing the exotic/nuisance removal services within just a few days. We typically require 7-10 days notice before we can commence and begin a project. This allows us to purchase the necessary chemical/equipment to get the project started. We currently have plenty of crew and resources available to begin this work immediately for Collier County. We don’t foresee any issues training and hiring additional crew depending on the workload. We own our equipment (See Attached Equipment List) and have a shop mechanic who maintains our fleet within the manufacturers recommended intervals. We utilize google software to communicate with all staff. We have a google drive to upload all necessary project documentation. Also, we use google sheets to keep an equipment and crew schedule daily which can be accessed easily remotely. If an onsite breakdown occurs, we can dispatch our road mechanic to the site immediately to make the repairs. If we need to rent additional equipment, we use United Rentals. United Rentals offers same day repair or replacement on the equipment that we rent from them in the event of a breakdown. TREATMENT METHODS The most common technique to remove exotic/nuisance vegetation within conservation land is with manual herbicide application. All of our trucks are equipped with the MSDS sheets of the chemicals that we typically use during exotic/nuisance vegetation treatment projects. Manual treatment methods consist of foliar spraying, frill and girdle/ basal bark, and cut stump. Equipment typically consists of backpack sprayers, airboats/john boats, swamp buggies, chainsaws, machetes, spray bottles, utility vehicles, etc. All our crews wear the necessary personal safety equipment in order to reduce the risk of accidents. An onsite safety meeting will be conducted every morning to make sure that all crew has an understanding of the work to be performed and the required personal safety equipment needed. Our personal equipment include safety glasses, long-sleeve orange shirts, boots, chaps, etc. All of our crew supervisors will also be equipped with GPS units in order to calculate the acres treated, mark the coordinates for treated exotic/nuisance vegetation, and to ensure the treatment of the entire work area. All chemical will be mixed at the designated locations and in accordance to the EPA label. The treatment will be documented on a daily basis using the necessary treatment reports. These daily treatment forms will contain the date of herbicide application, names of the applicators, type of exotic/nuisance vegetation treated, the mixture rates of chemical used to treat the vegetation, quantity of the chemical mixture applied, and areas treated based on GPS coordinates. All of this information can be provided to the Collier County project manager. In the field, our crews systematically work as a team to traverse the entire project site. Our licensed crew supervisors know how to read aerial maps and use GPS units with project boundaries. They typically walk the project site in front of the crew and are keeping an eye out for target vegetation, look-alike vegetation, and native vegetation. The supervisor communicates with the crew and ensures that the treatment is done effectively and efficiently. The supervisor is constantly watching the density of the exotic/nuisance vegetation and is communicating with the crew on how far apart they need to be for the treatment. Also, it is our crew supervisor’s responsibility to monitor the weather and wind speed on the project site. In order to achieve 95% control, no herbicide spraying will be completed during the rain and/or if it is too windy. We want to ensure that the herbicide is effective in killing the target vegetation, but we don’t want to harm any other vegetation with overspray if it is too windy. Our crews utilize a blue tracer dye in all of the herbicide spraying mixtures. This dye allows us to easily see where we have sprayed and allows the supervisor to make sure that 100% of the exotic/nuisance vegetation is treated with herbicide. Anytime we leave a project site (lunch, end of the day, inclement weather, etc.) we mark our exact location with flagging tape so we know where we left off. As part of our decontamination protocol, all equipment and machetes will be thoroughly disinfected when we move to different areas and treatment zones. We are diligent about trying to reduce the spreading of seeds and take all the necessary precautions to ensure this doesn’t occur. Additionally, our treatment strategies are designed to ensure the protection of any endangered species/native vegetation and to maintain environmental quality. Below is a picture of our crew conducting backpack foliar spraying. Based on our experience and knowledge with exotic/nuisance vegetation, we have come up with some example treatment methods for some of the exotic/nuisance species: Brazilian Pepper (Schinus terebinthifolius) The Brazilian pepper tree is an incredibly invasive species that threatens native vegetation. We plan on utilizing 3 different treatment methods to apply herbicide to the Brazilian peppers for Collier County project sites: foliar backpack spraying, cut-stump, and basal bark. The first method is the foliar backpack application treatment. The foliar herbicide application method will be used on Brazilian pepper that are smaller than 1in dbh (diameter at breast height) or seedlings. The chemical used during the foliar method of application will be a mixture of Garlon3A (Triclopyr amine). The cut-stump method will also be utilized to treat the Brazilian pepper. This method is usually performed with a machete or chainsaw and it is typically used on pepper that are approximately 2in-3in dbh or for pepper that are close to the water. The pepper is cut and then the stump is treated with either Garlon4 (Triclopyr ester) or Garlon3A (Triclopyr amine) depending on the treatment area. Brazilian pepper trees can also be controlled using basal bark herbicide application. An application of an herbicide product that contains triclopyr ester (Garlon4) is applied to the Brazilian pepper-tree's bark between one half and one foot from the ground. The Garlon4 is mixed with a Red Impel Oil to see where the chemical is applied. This method is typically used on pepper that are greater than 3in dbh. Australian Pine (Casuarina spp.) We plan on utilizing 3 different treatment methods to apply herbicide to the Australian pines within the Collier County project sites: foliar backpack spraying, cut-stump, and frill and girdle. The first method is the foliar backpack application treatment. The foliar herbicide application method is used less frequently than basal bark or stump application for Australian Pine, foliage of individual plants or small populations 4ft tall or less can be treated on a spray-to-wet basis using a backpack or hand-held equipment with a 3%-5% per gallon of herbicide tryclopyr amine (Garlon3A). Adjuvant, such as surfactant, drift control agent is added to the spray mix application and spray is directed to the target species to avoid contact of herbicide to none-target species. Typically, the cut-stump method will also be utilized to treat the Australian pine. After felling a tree with machete or chainsaw a 10%-20% solutions of triclopyr ester (Garlon4) per gallon diluted in a red impel oil is applied to the surface of the stump the cut surface should be as closed to the ground as possible and as level as possible so the herbicide solution does not run off. Herbicide should be applied as soon as possible depending on the size of the projects (size and numbers of stumps) application can be made using spray bottles or backpacks sprayers. For Australian Pine bigger than 5in dbh, we utilize the frill-and-girdle method of herbicide application. Frill-and-girdle involves cutting away the tree's thick bark and applying a herbicide mixture of Garlon 4 to the living portion of the trunk, just inside the bark and just outside of the wood. Cogon Grass (Imperata cylindrica) Cogon grass is a very invasive grass. We recommend that a minimum of two applications per year is needed for the treatment to eliminate rhizomes. Typically the treatment method used to treat Cogon grass is both foliar backpack and foliar broadcast spray depending on the size of the area being treated. The chemical mixture used is Glyphosate with Imazapyr. Glyphosate has no soil residual activity. Imazapyr has both soil and foliar activity and can severely injure susceptible plant species that are planted too soon after the last treatment. When spraying, you want to extend beyond the treatment area by 12” to ensure the treatment of rhizomes. Melaleuca (Melaleuca quinquenervia) Melaleuca trees are notorious for being invasive and choking out native vegetation within conservation areas. We plan on utilizing 3 different treatment methods to apply herbicide to the Melaleuca trees within the Collier County project sites: foliar backpack spraying, cut-stump, and frill and girdle. The first method is the foliar backpack application treatment. Mainly use for treating sapling trees (less than 4ft tall) that cannot be hand pulled and for large area where little none-target vegetation exists. Saplings are treated as a low volume application, using a backpack with Glyphosate solution equivalent to 5% and 1% Imazapyr with a surfactant and blue dye additive. The cut-stump method will also be utilized to treat the Melaleuca. This method is usually performed with a machete or chainsaw and it is typically used on trees that are smaller than 5” dbh. The herbicide is applied just inside the bark where the living tissue of the tree is located. Saw dust should be brushed from the cut surface before applying herbicide. A 50% of Glyphosate and 10-25% Imazapyr (depending on size) herbicide mixture with a surfactant and blue dye additive is typically used. Herbicide should be applied as soon as possible after cutting and should be concentrated just inside the bark with a hand-held spray bottle. For Melaleuca bigger than 5in dbh, we utilize the frill-and-girdle method of herbicide application. Frill-and-girdle involves cutting away the tree's thick bark and applying a herbicide mixture to the living portion of the trunk, just inside the bark and just outside of the wood. This application is much more labor intensive but none-target damage is minimal. A solution of 50% Glyphosate and 25% of Imazapyr is applied to the girdle in sufficient quantity to thoroughly wet the tissue. A hand- held spray bottle is usually used to apply the herbicide. Castor Bean (Ricinus communis) Castor bean is another invasive species threatening native plants. We plan on utilizing 2 different treatment methods to apply herbicide to the Castor bean within the Collier County project sites: foliar backpack spraying and cut-stump. The first method is the foliar backpack application treatment. The foliar herbicide application method will be used on Castor bean that are smaller plants or seedlings. The chemical used during the foliar method of application will be a mixture of Garlon 3A (Triclopyr amine). The cut-stump method will also be utilized to treat the larger Castor bean. This method is usually performed with a machete or chainsaw and it is typically used on larger plants. The Castor bean are cut and then the stump is treated with Garlon 3A with a blue tracer dye. Lead Tree (Leucaena leucocephala) The Lead tree is a rapidly growing invasive species. We plan on utilizing 2 different treatment methods to apply herbicide to the Lead trees within the Collier County project sites: foliar backpack spraying and basal bark. The first method is the foliar backpack application treatment. The foliar herbicide application method will be used on Lead tree that are smaller than 1” dbh (diameter at breast height) or seedlings. The chemical used during the foliar method of application will be a mixture of 3-5% Garlon3A (Triclopyr amine) with a surfactant and blue dye additive. For larger Lead trees, we can use a basal bark herbicide application. An application of an herbicide product that contains triclopyr ester (Garlon 4) is applied to the tree’s bark between one half and one foot from the ground. The Garlon 4 is mixed with a Red Impel Oil to see where the chemical is applied. This method is typically used on larger lead trees. Climbing Fern (Lygodium spp.) Climbing fern one of the worst invasive species threatening conservation lands in central and south Florida. We use two treatments techniques: First is foliar treatment with backpacks or handgun sprayers. The foliar method treats all matted Lygodium on the ground and all Lygodium over other understory plants a herbicide solution of Glyphosate 3-5% mix with surfactant with blue dye. The next method involves cutting vines (using machete, trimmer, chainsaw) at 4-5 feet and treating all foliage below the cut a herbicide solution of Glyphosate 3-5% mix with surfactant with blue dye. Other Category I and II Exotic/Nuisance Vegetation and CISMA EDRR Species All other Category I and II and CISMA EDRR exotic/nuisance vegetation will be treated within the Collier County project sites. Typically the treatment method used to treat these is both foliar backpack and cut/spray using a machete. The chemical mixture will be determined based on the other species treated and site conditions. Project Examples of Manual Exotic/Nuisance Treatment: Four Creeks in Callahan, FL A+ Environmental Restoration, LLC performed initial exotic/nuisance vegetation removal of Chinese Tallow at the Four Creeks State Forest project site. The only target species was Chinese Tallow. The project area consisted of 285 acres. We treated the Tallow saplings and large trees utilizing the cut/stump treatment method. All stumps were treated with a 17% Garlon4 (Triclopyr ester) herbicide mix with red Impel oil. All seedlings were treated utilizing the foliar backpack spray method. The seedlings were treated with a 12% Garlon 3A (Triclopyr amine) herbicide mix with water and blue tracer dye. Our crew members utilized Garmin eTrex 10 GPS units to ensure that the treatment area was fully covered and complete. Coral Creek in Charlotte County, FL A+ Environmental Restoration, LLC was contracted with Charlotte County to perform the clearing, removal, and disposal of all nuisance and exotic vegetation on 18 acres for the Coral Creek Flow Enhancement – Vegetation Removal. The work consisted of clearing approximately 18 acres of land in accordance of the Coral Creek Habitat Restoration Project plan sheets 16 and 30. The project site was located on the Cape Haze Peninsula in Charlotte County,FL. We performed the clearing, removal, and disposal of all nuisance and exotic vegetation including but not limited to Brazilian Pepper, Primrose Willow, Cattails, dead vegetation, and trash. All Category I and II invasive exotics as found on the Florida Exotic Pest Plant Council's 2017 List of Invasive Plant Species were treated with herbicide. We applied herbicide to all target species and we avoided non-target native species in order to leave the site in a natural condition. To treat Torpedo, Cattails, Primrose Willows we utilized the foliar backpack method using a 4% Glyphosate (Aquastar) mixture with a surfactant and blue dye additive. Additionally, we used a herbicide mixture of 15% Triclopyr amine (Garlon 3A) and 85% JLB oil mixed with blue dye to treat the Brazilian Pepper located near the mangroves. Mechanical Vegetation Clearing A+ Environmental Restoration, LLC are licensed general contractors and have copious amounts of experience with mechanical vegetation clearing projects. We have the necessary experience and equipment to provide any mechanical vegetation clearing needed by Collier County. During the mechanical removal, we pay special attention to avoid native species while conducting the clearing. Once the material is extracted, it is typically piled up within designated areas of each site. The areas disturbed by the mechanical removal will be roughly graded to smooth out any large ruts and holes. Once the vegetation is removed, typically we dispose of the material either by burning or chipping in place. The picture below was taken from a Brazilian pepper removal project that we completed recently at the Loggerhead project site. Project Example of Mechanical Removal Loggerhead Solar Field in Port St. Lucie, FL A+ Environmental Restoration, LLC performed exotic/nuisance vegetation treatment on 565 acres at the Loggerhead project site during the months of June 2017 and July 2017 for OCI, Inc. The objective of this project was to obtain environmental compliance for the site. The primary target species was Brazilian Pepper. For the treatment of regrowths and sprouts, we utilized the foliar backpack method and used the Garlon 3A herbicide mixture. For the treatment of larger woody exotic/nuisance vegetation, we cut the tree and stump treated the pepper with Garlon4 chemical mixture. Additionally, we cut and removed Brazilian pepper from 10 miles of canal area. We utilized an excavator with a thumb attachment to remove the pepper and the remaining stumps were treated with a Garlon4 chemical mixture. EQUIPMENT LIST Page 1 of 15  Equip # Year Make Model Vin # Picture 2 2015 Ford F350 1FDRF3HT1FEC68696 3 2006 Ford F750 3FRNF756V232493 4 2016 Ford F550 1FD0W5HT3GEA24084 6 2015 Ford F350 1FT8W3DT9FEC76566 EQUIPMENT LIST Page 2 of 15  Equip # Year Make Model Vin # Picture 7 2014 Vermeer S800TX 1VRB070A7E1002145 8 2014 Kubota SVL 90 SN - 13286 9 2016 Ford F250 1FT7X2B65GEA79072 EQUIPMENT LIST Page 3 of 15  Equip # Year Make Model Vin # Picture 10 2016 Ford F250 1FT7X2B60GEA09480 13 2006 Dodge Ram 3500 3D6WL46C36G201156 14 2013 PTRB 367 1NPTX7EXXDD176097 15 2016 Ford F350 1FD8W3HT4GEA79098 EQUIPMENT LIST Page 4 of 15  Equip # Year Make Model Vin # Picture 16 2005 PTRB 358 1NPALU0X55D858590 17 2015 PTRB 367 1NPTX4TX7FD285587 19 2014 Kenworth 1NKDX7EX2EJ391180 20 2005 Ford F150 1FTRF12255NB09381 EQUIPMENT LIST Page 5 of 15  Equip # Year Make Model Vin # Picture 21 2016 Ford F350 1FT8W3DTXGEA42471 22 2016 Kubota SVL 95 JKUC0953V01S32112 24 2016 Scag Turf Tiger '72 NA 25 1992 International Dump Truck 1HTSCPHN2NH462189 EQUIPMENT LIST Page 6 of 15  Equip # Year Make Model Vin # Picture 26 2002 Ford F450 1FDXF47F12EA56836 27 2008 Ford F150 1FTRF12W48KD71952 29 2016 Kubota SVL 95 JKUC0953J01S32320 SN 32320 30 2017 Ford F350 1FT8W3DT0HEB56402 EQUIPMENT LIST Page 7 of 15  Equip # Year Make Model Vin # Picture 31 2017 Ford F350 1FD8W3HT2HEB67830 32 2004 Ford F150 1FTRF14W74NB38489 34 1999 Ford F350 1FDWX37S4XEC65799 EQUIPMENT LIST Page 8 of 15  Equip # Year Make Model Vin # Picture 37 1995 Mack 1M1AA12Y3SW044827 41 2016 Freightliner VA 2115824P100A 1FVHG3CY0GHHD7621 43 2009 Chevy 4500 4KBC4W1N69J800439 44 2017 Scag Turf Tiger '72 EQUIPMENT LIST Page 9 of 15  Equip # Year Make Model Vin # Picture 45 2017 Scag Turf Tiger '72 47 2011 Ford F550 1FDUF5HY8BEB95855 48 2008 Ford E350 1FBSS31L38D853607 51 2017 Ford F250 Superduty 1FT7W2B67HEE30634 EQUIPMENT LIST Page 10 of 15  Equip # Year Make Model Vin # Picture 52 2011 Ford F550 1FDUF5HY4BEB95853 55 1993 GMC 1GDM7H1J4PJ500794 56 2017 Kobelco YQ13-T2304 59 1994 PR SPEC Airboat FL3817DC EQUIPMENT LIST Page 11 of 15  Equip # Year Make Model Vin # Picture 60 2014 Polaris 63 2017 Honda 420 4X4 64 2017 Honda 420 4X4 66 2009 FORD F150 1FTPW14V39FA91588 EQUIPMENT LIST Page 12 of 15  Equip # Year Make Model Vin # Picture 67 2018 Scag Turf Tiger '72 68 2018 Scag Turf Tiger '72 69 2006 Fecon 71 2014 PTRB 12H20TPMEXUS 1NPTX7EX7ED176107 EQUIPMENT LIST Page 13 of 15  Equip # Year Make Model Vin # Picture 72 2018 Ford F-250SD XL 1FT7W2B64JEB41894 77 2018 Kubota RTV-X900G-H 79 2018 Ford F-250SD 1FT7W2B69JEB41891 EQUIPMENT LIST Page 14 of 15  Equip # Year Make Model Vin # Picture 80 2018 Ford F-250SD 1FT7W2B67JEB41890 81 2006 SLP 18ft Scout Boat FL8182NC N/A N/A Garmin GPS Units EQUIPMENT LIST Page 15 of 15  Equip # Year Make Model Vin # Picture N/A N/A Chemical Containers Backpack Sprayers N/A 2018 N/A 200-Gallon Ag Sprayer N/A N/A N/A Swamp Buggy   COMPANY EXPERIENCE Project Description (species, density, acreage, method of treatment, etc.) Start Date End Date Original Budget Final Project Cost Number of Change Orders Client name Four Creeks State Forest - Callahan, FL Foliar/Cut-stump of Chinese Tallow on 285 Acres November 2017 November 2017 $36,337.50 $36,337.50 0 Jeff Hill (FL Forest Service) Jeffrey.Hill@FreshFromFlorida.com (904) 845-4933 Coral Creek Flow Enhancement – Charlotte County, FL Foliar/Cut-stump of Brazilian Pepper and Foliar Treatment of Torpedo Grass and Primrose Willow on 18 Acres December 2017 January 2018 $42,950.00 $42,950.00 0 Randy Vowell (Charlotte County) randy.vowell@charlottefl.com (941) 740-0466 Ocklawaha Prairie Restoration Area - Marion County, FL Selective Mechanical Removal - Brazilian Pepper and Other Woody Vegetation on 20 Acres August 2017 August 2017 $19,500.00 $19,500.00 0 Steve Turrentine (St. Johns Water Management District) sturrent@sjrwmd.com (386) 329-1249 Ufer Family Park, Red Bug Slough Preserve, Scherer Thaxton Preserve – Sarasota County, FL Selective Mechanical Removal - Brazilian Pepper and Other Woody Vegetation on 27.3 Acres June 2017 June 2017 $27,900.00 $27,900.00 0 Chris Meyer (Sarasota County) cmeyer@scgov.net (941) 228-0474 6008 Cattleridge Drive – Sarasota County, FL Vegetation and Debris Removal and Selective Herbicide Spraying July 2018 July 2018 $14,867.00 $14,867.00 0 Patrick Foslin (Sarasota County) pfoslin@scgov.net (941) 315-5997 Type of License Person License Number State of Florida Corporation (LLC) Company EIN # 81-0876194 DUNS Number Company 080456324 SAM Registration/Cage Code # Company 7WQ33 General Contractors License Company CGC 1524978 Electrical Contractors License Company EC 13004816 Underground Contractors License Company CUC 1225452 FDOT Maintenance of Traffic JC Deriso Certificate # 23681 Certificate of Nursery Registration JC Deriso Registration # 48019357 Qualified Stormwater Management Inspector (FDEP) Brian St. Moritz Inspector Number 39646 E-Verify Registration Company Company ID # 1170717 Commercial Applicator License (Aquatic, Natural Areas) Jose (Lupe) Gonzalez CM # 20671 Commercial Applicator License (Aquatic, Right of Way, Turf) Eric Suarez CM # 24329 Commercial Applicator License (Natural Areas) Joel Diaz CM # 23320 Commercial Applicator License (Natural Areas) Agustin Martinez CM # 23252 Commercial Applicator License (Natural Areas) Alfonso Trejo CM # 23888 Commercial Applicator License (Natural Areas) Miguel Chagolla Cortez CM # 23931  We have 24 Crew Licensed as CDL Drivers  We are licensed to do business in Colorado  JC Deriso, President, is attending Wedgworth Leadership Institute at the University of Florida JONATHAN ZACHEM, SECRETARYRICK SCOTT, GOVERNORSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESPENNER, ROGER DALEDo not alter this document in any form.A+ ENVIRONMENTAL RESTORATION, LLCLICENSE NUMBER: CGC1524978EXPIRATION DATE: AUGUST 31, 2020This is your license. It is unlawful for anyone other than the licensee to use this document.4346 SW HULL AVEARCADIA FL 34269Always verify licenses online at MyFloridaLicense.com VOID 21, 5A Commercial Applicator License Florida Department of Agriculture and Consumer Services Issued: License # CM20671 Expires: Pesticide Certification Office Signature of Licensee ADAM H. PUTNAM, COMMISSIONER Categories The above individual is licensed under the provisions of Chapter 487, F.S. to purchase and apply restricted use pesticides. 1225 SW MILDRED ST GONZALEZ, JOSE G ARCADIA, FL 34266 This card is your license. It authorizes you, the license holder, to purchase and apply Restricted Use Pesticides (RUPs). Please sign your card and keep it with you when applying or purchasing RUPs. The bottom two cards are for your Authorized Purchasing Agents (APAs). Please sign the card in the space provided and give to your APA to sign. APAs are authorized to purchase RUPs. For questions, comments or concerns, Contact us at: Florida Department of Agriculture and Consumer Services Pesticide Certification Office 3125 Conner Blvd, Bldg 8 Tallahassee, FL 32399-1650 Phone: (850) 617-7870 Fax: (850) 617-7895 Florida Department of Agriculture and Consumer Services Pesticide Certification Office To renew a pesticide applicator license, applicators must first become recertified. Recertification is accomplished by either retaking the certification exams or accumulating Continuing Education Units (CEUs). See Table 2 in the Pesticide Applicator Certification and Licensing in Florida handbook located at http://pested.ifas.ufl.edu/pdfs/Pesticide-Applicator-Cert-Licensing.pdf for information on Recertification. November 6, 2014 September 30, 2018 Certificate of Completion This certifies that Joel C. Deriso II has successfully completed 20 Professional Development Hours of Maintenance of Traffic Advanced Level 12/10/2016 Jimmy Ellzey A&SW Consultants, Inc. Course Completion Date Certified Instructor of Course Training Provider 0006024 557 Student Florida Professional Engineer Number PDH Provider Number PDH License Number 10 PDH-1 CEU 55 Inlet Harbor Road, Ponce Inlet, Florida 32127  (386) 788-9899  www.ASWConsultants.com Reference Questionnaire Solicitation: 18-754 (Exotic Vegetation Removal) Reference Questionnaire for: A+ Environmental Restoration, LLC (Name of Company Requesting Reference Information) Krista Vigne – krista@aplusenvironmentalrestoration.com (Name of Individuals Requesting Reference Information) Name: Randy Vowell (Evaluator completing reference questionnaire) Company: Charlotte County (Evaluator’s Company completing reference) Email: randy.vowell@charlottefl.com FAX: (941) 575-3653 Telephone: (941) 575-3680 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: Coral Creek Flow Enhancement Completion Date: Dec 2017 – Jan 2018 Project Budget: $42,950.00 Project Number of Days: 60 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Reference Questionnaire Solicitation: 18-754 (Exotic Vegetation Removal) Reference Questionnaire for: A+ Environmental Restoration, LLC (Name of Company Requesting Reference Information) Krista Vigne – krista@aplusenvironmentalrestoration.com (Name of Individuals Requesting Reference Information) Name: Jeff Hill (Evaluator completing reference questionnaire) Company: Florida Forest Service (Evaluator’s Company completing reference) Email: jeffrey.hill@freshfromflorida.com FAX: N/A Telephone: (904) 845-4933 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: Four Creeks Treatment of Tallow Completion Date: October 2017-November 2017 Project Budget: $36,337.50 Project Number of Days: 30 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 9 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 9 7 Ability to verbally communicate and document information clearly and succinctly. 8 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 95 Reference Questionnaire Solicitation: 18-754 (Exotic Vegetation Removal) Reference Questionnaire for: A+ Environmental Restoration, LLC (Name of Company Requesting Reference Information) Krista Vigne – krista@aplusenvironmentalrestoration.com (Name of Individuals Requesting Reference Information) Name: Steve Turrentine (Evaluator completing reference questionnaire) Company: St. Johns River Water Mgmt District (Evaluator’s Company completing reference) Email: steve@sjrwmd.com FAX: N/A Telephone: (386) 329-1249 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: Mechanical Vegetation Removal Completion Date: August 2017 Project Budget: $19,500.00 Project Number of Days: 30 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 9 2 Ability to maintain project schedule (complete on-time or early). 9 3 Quality of work. 8 4 Quality of consultative advice provided on the project. 8 5 Professionalism and ability to manage personnel. 9 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 9 7 Ability to verbally communicate and document information clearly and succinctly. 8 8 Abiltity to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 8 10 Overall comfort level with hiring the company in the future (customer satisfaction). 8 TOTAL SCORE OF ALL ITEMS 85               TAB 4 – Personnel PERSONNEL Our company is owned by JC Deriso (President), Jordan Deriso (Vice President), Kayla Deriso (Secretary), and Lauren Deriso (Treasurer). The company has four divisions: Civil Construction/ Maintenance of Traffic (MOT), Electrical, Solar Field Maintenance, and Ecosystem Restoration. The Ecosystem Restoration portion of the company is managed by Jose (Lupe) Gonzalez. Within the restoration division, we have 6 licensed herbicide applicators and several in-house,trained crew laborers. Lupe Gonzalez oversees all crew and is in charge of communicating with clients and subcontractors regarding the operations of the projects. Krista Vigne performs all the administrative work for the ecosystem restoration division. We perform work throughout the State of Florida and have the necessary crew and equipment to complete the control of exotic plant control services for Collier County. Our ecosystem restoration division manager, Lupe Gonzalez, has 20+ years experience with working in environmentally sensitive areas. His expertise is with identifying non- native vegetation and look-alike vegetation, training crew, prescribing chemical mixtures for treatment in accordance with the EPA label, protecting native vegetation, planting native vegetation, selecting planting palettes, and mechanical/manual removal of exotic/nuisance vegetation within both aquatic and terrestrial sites. Within the restoration division, we have 6 licensed herbicide applicators and approximately 50 in-house crew to complete our restoration projects. Lupe has managed multiple crews and trained several employees on proper procedures and protocols for terrestrial vegetation spraying, aquatic vegetation control, mechanical vegetation removal, native planting, and mowing projects. He has been a member of the FLEPPC (Florida Exotic Pest Plant Council) for many years and understands the importance of expanding his knowledge within this ever-changing field of work. He is a licensed herbicide applicator (CM # 20671) in both aquatic and natural areas within the State of Florida since 2010. Our ecosystem restoration department has 5 crew supervisors that will directly manage the crew onsite for Collier County projects. These supervisors are all licensed herbicide applicators via the Florida Dept of Ag and Consumer Services in the Natural Areas and/or Aquatics categories. All supervisors have extensive experience with aquatic/terrestrial vegetation control techniques, identification of vegetation, using GPS units, completing paperwork, communication, reading aerial maps, herbicide application, ongoing maintenance, MSDS sheets, mixing chemical, etc. on environmentally sensitive projects. All our supervisors have previous work experience exotic/nuisance vegetation removal on federal project sites such as Loxahatchee NWR, East Everglades, Big Cypress, etc… With their work experience, they understand the importance of communication and team work while working within hostile terrain. They have extensive experience with the equipment necessary to complete the treatment of exotic/nuisance projects and are capable of performing minor repairs onsite if necessary. Also, all our supervisors have formal airboat operations training. In the field, our crews systematically work as a team to traverse the entire project site. Our licensed crew supervisors know how to read aerial maps and use GPS units with project boundaries. The supervisors typically walk the project site in front of the crew and are keeping an eye out for target vegetation, look-alike vegetation, and native vegetation. The supervisor communicates with the crew and ensures that the treatment is done effectively and efficiently. The supervisor is constantly watching the density of the exotic/nuisance vegetation and is communicating with the crew on how far apart they need to be for the treatment. Also, it is our crew supervisor’s responsibility to monitor the weather and wind speed on the project site. In order to achieve 95% control, no herbicide spraying will be completed during the rain and/or if it is too windy. We want to ensure that the herbicide is effective in killing the target vegetation, but we don’t want to harm any other vegetation with overspray if it is too windy. Our crews utilize a blue tracer dye in all of the herbicide spraying mixtures. This dye allows us to easily see where we have sprayed and allows the supervisor to make sure that 100% of the exotic/nuisance vegetation is treated with herbicide. Anytime we leave a project site (lunch, end of the day, inclement weather, etc.) we mark our exact location with flagging tape so we know where we left off. If there are any issues with the performance of the work, then we will immediately have a meeting with Collier County to come up with a solution and determine the best way to prevent the issue from occurring again. As part of our continued education program, A+ Environmental Restoration, LLC recently had their licensed applicators attend the FLEPPC conference in Melbourne, FL from April 3-6, 2018. We understand the importance of continued education and training within the ever-changing exotic/nuisance eradication industry. All of our trucks are equipped with booklets that list the current Category I and II Exotic/Nuisance Species List according to the FLEPPC and as part of our pre-commencement checklist our supervisors look at the https://www.floridainvasives.org/edrr.cfm website for the list of EDRR species in the area. A+ Environmental Restoration has an extensive training program for our project managers and crew supervisors that entails the importance of the project life cycle. We provide hands-on training throughout the pre-commencement/initiation, execution, and follow-up phases of all projects. Our training program begins with field experience and then we promote our employees from within based on their performance on our projects. Below are the highlighted sections of our standard operating processes and procedures for our exotic/nuisance treatment projects: Pre-commencement/Initiation • Once a contract is signed or purchase order is issued, our division manager coordinates with the Client on the site conditions, expectations, and an anticipated start date. • Once we have details on our Clients’ needs, then our manager communicates with our administrator on scheduling, purchasing, equipment, lodging, etc… • Based on the schedule, our division manager will be able to decipher who the licensed crew supervisor will be for the project. Once a crew supervisor is decided, then we send all the project information to them. This information includes the location of the project, estimated schedule/timeframe, scope of work, special instructions, maps, GPS tracks/information, equipment needs, chemical requirements/restrictions, target vegetation, treatment strategies, lodging information, safety information, personal protection equipment (PPE) required, decontamination protocol, EDRR species as listed on the https://www.floridainvasives.org/edrr.cfm website, and paperwork requirements. • We utilize google software to communicate with all staff. We have a google drive to upload all necessary project documentation. Also, we use google sheets to keep an equipment and crew schedule daily. • Clean the necessary large equipment with a pressure washer. All surfaces must be sprayed down including the undercarriage and tires. All mud, vegetative debris, leaves/branches, and other debris must be cleared and removed. • Clean the necessary hand-held equipment such as chainsaws, machetes, clippers, etc. must be wiped down and cleared of any debris. We normally utilize a sponge and bucket with water/bleach to perform this task. Project Execution • A+ Environmental Restoration, LLC has daily morning meetings on each of our project sites. We believe that clear communication is the key to effectively and efficiently complete our projects. During our daily site meeting, we discuss our strategies and areas that we are going to be performing work in for the day. We make sure that all our employees have the necessary PPE and equipment. The supervisors always have plenty of cold water, sunscreen, insect repellents, a telephone with weather app to check the weather alerts due to the sometimes hostile terrain (see safety protocol below). • Our licensed crew supervisors know how to read aerial maps and use GPS units with project boundaries. They typically walk the project site in front of the crew and are keeping an eye out for target vegetation, look-alike vegetation, and native vegetation. The supervisor communicates with the crew and ensures that the treatment is done effectively and efficiently. The supervisor is constantly watching the density of the exotic/nuisance vegetation and is communicating with the crew on how far apart they need to be for the treatment. Also, it is our crew supervisor’s responsibility to monitor the weather and wind speed on the project site. No herbicide spraying will be completed during the rain and/or if it is too windy. We want to ensure that the herbicide is effective in killing the target vegetation, but we don’t want to harm any other vegetation with overspray if it is too windy. Our crews utilize a blue tracer dye in all of the herbicide spraying mixtures. This dye allows us to easily see where we have sprayed and allows the supervisor to make sure that 100% of the exotic/nuisance vegetation is treated with herbicide. Anytime we leave a project site (lunch, end of the day, inclement weather, etc.) we mark our exact location with flagging tape so we know where we left off. • For daily record keeping, each one of our trucks has either an Acer Aspire laptop or a Samsung Tab E8 tablet. This allows our crew to take pictures onsite daily and also allows them to record the chemical being used onsite, equipment used, species being treated, and/or plants being installed via the “Fast Field Mobile Forms” software that is filled out each day. We also utilize a software program called “Attendance on Demand” which allows us to track project budgets on a day- to-day basis. • Removal of all herbicide and adjuvant containers according to protocol (see protocol below). • We make sure that all areas of the project site are fully traversed and 100% of the exotic/nuisance vegetation is treated. • Decontamination protocol is followed once a project site is complete (see below). • Daily/Weekly communication with the Client to discuss the project and schedule. • Submitting forms, invoices, and GPS tracks on a daily/weekly/monthly basis based on the Client’s needs. Project Closeout • A+ Environmental Restoration, LLC knows the importance to achieve a 95% control rate on vegetation treatment projects. If there are any issues with the performance of the work, then we will immediately have a meeting with Collier County to come up with a solution and determine the best way to prevent the issue from occurring again. SAFETY PROTOCOL A+ Environmental Restoration, LLC understands the importance of safety on all project sites. As of 7/22/17, A+ Environmental Restoration has an experience modification rate (EMR) of 0.78. We carry such a low EMR score because we conduct safety meetings on a daily basis and communicate the importance of being aware of our surroundings while onsite. We understand the harsh conditions that come with working within the rough Florida terrain. All our crews have vast amounts of experience with working in these conditions. We diligently keep an eye on the weather and understand the importance of working as a team while working onsite. All crews are supplied with the necessary personal safety equipment needed to complete the work. The supervisors always have plenty of cold water, sunscreen, insect repellents, a telephone with weather app to check the weather alerts due to the sometimes hostile terrain. All our trucks and utility vehicles will be equipped with a MSDS book, spill kit, first-aid kit, and fire extinguisher. Although we take the necessary precautions to prevent chemical spills, each crew will be provided a spill kit for any incidents that may occur. The spill kit will contain the following items: (1) 5-gallon bucket, (2) pairs of gloves, (1) pair of goggles, (1) respirator and cartridges, (1) pair of coveralls, (10-30 lbs) of absorbent material, (1) pint of liquid detergent, (6) polyethylene bags with ties, (1) portable eyewash kit, (1) first aid kit, (1) pair of rubber boots, and (1) apron. We are responsible for immediate work stoppage and clean-up operation in the event of any spill of herbicide, petroleum products, or other hazardous materials. We shall report any such incident to the site manager and the commission project manager immediately. DECONTAMINATION PROTOCOL A+ Environmental Restoration, LLC understands the importance of decontaminating our equipment to prevent the spreading of invasive species. We are diligent about cleaning our equipment and we require our crew to follow our decontamination protocol before/after every project site: • All trucks, trailers, ATV’s, mowers, chippers, and all other large equipment must be thoroughly cleaned with a pressure washer after the completion of each site. All surfaces must be sprayed down including the undercarriage and tires. All mud, vegetative debris, leaves/branches, and other debris must be cleared and removed. • Equipment such as chainsaws, machetes, clippers, etc. must be wiped down and cleared of any debris. We normally utilize a sponge and bucket with water/bleach to perform this task. • When treating vine-like exotic/nuisance species, such as Lygodium, we instruct our crew to bring a change of clothes with them. Whenever we are done treating an area with Lygodium and need to move to the next, they will change into the new clothes to prevent contamination of the new area. REMOVAL/DISPOSAL OF HERBICIDE CONTAINERS PROTOCOL A+ Environmental Restoration, LLC understands the importance of the appropriate disposal of herbicide containers in order to prevent spillage of herbicide. We follow the triple rinse protocol. All empty herbicide containers must be triple-rinsed into our spray tank. Refill the container with water until it is about ¼ full. Swish the water around and add the water to the spray tank. Repeat the rinsing and draining technique 2 more times. After triple rinsing, punch holes in the container to prevent it from being reused. After we punch holes, we take the container back to our facility so it can be disposed correctly into our county landfill facility. While on the job site our herbicide and adjuvants containers always stay secure in a ventilate and lock cage on the bed of the truck or trailer to prevent the likelihood of leaks, environmental damage or theft of the materials.               TAB 5 – Local Vendor Preference     A+ Environmental Restoration, LLC does not qualify for Local Vendor Preference.                TAB 6 – Required Forms **-fucor,ffn*y# Admlnigtrative Services Depadment Prscurener:t Serucel Drwsi*n Forrn 2: Vendor Check List IMPORTANT: TIIIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces iudicated and return with your Proposal. Ven{or should check offeach of the following items as the necessary action is completed: lY] The Solicitation Submittal has been signed. d'' , fn"Solicitation Pricing Document 6ia S"n"Aut.iQuote Schedule/etc.) has been completed and attached. (dlP) V / Att applicable forms have been signed and included, along with licenses to complete the requirements of the project. *( Anv addenda have been sigred and included. LN lre) , t \-/ d Affidavit for Claiming Status as a Local Business, if applicable. L IJ/fr) / M Division of Corporations - Florida Department of State - http:l/dos.myflorida.com/sunbiz/ (If work performed in the State). d E-Verify/ImmigrationAffidavit (Memorandum ofUnderstanding). ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBERAND TITLE Name ofFirm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: A* Environmental Restoration, LLC 4346 SWHull Avenue Arcadia,FL 34269 (863) 494-7585 . Deriso, II (President) ,4dministrehr,* Seruic=s ilepadrnent !rr:air *nrerr'r iitr'r ri.t-n llr r,:ial Form 3: Conflict of Interest Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one ofthe three categories below: Biased ground rules - The finn has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity - The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's abilitv to render impartial advice to the government. Llnequal access to information - The firm has not had access to nonpublic infomation as pafi of its perforrnance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or cuffently being worked on for the above-mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or otler means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signahre below, the f,rm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: A+ Environmental Signature and Date: E-L- Print Name: Joel C. Title of Signatory: President &*C,owrry+ Arknmi#ive Sev*:e Ew'trr]ent Pwjrenrelt SerYice$ o,vElorr Form 4: Vendor Ileclaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Govemment Complex Naples, Florida 34112 Dear Commissioners: The undersigrred, as Vendor declares that this rcsponse is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or serviceg the vendor wiII not be eligible to compete, submit a proposal, be awarded, or perform as a sub-yendor for any fufure associated with work that is a result of this awardsd €ontract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 7th day of Septernber , 20 lSin the County of DeSoto in the State of Florida A+ Environmental Restoration, LLC 4346 SWHullAvenue Arcadia.FL 34269 81-0876194 Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identiflcation Number *CCR # or CAGE Code *Only if Grant Funded Telephone: 7WQ:: (863\ 494-7s85 Signature by: (Typed and written) Title: KRISTA MARIEVI6NE Notary Public - State of Florida Commislion # 66 120438 MyComm. Expires fun 29,2021 Eonded through Nalional Notiry At5n. Additionat Contact Information A+ Environmental Restoration, LLC Company name used as payee Jim Fear Controller Send payments to: (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: P.O. Box 3410 Arcadia- FL 34265 494-758s Jim@aplusenvironmeatalrestoration^ com Krista Vime Email: Offi ce servicing Collier County to place orders (required if different fr om above) Contact name: Title: Address: City, Stafe, ZIP Telephone: Email: Admin 4346 SW Hull Avenue Arcadia,FL 34269 (863) 494-7585 Kri sta@ap lusenvironmentalrestoration. com A*ninbkaiivs SeruhB nepartnont ftoqJ{efirer}l Seft]ca6 Dlusist Form 5: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal oftire hrm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E-Verifr Company Proflle page or a copy ofthe fully executed E-Veriff Memorandum of Understanding for the compatly. Failure to include this Afiidayit and acceptable evidence of enrollment in the E-Yerifv orwram mav deem the Vendor's DroEosal as non- responsive. Collier County will not intentionally award County conilacts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ('INA"). CollierComtymayconsidertheemploymentbyanyVendorofunauthorizedaliensaviolationofSectionZV4{(e)oftheINA. Such Violation by the recipient of the Employment Provisions contained in Section 27aA @) of the INA shall be grounds for unilateral termination ofthe contract by Collier Coturty. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the i986 Immigration Act and subsequent Amendment(s)) and agfees to comply with the provisions of the Memorandum of Understanding with E-VeriS and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operafed by the Department of Homeland Security in parbrership with the Social Security Administration at the time of submission of the Vendor's proposal. CompanyName Print Name Signature State of Floridr A+ Environmental Restoration, LLC Date 9-7-18 Countv of DeSoto The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuraey of this affidavit to interrogatories hereinafter made. Title President .."r::'";i'1.. KRISTA MARIE VIGNE-';Eftfr,;', Notary Public - Stateof Florida ,,;k@?c .,i"#:ffi, L:i l',T11,, ?':,9l LSJ- Bonded throuqh Nationdl Notdry tusn. ;*- Cotfi*, CoI,rr4tJff*: Ilr,:;;;; Form 6: V.oOo. ionrtitrt. W - S Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is reguired to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). FloridaStatute 119.071(5)requiresthatthecounty notify you in writing of the reason for collecting this infonnation, which will be used for no other purpose than herein stated. Please complete al1 information that applies to your business and retum with your quote or proposal. 1. General Information (provide all information) Email Jim@aplusenvironmentalrestoration.com 2. Company Status (check only one) 3. Taxpayer ldentification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 81-0876194 Vendors who do not have a TIN. will be required to provide a social securify number prior to an award 4. Sign and Date Form: Certi{ication: IJnder nalties the inlormation shown on this lorm is cotect to mv know Date 9-7-t8 Title I President Phone Number (863) 494-7585 A+ Environmental Restoration, LLC (as shou,n on income tax retttrn) Business Name (if di{krenr t'rotn larpayer name) Address 4346 SW"Hull Avenue 863)494-7585 p*,it Krista(daplusenvironmentalrestoration.com Remit / Payment Information (Must be filled out) Address P.O. Box 3410 State FL zip_]a61 Order Information (Must be filled out) Address 4346 SW Hull Avenue Ciry Arcadia 5,u,. Individual / Sole Proprietor _Corporation Partnershlp _Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC s0l (c) 3) X Limited Liabilify Company C Enter the tax classification /n: D;"..-^.,1./1 tr-f;t,, f -/-^m^/nrina P- Pnvtuoroh) Department of State /Division of Corporations /Search Records /Detail By Document Number / Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Detail by Officer/Registered Agent Name Florida Limited Liability Company A+ ENVIRONMENTAL RESTORATION, LLC Filing Information L14000157860 81-0876194 10/09/2014 FL ACTIVE LC AMENDMENT 10/01/2015 NONE Principal Address 4346 SW HULL AVE ARCADIA, FL 34269 Changed: 08/15/2018 Mailing Address P.O Box 3410 Arcadia, FL 34265 Changed: 03/16/2015 Registered Agent Name & Address Deriso, Kayla 2731 SW CR 661 ARCADIA, FL 34266 Name Changed: 03/16/2015 Address Changed: 06/17/2017 Authorized Person(s) Detail Name & Address Title P DERISO, JOEL, II PO BOX 3410 ARCADIA, FL 34265 D IVISION OF CORPORATIONSFlorida Department of State Title Secretary DERISO, KAYLA PO BOX 3410 ARCADIA, FL 34265 Title Treasurer Deriso, Lauren Elizabeth 2731 SW CR 661 ARCADIA, FL 34266 Title VP Deriso, Jordan 2731 SW CR 661 ARCADIA, FL 34266 Annual Reports Report Year Filed Date 2017 06/17/2017 2017 11/10/2017 2018 03/09/2018 Document Images 03/09/2018 -- ANNUAL REPORT View image in PDF format 11/10/2017 -- AMENDED ANNUAL REPORT View image in PDF format 06/17/2017 -- ANNUAL REPORT View image in PDF format 05/01/2016 -- ANNUAL REPORT View image in PDF format 10/01/2015 -- LC Amendment View image in PDF format 08/25/2015 -- LC Amendment and Name Change View image in PDF format 03/16/2015 -- ANNUAL REPORT View image in PDF format 10/09/2014 -- Florida Limited Liability View image in PDF format Florida Department of State, Division of Corporations INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Westfield Insurance Company Bridgefield Employers Ins Co Admiral Insurance Company Houston Casualty Company 11/27/2018 Bouchard Insurance (KIS) 222 Church Street Kissimmee, FL 34741 407 847-2841 407 847-2841 407 846-2841 A+ Environmental Restoration LLC P O Box 3410 Arcadia, FL 34265 24112 10701 24856 42374 A X X X PD Ded:1,000 X X X CMM4581760 05/19/2018 05/19/2019 1,000,000 500,000 1,000 1,000,000 2,000,000 2,000,000 A X X PIP $10,000 X X X X CMM4581760 05/19/2018 05/19/2019 1,000,000 A X X X X CMM4581760 05/19/2018 05/19/2019 4,000,000 B N X 83055794 07/22/2018 07/22/2019 X 1,000,000 1,000,000 1,000,000 A C D Rented/Leased Equ Pollution Professional CMM4581760 FEIECC2423601 HCC1865886 05/19/2018 05/19/2018 02/09/2018 05/19/2019 05/19/2019 02/09/2019 200,000 / Ded $1,000 1,000,000 1,000,000 Certificate holder is additional insured as respects General & Auto Liability only if required by written contract, and subject to the terms, conditions and exclusions as specified in the policy. Waiver of subrogation applies in favor of certificate holder as respects General Liability only if required by written contract, and subject to the terms, conditions and exclusions as specified in the (See Attached Descriptions) Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 1 of 2 #S954260/M925536 AENVIRONClient#: 25529 SHAR1 16.D.7.f Packet Pg. 1444 Attachment: 18-7459 A+Environmental_Insurance_11-28-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) policy. Umbrella follows form. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. Contract No. 18-7459 "Exotic Vegetation Removal 2 of 2 #S954260/M925536 16.D.7.f Packet Pg. 1445 Attachment: 18-7459 A+Environmental_Insurance_11-28-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) MULTI -CONTRACTOR AWARD AGREEMENT # 18-7459 for EXOTIC VEGETATION REMOVAL THIS AGREEMENT, made and entered into on this day of 20_, by and between EarthBalance Corporation , authorized to do business in the State of Florida, whose business address is 2570 Commerce Parkwav, North Port, Florida 34289 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3_) year period, commencing MR upon the date of Board approval ❑ , and terminating three (3 ) year(s) from that date or until all outstanding N Purchase Order(s) ❑ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a *Purchase Order FINOtiG8 tG PFOGeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ O Other Request for Qualification (RFQ ) # 18-7459 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 FE� The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. 0 The procedure for obtaining Work under this Agreement is outlined in I Other Exhibit/Attachment: Work Assignment Procedure 3.4 R The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM, Q The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ Ran Rnhed PF Ge6 shall be balsedd eR Exhibit Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". F -I The Geunty shall play 'he GentFaStOF f9F the PeFfGFnqanGe _f +k;- A -FeeM81FIt _-I- estimated srt� -amount A ($ >> +�- ;est+ee-4-a . ❑ q6iGted pFiGeS 6hall be barsed GR Ghedule. ., 4.1 Price Methodology (as selected below): [0-1 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. A.— billiRg rate by Page 2 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 = - - - No - - 11-111- 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.]_ ON O 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: EarthBalance Corporation Address: 2570 Commerce Parkway North Port, Florida 34289 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Cristine Borowski, Assistant Vice President Nczifra@earthbalance.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Division Address: 15000 Livingston Road Naoles. Florida 34109 Administrative Agent/PM: Melissa Hennig, Senior Environmental Specialist Telephone: 239-252-2957 E-Mail(s): Melissa. Hen nig colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B,t❑ Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. B ❑ sN� _ IlMiis Gf Re# -fess tha- $ ea�fi�71RTTGT,Td a9nronoi € ❑Cyber Liab ity, Coverage r -,hall have minimum limitls ef $ PeF Glai ❑6hall hay,f a �e sla+ Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page 5 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), FNI Exhibit A Scope of Services, ❑ Exhibit B Foo SGhed6ile_-. ❑ PFP4 ❑ 4-T/❑■ Other Request for Qualifications # 18-7459 , including Exhibits, Attachments and Addenda/Addendum, ❑■ subsequent quotes and corresponding contract documents,■❑ Exhibit C-1 Public Payment Bond, ❑E Exhibit C-2 Public Performance Bond, ❑■ Exhibit D - Release and Affidavit Form, ■❑ Exhibit E — Form of Contract Application for Payment, MR Exhibit F - Change Order, ❑■ Exhibit G - Certificate of Substantial Completion, X Exhibit H - Certificate of Final Completion, 0 Exhibit I - Warranty, and ❑■ Other Exhibit/Attachment: Work Assignment Procedures 17. APPLICABILITY. Sections corresponding to any checked box (N) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver O`d0 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. 0 BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 9 23. *LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. Al PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. 0_1 CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28.❑ CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32.❑ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 N Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. 0■ COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 35. FE -1 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE.Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 FE -1 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. FNI ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ip �" P i, 'P = - - = - Me lie 1 ■. - - - - - - - as -- 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 N background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. ■� SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.,1� a 0 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K, Kinzel, Clerk of Courts & Comptroller By: Dated (SEAL) Contractor's Witnesses: � c Contractor'k5 st Witness TTypelpri ess names Contract s Second Witness TTypelprfnt witness name' Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA an Andy Solis, Esq , Chairman EarthBalance Corporation Contractor By: £fin Signature far' .i%► a � � _ � `� � � �-- Cab 1TTypelprint sig re and titleT Page 16 of 33 Multi -Contractor Award Agreement 2017.006 V r Exhibit A Scope of Services FO -1 following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 18 -7459 -Exotic Vegetation Removal EXHIBIT A SCOPE OF SERVICES Services for the removal of exotic and other nuisance vegetation by manual and mechanical methods including chemical and/or physical removal. Trees, bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc. and/or treated with chemicals, or removed by other methods depending on the requirements of the particular project and as directed by the County department. Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State law, and the named awardee(s) must provide and maintain all applicable licenses during the duration of the resultant contract. Species to be removed during the duration of this contract include, but are not limited to: • Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC) invasive species list. • Any other undesirable species as directed by the project manager. Additionally, the Contractor(s) must: 1. Provide professional assistance determining the most effective methodology to remove exotic vegetation. 2. Not dispose of debris into waterways. 3. Provide per acre pricing quotes on each project as requested by the project manager. The County may seek price quotes from one, or all, Contractors on the contract (as described in the Work Assignment Procedure). Quotes must include description of the project, location, description of the service to be provided and cost per acre. Contractor's quotes must be detailed as described by the Project Manager and Contractors' invoices must match quotes. 4. Coordinate with other selected Contractor (s) to complete the job as directed by the project manager. 5. Provide the service so as not to damage or destroy native vegetation within the area of exotic treatment. Due caution must be given to the surrounding habitat. 6. Minimize disturbance to surface area. Replace damaged native vegetation according to County Code. 7. Provide equipment in good repair necessary to perform the described services in particular and the equipment necessary to complete related tasks. If additional equipment (i.e. crane, bucket truck, ditch witch, etc.) is needed, the County must be notified in advance, for final approval. The reimbursement of rental equipment expense shall be at cost, commencing when it arrives at the service site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. 8. Ensure that all equipment (i.e. owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference, prior to entering the project site to commence work. Collier County staff reserve the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 9. Document pre -project existing conditions of project site and adjacent private property by photographs, video or other means at each work site, prior to commencement of any work, upon County's request. 10. Restore any damages caused by the completion of this project to the documented pre -project condition. Should a damage dispute arise, and the Contractor subsequently disputes the claim, it is the Contractor's responsibility to provide pre -project existing condition documentation. 11. Provide the Project Manager with a written list of all herbicides, adjuvant, and diluents and their mixing ratios. 12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within the right-of-way and/or easements. All operations shall be in accordance with a Collier County's Maintenance of Traffic Policy, #5807, Revised January 1, 2005, copies of which are available at: http://purchasing.colliergov.net/Vendors/Shared%20Documents/Maintenance%20of%2OTraffic%20( Page 1 of 2 SID MOT).pdf. A Maintenance of Traffic Plan shall be approved in writing by the Department prior to the start of the project. Any equipment left in the right-of-way overnight shall be parked outside of the clear zone and as close as possible to the right-of-way line. No equipment shall be parked in the median regardless of the width of the median. 13. Inform the County Project Manager of work location and proposed schedule. 14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and unsightly vegetation materials on a daily basis. Daily clean-up operation must include removal and proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval of project manager, to be determined in advance. Ruts made in the soil must be removed by the Contractor. 15. Provide for a maximum of two (2) months, or less if directed by the Project Manager, mortality evaluation period from the substantial completion date noted in any order provided by the department to the Contractor. The Contractor shall demonstrate to the County that all exotic vegetation on site has been exterminated to the complete satisfaction of the department. Any re -growth of stumps or plants that were not eradicated shall be properly re -treated by the Contractor at no additional expense to the department. Following this secondary re -treatment, there shall be a one (1) month, or less if directed by the Project Manager, mortality re-evaluation period to determine effectiveness of re- treatment. 16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day and include the last day of such a period. If the last day of any such period falls on a Saturday or Sunday, or any County observed holiday, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the County department Project Manager. 18. Park vehicles and equipment in areas designated only by the County department and with prior permission of the Project Manager. Page 2 of 2 9 Exhibit B Fee Schedule ❑ following this page (pages through ) 0 this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, and (Business Address) to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our representatives, successors and assigns, jointly and severally. Bond No. Contract No. as as Surety, located at are held and firmly bound heirs, executors, personal WHEREAS, Principal has entered into a contract dated as of the _day of , 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 S Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20 by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) E Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this of as of to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) 20 , by_ Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 E ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of '20—, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF 20 PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of of corporation, on behalf of the corporation. as identification and (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 9 ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_,, by _ , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 11-1 ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ( ) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAM E: (Legibly Printed) Notary Public, State of Commissioner No.: Page 25 of 33 �j Multi -Contractor Award Agreement 2017.006 Ver 1-bJ ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ __% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title) Page 26 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 .f'39 ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: I I Change #: = Purchase Order #: I = Project #: Contractor/Firm Name: �— Project Name: Project Manager Name:— Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes 1 $ 0.00 #DIV/0! Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 27 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 9V,:) ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1� O� The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title M CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ c OWNER Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 Ver.113 ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To •C 12 1 And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.O a� 0 ❑ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.l Description Other Exhibit/Attachment Work Assignment Procedures ❑■ following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017.006 Ver.I O �7 O 18-7459- EXOTIC VEGETATION REMOVAL WORK ASSIGNMENT PROCEDURE The County reserves the right to select one or more Contractors(s) in the following manner: For work less than $25,000: the County shall select one of the Contractors or quote out the work among all the Contractors. For work greater than $25,000 and less than $200,000: the County shall quote out the work among all the Contractors or conduct a separate new solicitation. For work that may exceed $200,000: the County shall quote out work among all the Contractors and obtain approval from the Board of County commissioners or conduct a separate new solicitation. The following Articles of the Agreement shall only be applicable for Projects over $200,000 Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 34. Completion ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE LOCKTON COMPANIES 500 West Monroe, Suite 3400 CHICAGO IL 60661 (312) 669-6900 DeAngelo Brothers, LLC t/a Aquagenix /k/a Deangelo Brothers, Inc. t/a Aquagenix 14250 Jetport Loop West Fort Myers FL 33913 AC E American Insurance Company 22667 American Guarantee and Liab. Ins. Co.26247 National Fire and Marine Insurance Co 20079 X X 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 X 2,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X 25,000,000 25,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 A ISA H09091270 11/1/2018 11/1/2019 A HDO G71075825 11/1/2018 11/1/2019 C 42-UMO-304431-02 11/1/2018 11/1/2019 B AEC 9826654-07 11/1/2018 11/1/2019 A WLR C48583441 11/1/2018 11/1/2019 11/1/2019 1417397 Y N N N N N N 11/27/2018 14334906 14334906 XXXXXXX Collier County Board of County Commissioners 3327 Tamiami Trail East Naples, FL 34112 USA RE: For any work performed on behalf of Collier County. Collier County Board of County Commissioners is included as additional insured as required by written contract with respect to general liability per the terms and conditions of the policy. General liability coverage is primary and noncontributory as required by written contract per the terms and conditions of the policy. A 30-day notice of cancellation is included as required by written contract per the terms and conditions of the policy. X X 16.D.7.i Packet Pg. 1446 Attachment: 18-7459 DeAngeloBrothers-dba-Aquagenix_Insurance_11-27-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) EARTHBALANCE® 2570 Commerce Parkway North Port, FL 34289 941.426.7878 WWW. EARTH BALANCE.COM Qualifications Solicitation No.: 18-7459 Exotic Vegetation Removal Collier County Board of County Commissioners Procurement Services Division Evelyn Colon, Procurement Strategist 3295 Tamiami Trail East, Bldg C-2 Naples, Florida 34112 (239) 252-2667 Evelyn.colon@coIliercountyfl.gov Qualifications Due: September 10, 2018 @ 3:00 P.M. RFQ Respondent: Earth Balance° 2570 Commerce Parkway North Port, FL 34289 941.426.7878 Contract Manager: Erik Sandsmark esandsmark@earthbalance.com �EarthBalance" EarthBa/ance Table of Contents 1. Tab 1 — Cover Letter/ Management Summary 2. Tab 2 — Certified Minority Business Enterprise 3. Tab 3 — Firm Proven Experience 4. Tab 4 — Employee Experience 5. Tab 5 — Local Vendor Preference 6. Tab 6 — Required Forms www, earthbalance. com �Eal'thBalanCe Contents Earthealanceo Tab 1— Cover Letter/ Management Summary www, earthbalance, com Ea rthBalance Tab �J EarthBalance September 10, 2018 Collier County Board of County Commissioners Procurement Services Division 3295 Tamiami Trail East Naples, Florida 34112 RE: Solicitation No. 18-7459 Exotic Vegetation Removal EarthBalance@ is pleased to submit the attached qualifications for the Exotic Vegetation Removal services for the Collier County Board of County Commissioners. As evidenced herein, we have the expertise and resources to successfully complete the work described. EarthBalance® has a long history in aggressive control of non-native invasive and exotic plants, and for over 32 years we have been restoring wetlands and uplands throughout the State of Florida, eastern seaboard, southern U.S., and the U.S. Virgin Islands. Our corporate office is in North Port, Florida and we have branch offices in Kissimmee and Fort Myers, Florida. We also have our Operations Center and Native Nursery located in Arcadia, Florida. Our company has the expertise, resources, and technical sophistication to successfully perform this work according to your stated specifications. We have completed numerous nuisance/exotic maintenance projects in Southwest Florida for the Florida Fish and Wildlife Conservation Commission, U.S. Fish and Wildlife Service, National Park Service, Sarasota County, Lee County, Collier County, and the South Florida Water Management District (just to name a few). EarthBalance° has worked on numerous government—owned projects over the years, and we have received positive feedback from their staff regarding our past performance. The primary contact for this solicitation is Mr. Erik Sandsmark, Regional Manager, in the Fort Myers office. His contact information is: Address: 5001 Luckett Road, Unit 2 Ft. Myers, FL 33905 Phone number: 239-851-9394 Email: esandsmark(aearthbalance com The alternate contact for this solicitation is Mrs. Becky Adams, Technical Assistant, in our Corporate Office. She will be in the administration for the contract and will oversee purchase orders and billing. Her contact information is: Address: 2570 Commerce Parkway North Port, Florida 34289 Phone number: 941-426-7878 Email: badams@)earthbalance.com What sets EarthBalance° apart from other environmental restoration firms is that we are trained as environmental scientists AND restoration specialists, resulting in our ecosystem 2570 Commerce Parkway North Port, FL 34289 941.426.7878 earthbalance.com EarthBalance% approach to restoration. Two of our staff are certified Project Management Professionals (PMP), and our internal project management software aids our ability to manage projects through this discipline. Our ground crew supervisors have their certified -applicators licenses and several staff are members of the Florida Exotic Pest Plant Control Council (FLEPPC). We maintain continuous in-house training programs for all employees. We are a "safety first" company and have an excellent safety rating with an Experience Modification Rating (EMR) of 0.75. Project Managers and Crew Supervisors have been trained in safety basics and are first aid, CPR and AED certified. Our in-house crews receive safety training on the proper use of equipment, environmental hazards, and safe operation of a variety of off- road vehicles; and many are first aid, CPR and AED certified. Daily tailgate site specific safety meetings are also conducted and recorded throughout the life of the project. We have been working with Collier County Board of County Commissioners under contract #14- 6332 and have successfully completed or will complete all assigned projects. Our diverse experience and record of success with similar projects enables us to produce the same notable results that we've achieved for you over the past performance contract period. Thank you for this opportunity to present our qualifications and submit this RFQ response. It would be an honor to re-enter into a contract with Collier County Board of County Commissioners. Please feel free to contact me if you have any questions regarding our qualifications. Sincerely, EarthBalance® �w Cristine Borowski Assistant Vice President EarthBalance 2570 Commerce Parkway North Port, FL 34289 (941) 426-7878 www.earthbalance.com 2570 Commerce Parkway North Port, FL 34289 941.426.7878 earthbalance.com EarihBalanceo Tab 2 — Certified Minority Business Enterprise N/A www.eartl7balance.com EarthBalanCe Tab EarthBalance Tab 3 — Firm Proven Experience 1. Capabilities Statement 2. Natural Area Project Table 3. Client Information Table 4. Reference Surveys a. Lee Waller b. Laura Greeno C. Eric Foht 5. SunBiz — State of Florida Record 6. Collier County Landscaping Restricted Contractor 7. Applicator Licenses 8. Bank Reference Letter 9. Bonding Letter 10. Vendor's Insurance Statement www.ealthbalance.com ^EarthBalance Tab /"00� ,/-) EarthBalance� Capabilities Statement With over 30 years of experience, EarthBalancer-1 is one of the largest hands-on ecosystem restoration firms in the country, providing services throughout the southeastern United States and U.S. Virgin Islands. We provide materials and services to restore and protect land with native habitats, including wetlands, shorelines and other lands regulated for environmental protection. We apply environmental science and industry-leading technologies to develop ecological solutions that balance nature with the needs of people. We mobilize our well trained workforce, specialized equipment and plant material under professional supervision and strict safety standards. Our commitment to service, integrity, quality, safety, knowledge and cost effectiveness makes EarthBalance`�' a trusted partner to the many clients we serve. • FEID:59-2612208 • DUNS No. 61-4631190 • Type of Firm: Corporation • In Business Since 1985 • Website: www.earthbalance.com • President/CEO: Sarah J Laroque 2570 Commerce Parkway North .Port, FL 34289 (P): 941-426-7878 (F): 941-426-8778 (E): slaroque@earthbalance.com • Current EMR: 0.75 • $20 million in Aggregate Bonding • 90+ Employees • Full-time, experienced crews • Certified Project Management Professionals (PMP) • Team includes degreed wetland scientist, biologist, and botanists • Applicators Iicensed in Aquatic, R -O -W, Forest and Natural Areas • Trained in native and invasive plant species identification • Nuisance/Exotic Species Removal • Beach and Coastal Restoration • Upland/Wetland Preserve • Aquatic Management Services Maintenance • Marsh Revegetation • Native Plant Nursery Sales • Mangrove Trimming • Wetland Mitigation Management • Native Plant Installation Our Ecosystem Restoration Scientists and Restoration Crews have the experience required for project success. EarthBalance* fights exotic plant invasion with techniques appropriate to protect and manage natural ecosystems. Our solutions, customized to each situation, include selective hand removal of exotic plants in highly sensitive areas, aerial spraying of herbicide, and mechanical removal. Invasion of exotic plants or nuisance plants often follows some environmental change that must be corrected to sustain control of these unwanted plants. At EarthBalance', we work to identify the factors we can correct to make long-term control achievable for the least cost. We constantly We constantly explore ways to make exotic plant control less expensive, and therefore achievable over larger landscapes. 1.888.536.2855 www.eartlibalance.com info 'u.earthbalance.coin c o . 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N �_ c 8L to E i V .:S .On fa Ln cn f6 O — io ; v c y c ra C7 y� ° w a= n .0 _ E a fn O Q) '� E u fn v s m c ra c Qj = �, .t7 fa _ Z O 0 O I- U U E O .� N N N c °vi f0 ° _^ N N° O fn v� fa . v E L Est o fv = L E a> °��u tiv E ao a, n� X = E Q) fv fa n ro = O fa �a n O> ra O fa p c O to fa ra v c> d) a E i=_ N fa = H a)U a2O wc$ saU F- O w� O o0 -F- a.SO o= oJ,S o�7k t2$2 &0k ? \ \ t z = @ t 0 ` 02 k \ / f \ § \ \ k \ \ E S 7 Qj\ E 0 2 \ajCL ° OL IA $ k / ƒ \ V 11) CL $ ƒ � / ? 0 $ k = = $ 5 ° L / / _ � @ Ul)\ $ m// \ k\ £��5"M Um Ve /LL u I- LL « E0�/»\� » ± _ / 12 �& m ƒ u fu ± JfmJ 2\C) & 22\ Ln _ fe /2$25ICs $\%« f § > _ o= c k/ \ /� k 0 _ �0 / .0 § e _ e ° @ � _ U ± / 0 7 2 z » 6 $ ) ® 0 $ 7 LI) § 2} k E 2 i E /ƒ \30 Ch E - c I E 2 9u �mn / / t o,/ k c . � f U = S // 2 \/\//\ ? \ \ Ga uer C O;t"Ey AO—sta" S©raoes OapalvTwW i `'U:LCr IW�t '7�,1[e35 ✓i. rr.r Reference Questionnaire Solicitation: 18-7459 Exotic Vegetation Removal Reference Questionnaire for: EarthBalace Comorttion (Name of Company- Requesting Reference Information) Nora Czifra, Proposal Specialist (Name of Individuals Requesting Reference Information) Name:Lee Waller Company: Lee County Board of County (Evalua for completing reference questionnaire) Commissioners (Evaluator's Company completing reference) Email: k%aller:�I:Jee nv.com FAX: 239-485-2300 'relephonc. 239-707-0862 Collier County has implemented a process that colleets reference information on firms and their key personnel to be used in the selection of firms to Perform this project. The Name of the Company listed in the Subject above has listed you as a client for which thea' ha�,e pret,iouasly Pcrr0rmed stork. Please complete the survey. Please rate each criteria to the best ofyww knowledge nn a scale of I EU 10- with 10 representing that you were very satisifed (and would hire the firm/individual again) anti I representing that Sou were very taisaiistied (and would never hire the firm/indivdival again). Ifyo.0 do not have sufl icient knowledge of past performance in a particular area., leave it blank: and the item or Corm ►vill tae scared `Y1." (Plea-) note, references from C'other County staff will not be accepted.) Project Description: Two nuisance and exotic vegetation Completion Date: 8.23.2018 maintenance events on approximately 61.7 acres of preserves at the Caloosahatchee Creeks Preserve Project Budget: $37,4212.00 Project Number of Days: 14 Days Coreer County Administrative Seances i?epattment Procurement Services Division Reference Questionnaire Solicitation: 18-7459 Exotic Vegetation Removal Reference Questionnaire for: EartliBalace Corporation (Name of Company Requesting Reference Infonnation) Nora Czifra, Proposal Specialist (Name of Individuals Requesting Reference Information) Name: Laura Greeno Company: Lee County Board of County_ (Evaluator completing reference questionnaire) Commissioners (Evaluator's Company completing reference) Email: [ ree'tlp[aiee ov.com FAX: 239 485-2302 Telephone: 239) 707-2206 Collier County Imus implemented a process that collects reference information on firms and their kev personiel to be usod in the selection of times to perform this project The Name of the Company listed in the Subject above has listed you as at client for which they have previously performed work. PIease complete the survey. Please rate each criteria to the hest of your knoMe dge on a scale of 1 to 10, with 10 representing hi that you were very satisifed (and would hire the firm/individual again) and 1 representing that vnu mere vcry unsatisfied (and would never re the firm/indivdival again). If you do not lieve sufficient knowledge 01, past performance in a particular area, leave it blast and the item or form will hc. scored --W' (Please; note, references from Collier County staff will not be accepted.) Project Description: One-time nuisance and exotic Completion Date: 5.7.2018 vegetation treatment sweep on approximately 196 acres of preserve at the Alva Scrub Preserve parcel 325. Project Budget: $36,988.00 Project Number of Days: I 1 Days cafer county Administrative Services Department Procurement Services Division Reference Questionnaire Solicitation: 18-7459 Exotic Vegetation Removal Reference Questiomlaire for: EarthBalace Corporation (Name of Company Requesting Reference Information) Nora Czifra, Prolx►sal Specialist (Name of Individuals Requesting Reference Information) Name: Eric Foht Company: Naple Botanical Garden (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: I:sFoht!ri;n€= [es rdeu.ox' FAX: 239-649-7306 Tete hone: 239-919-7386 Collier CounIN has implemented a process that collects reference information on firms and their key personnel to be used in the selection oC frons to perform this project. The Na ne of the Company listed in the Subject above has listed You as a client for ►which they ]cave previously performed ►work. Please complete the survey. Please rate each criteria to the best of gout' knowvledge On a wale Or !'to 10, with 10 representing that you were ver, satisifed (and would hire the tixnlriwere again) and l representing that you ere veru unsatisfied (and would never hire the firm/indivdival again), 1Fyou do not have sufficient know► [edge of pttst performance in a particular area, leave it blank and the item or forin i% ill be scored "(]," (Please note, references from Collier County staff will not be accepted.) Project Description: Nuisance and exotic plant species Completion Date: 2,28.2018 maintenance on 94 acres of preserves Project Budget: $17,495.00` Project Number of Days: 7 Days Detail by Entity Name Florida Department of State 1� rtn a/jrmi All? of Hfwid a w0v¢ e? Department of State / Division of Comorations / Search Records / Detail By Document Number / Detail by Entity Name Florida Profit Corporation EARTHBALANCE CORPORATION Filing Information Document Number H84315 FEI/EIN Number 59-2612208 Date Filed 11/04/1985 Effective Date 11/01/1985 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/30/2013 Event Effective Date NONE Principal Address 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Changed: 09/13/2016 Mailina Address JACK O. HACKETT II 99 NESBIT STREET PUNTA GORDA, FL 33950 Changed: 03/31/2015 Registered Aaent Name & Address HACKETT, JACK 0, II FARR LAW FIRM 99 NESBIT STREET PUNTA GORDA, FL 33950 Name Changed: 04/29/2013 Address Changed: 03/31/2015 Officer/Director Detail Name & Address Title VPSD KOCUR, CHARLES LJR Page 1 of 3 DIVISION OF CORPORATIONS http: //search. sunbiz, org/Inquiry/CorporationSearch/S earchResultDetail?inquirytype=Entity... 8/3/2017 Detail by Entity Name 27320 EGRET PL. PUNTA GORDA, FL 33983 Title COB, D ROSS, DONALD H 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title VPT BURNETT, KAREN F 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title P, CEO, D LAROQUE, SARAH J 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title VPD WALTIMYER, WADE R 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title D STEVENS, M. GRAY 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Title AVP BOROWSKI, CRISTINE A. 2570 COMMERCE PARKWAY NORTH PORT, FL 34289 Annual Reports Report Year Filed Date 2016 04/13/2016 2016 08/22/2016 2017 01/13/2017 Document Imaaes 01/13/2017 -- ANNUAL REPORT View image in PDF Format M-0612013_- AMENDPORT View image in PDF format 1 d -- A MENQED ANNUAL REPORT View image in PDF format 04/13/2016 -- ANNUAL REPORT View image in PDF format 41 15 •• N REAORi View image in PDF format 03/31/2015 -- ANNUAL REPORT http://search. sunbiz. org/Inquiry/CorporationSearchISearchResultDetail?inquirytype=Entity Page 2 of 3 8/3/2017 COLLIER COUNTY CERTIFICATE OF COMPETENCY CERTIFICATION INFORMATION C34042 Certification Information Collier County Board of County Commissioners Date: September 29, 2017 DBA: EARTHBALANCE CORPORATION (DBA) EARTHBALANCE ADDRESS: 2579 N TOLEDO BLADE BLVD NORTH PORT, FL 34289 - PHONE 9414267878 CELL: 9416283646 FAX: 9414268778 LICENSEE NBR C34042 QUALIFIER: MITCHELL MOORE KOCUR, CHARLES L. TYPE: LANDSCAPING RESTRICTED CONTR. INSURANCE: General Liability August 23, 2018 Worker's Compensation April 01, 2018 CLASS CODE: 4235 ISSUANCE NBR: 201200002303 ORIG ISSD: December 14, 2012 EXPIRATION: September 30, 2018 NOTE: It is the Qualifier's responsibility to keep all business, licensing and requirements current and to provide up to date copies for Collier county files. This includes all insurance certificates and any change of address information. Collier County * City of Marco • City of Naples Contractor Licensing LANDSCAPING RESTRICTED CONTR, Cert Nbr: Exp; Status: C34042 09/30/2018 Active EARTHBALANCE CORPORATION (DBA) EARTHBALANCE MITCHELL MOORE KOCUR, CHARLES L. 2579 N TOLEDO BLADE BLVD NORTH PORT, FL 34289 - Signed: COMMERCIAL APPLICATORS LICENSES hinut at Nitulturt anb cLmsuntrf Pesticide Certification Office Commercial Applicator License License t# CM20664 LAKNUE, JAMES ANDERSON 24, 2014 Categories 5A, 21,6 Expires: September 30, 2018 -;--c ADAM H. PUTNAM, COMMISSIONER . ifdividusl a y°k,she pro w.. or ct pw 417, Fs. io pumhae a,d appy "Slnx �d u,e lrloriba Department of Sggriu ltiire anb Con5utuer jberbice5 Pesticide Certification ofriice Commercial Applicator License License # CM17292 HF.NSEL:, CHRISTINA MARIE Categories 21, 6, SA, 2,3 Issued: June 21, 2017 Expires: June 30, 2021 5sy,rhdiur. l' i.irdlssec ADAM IT, PUTNAM, COMMISSIONER 11—tsuve irdIvidual is licmued undr its p,uri•� _ of Cnyaer4111, y 8_ Wp,�ha,a ,,,d spay d� w� paicid.. fflartDaZCPartlygrMl Of A(lTtcllftelrr allb CanSu" ii6rrWrs Pesticide i:criHlwllort ()MCC Commercial Applicator I -We&= l.ityllL"•c d CNI22699 SJERVM CALVIti SACLTH f . r. vret 21. SA �r 34. 29 Ll F.xairvs Jinomet! 31~ i0=� dttJ ea ADAM iL Fv rNA&L txv4vm&WM a1Mnr� a lM�� �,r ra d ('ASM+ 417. V Y — a_.. r - —w — S1141011110 Wrodmiient of fiannature ab Conal mrr stler*n Pesticide Ceriiricnefap CkYtrw Cosanwrcial Apptiewer l.lrepse Lkexae N E M21433 30EM TFIW4A5MAMIFW "sllc linea 1 21 q law". N bar 2016 Exptrrs_-AL 2019 e -3a -+a . #i - -,�rrista:tt:rt.�:�nss.cx�arss!},,,r,• wYi:rewrrse.�.r�srlft�' ,,..r.-.+a,,,.�•• ;-1- a. -florlba btwrtmad of .fariculture anb Consumer b]ierbue5 Pesticide Certification (Mice Commercial Applicator License License # CM24610 KOCUR. THOMAS DAVID Cateaaries 21, 2, SA L9wed: December a 2016 Expires: December 31, 2020 Si of ADAM H. PUTNAM, COMMISSIONER +adi.idor u Ilora,ed aadQ me pnwieiwr of ChWw 497-11-3. m pmchaae ug apply rmricmd use flema ft t vd of 'switulturc anb ftwumtr fitrbwat Pesticide Certification Office Commercial Applicator License License # CM24053 SCHNOKE, ZACHARY A Categories SA, 21 Issued: February10, 916 Expires: February 29, 2020 ADAM H. PUTNAM, COMMISSIONER i �r��,ln.,a,inliomrd aaln�kNrsidw,ul rkapxte,,Fimpw[iWeam cPPh'Rr7��a uw -florlba b"Padmeut of pgtkwure anti e:alaumtr &rbire5 Pesticide Certilicildon Otnce Commercial Applicator License License 4 CM24052 ADAMS, ANT110NY ALAN CltelkOdOs 4 SA, 21, 2 Issrrd: 4ru n [ 2016 &Bpireel F eht'umry 29, 2020 >*aom.a;,,smdwikn ADAM H. PUMAK COMWS310NeR pNiuJu• mdu rupmri.axeaf Chper4,,, PS wW�a+wea,J,ppy rm4'teNwe 1Pioriba Alepartinent of Agritttlturr anb congumer &rtriceg Pesticide Certification Office Commercial Applicator License License # CM20054 SANDSMARK. ERIK THOMAS Issued:` October 30, 2014 Categories 21 Expires: October 31, 2018 L` ADAM H, PUTNAM, COMMISSIONER The above individual is ii.—d -oder the povisiums of Chapter 487, F,S_ m purchase and apply ratriaed use pesticid.- www.earthbaiance. com EarthBalarice C.OfnWe,'0a1 Agolicacors uclenses COMMERCIAL APPLICATORS LICENSES 1Piuriba a9eparhnent of .'Agriculture anb Con5tlmer Awbire-q Pesticide Certification Otficc Conttnerclal Applicator Lieeusc BALDING, ETHANXAVIF,Ricense# CNI24531 Cate OHCS SA, 21 Issued: Novemb�V, 2016 Expires: November 30, 2020 ��+c+.-•�.. fl[ iC ui I.lCCngCC ❑;<„I-�+u ..nciordn, ADAM$ PUT NAM, COMM1SSIliNER J>zr[,.:,,,.r u,::,icu,ic-t,�iirL,^irz ,,[ovr.Snns of C.��ieriN7 _ p ,P.S,w pu�h�:c nvi apwv nslrlclnl., ac ytoriba mcpartment of Agricutture aftb CenliUmcr Awbito Pesticide Certification Office Commercial Applicator License License # CM21738 ORTIZ, SERGIO HERREJON Categories 21 The above indlvldusl is licensed under the pmvisions of Chaplcr 0.47, p,5, to purehaso and apply nxtrided use pwocidm, Ytortba Mepartment of 99riculture anb Congumer Serbire9 Pesticide Certification Office Commercial Applicator License License # CM20617 GONZALEZ, JUVENCIO Categories 21 I d: September 26, 2014 Expires: August 31, 2018 SI a[IIIe Of LMce"cc ADAM 11, PUTNAM. COMMISSIONER I7wabo individual is licenud unser the ps+Mnnna orChopicr 4s7, FS, to Purchvs and apply revuiacd uvc ne.uelae. www.earulvdIdnce,com r rtlBitldi}ire flm-Wt arpastrulRt 0 a1mrsita[r anti CatEslunw 6CONIts YMiClcudeCieefhlegttaa Once C -7-fr 1ereW .1.inp1ie-wrn•r tsimnge Brceoee dl L'tIk�24i! Ci ',RRION, IA,'sF4 I:,.pltCac7 r1CS s� F:YfMtC4, ,Id1aLL97}" #1, y[t�� 34mai w of L.Cli![t RJ,L.i i F4 T :,t'61, f:Ci?:I t3i51U"%L: sur€rvAn.TFrez,t„I•��- ffloriba Me"rtment of agrittdture ant Conlrumer *evbirt5 Pesticide Certifiention Office Commercial Applicator License License # CM25699 KANIINSKI KAMINSKI. HILARY Categories 21 Issued: August 29, 2018 Expires; August 31, 2022 SlKtlIIRICC nF 1.1' age ,ADAM H. PU'rNA..',1, COMMISSIONER Th—b—' inili, iAl i, Iitenaul ,uelcl the p,n,%yonv of ehupler-W, h S lu puwhm, xnd apply m ou d u,v W,Ileidus. fftoriba Bepartment of 3griuilture anb Consumer Olerbite5 Pesticide Certification Office Commercial Applicator License License # CV121697 LOPEZ. JUAN JOSE Categories 21 Lssu�ed: June 23, 2016 Expires: June 30, 2020 Signature, pi r�ce ADAM I1. ALINAM,COMMLS,4rONER the Amt individual ,s li--d -d,r the p,nvisinns al Chnple, 457, h S to pomhmc and apply --I_ iwvew-jA ItOrN Mewrtment of 99ritutture anti Consumer oerWm Pesticide Certification Ofte Commerclai. Applicator License License # 0122061 OR114 ANTONIO Categories 21 Rued: December S, 2016 Si�seW[e of Li ----- Expires: January,31, 2021 ADAM IL KJiNAM, COMMISSIONER :9—d -d. d. pu Wb of Carr 967, P.S. la pattw w sdy s.nin.d ... Commercia/App/icators Ucenses Issued: June 23, 2016 Expires: June 30, 2020 0 Signat of Licensee ADAM H. PUTNAM, COMMISSIONER The above indiviAual ix licensed under the provisions ol'Chnpler 987, P 5. [o purchase anJ apply n;su,aul use pes[ie,dcs. f ttirtba ]Depaameut of Agriculture 41i0 CONgUnter jwbiceg Pesticide Certification Office Commercial Applicator License License # CM23947 CERDA, ALVARO LANA Categories 21 Issue cember 211 5 Expires: December 31, 2019 Si [Im of L[Ccn6x ADAM H PU NAM, COMMISS[DNER The above indlvldusl is licensed under the pmvisions of Chaplcr 0.47, p,5, to purehaso and apply nxtrided use pwocidm, Ytortba Mepartment of 99riculture anb Congumer Serbire9 Pesticide Certification Office Commercial Applicator License License # CM20617 GONZALEZ, JUVENCIO Categories 21 I d: September 26, 2014 Expires: August 31, 2018 SI a[IIIe Of LMce"cc ADAM 11, PUTNAM. COMMISSIONER I7wabo individual is licenud unser the ps+Mnnna orChopicr 4s7, FS, to Purchvs and apply revuiacd uvc ne.uelae. www.earulvdIdnce,com r rtlBitldi}ire flm-Wt arpastrulRt 0 a1mrsita[r anti CatEslunw 6CONIts YMiClcudeCieefhlegttaa Once C -7-fr 1ereW .1.inp1ie-wrn•r tsimnge Brceoee dl L'tIk�24i! Ci ',RRION, IA,'sF4 I:,.pltCac7 r1CS s� F:YfMtC4, ,Id1aLL97}" #1, y[t�� 34mai w of L.Cli![t RJ,L.i i F4 T :,t'61, f:Ci?:I t3i51U"%L: sur€rvAn.TFrez,t„I•��- ffloriba Me"rtment of agrittdture ant Conlrumer *evbirt5 Pesticide Certifiention Office Commercial Applicator License License # CM25699 KANIINSKI KAMINSKI. HILARY Categories 21 Issued: August 29, 2018 Expires; August 31, 2022 SlKtlIIRICC nF 1.1' age ,ADAM H. PU'rNA..',1, COMMISSIONER Th—b—' inili, iAl i, Iitenaul ,uelcl the p,n,%yonv of ehupler-W, h S lu puwhm, xnd apply m ou d u,v W,Ileidus. fftoriba Bepartment of 3griuilture anb Consumer Olerbite5 Pesticide Certification Office Commercial Applicator License License # CV121697 LOPEZ. JUAN JOSE Categories 21 Lssu�ed: June 23, 2016 Expires: June 30, 2020 Signature, pi r�ce ADAM I1. ALINAM,COMMLS,4rONER the Amt individual ,s li--d -d,r the p,nvisinns al Chnple, 457, h S to pomhmc and apply --I_ iwvew-jA ItOrN Mewrtment of 99ritutture anti Consumer oerWm Pesticide Certification Ofte Commerclai. Applicator License License # 0122061 OR114 ANTONIO Categories 21 Rued: December S, 2016 Si�seW[e of Li ----- Expires: January,31, 2021 ADAM IL KJiNAM, COMMISSIONER :9—d -d. d. pu Wb of Carr 967, P.S. la pattw w sdy s.nin.d ... Commercia/App/icators Ucenses COMMERCIAL APPLICATORS LICENSES —•••• ,'•�•� �r Ol�i� SWAM Ea OrPaMnInt of AVULllurr aub can5uIntr �,irl A�>teMyv;�a� �4�ti,idr C'ertit;iestiaa iMkr lia+wrle ■ C'M� ['ommltres.l .�ppilratnr i.ictreae Licrese I C►i22I2 j r X)A+;+ Cxestermk SA IT glob= ft"dw^ We 4.. immy AIM Noyrmber 3% 3M elz`'e w AAW J[ ......� V' F l °r AMM K FJIHAKCU� rr.l�dclimpodIR, rim -Plortba Mtortment of fgrkulturt anb canSamer *et'iaag Pesticide Certlflcation office Commercial Applicator License License # CMM766 WALTIMYER, WADE ROBERT Categories 21 Issued: j �Mareb 6, 2015 Expires: November 30, 2019 S�gomturc v[ Liccnsoc AL7AM H- PUTNAM, COMMISSIONER The eb— individual is lice.ed under �Le proviso. o!Clupler 9117. F 5 m P.chae and apply mtriaed uM Peracids.. Www, 60ef i`MbdIe7ce. corn Commercial App1r'Caror Licenses �—EarthBalance BBVA Compass Creating Opportunities July 20, 2018 Earthbalance Corporation 2570 Commerce Parkway North Port, 1=L 34289 To: Sarah Laroque, President RE: Financial Status Earthbalance Corporation became a client of BBVA Compass in early 2018 and has paid as agreed on the credit facilities extended to the company. The credit relationship includes a line of credit in the amount of $1,500,000 and other term debt, specifically a commercial mortgage and multiple equipment facilities. i The deposit and cash management relationship can be classified as positive. Please contact me directly at (941) 539-5496 for further information or confirmation. Thank you. Sincerely, Nicholas Roberts Market President BBVA Compass 941-539-5496 Nicholas. rober#��3a bl��raa.corn FLORIDA SURETY BONDS, INC. August 17, 2017 RE: Earthbalance Corporation To Whom It May Concern, 620 N. Wymore Road Suite 200 Maitland, FL 32751 (407) 786-7770 ♦ Fax (407) 786-7766 1326 S. Ridgewood Avenue, Suite 15 Daytona Beach, FL 32114 (386) 898-0507 ♦ Fax (386) 898-0510 Toll Free (888) 786 -BOND ♦ Fax (888) 718 -BOND www.FloridaSuretyBonds.com We are pleased to be the surety agents for Earthbalance Corporation and have served them since 2007. Bonds are currently written through North American Specialty Insurance Company which is A.M. Best Rated "A+, XV" and has a U.S. Treasury Listing of $23,359,000. We have investigated both the performance references and the financial capabilities and are pleased to recommend them to you. They have built a fine team of professionals and I'm sure that you'd be pleased with their work. We usually anticipate no difficulties in providing surety bonds for Earthbalance Corporation in the $7,500,000 single, $20,040,000 aggregate range. This letter is not a commitment to provide any bonds unless all underwriting requirements including contract, bond form and financing review are met prior to issuing any bonds. Neither our agency, nor the surety is liable for any damages relating to this letter or project. Should you have any questions, please do not hesitate to contact us. Sincerely, Susan Reich Vice President INSURANCE AND BONDING RE I]iREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Linuts of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements E' idence of Workers' Compensation 0.0verage or a Certificate of Exemption issued by tile; State of Florida is required. Entities that are formed as Sole Proprietorships shall not lx required to provide a Drool' o€' exemption. An application for exemption e:an be: obtained online at lilt 11a ti.11ellS.eOli7�l]OCe xen] TlI 2. ® Employer's Liability $_1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current S 1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury l..iabi€itY and Property Damage Liability. This shall include Premises and C. Operation&, Independent Contractors; Products and Completed Operations and Contracltutl Liability. 4. ® hldemnification To the nutximurn extent permitted by Florida law. the ContractorNendor shall delend. indemnity and hold harmless Collier C:ount%?. its otYzcers and employees from anv and all liabilities, damages. losses and costs, inchiding, but not limited to, reasonable attorneys' fees and paralegals' tees, to the extent caused h} the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone; employed or utilized by the Contractor/Vendor in the perrorna ace or this Agreement, 5. ®Automobile Liabilit<� S_1,000,000_ Each Occurrence-. Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (,Tones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. S Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Projeet Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions S Per Occurrence 7. ❑ Bid bond Shall be submiud With proposal response inthe form of certified funds. cashiers' check or an irrevocable letter of credit, a cash bond posted With tilt: County Clcrk, or proposal bond in a sum equal it) 5% of the cost Prormsal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust Company located in the State or Florida and insured b� [lie Federal lXposit Insurance Corlioratton. 8, ❑ Performance and Payment For projects in excess Of $200,000. bonds sluill Ix- submitted with the executed contract Bonds I)% Prolu)sers receiving award, and written for 100% 0.f the Contract award arnoUn1, the cost home by [Ile Proposer receiving tin award. The Perl'ornkance and Payment Bonds shall be undLnwri[ten by a surety authorized to do business in the State of Florida and otherwise acceptahic to CMner. provided, however, the surety shrill be rated as "A-" or better as to genuraI policy holders rating and Class V or Higher rating as tea tinanciaI si'l category and (lie amotatl required shall not exceed 5% of the relx)rted poliey holders' surplus, all as reported in the most current Best Key Rating Gui(k-. published by A.M. 13 e s t C ompany. Inc. 01'75 FuIton Strect, New York. New Yank l(1038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide Countv with certificates of insurance meeting the required insurance provisions. 10, ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primaiti and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of Count,,,Commissioners in Collier County, OR Collier CounN7 Government, OR Collier County, The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® Thirty (30) Days Cancellation Notice required, 8/9/18 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm EarthBalance Corporation Vendor Signature ry Print Name Cristine Borowski, Assistant Vice President Insurance Agency_ Wallace, Welch and Willingham, Inc. 300 1"Aye. So., 51 Floor Saint Petersburg, FL 33701 Agent Name Mickey Bell Date 9.10.2018 Telephone Number (727) 522-7777 Earthsalance Tab 4- Employee Experience 1. Jeff Clark Resume 2. Erik Sandsmark Resume a. Stormwater Management Inspector Certification 3. Zack Schnoke Resume 4. Jimmy Laroque Resume a. Best Management Practices Certification b. ISA Arborist Certification c. Airboat Certification 5. Juan Lopez Resume 6. Ethan Baldino Resume 7. Jimmy Barron Resume www, earmbalance, com �[-arthBalarlCe Tab vr-) EarthBalance BACKGROUND Mr. Jeffrey Clark is a seasoned executive with expertise in managing office and field operations. He oversees all operational and project infrastructure and performs assessments to enhance operations and services. Mr. Clark develops highly productive project teams and provides support for enhancements to project time management, client relations, and project cost reduction. His understanding of ecosystem functions results in innovative and cost-effective ecosystem restoration, achieving desired environmental benefits. EDUCATION COLORADO STATE UNIVERSITY — FT COLLINS, CO — MS, FISHERIES BIOLOGY COLORADO STATE UNIVERSITY — FT COLLINS, CO — BS, WILDLIFE BIOLOGY UNIVERSITY OF GEORGIA — ATHENS, GA— BS, ANIMAL SCIENCE SKILLS Lt ABILITIES Contract Management and Negotiation - Strategic Planning and Development Operations Management -Risk Management - Project Budget Administration - Process Planning - Team Leadership - Business Development SPEACIALIZED FDEP Plant Species Identification - Environmental Permitting Summer School - TRAINING USACOE Wetland Delineation - FDEP Wetland Delineation EXPERIENCE AVON PARK BOMBING RANGE Provided oversight for the treatment and re -treatment of exotic/nuisance vegetation specifically large infestations of Old World climbing fern (Lygodium microphyllum) and smaller infestations of Japanese climbing fern (Lygodium japonicum) within approximately 2,110 acres on the Avon Park Air Force Range in Highlands County, Florida. ANF RESOTRATION OF STRIPED NEWT AND GOPHER TORTOISE HABITAT Provided senior oversight for the control encroaching woody plants in sandhi[[ habitat on Apalachicola National Forest (ANF) in Sopchoppy, Florida. The goal was to increase the cover of herbaceous vegetation by reducing the shading of a fire suppressed midstory, which would improve habitat conditions for striped newts, gopher tortoises, and their commensals in the vicinity. EAST EVERGLADES NATIONAL PARK Provided oversight for the treatment of melaleuca (Melaleuca quiquenervia) and Australian pine (Casuarina equisetifolia) within the 7,181 acres of East Everglades Exotic Vegetation Treatment project. RESTORATION OF BOBWHITE QUAIL HABITAT ON APALACHICOLA NF Provided senior oversight for the removal of hardwood trees that have become abundant in restoration areas due to historical fire suppression. The goal of the removal was to decrease competition with planted wiregrass and increase prescribed fire effectiveness within pine sandhill habitat on Apalachicola National Forest (ANF) to restore bobwhite quail habitat as well as other sensitive species. The total combined estimated acreage for the treatment sites is 75.2 acres. �EarthBalance BACKGROUND Mr. Erik Sandsmark joined the EarthBalance° team in 2006 and has extensive knowledge in plant species identification, maintenance, and monitoring. He has spent the past decade working within Florida ecosystems, managing and overseeing multiple ecosystem restoration projects at once with clients ranging from the private, local, state, and federal sector. He provides leadership, oversight, and direct supervision of project planning and implementation for all projects. He closely monitors updates to the Florida Exotic Pest Plant Council's "List of Invasive Plant Species" to ensure the treatment of all Category I and II l exotic/nuisance vegetation on our project sites. EDUCATION FL GULF COAST UNIVERSITY — FORT MYERS, FL — BA, ENVIRONMENTAL STUDIES SKILLS ft ABILITIES Project Planning and Execution - Budget Administration - Native and Invasive, Exotic, and Nuisance Plant Identification - Herbicide Application - Client Relations - Team Management - Wetland Monitoring and Maintenance LICENSES >t . State of Florida Commercial Applicator License - Natural Areas CERTIFICATIONS . Certified Stormwater Erosion and Sediment Control Inspector EXPERIENCE BIG CYPRESS NATIONAL PRESERVE TREATMENT OF INVASIVE PLANT SPECIES Senior Advisor providing the support necessary for the treatment of Melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), and Old World climbing fern (Lygodium microphyllum) on approximately 729,000 acres of Big Cypress National Preserve located in Collier County, Florida. OKALOACOOCHEE SLOUGH WMA EXOTICS TREATMENT Senior Advisor providing supervision and support for treatment sweeps of all Category I and II plant species listed on the 2013 Florida Exotic Pest Plant Council's (FLEPPC) "List of Invasive Plant Species" on approximately 1,719 acres of flatwoods in Okaloacoochee Slough Wildlife Management Area located in Hendry County, FL. TEN THOUSAND ISLANDS NATIONAL WILDLIFE REFUGE EXOTIC CONTROL Senior Advisor providing the support and supervision for the treatment of all Category I and II species on the FLEPPC "List of Invasive Plant Species" on approximately 376 acres of refuge in the Northern Marsh of the Ten Thousand Island NWR between Marco Island and Everglades City, Florida. SUGDEN REGIONAL PARK AVALON LAKE VEGETATION REMOVAL Project Manager providing the support and management necessary for the removal of cattails (Typha spp.) and other nuisance and exotic plant species along a portion of the lake bank of Avalon Lake located within Sugden Regional Park in Collier County, Florida. TEN MILE FILTER MARSH (DANIELS) MAINTENANCE Project Manager providing supervision and management for the hand pulling and removal of all Category I and II FLEPPC listed exotic invasive species in the Ten Mile Filter Marsh (Daniels) site located in Lee County, Florida. /r-)'EarthBalance BACKGROUND Mr. Zack Schnoke has over 4 years of biology experience and understanding of all phases of ecosystem restoration projects. He is highly skilled at managing and supervising project team members and subcontractors to optimize workflow to complete projects on time and within budget. Mr. Schnoke is aggressive in identifying and resolving inefficient operational processes and is able to motive coworkers to help achieve optimal productions rates while maintaining all safety standards. He excels working in unpredictable, hectic and hostile project environments that they encounter on a daily basis. EDUCATION FLORIDA GULF COAST UNIVERSITY — FORT MYERS, FL — BS, BIOLOGY Environmental Biology of SWFL - General Ecology - Scientific Process SKILLS Et ABILITIES Invasive, Exotic and Nuisance Plant Identification and Treatment Methods - Team Leadership - Project Planning and Execution - Operational Effectiveness Risk Management - Quality Assurance - Boaters Safety - Client Relations LICENSES £t . State of Florida Commercial Applicator License - Aquatic, Forest, Right -of - CERTIFICATIONS Way and Natural Areas • MSHA Certified EXPERIENCE BIG CYPRESS NATIONAL PRESERVE Project Manager for the invasive plant management within the Huckabee Bar site located in Big Cypress National Preserve, Collier County, Florida. The main species targeted was Brazilian pepper (Schinus terebinthifolius) but all FLEPPC Category I and II invasive plant species found within the site area were also treated. A.R.M. LOXAHATCHEE NATIONAL WILDLIFE REFUGE Project Manager for the invasive plant management on A.R.M. Loxahatchee NWR, a 143,395 -acre remnant of the northern Everglades. The project included the eradication of Melaleuca (Melalueca quinquenervia), Old World climbing fern (Lygodium microphyllum), and all other FLEPPC listed Category I and II species on the 1,051 acres of the project boundaries. YUCCA PENS PRESERVE Project Manager for the nuisance and exotic vegetation treatment sweep of all 2015 Category I and II FLEPPC "List of Invasive Plant Species on approximately 234 acres of preserve at the Yucca Pens Preserve located in Lee County, Florida. CORAL REEF PARK PINE ROCKLAND MAINTENANCE Project Manager for the herbicide treatment of approximately 5 acres of Pine Rockland habitat within The Village of Palmetto Bay's Coral Reef Park Pine Pockland. Targeted species included umbrella tree (Schefflera actinophylla), Brazilian pepper (Schinus terebinthifolius), woman's tongue (Albizia lebbeck), swere vine (Paederia cruddasiana), lead tree (Leucasena leucocephala), Burma reed (Neyraudia reynaudiana), and wart fern (Phymatosorus scolopendria). BACKGROUND F-) EarthBalance Mr. Jimmy Laroque has over 12 years of experience managing projects of varying sizes and complexities with EarthBalance®. Experience includes developing cost estimates; project development, planning, and coordination; technical supervision; quality assurance; scheduling crew, materials, and equipment; tracking production, budget, and project goals and constraints. Mr. Laroque has worked on projects around the State and in the US Virgin Islands and has gained knowledge of exotic plant control, native plant identification, mitigation monitoring, littoral shelf enhancement and mangrove trimming. EDUCATION LUTHER COLLEGE — DECORAH, IA — BE, ENVIRONEMTNAL STUDIES SKILLS Et ABILITIES Invasive, Exotic and Nuisance Plant Identification and Treatment Methods - Native Plant Identification - Herbicide Application -Client Coordination Et Communication - Project Management -Risk Management - Team Management LICENSES Et • State of Florida Commercial Applicator License - Aquatic, Right -of -Way CERTIFICATIONS and Natural Areas • ISA Certified Arborist • Certified Airboat Operator • American Red Cross First Aid/CPR/AED EXPERIENCE EAST EVERGLADES NATIONAL PARK MAINTENANCE Project Manager for the intial and ongoing maintenance of 3,532 acres within East Everglades National Park in Miami -Dade County, Florida. Treatment primarily targeted Australian pine (Casuarina spps. ), Old World climbing fern (Lygodium microphyllum), melaleuca (Melaleuca quinquenervia), and Brazilian pepper (Schinus terebinthifolius). INVASIVE PLANT CONTROL - BUCK ISLAND Project Manager for the treatment of all exotic plant species from 176 acres of Buck Island Reef National Monument just north of St. Croix, U.S. Vigin Islands and 15 acres of Salt River Bay National Historical Park & Ecological Preserve on the north shore of St. Croix. BIG CYPRESS NATIONAL PRESERVE - CORN DANCE Project Manager for the treatment of exotics plants on 2,782 acres of the Corn Dance area of Big Cypress National Preserve in Ochopee, Florida. The cypress prairies dominated habitat was treated for Australian pine (Casuarina spps.), melaleuca (Melaleuca quinquenervia), and Brazilian pepper (Schinus terebinthifolius). BLUEFIELD - CYPRESS CREEK PRESERVE MAINTENANCE Project Manager for the maintenace of the 3,284 -acre Bluefield Ranch preserve in Okeechobee, Florida. Treatment primarily treated for cogon grass (lmperata cylindrica), lantana (Lantana camara), Old World climbing fern (Lygodium microphyllum), and Brazilian pepper (Schinus terebinthifolius). 6 UNFAS Certificate of Training U'WEIxr°fFLonron GV4059S3-1 Best Management Practices Certificate # Florida Green Industries GV405953 Trainee ID # James Aa Laroque has successfully met all requirements necessary to be fully trained through the Green Industries Best Management Practices Program developed by the Florida Department of Environmental Protection with the University of r Florida Institute of Food and Agricultural Sciences. R. Mitchell 3/1/2018 Issuer Instructor Date of Class DEP Administrator Not valid without seal O a rn 4-dp V ° ,U u N .� o C 4-j Q U 0 • •-� > �... s. � 0 M W 0 U �° x 4-1 � � V) 2� W� 0 ° �7� �° y v �„•i � � rC C LO l 4-1 N - OL CCS 1:4Q � O rn z T LL v O J bJD ,wQ C O 4-Jcon 4-J v .� U u ^.. U ti 7:$ O O v � O � uO u -0 U � U � U cn 'r 4 O w ;014 10mb a Cho LM L04i WA G O a V V O �a o W cl a� M 00 ov �z (po V a) z� E V U o 00 7 Q W �a 0O C H ma �O m a a 0 O LL W a W W O O 2 T— o M N a) in v-) EarthBalance BACKGROUND Mr. Juan Lopez has been with EarthBalance® for over 18 years and has extensive experience and vastly growing knowledge of the work we perform. Mr. Lopez provides support on projects to help ensure they are completed meeting client expectations, under budget and ahead of schedule. He is specialized in assessing projects conditions and being able to provide new and customized methods, allowing the project to run more efficiently. He verifies that the quality related site conditions are in accordance with all applicable codes, standards and requirements. SKILLS Et ABILITIES Spanish/English Bilingual - Invasive, Exotic and Nuisance Plant Identification - Herbicide Treatment Methods - Native Plant Identification - Native Plant Installation - Task Management - Understanding of Procurement Requirements LICENSES Et . State of Florida Commercial Applicator License - Natural Areas CERTIFICATIONS . American Red Cross First Aid/CPR/AED EXPERIENCE APALACHICOLA RIVER WILDLIFE AND ENVIRONMENTAL AREA - CUTTOFF ISLAND MAINTENANCE EarthBalance° was contracted to treat nuisance and exotics within a ARWEA focusing on the 9,026 -acre Cutoff Island, a floodplain swamp island that required water transportation to access. The original methods of transportation to the island were proving inefficient. Mr. Lopez assessed the site conditions and verified the necessity of using additional equipment. This correction expedited the transportation process, ensuring the projects on time completion. BABCOCK WEBB WILFDLIFE MANAGEMENT AREA MAINTENANCE EarthBalancee was contracted to treat 14,729 acres within the 65,758 -acre Fred C. Babcock/Cecil M. Webb management area. Mr. Lopez identified new that the treatment pattern that was being used was leaving gaps. By changing and tightening up the treatment pattern the crew was able to succesfully treat all the targeted species, meeting the site managers expectations and avoiding any need to retreat. MITIGATION INITIAL EXOTIC AND NUISANCE SPECIES ERADICATION FOR CFM COMMUNITY DEVELOPMENT DISTRICT EarthBalance® was contracted to complete the eradication of all Category I and II invasivice species on the 2017 Florida Exotic Pest Plant Council (FLEPPC) list within 269.29 acres of all upland and wetland mitigation areas of the CFM Community Development District in Lee County, Florida. Mr. Lopez identified improved stacking techniques that helped expedite the process of melaleuca removal ensure the project completion on schedule. OKALOACOOCHEE SLOUGH WMA EXOTICS REMOVAL EarthBalance° was contracted to treat select FLEPPC Category I and II listed species on 3,318 acres of the Okaloacoochee Slough (OK Slough) Wildlife Management Area (WMA) located in Hendry County, Florida. Mr. Lopez was able to optimize equipment use to meet the project's quick completion time. BACKGROUND �) EarthBalance Mr. Ethan Baldino has 5 plus years of experience of identifying and treating exotic and invasive plant species. He provides project coordination, technical supervision, and quality assurance for restoration projects of various sizes and complexities. Mr. Baldino is proficient in the use of GPS equipment, plant identification, herbicide application and directing crew for large exotic removal and planting projects. He has a strong understand of ecological parameters and can assess project sites to develop the best treatment method to deliver services on time and within budget. EDUCATION FL GULF COAST UNIVERSITY — FORT MYERS, FL — BA, ENVIRONMENTAL STUDIES SKILLS Et ABILITIES Invasive, Exotic and Nuisance Plant Identification and Treatment Methods - Herbicide Application - Resource Management - Supervisory Leadership LICENSES Et . State of Florida Commercial Applicator License - Aquatic and Natural Areas CERTIFICATIONS . American Red Cross First Aid/CPR/AED EXPERIENCE EDISON FARMS AREA A EXOTIC REMOVAL Assistant Project Manager for the single initial treatment of all 2017 Florida Exotic Pest Plant Council (FLEPPC) Category I and II exotic plants withing 372 acres of the southwestern portion of Edison Farms in Lee County, Florida. HOLE -IN -THE -DONUT EVERGLADES NATIONAL PARK NUISANCE AND EXOTIC PLANT MANAGEMENT TREATMENT Assistant Project Manager for the systematic treatment of Carolina willow (Salix caroliniana), Brazilian pepper (Schinus terebinthifolius), shoebutton ardisia (Ardisia elliptica) and taro (Colocasia esculenta) occurring onn 50 acres of Hole - in -the -Donut within Everglades National Park in Miami -Dade, Florida. Project is part of the National Park Service Indefinite Delivery/ Indefinite Quantity (IDIQ) Contract. BOX -R WMA UPLAND EXOTIC MAINTENANCE TREATMENT PROJECT Assistant Project Manager for treatment of all 2017 FLEPPC Category I and II invasive exotic pest plants within 50 feet of roadways, boat landings, Hardened Low -Water Crossings, and culverts at the Box -R Wildlife Management Area located in Franklin County, Florida. BOBJANES PRESERVE COGONGRASS Et LYGODIUM TREATMENT Assistant Project Manager for initial treatment of all cogon grass (Imperata cylindrica) and Old World climbing fern (Lygodium microphyllum) on 587 acres of the northwestern portion of Bob Janes Preserve in northeastern Lee County, Florida. EAST EVERGLADES NATIONAL PARK TREATMENT Assistant Project Manager for treatment of Australian pine (Casuarina spp.), melalueca (Melaleuca quinquenervia), Old World climbing fern (Lygodium microphyllum) and Brazilian pepper (Schinus terebinthifolius) on 4,025.77 acres of the East Everglades Expansion Area of Everglades National Park in Miami - Dade, Florida. �EarthBaiance BACKGROUND Mr. James "Jimmy" Barron effectively supervises the efficient and accurate completion of several large-scale ecosystem restoration projects. He has proven competency in ecosystem restoration and invasive species management. Mr. Barron has extensive knowledge in various treatment methods and patterns, the identification of exotic plant species and how to differentiate them from lookalike native plant species. He works on-site providing daily or weekly progress reports, project site updates, and guidance to crew supervisors and crew. Mr. Barron provides diligent attention to detail resulting in superior project performance, meeting all contract requirements. EDUCATION ALLEGHENY COLLEGE — MEADVILLE, PA — BS, ENVIRONMENTAL GEOLOGY BS, ENVIRONMENTAL SCIENCE SKILLS It ABILITIES Invasive, Exotic and Nuisance Plant Identification and Treatment Methods - Project Planning and Execution - Risk Management - Operational Effectiveness Quality Assurance - Project Budgets - Resource Management - Client Relations LICENSES ft State of Florida Commercial Applicator License -Natural Areas CERTIFICATIONS EXPERIENCE MELALEUCA TREATMENT IN YELLOW FEVER CREEK IN CAPE CORAL Assistant Project Manager for the hand removal and herbicide application on ephemeral pond sites located within Yellow Fever Creek (YFC) in Cape Coral, Florida. Project consisted of 7 separate treatment sites within YFC, targeting all exotic and invasive species. Treatment methods included cut stump using machete or chainsaw for trees and shrubs, and foliar using backpack sprayer for vines, grasses and seedling trees. MYAKKA RIVER BRIDGE REPLACEMENT RESTORATION Assistant Project Manager for the treatment of all Category I and II exotics on the current Florida Exotic Pest Plant Council's (FLEPPC) "List of Invasive Plant Species". Exotics along the edge of roadway were treated up to the silt fence. All exotic vegetation was treated with a dye -laced herbicide approved for use by Sarasota County's Intergrated Pest Management guidelines. LAKEWOOD NATIONAL WETLAND BUFFER EXOTIC REMOVAL, PLANTING AND MAINTENANCE Assistant Project Manager for exotic treatment, planting and ongoing maintenance for Phase I of the Lakewood National Development Project. All nuisance and exotic species listed on the 2017 FLEPPC "List of Invasive Plant Species" were targeted. EarthBalanceo provided both buffer and ditch planting, installing a total of 8,000 native plants, followed by four quarterly maintenance events for 6 wetland buffers. EarthBalance®R Tab 5 — Local Vender Preference 1. Local Vender Preference Affidavit 2. Lee County Local Business Tax Receipt www.earthbalance.com ^i=arthBaldnce Contents CoMer cflunty Administrative SeMoes Department P,neewernenI Ser, roez DivaiUrs Form 7: Vendor Submittal — Local Vendor Preference Affidavit ('Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) ❑ Collier County ® Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier Countv Board of County Commissioners and the Regulations Thereto. As defined in Section XV of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier Countv, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a nota -permanent structure such as a construction trailer, storage shed. or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the roregoirtg, U vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be linmitcd to. [lie retention raid expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of subnmitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ® Lee County: 9 years [Number of Employees (Including Owner(s) or Corporate Officers): 97 Ntuttber of Employees Living in ❑ Collier County or ® Lee: (Including Owners) or Corporate Officers): 4 11're quested by [lie: County, vendor will be required' to provide documentation substantiating the information given in this aftidavil. FMIUre to do so will result in vendor's submission being deemed not applicable. Vendor Name: EarthBalance Coporation Date: 9/10/2015 Address in Collier or Lee County: 5001 Luckett Road, Fort Myers, FL 33905 Signature: Title: Assistant Vice President 1.0 LOCAL VENDOR PREFERENCE (LVP) 1. l The County is using the Competitive Sealed Bid methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08 establishing and adopting the Collier County Procurement Ordinance, 1.2 Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a pernianent physical business address lova ted within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that rceives mail, ora non-pennanent stnrcture suclias a construction trailer, storage shed, or ether non-pernMncnt structure: shall not be used 1ur the purpose of establishing said physical address. Ili addition Lo the foregoing. a vendor shall not be considered a "local business" unless it contributes to the economic development and Wel14Xing of Collier County in a verifiable and measurable way, This may include, but not be 11-mited to, the retention and expansion of employment opportunities, support and increase to the County's tax baso, and residence of employees and principals of the business within Collier County. Vendors shall affirm ill writing their' conipliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of tip to one year. 1.3 Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference a nsideration for the purposes of that sl�eific contract award. Except where federal or state law, or any other funding source, mandates to the contrary. Collier County and its agencies and instrumentalities, will alvC preference to local businesses in tate rulto%w'ng.manner. L4 Competitive bid (local price match option, Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non -local business subnuts the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non -local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest. qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Procurement Services Division shall determine if the lowest local bidder meets the requirements of Fla. Stat. See. 287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Procurement Services Division shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, fro m the lowest non -local bidder tendered previously, then award shall lie made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non -local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non -local bidder does, award will be made to the bidder that meets the requirements of the reference state law. 1.5 Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. 1.6 A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one ( l) year. L7 The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. EMP vIIg C°rrry� J - Tax eo*-tor a rano of F0' Dear Business Owner: Local Business Tax Receipt SU000614 Your 2017-2018 Lee County Local Business Tax Receipt is attached below for account number 9402884. If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, Lee County Tax Collector 2017-2018 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 9402884 Location: 2579 N TOLEDO BLADE BLVD NORTH PORT FL 34289 EARTHBALANCE CORP EARTHBALANCE CORP 2579 N TOLEDO BLADE BLVD NORTH PORT FL 34289 Account Expires: September 30, 2018 in the husia of: CONSULTANT THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Paymenl Information: PAID 456871-326-1 09!25!201704:00PM $50.00 EatViBalancec'R) Tab 6 — Required Forms www, eartWvlance. com �—)EarthBalance' Tab COer Couftty Administrative Services Department Procurement Services pivrson Form 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ® The Solicitation Submittal has been signed. ® The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc,) has been completed and attached. ® All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ® Any addenda have been signed and included. ® Affidavit for Claiming Status as a Local Business, if applicable, ® Division of Corporations - Florida Department of State - http://dos.myflorida.com/sunbiz/ (If work performed in the State). ® E-Verity/Immigration Affidavit (Memorandum of Understanding). ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: Earth3alance Corporation Address: 2570 Commerce Parkway City, State, Zip: North Port FL 34289 Telephone: 941 426-7878 Email: nczifra@earthbalanc.com Representative Signature: C", Representative Name: Cristine Borowski, AVP Date 9.10.18 C; rer C UfttYy Administrative Services Depar6rrent Procurement Services Division Form 3: Conflict of Interest Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules— The firm has not set the ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procLirenietit's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's abilitti to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently tieing worked on For the above-mentioned project; and, 2, Indicate if the information produced w -as obtained as a matter of public record (in the "sunshine") or through non-public (not in the `sunshine") conversation (s), meeting(s), document(s) aneVor other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below. the firm (crnployces, officets ind/«r agents? "rtitics, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currenlh• planned interest or aefivity (financial, contractual, organizational, or otherwise) which raletics to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: EarthBalance Corporation Signature and Date: 9.10.2 018 Print Name: Cristine Borowski Title of Signatory: Assistant Vice President coley co"Vity Administrative Services Department Procurement Services Division Form 4: Vendor Declaration Statement BOARD OF COUNTY Y COMMISSIONERS Collier County Government Complex Naples, Florida 31112 Dear Commissioners - The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or Baud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vundor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF. WTH have hereunto subscribed our names on this 10thday of September , 2018in the County of Sarasota , in the State of Florida Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority- Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone Signature by: (Typed and NNritten) Title: 2570 Commerce Parkway : Assistant vice resident tine Borowski Additional Contact Information Send payments to: EarthBalance Cor oration (required if different from Company name used as payee above) Contact name: --Lisa -S-tanshilry Title: Accounts na a le Address: P r w ily City, State, ZIP North Port FL 34289 Telephone: 41 426-7878 Email: lstansbu reiearthbalance . com Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Administrative Services Department Procurement Services Division Form 5: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. i--urther, Vendors are required to enroll in tilt F-Verif], program, Lind provide acceptable evidence oftheir enrollment, at the time: of the: submission of tic Vendor's proposal. Acceptabic evidence consists ol'a copy tW [he properly completed E -Verily Companv Profile page ora copy nrtlir: frilly executed I We:rify Memoriandwn orUnderstanding Understanding for the cornpanv. Failure to include this Affidavit and acct talkie evidence of enrollment in the E -Verify r,k r:am may deekn the Vendor's proposal as non - rex tonsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral temlination of the contract by Collier County. Vendor :attests that they are fully compliant ',vith all applicable immigrdtion laws (specifically to the 1986 Immigrations flea And subsequent Amendment(s)) and agrees to coamph with the: provisjons or the Memorandum of Understanding with 17 -Verify and to provide proofot'e:nrollmcnt in Thr Empiovinew l;ligibility Verifit;ation Svstem (Fi-Verity-), operated by the Department of F[untcland Security in partnership with tilt Social Security Administration at the time of submission of the Vendor's proposal. Company Name EarthBalance Corporation. Print Name Cristine B row ki Signature State of Florida Countv of Sarasota Title AVP Date 9.10.2018 The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. ��Camlty rhecureoh71Y 3Crv:rna oi.�spr: Form 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance t►•ith the Internal RevMUC Service regulations, Collier County is required to collect the following information for tax rerx)rting purposes !'i'om individuals and co•ntlynies who do business with the Counter (including social security numbers if used by the individual or conipani for tax reporting proposes). Florida Statute 119.071(5) requires that the county nolif)' you in ��rtting of the reason For collecting this inromtation. which will be used for no other purpose than herein stated. lylease complete all intlormation that applies la your business and rcturn with your quote or proposal. 1. General Information (provide all information) Taxpayer Name EarthBalance Corporation (as shown on income tar return) Business Name (f dif ferent fro)n rnxpQ er name) Address 2570 Commerce -Parkway City North Port State _Florida Zip 34289 (941) 426-7878 = z' r @ r It -1 n Order Information (Must be filled out) Remit / Payment Information (Must be filled out) Address 2570 Commerce Parkway Address 2570 Commerce Parkway City North Port State FL Zip 34289 City North Porz State FL 34289 F"wil Emaillstansbury@earthbalance.com 2. Company Status (check only one) _Individual / Sole lsroprwtor Tax !Exempt (Federal income tax-exempt entity LimitW Liability Company under lnlenurl Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification 3. Taxpayer Identification Number (Ior tax reporting pzoposes only) Federal Tax Identification Number (TIN) s9-2 Vendors who do not have a TIN, will be required to provide a social seetui.ty number prior to an 4. Sign and Date Form: Certification: Larder enallis�.r o ' r'x►w, I c+�rfi that the nz nr�rrativrt shown on this bz�r� is cozrect to rrz krrasrlctil e. .� ntrlure r Date rz 9.10.2018 Title Phone Number .Assistant Vice President 941) 426-7878 EarmBa/ancO -- End of Qualifications Package -- Page left Intentionally Blank www.earMba/ance.com / EarthBalance Last Page MULTI -CONTRACTOR AWARD AGREEMENT # 18-7459 for EXOTIC VEGETATION REMOVAL THIS AGREEMENT, made and entered into on this day of 20_, by and between EarthBalance Corporation , authorized to do business in the State of Florida, whose business address is 2570 Commerce Parkwav, North Port, Florida 34289 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3_) year period, commencing MR upon the date of Board approval ❑ , and terminating three (3 ) year(s) from that date or until all outstanding N Purchase Order(s) ❑ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a *Purchase Order FINOtiG8 tG PFOGeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ O Other Request for Qualification (RFQ ) # 18-7459 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 FE� The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. 0 The procedure for obtaining Work under this Agreement is outlined in I Other Exhibit/Attachment: Work Assignment Procedure 3.4 R The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM, Q The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ Ran Rnhed PF Ge6 shall be balsedd eR Exhibit Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". F -I The Geunty shall play 'he GentFaStOF f9F the PeFfGFnqanGe _f +k;- A -FeeM81FIt _-I- estimated srt� -amount A ($ >> +�- ;est+ee-4-a . ❑ q6iGted pFiGeS 6hall be barsed GR Ghedule. ., 4.1 Price Methodology (as selected below): [0-1 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. A.— billiRg rate by Page 2 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 = - - - No - - 11-111- 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.]_ ON O 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: EarthBalance Corporation Address: 2570 Commerce Parkway North Port, Florida 34289 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Cristine Borowski, Assistant Vice President Nczifra@earthbalance.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Division Address: 15000 Livingston Road Naoles. Florida 34109 Administrative Agent/PM: Melissa Hennig, Senior Environmental Specialist Telephone: 239-252-2957 E-Mail(s): Melissa. Hen nig colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B,t❑ Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. B ❑ sN�._ IlMitS Gf Re#-tesrs tharm$ 9, € ❑Cyber Liab ity, Coverage r -,hall have minimum limitls ef $ PeF Glai ❑6hall hay,f a �e sla+ Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page 5 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), FNI Exhibit A Scope of Services, ❑ Exhibit B Foo SGhed6ile_-. ❑ PFP4 ❑ 4-T/❑■ Other Request for Qualifications # 18-7459 , including Exhibits, Attachments and Addenda/Addendum, ❑■ subsequent quotes and corresponding contract documents,■❑ Exhibit C-1 Public Payment Bond, ❑E Exhibit C-2 Public Performance Bond, ❑■ Exhibit D - Release and Affidavit Form, ■❑ Exhibit E — Form of Contract Application for Payment, MR Exhibit F - Change Order, ❑■ Exhibit G - Certificate of Substantial Completion, X Exhibit H - Certificate of Final Completion, 0 Exhibit I - Warranty, and ❑■ Other Exhibit/Attachment: Work Assignment Procedures 17. APPLICABILITY. Sections corresponding to any checked box (N) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver O`d0 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. 0 BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 9 23. *LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. Al PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. 0_1 CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28.❑ CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32.❑ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 N Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. 0■ COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 35. FE -1 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE.Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 FE -1 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. FNI ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ip �" P i, 'P = - - = - Me lie 1 ■. - - - - - - - as -- 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 N background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. ■� SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.,1� a 0 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K, Kinzel, Clerk of Courts & Comptroller By: Dated (SEAL) Contractor's Witnesses: � c Contractor'k5 st Witness TTypelpri ess names Contract s Second Witness TTypelprfnt witness name' Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA an Andy Solis, Esq , Chairman EarthBalance Corporation Contractor By: £fin Signature far' .i%► a � � _ � `� � � �-- Cab 1TTypelprint sig re and titleT Page 16 of 33 Multi -Contractor Award Agreement 2017.006 V r Exhibit A Scope of Services FO -1 following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 18 -7459 -Exotic Vegetation Removal EXHIBIT A SCOPE OF SERVICES Services for the removal of exotic and other nuisance vegetation by manual and mechanical methods including chemical and/or physical removal. Trees, bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc. and/or treated with chemicals, or removed by other methods depending on the requirements of the particular project and as directed by the County department. Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State law, and the named awardee(s) must provide and maintain all applicable licenses during the duration of the resultant contract. Species to be removed during the duration of this contract include, but are not limited to: • Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC) invasive species list. • Any other undesirable species as directed by the project manager. Additionally, the Contractor(s) must: 1. Provide professional assistance determining the most effective methodology to remove exotic vegetation. 2. Not dispose of debris into waterways. 3. Provide per acre pricing quotes on each project as requested by the project manager. The County may seek price quotes from one, or all, Contractors on the contract (as described in the Work Assignment Procedure). Quotes must include description of the project, location, description of the service to be provided and cost per acre. Contractor's quotes must be detailed as described by the Project Manager and Contractors' invoices must match quotes. 4. Coordinate with other selected Contractor (s) to complete the job as directed by the project manager. 5. Provide the service so as not to damage or destroy native vegetation within the area of exotic treatment. Due caution must be given to the surrounding habitat. 6. Minimize disturbance to surface area. Replace damaged native vegetation according to County Code. 7. Provide equipment in good repair necessary to perform the described services in particular and the equipment necessary to complete related tasks. If additional equipment (i.e. crane, bucket truck, ditch witch, etc.) is needed, the County must be notified in advance, for final approval. The reimbursement of rental equipment expense shall be at cost, commencing when it arrives at the service site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. 8. Ensure that all equipment (i.e. owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference, prior to entering the project site to commence work. Collier County staff reserve the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 9. Document pre -project existing conditions of project site and adjacent private property by photographs, video or other means at each work site, prior to commencement of any work, upon County's request. 10. Restore any damages caused by the completion of this project to the documented pre -project condition. Should a damage dispute arise, and the Contractor subsequently disputes the claim, it is the Contractor's responsibility to provide pre -project existing condition documentation. 11. Provide the Project Manager with a written list of all herbicides, adjuvant, and diluents and their mixing ratios. 12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within the right-of-way and/or easements. All operations shall be in accordance with a Collier County's Maintenance of Traffic Policy, #5807, Revised January 1, 2005, copies of which are available at: http://purchasing.colliergov.net/Vendors/Shared%20Documents/Maintenance%20of%2OTraffic%20( Page 1 of 2 SID MOT).pdf. A Maintenance of Traffic Plan shall be approved in writing by the Department prior to the start of the project. Any equipment left in the right-of-way overnight shall be parked outside of the clear zone and as close as possible to the right-of-way line. No equipment shall be parked in the median regardless of the width of the median. 13. Inform the County Project Manager of work location and proposed schedule. 14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and unsightly vegetation materials on a daily basis. Daily clean-up operation must include removal and proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval of project manager, to be determined in advance. Ruts made in the soil must be removed by the Contractor. 15. Provide for a maximum of two (2) months, or less if directed by the Project Manager, mortality evaluation period from the substantial completion date noted in any order provided by the department to the Contractor. The Contractor shall demonstrate to the County that all exotic vegetation on site has been exterminated to the complete satisfaction of the department. Any re -growth of stumps or plants that were not eradicated shall be properly re -treated by the Contractor at no additional expense to the department. Following this secondary re -treatment, there shall be a one (1) month, or less if directed by the Project Manager, mortality re-evaluation period to determine effectiveness of re- treatment. 16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day and include the last day of such a period. If the last day of any such period falls on a Saturday or Sunday, or any County observed holiday, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the County department Project Manager. 18. Park vehicles and equipment in areas designated only by the County department and with prior permission of the Project Manager. Page 2 of 2 9 Exhibit B Fee Schedule ❑ following this page (pages through ) 0 this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, and (Business Address) to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our representatives, successors and assigns, jointly and severally. Bond No. Contract No. as as Surety, located at are held and firmly bound heirs, executors, personal WHEREAS, Principal has entered into a contract dated as of the _day of , 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 S Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20 by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) E Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this of as of to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) 20 , by_ Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 E ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of '20—, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF 20 PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of of corporation, on behalf of the corporation. as identification and (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 9 ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_,, by _ , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 11-1 ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ( ) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAM E: (Legibly Printed) Notary Public, State of Commissioner No.: Page 25 of 33 �j Multi -Contractor Award Agreement 2017.006 Ver 1-bJ ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ __% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title) Page 26 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 .f'39 ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: I I Change #: = Purchase Order #: I = Project #: Contractor/Firm Name: �— Project Name: Project Manager Name:— Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes 1 $ 0.00 #DIV/0! Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 27 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 9V,:) ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1� O� The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title M CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ c OWNER Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 Ver.113 ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To •C 12 1 And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.O a� 0 ❑ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.l Description Other Exhibit/Attachment Work Assignment Procedures ❑■ following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017.006 Ver.I O �7 O 18-7459- EXOTIC VEGETATION REMOVAL WORK ASSIGNMENT PROCEDURE The County reserves the right to select one or more Contractors(s) in the following manner: For work less than $25,000: the County shall select one of the Contractors or quote out the work among all the Contractors. For work greater than $25,000 and less than $200,000: the County shall quote out the work among all the Contractors or conduct a separate new solicitation. For work that may exceed $200,000: the County shall quote out work among all the Contractors and obtain approval from the Board of County commissioners or conduct a separate new solicitation. The following Articles of the Agreement shall only be applicable for Projects over $200,000 Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 34. Completion SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 11/27/2018 Wallace Welch &Willingham,Inc. 300 1st Ave.So.,5th Floor Saint Petersburg FL 33701 Certificates/Commercial Lines 727-522-7777 727-521-2902 certificates@w3ins.com National Trust Ins.Co.20141 EARTCOR-01 Homeland Ins Co of New York 34452EarthBalanceCorporation 2570 Commerce Parkway North Port FL 34289 Amerisure Ins.Co.19488 Monroe Guaranty Ins.Co.32506 1411295066 A X 1,000,000 X 100,000 5,000 X XCU Included 1,000,000 2,000,000 X Primary Non Cont Y Y GL00107428 8/23/2018 8/23/2019 2,000,000 D 1,000,000 X X X Y CA10000408904 8/23/2018 8/23/2019 A X X 10,000,000YUMB100016837018/23/2018Y 8/23/2019 10,000,000 X 10,000 C X N Y WC20964660301 4/1/2018 4/1/2019 U.S.L.H 1,000,000 1,000,000 1,000,000 B Professional /Pollution Liab Retro Date 2/18/1997 7930075900000 2/18/2018 2/18/2019 Each Claim/Aggregate Deductible 2,000,000/2,000,00 15,000 Re:Contract #18-7459 Exotic Vegetation Removal Collier County Board of County Commissioners is additional insured on a primary and non-contributory basis with respect to General Liability subject to terms, conditions and exclusions of the policy. 30 day written notice of cancellation,non-renewal,or material change reducing coverage will be given to Collier County BOCC by the carrier except for nonpayment of premium which will be ten days. Collier County Board of County Commissioners 3395 Tamiami Trail E. Naples FL 34112 16.D.7.l Packet Pg. 1447 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1448 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1449 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1450 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1451 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1452 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1453 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1454 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1455 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1456 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1457 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1458 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1459 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1460 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1461 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1462 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) 16.D.7.l Packet Pg. 1463 Attachment: 18-7459 EarthBalanceCorp_Insurance_11-29-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) MULTI -CONTRACTOR AWARD AGREEMENT # 18-7459 for EXOTIC VEGETATION REMOVAL THIS AGREEMENT, made and entered into on this day of 20_, by and between EarthBalance Corporation , authorized to do business in the State of Florida, whose business address is 2570 Commerce Parkwav, North Port, Florida 34289 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3_) year period, commencing MR upon the date of Board approval ❑ , and terminating three (3 ) year(s) from that date or until all outstanding N Purchase Order(s) ❑ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a *Purchase Order FINOtiG8 tG PFOGeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ O Other Request for Qualification (RFQ ) # 18-7459 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 FE� The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. 0 The procedure for obtaining Work under this Agreement is outlined in I Other Exhibit/Attachment: Work Assignment Procedure 3.4 R The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM, Q The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ Ran Rnhed PF Ge6 shall be balsedd eR Exhibit Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". F -I The Geunty shall play 'he GentFaStOF f9F the PeFfGFnqanGe _f +k;- A -FeeM81FIt _-I- estimated srt� -amount A ($ >> +�- ;est+ee-4-a . ❑ q6iGted pFiGeS 6hall be barsed GR Ghedule. ., 4.1 Price Methodology (as selected below): [0-1 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. A.— billiRg rate by Page 2 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 = - - - No - - 11-111- 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.]_ ON O 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: EarthBalance Corporation Address: 2570 Commerce Parkway North Port, Florida 34289 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Cristine Borowski, Assistant Vice President Nczifra@earthbalance.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Division Address: 15000 Livingston Road Naoles. Florida 34109 Administrative Agent/PM: Melissa Hennig, Senior Environmental Specialist Telephone: 239-252-2957 E-Mail(s): Melissa. Hen nig colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B,t❑ Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. B ❑ sN�._ IlMitS Gf Re#-tesrs tharm$ 9, € ❑Cyber Liab ity, Coverage r -,hall have minimum limitls ef $ PeF Glai ❑6hall hay,f a �e sla+ Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page 5 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), FNI Exhibit A Scope of Services, ❑ Exhibit B Foo SGhed6ile_-. ❑ PFP4 ❑ 4-T/❑■ Other Request for Qualifications # 18-7459 , including Exhibits, Attachments and Addenda/Addendum, ❑■ subsequent quotes and corresponding contract documents,■❑ Exhibit C-1 Public Payment Bond, ❑E Exhibit C-2 Public Performance Bond, ❑■ Exhibit D - Release and Affidavit Form, ■❑ Exhibit E — Form of Contract Application for Payment, MR Exhibit F - Change Order, ❑■ Exhibit G - Certificate of Substantial Completion, X Exhibit H - Certificate of Final Completion, 0 Exhibit I - Warranty, and ❑■ Other Exhibit/Attachment: Work Assignment Procedures 17. APPLICABILITY. Sections corresponding to any checked box (N) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver O`d0 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. 0 BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 9 23. *LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. Al PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. 0_1 CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28.❑ CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32.❑ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 N Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. 0■ COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 35. FE -1 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE.Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 FE -1 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. FNI ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ip �" P i, 'P = - - = - Me lie 1 ■. - - - - - - - as -- 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 N background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. ■� SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.,1� a 0 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K, Kinzel, Clerk of Courts & Comptroller By: Dated (SEAL) Contractor's Witnesses: � c Contractor'k5 st Witness TTypelpri ess names Contract s Second Witness TTypelprfnt witness name' Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA an Andy Solis, Esq , Chairman EarthBalance Corporation Contractor By: £fin Signature far' .i%► a � � _ � `� � � �-- Cab 1TTypelprint sig re and titleT Page 16 of 33 Multi -Contractor Award Agreement 2017.006 V r Exhibit A Scope of Services FO -1 following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 18 -7459 -Exotic Vegetation Removal EXHIBIT A SCOPE OF SERVICES Services for the removal of exotic and other nuisance vegetation by manual and mechanical methods including chemical and/or physical removal. Trees, bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc. and/or treated with chemicals, or removed by other methods depending on the requirements of the particular project and as directed by the County department. Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State law, and the named awardee(s) must provide and maintain all applicable licenses during the duration of the resultant contract. Species to be removed during the duration of this contract include, but are not limited to: • Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC) invasive species list. • Any other undesirable species as directed by the project manager. Additionally, the Contractor(s) must: 1. Provide professional assistance determining the most effective methodology to remove exotic vegetation. 2. Not dispose of debris into waterways. 3. Provide per acre pricing quotes on each project as requested by the project manager. The County may seek price quotes from one, or all, Contractors on the contract (as described in the Work Assignment Procedure). Quotes must include description of the project, location, description of the service to be provided and cost per acre. Contractor's quotes must be detailed as described by the Project Manager and Contractors' invoices must match quotes. 4. Coordinate with other selected Contractor (s) to complete the job as directed by the project manager. 5. Provide the service so as not to damage or destroy native vegetation within the area of exotic treatment. Due caution must be given to the surrounding habitat. 6. Minimize disturbance to surface area. Replace damaged native vegetation according to County Code. 7. Provide equipment in good repair necessary to perform the described services in particular and the equipment necessary to complete related tasks. If additional equipment (i.e. crane, bucket truck, ditch witch, etc.) is needed, the County must be notified in advance, for final approval. The reimbursement of rental equipment expense shall be at cost, commencing when it arrives at the service site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. 8. Ensure that all equipment (i.e. owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference, prior to entering the project site to commence work. Collier County staff reserve the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 9. Document pre -project existing conditions of project site and adjacent private property by photographs, video or other means at each work site, prior to commencement of any work, upon County's request. 10. Restore any damages caused by the completion of this project to the documented pre -project condition. Should a damage dispute arise, and the Contractor subsequently disputes the claim, it is the Contractor's responsibility to provide pre -project existing condition documentation. 11. Provide the Project Manager with a written list of all herbicides, adjuvant, and diluents and their mixing ratios. 12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within the right-of-way and/or easements. All operations shall be in accordance with a Collier County's Maintenance of Traffic Policy, #5807, Revised January 1, 2005, copies of which are available at: http://purchasing.colliergov.net/Vendors/Shared%20Documents/Maintenance%20of%2OTraffic%20( Page 1 of 2 SID MOT).pdf. A Maintenance of Traffic Plan shall be approved in writing by the Department prior to the start of the project. Any equipment left in the right-of-way overnight shall be parked outside of the clear zone and as close as possible to the right-of-way line. No equipment shall be parked in the median regardless of the width of the median. 13. Inform the County Project Manager of work location and proposed schedule. 14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and unsightly vegetation materials on a daily basis. Daily clean-up operation must include removal and proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval of project manager, to be determined in advance. Ruts made in the soil must be removed by the Contractor. 15. Provide for a maximum of two (2) months, or less if directed by the Project Manager, mortality evaluation period from the substantial completion date noted in any order provided by the department to the Contractor. The Contractor shall demonstrate to the County that all exotic vegetation on site has been exterminated to the complete satisfaction of the department. Any re -growth of stumps or plants that were not eradicated shall be properly re -treated by the Contractor at no additional expense to the department. Following this secondary re -treatment, there shall be a one (1) month, or less if directed by the Project Manager, mortality re-evaluation period to determine effectiveness of re- treatment. 16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day and include the last day of such a period. If the last day of any such period falls on a Saturday or Sunday, or any County observed holiday, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the County department Project Manager. 18. Park vehicles and equipment in areas designated only by the County department and with prior permission of the Project Manager. Page 2 of 2 9 Exhibit B Fee Schedule ❑ following this page (pages through ) 0 this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, and (Business Address) to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our representatives, successors and assigns, jointly and severally. Bond No. Contract No. as as Surety, located at are held and firmly bound heirs, executors, personal WHEREAS, Principal has entered into a contract dated as of the _day of , 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 S Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20 by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) E Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this of as of to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) 20 , by_ Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 E ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of '20—, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF 20 PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of of corporation, on behalf of the corporation. as identification and (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 9 ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_,, by _ , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 11-1 ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ( ) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAM E: (Legibly Printed) Notary Public, State of Commissioner No.: Page 25 of 33 �j Multi -Contractor Award Agreement 2017.006 Ver 1-bJ ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ __% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title) Page 26 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 .f'39 ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: I I Change #: = Purchase Order #: I = Project #: Contractor/Firm Name: �— Project Name: Project Manager Name:— Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes 1 $ 0.00 #DIV/0! Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 27 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 9V,:) ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1� O� The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title M CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ c OWNER Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 Ver.113 ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To •C 12 1 And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.O a� 0 ❑ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.l Description Other Exhibit/Attachment Work Assignment Procedures ❑■ following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017.006 Ver.I O �7 O 18-7459- EXOTIC VEGETATION REMOVAL WORK ASSIGNMENT PROCEDURE The County reserves the right to select one or more Contractors(s) in the following manner: For work less than $25,000: the County shall select one of the Contractors or quote out the work among all the Contractors. For work greater than $25,000 and less than $200,000: the County shall quote out the work among all the Contractors or conduct a separate new solicitation. For work that may exceed $200,000: the County shall quote out work among all the Contractors and obtain approval from the Board of County commissioners or conduct a separate new solicitation. The following Articles of the Agreement shall only be applicable for Projects over $200,000 Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 34. Completion E a rt h t E c h E n v i ro n m E n ta l , llc Prepared for: c olliEr c ounty B oard of county c ommissionErs Prepared by: September 10, 2018 r EQ u E st for Q ualification (rf Q) s olicitation 18-7459 E xotic v E g E tation r E moval Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TABLE OF CONTENTS Tab 1.Cover Letter - Management Summary Tab 2. Certified Minority Business Enterprise Tab 3.Firm’s Proven Experience Tab 4.Employee Experience Tab 5. Local Vendor Preference Tab 6.Required Form Submittals Form 2: Vendor Checklist Form 3: Conflict of Interest Affidavit Form 4: Vendor Declaration Statement Form 5: Immigration Affidavit Certification Form 6: Vendor Substitute W-9 Attachment 1: Insurance Bonding Requirements Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 1- Cover Letter & Management Summary 10600 Jolea Avenue • Bonita Springs, Florida 34135 • P 239.304.0030 • www.eteflorida.com Ea r t h Tech Environmental, LLCTAB 1- Cover Letter & Management Summary Collier County Government September 10, 2018 Procurement Services 3295 East Tamiami Trail Building C2 Naples, FL 34112 Re: Solicitation #18-7459 – Exotic Vegetation Removal Dear Selection Committee: Earth Tech Environmental has reviewed the Exotic Vegetation Removal solicitation and is confident that our firm’s personnel, expertise, local knowledge, and experiences meet and exceed Collier County’s exotic removal service needs. Earth Tech Environmental is a local firm that is grounded in face to face interactions and handshakes as a traditional approach to building relationships. We are on the current Collier County exotic removal contract and appreciate the opportunity to further demonstrate our environmental and biological knowledge to the committee. Earth Tech Environmental has provided services to clients that range from single family landowners to large scale public entities. Earth Tech Environmental has experience working with the Florida Division of Forestry, Florida Gulf Coast University, South Florida Water Management District, The Conservancy of Southwest Florida, Corkscrew Swamp Sanctuary, Conservation Collier, Florida Wildlife Federation, and several Collier County departments. Earth Tech Environmental LLC, its experienced staff, and trusted subcontractors have been providing “turn-key” ecological and sustainable solutions for our client’s environmental needs since 2006. Earth Tech Environmental LLC is a Southwest Florida based environmental firm that focuses on ecosystem restoration and environmental consulting. We specialize in exotic eradication, ecosystem restoration and a native plant provider for private, commercial and municipal clients. In addition, Earth Tech Environmental LLC excels in preserve/lake management, mitigation creation, environmental compliance, mechanical vegetation removal, bush hog mowing, and wetland/upland/littoral plant supply and installation. All projects are supervised by a qualified project manager with knowledge of local plant communities and experience in current environmental management techniques. With an ever-changing economic environment, Earth Tech Environmental LLC has established the ideology of providing our clients with a streamlined interdisciplinary approach to solving their environmental needs. This ideology focuses on simple, effective and economical tools that provide straightforward and concise results. This approach towards eradicating targeted exotic/nuisance species has provided clients with a cost reductive product with long-term ecological benefits. Utilizing the expertise of our staff and dependable subcontractors, Earth Tech Environmental LLC has successfully implemented this business plan since its inception. 10600 Jolea Avenue • Bonita Springs, Florida 34135 • P 239.304.0030 • www.eteflorida.com Ea r t h Tech Environmental, LLC I hope our qualifications and experience gives you and Collier County Board of County Commissioners the confidence that Earth Tech Environmental LLC can provide you with professional and timely services for your current and future environmental needs. Earth Tech Environmental staff and our team members have decades of cumulative environmental experience in the Collier County area. Earth Tech Environmental has enjoyed the development of our positive, productive, and cost saving relationships with numerous Collier County staff over the years. We look forward to continuing our service to Collier County. Sincerely, Jeremy Sterk Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 jeremys@eteflorida.com Ph: 239.304.0030 TAB 1- Cover Letter & Management Summary Donn Brown Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 donnb@eteflorida.com Ph: 239.304.0030 Jeremy Sterk and Donn Brown are authorized contact persons for this proposal. At the time of this submittal, we are not aware of any addendums to the original RFQ. Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 2- Certified Minority business enterprise Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 2- Certified Minority business enterprise Earth Tech Environmental, LLC does not qualify as a certified minority business enterprise. Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 3- Firm’s Proven Experience Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 Earth Tech Environmental has provided the following ecosystem restoration services since 2006: EXOTIC ERADICATION Earth Tech Environmental is experienced and knowledgeable in the identification and control of invasive species in both aquatic and terrestrial environments. We have a proven track record in recommending and implementing cost effective management solutions that meet our client’s needs. Our solutions not only meet our client’s immediate needs, but also promote the long-term success of the natural community. PRESERVE MANAGEMENT Earth Tech Environmental manages many different eco-types for many different clients. Each preserve and client has different needs, and we implement adaptive management techniques that can provide the right services for each individual preserve while insuring the needs of our clients. Whether we are managing wetlands, upland, or ecotones; Earth Tech Environmental LLC initiates its management plan based on best management practices and industry standards set forth by local, state, and federal guidelines. MANGROVE TRIMMING, PERMITTING & PLANTING Earth Tech Environmental can assess mangroves areas and determine whether mangrove trimming can be performed under existing Florida Department of Environmental Regulation (FDEP) exemptions or whether a mangrove trimming permit will be required. ETE can also restore impacted mangrove areas with planting and exotic removal services. We have 2 professional licensed mangrove trimmers on staff. NATIVE PLANTING SERVICES Earth Tech Environmental can provide and install native plants in lakes and wetlands. From aquatic plants to native trees, ETE is experienced in plant area preparation, plant installation, and maintenance after installation. ETE has its own plant nursery in order to provide quality native plants for restoration projects in uplands or wetlands. Additionally, Earth Tech Environmental provides and extensive array of environmental consulting services. ETE is one of the few environmental companies in Southwest Florida that combines ecosystem restoration with environmental consulting. Our professional consulting staff work hand- in-hand with our exotic removal and mitigation crews to ensure permit compliance and regulatory perspective. Earth Tech’s Environmental Consulting Services include: • Environmental Resource Permitting (ERP) • Protected Species Surveys • Vegetation & Habitat Mapping • Phase I Environmental Site Assessments • Phase II Environmental Site Assessments • Listed Species Management Plans • Wetland Delineation & Wetland Jurisdictional Determinations • Wetland Monitoring TAB 3- Firm’s Proven Experience Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 3- Firm’s Proven Experience • Environmental Impact Statements (EIS) • Preserve Management Plans • Project Management • Post Permit Compliance • GIS / GPS Mapping & Exhibits • Environmental Land Use Planning • USFWS Bald Eagle Monitoring • Native Vegetation Restoration Plans • Gopher Tortoise Surveys, Permitting, & Relocations (FWC Certified Gopher Tortoise Agents) • Incidental Take Permitting • Due Diligence Reports • Site & Aerial Photography • Turbidity Monitoring • Water Level Monitoring • Water Use Permitting & Compliance • Water Quality Testing • Littoral Area Planting Plans • Mangrove Assessments & Trimming Permits • Prescribed Burn Coordination & Permitting • Sea Grass and Benthic Surveys • Shorebird Surveys • Burrowing Owl Surveys & Permitting • Bonneted Bat Surveys & Cavity Peeping Earth Tech Environmental is financially sound, with steadily increasing sales since 2010: Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 3- Firm’s Proven Experience Project Description Start Date End Date Final Cost # of Change Orders Client Name Immokalee Airport – Habitat Management: This project consisted of performing mosaic mechanical vegetation thinning within designated areas of 103.08 acres of upland habitat. In addition, all FLEPPC category I & II exotic species in addition to nuisance species were treated within the 103.08 acres of upland habitat. 1/5/2018 2/15/2018 $41,930 0 Justin E. Lobb, ACE Airports Manager Collier County Airport Authority RSW Mitigation Park – Environmental Services: This project consisted of performing exotic/nuisance vegetation management, mechanical vegetation removal, fence repair and trail maintenance within designated areas of ±7,000 acres of Lee County Port Authority RSW Mitigation Park. All FLEPPC category I & II exotic species in addition to selective nuisance species were targeted. This is a reoccurring contract that Earth Tech Environmental LLC has been awarded since 2010. 2/15/2018 6/15/2018 $120,000 0 Alicia Dixon Manager, Planning and Environmental Compliance Lee County Port Authority BG Mine – Environmental Services: This project consists annual treatments that consisted of selective mechanical and herbicide treatment of the following species within the remaining 898± acres of the mine site: melaleuca, Australian pine, Brazilian pepper, earleaf acacia, downy rose-myrtle, tropical soda apple, castor bean, and cattail. In addition, annual treatments within the 432.47± acres of wetland and upland preserve area that consisted of selective herbicide treatment and mechanical removal of all FLEPPC category I and II in addition selective nuisance vegetation was performed. This is a reoccurring contract that Earth Tech Environmental LLC has been awarded since 2012 and is under contract for 2018. 01/01/2018 12/31/2018 $48,000 0 John Fulton Mine Manager BG Mine, LLC Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 Babcock Ranch Community – Offsite Mitigation Areas: This project consisted of performing annual exotic/nuisance vegetation management, bush hog mowing and mechanical vegetation removal ±1,100 acres of upland and wetland mitigation areas within Babcock Ranch. All FLEPPC category I & II exotic species in addition to selective nuisance species were targeted. This is a reoccurring contract that Earth Tech Environmental LLC has been awarded since 2012 and is under contract for 2018. 01/01/2018 12/31/2018 $175,000 0 John Broderick Senior Vice President - Land Development Kitson & Partners Communities Babcock Ranch Community Independent Special District – Solar Mitigation Area Maintenance: This project consisted of performing annual exotic/nuisance vegetation management and mechanical vegetation removal ±485 acres of upland and wetland mitigation areas within Babcock Ranch. All FLEPPC category I & II exotic species in addition to selective nuisance species were targeted. This is a reoccurring contract that Earth Tech Environmental LLC has been awarded since 2016 and is under contract for 2018. 01/01/2018 12/31/2018 $77,000 0 Craig Wrathell President & Partner Wrathell, Hunt & Associates, LLC Pelican Bay Services Division – Exotic Eradication: This task consisted of quarterly and semiannual exotic/ nuisance herbicide treatments and mechanical removal of all FLEPPC category I & II exotic species in addition to nuisance species within ±81.13 acres of designated Clam Bay Natural Resource Protection Area (NRPA). This is a reoccurring contract that Earth Tech Environmental LLC has been awarded since 2016 and is under contract for 2018. 01/01/2018 09/30/2018 $40,000 0 Lisa Jacobs Project Manager, Pelican Bay Service Division TAB 3- Firm’s Proven Experience Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 3- Firm’s Proven Experience Listing of Clients Identified in the Table above: Project Client Contact Information Meet Schedule? Immokalee Airport Justin E. Lobb, ACE Airports Manager Collier County Airport Authority 2005 Mainsail Drive Naples, FL 34114 Office: (239) 642-7878 Email: justin.lobb@colliercountyfl.gov The project met the schedule outlined by the client. RSW Mitigation Park Alicia Dixon Manager, Planning and Environmental Compliance Lee County Port Authority 11000 Terminal Access Road, Suite 8671 Fort Myers, Florida 33913-8213 Direct: (239) 590-4618 Cell: (239) 839-0648 Email: addixon@flylcpa.com The project met the schedule outlined by the client. BG Mine John Fulton Mine Manager BG Mine, LLC 25501 Bonita Grande Drive Bonita Springs, FL 34135 Office: (239) 947-6411 Fax: (239) 947-1340 Email: JFulton@bonitagrande.com The project is meeting the schedule outlined by the client. Babcock Ranch Community John Broderick Senior Vice President - Land Development Kitson & Partners Communities 14750 SR 31 North Punta Gorda, 33982 Office: (941) 235-6907 Email: jbroderick@kitsonpartners.com The project is meeting the schedule outlined by the client. Babcock Ranch Community Independent Special District Craig Wrathell President & Partner Wrathell, Hunt & Associates, LLC 2300 Glades Road, Suite 410W Boca Raton, Florida 33431 Toll-free: (877)276-0889 Phone: (561)571-0010 Email: wrathellc@whhassociates.com The project is meeting the schedule outlined by the client. Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 Pelican Bay Services District Lisa Jacobs Project Manager, Associate Collier County Government Pelican Bay Service Division 801 Laurel Oak Drive Suite 302 Naples, FL 34108 Office: (239) 597-1749 Email: lisa.jacobs@colliercountyfl.gov The project is meeting the schedule outlined by the client. TAB 3- Firm’s Proven Experience Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 3- Firm’s Proven Experience Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 3- Firm’s Proven Experience FDACS COMMERCIAL APPLICATOR LICENSES PROJECT MANAGER Applicator's Name City, State BROWN, DONN JOSEPH NAPLES,FL License No. License Status License Type: CM15838 Normal Commercial RUP Applicator License License Categories Right-Of-Way Pest Control, Aquatic Pest Control, Forest Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 2/25/2003 1/26/2015 2/28/2019 FIELD TECHNICIAN LEADER Applicator's Name City, State GERMANO, AUSTON RAY BONITA SPRINGS,FL License No. License Status License Type: CM23746 Normal Commercial RUP Applicator License License Categories Aquatic Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 7/17/2015 7/17/2015 7/31/2019 FIELD TECHNICIAN LEADER Applicator's Name City, State MEKENYAN, GAYK FORT MYERS,FL License No. License Status License Type: CM25154 Normal Commercial RUP Applicator License License Categories Aquatic Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 10/26/2017 10/26/2017 10/31/2021 Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 FIELD TECHNICIAN LEADER Applicator's Name City, State MILLER, JASON ERIC BONITA SPRINGS,FL License No. License Status License Type: CM23692 Normal Commercial RUP Applicator License License Categories Aquatic Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 6/29/2015 6/29/2015 6/30/2019 FIELD TECHNICIAN LEADER Applicator's Name City, State FELLA, DEAN TIMOTHY PUNTA GORDA,FL License No. License Status License Type: CM22736 Normal Commercial RUP Applicator License License Categories Right-Of-Way Pest Control, Aquatic Pest Control, Forest Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 2/10/2014 6/29/2018 2/28/2022 FIELD TECHNICIAN LEADER Applicator's Name City, State BLALOCK, PAYTON JEROME PUNTA GORDA,FL License No. License Status License Type: CM25056 Normal Commercial RUP Applicator License License Categories Aquatic Pest Control, Natural Areas Weed Management Original Issue Date Last Issue Date Expiration Date 8/11/2017 8/11/2017 8/31/2021 ** information provided by http://aessearch.freshfromflorida.com/ TAB 3- Firm’s Proven Experience Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 3- Firm’s Proven Experience Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 3- Firm’s Proven Experience Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 3- Firm’s Proven Experience Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 3- Firm’s Proven Experience Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 4- Employee Experience Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 4 - Employee Experience Ea r t h Tech Environmental, LLC SUBCONTRACTORS & VENDORS FIELD TECHNICIAN STAFF DONN BROWN PROJECT MANAGER JEREMY STERK PROJECT MANAGER MICHELLE ROUSSEAU OPERATIONS MANAGER LORI VOGT PROFESSIONAL MANGROVE TRIMMER & ECOLOGIST JENNIFER BOBKA ECOLOGIST JIM BLALOCK PROJECT FOREMAN JEREMY BOONE GIS & MAPPING ADAM HOGUE PROJECT FOREMAN AUSTON GERMANO FIELD TECHNICIAN LEADER GAYK MEKENYAN FIELD TECHNICIAN LEADER JASON MILLER FIELD TECHNICIAN LEADER Earth Tech Environmental Ecosystem Restoration Organizational Chart Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 4 - Employee Experience Exotic/Nuisance Species Eradication Estuarine Habitat Restoration Wetland Habitat Restoration Water Quality Sampling Littoral Zone Creation Native Plant Installation Ecosystem Restoration Management Planning Mangrove Habitat Restoration Mitigation Management Planning Upland Habitat Restoration Wetland & Upland Creation Preserve Area Management Relevant Certifications/Credentials Florida Department of Agriculture & Consumer Services licensed applicator for ROW, Forested Areas, Aquatic Areas and Natural Areas (CM #15838) Florida Department of Agriculture & Consumer Services Certificate of Stock Dealer Registration (Reg. #47237324) Florida Department of Environmental Protection Best Management Practices certification (GV7697) Florida Department of Environmental Protection Qualified Stormwater Management Inspector (19985) Certified through Project Management Institute in 2004 as a Professional Project Manager (PMP #199828) Collier County Certificate of Competency as a Landscaping Restricted Contractor (C33235) DONN BROWN Founder/Project Manager donnb@eteflorida.com 239.438.1389 Years' Experience 18 years Education/Training B.A. Environmental Studies & Environmental History Florida Gulf Coast University (2001) Professional Affiliations Florida Association of Environmental Professionals Friends of Fakahatchee Strand Preserve State Park 239.304.0030 | www.eteflorida.com Mr. Brown founded Earth Tech Environmental LLC in 2006 as President and Project Manager with more than 18 years of private and public sector experience in the environmental field. Relevant Experience Mr. Brown has been an acting partner of Earth Tech Environmental LLC since 2006. He currently holds the position of Project Manager and President of Earth Tech Environmental LLC. He has been in the ecosystem restoration industry for more than 18 years, and has been involved in ecosystem restoration projects throughout Florida and the U.S. Virgin Islands. Mr. Brown specializes in project management processes in regards to any ecosystem restoration project life cycle. He has successfully managed both small and large-scale restoration, mitigation, and land development projects with responsibilities in project planning, coordination, cost estimates, allocation of resources and materials, scheduling, procurement, QA/QC, and contractor/vendor relationships. He is commercially licensed in Collier County as a Landscaping Restricted Contractor, and in Florida as a FDACS-licensed Herbicide Applicator. In addition, Mr. Brown has been certified as a Project Management Professional and Stormwater Inspector through Florida Department of Environmental Protection. Donn's work experience includes: Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 4 - Employee Experience 239.304.0030 | www.eteflorida.com Jeremy has been an environmental consultant in Southwest Florida since 1994 and has worked on projects throughout Collier, Lee, Hendry, DeSoto, Glades, and Charlotte counties. His varied experience spans marine, upland, and estuarine habitats and includes extensive work with a wide variety of listed species. Relevant Experience In addition to authoring dozens of habitat and species management plans, in 2007, Jeremy co-authored the first habitat conservation plan (HCP) in the nation to address incidental take issues for both red cockaded woodpeckers (RCW) and Florida panther on the same property. In 1998, he wrote an ecological assessment computer model for the South Florida Water Management District as part of the South Lee County Watershed Study. Early in his career, Jeremy was the principal investigator of a field research project in the Bahamas that utilized telemetry tracking to study the swimming speed of sub-adult lemon sharks. Jeremy's work experience in environmental consulting includes: Environmental Resource Permitting (ERP) Turbidity Monitoring Wetland & Water Level Monitoring Environmental Impact Statements (EIS) GIS Mapping & Exhibits Project Management Phase 1 Environmental Site Assessments Phase II Environmental Site Assessments Lake Management Plans Due Diligence Reports Wetland Jurisdictional Delineations Bonneted Bat Surveys Mangrove Assessments & Restorations Hard Bottom/Soft Bottom Benthic Surveys Artificial Reef Deployments Seagrass Surveys Protected Species Surveys Listed Species Management Plans Vegetation & Habitat Mapping USFWS Section 7 & Section 10 Permitting Water Use Monitoring & Compliance Preserve Management Plans Post Permit Compliance Environmental Land Use Planning Native Vegetation Restoration Plans Incidental Take Permitting Site and Aerial Photography USFWS Bald Eagle Monitor Gopher Tortoise Surveys/Permitting/ Relocations Scrub Jay Surveys Burrowing Owl Surveys Shorebird Surveys Relevant Certifications/Credentials Certified Environmental Professional #1692037, Academy of Board Certified Environmental Professionals Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent – Permit No. GTA-09-00192 Florida Association of Environmental Professionals – member since January 1995; served on the Board of Directors for the Southwest Florida Chapter from (2008 – 2012). Past Secretary, Vice President, & President. State of Florida Real Estate License (2003 to Present) Appointed by the Collier County Board of County Commissioners to: •Conservation Collier Land Acquisition Advisory Committee, Chairman of theLands Evaluation and Management Subcommittee. (2009 to 2014) •Collier County Development Services Advisory Committee (DSAC) (2015 to Present) •FWC Local Rule Review Committee (Manatee Protection Speed Zones) (2016) Publications Sundström, L.F., J. Sterk, & S.H. Gruber. 1998. Effects of a speed-sensing transmitter on the swimming speed of lemon sharks. Bahamas J. Sci. 6 (1): 12-22. JEREMY STERK, C.E.P. Partner/Senior Ecologist Education/Training B.S. Aquatic Biology, St. Cloud State University (1994) Professional Affiliations Academy of Board Certified Environmental Professionals #16992037 Florida Association of Environmental Professionals jeremys@eteflorida.com 239.595.4929 Years' Experience 24 years Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 4 - Employee Experience 239.304.0030 | www.eteflorida.com LORI VOGT Ecologist loriv@eteflorida.com 239.691.1072 Years' Experience 18 years Education/Training Professional Mangrove Trimmer (PMT) via International Society of Arboriculture Certified Arborist (2000) Intern, J.N. “Ding” Darling National Wildlife Refuge (1999) B.S. Biology University of Central Florida (1996) Ms. Vogt joined Earth Tech Environmental LLC in 2014 as an Ecologist with more than 18 years of private and public-sector experience in the environmental field. Her experience includes projects throughout Collier, Lee and Charlotte counties. Her varied experience spans coastal marine, shoreline and estuarine habitats and includes extensive work with a wide variety of listed species. Relevant Experience Lori has extensive experience in government work and has addressed many ecological, habitat and species issues. She has participated in many environmental facets both in a regulatory capacity and in private consulting. Lori’s work experience includes: Wetland Delineation Mangrove Permitting, Trimming, Monitoring & Compliance Protected Species Surveys Environmental Resource Permitting (ERP) Listed Species Monitoring Turbidity Monitoring Vegetation & Habitat Mapping Post Permit Compliance Native Vegetation Restoration Plans Site & Aerial Photography Wetland Jurisdictional Delineations Bald Eagle Monitoring Mangrove Assessments & Restoration Gopher Tortoise Surveys & Relocation Burrowing Owl Surveys Shorebird & Wading Bird Surveys Seagrass, Benthic & Substrate Surveys Relevant Certifications/Credentials Received “Outstanding Professional” award from Trees Florida/International Society of Arboriculture in 2002 for outstanding mangrove trimming Florida Association of Environmental Professionals – member since January 2005 International Society of Arboriculture Certified Arborist No. FL-0559 (2000-present) Florida Master Naturalist Program- Certified for Coastal Environments A.S. EMS Technology Florida Southwest University (1993) Professional Affiliations International Society of Arboriculture (ISA) Florida Association of Environmental Professionals (FAEP) Florida Master Naturalist Program (FMNP) Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 4 - Employee Experience 239.304.0030 | www.eteflorida.com Mr. Germano joined Earth Tech Environmental LLC in 2014. He has gained a vast array of experience in a broad range of ecological restoration and consulting work. This experience includes exotic species removals, littoral shelf plantings, vegetation and habitat mapping, protected species surveys, vegetation monitoring surveys, monitoring well installation/maintenance, water monitoring events, and GIS mapping. Relevant Experience Auston has worked for Florida Gulf Coast University Grounds Department where he was responsible for supervising and assisting a Department of Corrections work crew in the restoration and mitigation of the natural areas on the FGCU campus. This has provided Auston with valuable experience in crew leadership and the supervised management and restoration of South Florida’s natural areas. Auston's work experience includes: Waste Management Mangrove Trimming Urban Areas Weed Control Recreation Field Maintenance Property Survey and Staking Limited Bathometric Mapping Irrigation Maintenance Shorebird Monitoring Seagrass Monitoring Mangrove/Vegetation Monitoring Flow Meter Accuracy Calibrations Limited Swale Construction Soil/Sediment Testing Exotic Species Removal Native Vegetation Restoration Planting Vegetation & Habitat Mapping Monitoring Well Installation Project Management Bald Eagle Monitoring Protected Species Surveys GIS Mapping Wetland Jurisdictional Delineations Gopher Tortoise Surveys/Permitting/Relocation Landscaping Turbidity Monitoring Water Chloride Monitoring Relevant Certifications/Credentials AUSTON GERMANO Ecologist austong@eteflorida.com 214.755.7412 Years' Experience 4 years Education/Training B.A. Environmental Studies Florida Gulf Coast University (2014) Authorized Gopher Tortoise Agent (2017) Authorized Gopher Tortoise Agent #GTA-17-00025, Florida Fish & Wildlife Conservation Commission, 2017 Commercial Applicator License #CM23746, Florida Department of Agriculture and Consumer Services, 2015 State of Florida Department of Corrections Training Certification, October 2014 ETE Representative for FGCU Tree Campus USA Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 4 - Employee Experience Mr. Miller joined Earth Tech Environmental LLC in early 2014 as an Environmental Technician with more than 22 years of private and public sector experience in handling and caring for native and exotic wildlife and vegetation. Relevant Experience Jason has extensive experience working with Florida wildlife and native/exotic vegetation since 1992 when he started his career as a Curator & Zookeeper for the Everglades Wonder Gardens. He is experienced in responding to nuisance and injured wildlife calls in addition to handling, preparing diet, feeding, administering vaccines & medication, rehabilitation, tranquilizing and immobilization of/for animals. Jason has also worked for the Florida Fish & Wildlife Conservation Commission where he transported wildlife, set and monitored bear traps, delivered captured animals to commission staff for release or disposal, and responded to human- bear conflicts. Since joining Earth Tech in March of 2014, Jason has gained experience in a broad range of ecological restoration and consulting work. This experience includes exotic species removals, littoral shelf plantings, native vegetation restoration planting, vegetation and habitat mapping, protected species surveys, vegetation monitoring surveys, monitoring well installation/ maintenance, water monitoring events, and limited GIS mapping. Jason's work experience in many fields of ecology include: Waste Management Snake Monitoring Nature Trail Construction & Maintenance Nature Trail Mapping Mangrove Trimming Urban Areas Weed Control Recreation Field Maintenance Property Survey and Staking Littoral Shelf Planting Irrigation Maintenance Exotic Species Removal Native Vegetation Restoration Planting Vegetation & Habitat Mapping Monitoring Well Installation & Maintenance Project Management Bald Eagle Monitoring Protected Species Surveys Limited GIS Mapping Gopher Tortoise Surveys Landscaping Relevant Certifications/Credentials 16 hours completed for Safe Capture International, Inc. JASON MILLER Environmental Technician jasonm@eteflorida.com 239.340.0156 Years' Experience 22 years Education/Training Wildlife/Conservation Management Upper Iowa University (2001) 239.304.0030 | www.eteflorida.com Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 4 - Employee Experience 239.304.0030 | www.eteflorida.com Ms. Bobka joined Earth Tech Environmental LLC in 2016 as an Ecologist with more than 6 years of private and public sector experience in the environmental field. As an Ecologist, Jennifer fulfills duties in environmental consulting, wetland & wildlife monitoring, species surveys, GIS mapping, Phase I Environmental Site Assessments, and ERP permitting. Relevant Experience Jennifer has worked as a Naturalist for a non-profit in Collier County, a Manatee Research Intern with Florida Fish & Wildlife Conservation Commission in Palm Beach, and a Field Crew Leader for Montana Conservation Corps. Her varied experience spans coastal marine, shoreline and estuarine habitats, to upland forests and alpine environments. She has worked with a wide variety of native and invasive plant and wildlife species, with a special interest in threatened and endangered species. She is also an experienced environmental educator and Certified Interpretive Guide. Jennifer’s work experience includes: JENNIFER BOBKA Ecologist jenniferb@eteflorida.com 406.579.4616 Years' Experience 6 years Education/Training B.A. Environmental Studies Montana State University (2009) Professional Affiliations Florida Association of Environmental Professionals League of Environmental Educators of Florida Vegetation and Habitat Mapping Bald Eagle Monitoring Shorebird Surveys Burrowing Owl Surveys Gopher Tortoise Surveys and Relocation Submerged Resource Surveys Turbidity Monitoring Seagrass Surveys Protected Species Surveys Invasive and Exotic Species Removal Wildfire Assessments Wetland Jurisdictional Delineations Monitoring Well Installation GIS Mapping Phase I Environmental Site Assessments Environmental Resource Permitting (ERP) Natural Resource Management Trail Maintenance Mechanical and Manual Forest Fuel Reduction Small Watercraft Operations Ecological Restoration Environmental Education and Outreach Relevant Certifications/Credentials PADI Open Water SCUBA Diver, SCUBA Outfitters of Naples. 2012 Certified Interpretive Guide, National Association of Interpretation. 2016 Wilderness First Responder, SOLO Schools. 2009 Marine Biology & Coastal Ecology Study Abroad Costa Rica (2007) Python Responder The Nature Conservancy (2015) Sawyer Training US Forest Service (2010) Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 4 - Employee Experience Jim Blalock, Project Foreman Mr. Blalock has been with Earth Tech Environmental, LLC since 2011 and holds the position of Project Foreman. His duties consist of herbicide application, crew supervision and equipment operations. Jim also oversees subcontractors, bush hog mowing operations, mechanical mowing and fence installation for Earth Tech Environmental. His past experiences include being a Project Manager with Forestry Resources Vegetation Management and he has dealt with large scale mechanical and manual vegetation removal. Since 1994, Jim has provided vegetation management services throughout Florida. He is also OSHA approved and MOT qualified. Adam Hogue, Project Foreman Mr. Hogue has been with Earth Tech Environmental, LLC since 2006, and holds the position of Project Foreman. His duties and responsibilities include the understanding of current BMP’s, enforcement of safety procedures, implementing restoration techniques for all projects, and daily supervision of project staff and subcontractors. For over fifteen years, Adam has complied with current Integrated Pest Management procedures while working in the landscape, plant installation and tree removal industries. He has successfully completed training and certification in Florida Green Industries BMPs. Gayk Mekenyan, Field Technician Leader Mr. Mekenyan joined Earth Tech Environmental, LLC in early 2014 as an Environmental Technician. He specializes in species surveys, exotic species removal, supplemental plantings, vegetation monitoring, and preserve maintenance. Over the years Mr. Mekenyan has expanded his capabilities to include Trimble GPS usage, turbidity monitoring, Gopher Tortoise relocation, mangrove trimming and crew management. He also has extensive nursery experience. Gayk graduated from FGCU in 2017 with an Environmental Studies degree. Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 5- Local Vendor Preference Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 5- Local Vendor Preference Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 6- Required Form Submittals Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 6- Required Form Submittals Required Form Submittals Form 2: Vendor Checklist Form 3: Conflict of Interest Affidavit Form 4: Vendor Declaration Statement Form 5: Immigration Affidavit Certification Form 6: Vendor Substitute W-9 Attachment 1: Insurance Bonding Requirements Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 6- Required Form Submittals Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 6- Required Form Submittals Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 6- Required Form Submittals Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 6- Required Form Submittals Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 6- Required Form Submittals Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 6- Required Form Submittals Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 6- Required Form Submittals Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 6- Required Form Submittals INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $__1,000,000______ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $___1,000,000______single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $___1,000,000___ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 TAB 6- Required Form Submittals 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. Thirty (30) Days Cancellation Notice required. 8/9/18 - CC ________________________________________________________________________________________ Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Vendor Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name ___________________________________ Telephone Number ________________ Smith Insurance & Bonds 08/27/2018 Matthew T Smith Smith Insurance & Bonds Matt Smith 239/243/9729 Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 Solicitation 18-7459 Exotic Vegetation Removal September 10, 2018 09/05/2018 Board of County Commissioners 3299 Tamiami Trail East 303 Naples, FL 34112 RE: Earth Tech Environmental, LLC This is to advise you that our office provides suretyship for Earth Tech Environmental, LLC with International Fidelity Insurance Company. The surety appears on the Department of Treasury's Listing of Approved Sureties "T Listing" (Dept Circular 570) and carriers an AM Best rating of “A”. At the time of this letter, Earth Tech Environmental, LLC has an available bonding capacity on individual projects of $1,500,000 with an aggregate capacity of $3,000,000 and a flat rate of 2%. Our experience with Earth Tech Environmental, LLC exhibits an exceptionally we managed firm with extremely high character. The contractor has completed projects on time and in a professional manner. Subject to normal underwriting criteria, acceptable bond and contract forms, we fully expect to continue to support bond requests for this contractor. This letter is not a bid, payment or performance bond. It is issued only as a bonding reference letter. If there are any questions, please feel free to contact our office. Very truly yours, Smith Insurance & Bonds Matthew T. Smith Attorney in Fact Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 • Phone: 239.304.0030 www.eteflorida.comEarth Tech Environmental, LLC MULTI -CONTRACTOR AWARD AGREEMENT # 18-7459 for EXOTIC VEGETATION REMOVAL THIS AGREEMENT, made and entered into on this day of 20_, by and between Earth Tech Environmental. LLC authorized to do business in the State of Florida, whose business address is 10600 Jolea Avenue, Bonita Springs, FL 34135 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing 0 upon the date of Board approval ❑ , and terminating three (3 ) year(s) from that date or until all outstanding ❑■ Purchase Order(s) ❑ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑] Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ * Other Request for Qualification ( RFQ ) # 18-7459 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 n The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 0 The procedure for obtaining Work under this Agreement is outlined in no Other Exhibit/Attachment: Work Assignment Procedure 3.4 ❑N The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. ❑■ The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ GeRtFaGtGF'6 quoted Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". I� it --_ �� I, per 096, �RnrinrC_by the Rty fiGGal year, based GR Work peFf iflSeGtiGR-44- 4.1 Price Methodology (as selected below): 0 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. -11-6 1HUFly Fate), and foF FnateFia!G and equipment used the pFejeet (Ge6t of FnateFials plus t G9ntFaGtGF'6 ma*6ip). This methodology is geRerally used PFE)jeGt6 ;+ iv net possible to d _Id of hour -A we*ed and billing Fate-* Page 2 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Is 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. .. I W.V.- - - ggm g I "! i .. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 _s Wall 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. .. I W.V.- - - ggm g I "! i .. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 _s 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Earth Tech Environmental, LLC Address: 10600 Jolea Avenue Bonita Springs, Florida 34135 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Donn Brown, President 239-304-0030 Donndeteflorida.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Division Address: 15000 Livingston Road Naples, Florida 34109 Administrative Agent/PM: Melissa Hennig, Senior Environmental Specialist Telephone: 239-252-2957 E-Mail(s): Melissa.Hennig@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 H or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to,,any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑W Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ❑] Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. -. ❑ . €per— 4+ Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page 5 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), R Exhibit A Scope of Services, ❑ Exhibit R coo Sehed6ile. ❑ RFR ❑ IT-9/RE Other Request for Qualifications # 18-7459 , including Exhibits, Attachments and Addenda/Addendum, .W subsequent quotes and corresponding contract documents, 0 Exhibit C-1 Public Payment Bond, 0 Exhibit C-2 Public Performance Bond, M Exhibit D - Release and Affidavit Form, [W Exhibit E — Form of Contract Application for Payment, OR Exhibit F - Change Order, R Exhibit G - Certificate of Substantial Completion, ❑E Exhibit H - Certificate of Final Completion, X Exhibit I - Warranty, and M Other Exhibit/Attachment: Work Assignment Procedures 17. APPLICABILITY. Sections corresponding to any checked box (N) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. ❑N BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 23. *LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. ■0 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 aO0 unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. F CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. FE -1 CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 H Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. FE -1 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31, FM-] TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32. R■ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. [■ COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 aO0 35. rEf WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. r — —o i o bell i a i — — — — w --.r.. ww w — w.• 1w—�ww.�w •w �w w. w uw ww w w. — — — Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 H ❑■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. ■� ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 @0 .. _ - -021 1WIN _011, -111 Wil IN 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 @0 background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. FW SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller By: Dated: (SEAL) Contractor's Witnesses: �IQuwau,- Contractor's First Witness M I Ctfa,LP, 'RDussEAu tTypelprint`motness name' '80011je nt witness name Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Andy Solis, Esq , Chairman Earth Tech Environmental, LLC Contractor Signature -])CNN K)N,�r u TTypelprint signature and titlet Page 16 of 33 Multi -Contractor Award Agreement 2017.006 V r. 0 Exhibit A Scope of Services ❑■ following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 O 18 -7459 -Exotic Vegetation Removal EXHIBIT A SCOPE OF SERVICES Services for the removal of exotic and other nuisance vegetation by manual and mechanical methods including chemical and/or physical removal. Trees, bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc. and/or treated with chemicals, or removed by other methods depending on the requirements of the particular project and as directed by the County department. Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State law, and the named awardee(s) must provide and maintain all applicable licenses during the duration of the resultant contract. Species to be removed during the duration of this contract include, but are not limited to: • Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC) invasive species list. • Any other undesirable species as directed by the project manager. Additionally, the Contractor(s) must: 1. Provide professional assistance determining the most effective methodology to remove exotic vegetation. 2. Not dispose of debris into waterways. 3. Provide per acre pricing quotes on each project as requested by the project manager. The County may seek price quotes from one, or all, Contractors on the contract (as described in the Work Assignment Procedure). Quotes must include description of the project, location, description of the service to be provided and cost per acre. Contractor's quotes must be detailed as described by the Project Manager and Contractors' invoices must match quotes. 4. Coordinate with other selected Contractor (s) to complete the job as directed by the project manager. 5. Provide the service so as not to damage or destroy native vegetation within the area of exotic treatment. Due caution must be given to the surrounding habitat. 6. Minimize disturbance to surface area. Replace damaged native vegetation according to County Code. 7. Provide equipment in good repair necessary to perform the described services in particular and the equipment necessary to complete related tasks. If additional equipment (i.e. crane, bucket truck, ditch witch, etc.) is needed, the County must be notified in advance, for final approval. The reimbursement of rental equipment expense shall be at cost, commencing when it arrives at the service site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. 8. Ensure that all equipment (i.e. owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference, prior to entering the project site to commence work. Collier County staff reserve the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 9. Document pre -project existing conditions of project site and adjacent private property by photographs, video or other means at each work site, prior to commencement of any work, upon County's request. 10. Restore any damages caused by the completion of this project to the documented pre -project condition. Should a damage dispute arise, and the Contractor subsequently disputes the claim, it is the Contractor's responsibility to provide pre -project existing condition documentation. 11. Provide the Project Manager with a written list of all herbicides, adjuvant, and diluents and their mixing ratios. 12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within the right-of-way and/or easements. All operations shall be in accordance with a Collier County's Maintenance of Traffic Policy, #5807, Revised January 1, 2005, copies of which are available at: http://purchasing.colliergov.net/Vendors/Shared%20Documents/Maintenance%20of%20Traffic%20( Page 1 of 2 MOT).pdf. A Maintenance of Traffic Plan shall be approved in writing by the Department prior to the start of the project. Any equipment left in the right-of-way overnight shall be parked outside of the clear zone and as close as possible to the right-of-way line. No equipment shall be parked in the median regardless of the width of the median. 13. Inform the County Project Manager of work location and proposed schedule. 14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and unsightly vegetation materials on a daily basis. Daily clean-up operation must include removal and proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval of project manager, to be determined in advance. Ruts made in the soil must be removed by the Contractor. 15. Provide for a maximum of two (2) months, or less if directed by the Project Manager, mortality evaluation period from the substantial completion date noted in any order provided by the department to the Contractor. The Contractor shall demonstrate to the County that all exotic vegetation on site has been exterminated to the complete satisfaction of the department. Any re -growth of stumps or plants that were not eradicated shall be properly re -treated by the Contractor at no additional expense to the department. Following this secondary re -treatment, there shall be a one (1) month, or less if directed by the Project Manager, mortality re-evaluation period to determine effectiveness of re- treatment. 16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day and include the last day of such a period. If the last day of any such period falls on a Saturday or Sunday, or any County observed holiday, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the County department Project Manager. 18. Park vehicles and equipment in areas designated only by the County department and with prior permission of the Project Manager. Page 2 of 2 9 Exhibit B Fee Schedule ❑ following this page (pages through ) ❑E this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _day of 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. body. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver AO Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20 by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this of . as of to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) 20 , by_ Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 9 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF 20 PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of of corporation, on behalf of the corporation. as identification and (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 9 ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by_ , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF (_ ) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this as corporation, on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) _ day of of He/she is personally known to me as identification and did (did not) take an oath. (Signature of Notary) NAM E: (Legibly Printed) Notary Public, State of Commissioner No.: , 20 , by or has produced Page 25 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 a� 0 ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: ;Contractor's Representative) (Contractor's Name) (Contractor's Address) Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ __% after [insert date] $ Percent Work completed to Date: 7/0 Percent Contract Time completed to Date % Liquidated Damages to be Accrued Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title) Page 26 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: Change #: = Purchase Order #: Project #: Contractor/Firm Name: Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes 1 $ n nol I #DIV/0! Chan e from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this chanae is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Approved by: (Design Professional and Name of Firm, if project applicable) (Procurement Professional Date: Date: Page 27 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 20_ Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ MI CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.Z Executed by Design Professional on 120 Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.I Other Exhibit/Attachment Description: Work Assignment Procedures ❑■ following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017.006 Ver.l 1 18-7459- EXOTIC VEGETATION REMOVAL WORK ASSIGNMENT PROCEDURE The County reserves the right to select one or more Contractors(s) in the following manner: For work less than $25,000: the County shall select one of the Contractors or quote out the work among all the Contractors. For work greater than $25,000 and less than $200,000: the County shall quote out the work among all the Contractors or conduct a separate new solicitation. For work that may exceed $200,000: the County shall quote out work among all the Contractors and obtain approval from the Board of County commissioners or conduct a separate new solicitation. The following Articles of the Agreement shall only be applicable for Projects over $200,000 Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 34. Completion ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD GFELL Misha Redecker 11/26/2018 EARTTEC-03 A UMB10013878-02 B CA100002506-03 A 001-WC18A-56518 A CPP0006355 13 A CPP0006355 13 FOLLOW FORM 1,000,000 1,000,000 1,000,000 0 2,000,000 2,000,000 2,000,000 1,000,000 2,000,000 5,000 100,000 1,000,000 1,000,000 X X X X X X X X X X C G27905973 004 06/02/2018 06/02/2019 06/02/2018 06/02/2019 06/02/2018 06/02/2019 06/02/2018 06/02/2019 06/02/2018 06/02/2019 10/16/2018 10/16/2019 RFP #18-7459 Collier County Exotics. For any and all work performed, Collier County Board of County Commissioners, its officers and employees are included as additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. Pollution LIability included. Aggregate/Occurrence $1,000,000 ded $5,000. Risk Management Insurance ACENTRIA INSURANCE 28 Barkley Circle Fort Myers, FL 33907 (239) 278-4853(239) 278-3939 Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 FCCI Insurance Company Brierfield Insurance Company Westchester Surplus Lines Ins. 10178 10993 10172 X X misha@riskmgmtins.com N Leased/rented Pollution 750,000 1,000,000 Equipment Floater Pollution Liability 16.D.7.o Packet Pg. 1464 Attachment: 18-7459 EarthTechEnvironmental_Insurance_11-26-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) Environmental Restoration Consultants, Inc. RFQ # 18-7459 Exotic Vegetation Removal Submitted to: Collier County Board of County Commissioners Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, Florida 34112 Attn: Evelyn Colon, Procurement Strategist Prepared By: Mr. Jeffrey Adair Environmental Restoration Consultants, Inc. 24571 Redfish Street Bonita Springs, FL 34134 Phone: (239) 992-0086 September 6, 2018 Tab I Cover Letter/Management Summary Tab II Certified Minority Business Enterprise Tab II Certified Minority Business Enterprise Environmental Restoration Consultants, Inc. does not qualify as a Certified Minority Business Enterprise with the Florida Department of Management Service, Office of Supplier Diversity. However, we are proud to present ERC’s South Florida Water Management District certification as a Small Business Enterprise (SBE) in the field of “Environmental Management & Mitigation Services”. Our certification is enclosed. Tab III Firms Proven Experience 1 Tab III Firms Proven Experience Proven Experience in Natural Areas The Company Environmental Restoration Consultants, Inc. is an environmental land restoration and permitting design company, with expertise in the removal and control of exotic vegetati on and Environmental Resource Permitting throughout south Florida. ERC was founded in 1999 by Mr. Jeffrey A. Adair, who is president and owner, and has 30 years of experience in the environmental consulting industry. The company has remained diversified by providing clientele both construction and consulting services, with emphasis on public sector flow way maintenance and preserve restoration projects. These services typically involve the removal and herbicide treatment of exotic and nuisance vegetation within preserves, and removal of debris from wetland and upland mitigation areas, parks, natural creeks, ditches, and canals. Heavy equipment in conjunction with manual labor is frequently used to address areas where exotic vegetation is dense. Services  Preserve Enhancement – exotic and nuisance vegetation control  Flow Way Maintenance – ditches, creeks, canals; debris and sediment removal  Native Vegetation Plantings – preserves, mitigation areas, littoral shelves  Mitigation Design and Implementation  Park Maintenance  Right-of-Way Maintenance  Habitat Mapping  Wetland Delineations  Environmental Consulting Capacity, Abilities, Skill, Deliverables, and Financial Strength Mr. Adair is project manager and Collier County’s prime contact for all projects performed under this contract, and will be attending County meetings and coordinating ERC personnel relative to field operations and scheduling. Mr. Adair’s technical abilities include mitigation design and implementation of mitigation plans (including plant installation and removal of exotic vegetation), wetland delineation, wildlife surveys, preparation environmental impact assessments, acquisition of local, state, and federal environmental permits, and cost estimating. Mr. Adair is a certified Ecologist by The Ecological Society of America (ESA #409), Licensed by the Florida of Agriculture and Consumer Services as a Commercial Herbicide Applicator (#CM19688) for Natural Areas, FDEP Certified Stormwater Management Inspector, FDEP Certified in Best Management Practices, FDOT Certified for Intermediate MOT, and licensed Landscape Contractor in Collier County (Cert. Nbr. 33998). Mr. Cornelio Davila is a field supervisor with expertise in cost estimating, heavy equipment, chemical application, and field operations throughout south Florida. Such field operations have included exotic vegetation control, including all Category I and II exotic vegetation and nuisance species on preserves such as CREW lands, Picayune Strand State Forest, and Rookery Bay in Collier County, and Telegraph Creek Preserve, Spirit of the Wild WMA, and OK Slough State Forest and Wildlife Management Area in Lee and Hendry Counties. Mr. Davila is licensed by the 2 Florida Department of Agriculture and Consumer Services as a Commercial Herbicide Applicators for Natural Areas Weed Management. As exemplified by the public projects listed below, ERC has the financial strength and proven track record of providing prompt professional service, ability to successful complete projects, and has the expertise to prepare and implement restoration plans. Public Restoration Projects  Corkscrew Regional Ecosystem Watershed (CREW), Collier County, Immokalee; funded by Florida Fish and Wildlife Conservation Commission (April - June 2018) – Manual cut stump, girdle, basal treatment of selected target species including melaleuca, Brazilian pepper, earleaf acacia, and Java plum, and foliar treatment of Old World Climbing Fern throughout multiple units totaling 2,937 acres. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system. Implementation included hand held equipment and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank,  Sabal Palm Road, Picayune Strand State Forest, Naples, FL; funded by Florida Forest Service (February 2018) – Combination of mechanical cutting using skid steer with cutting head, and manual cut stump and girdle treatment methods of 76 acres of dense dog hair melaleuca. Other target species included Brazilian pepper and Java plum. Daily progress monitored and tracked using Garmin GPS units.  Rookery Bay National Estuarine Reserve, Units 14B and 14D, Naples, FL; funded by Florida Fish and Wildlife Conservation Commission (December 2018 – January 2018) – Cut stump and girdle treatment of dense melaleuca throughout Units 14B and 14D, totaling 93.5 acres. Treatment was by manual means using chainsaws, machetes, and backpack sprayers. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system.  Pinelands Reserve, Units 1 and 2, Sarasota County, FL; funded by Florida Fish and Wildlife Conservation Commission (December 2017 – January 2018) – Basal treatment of Brazilian pepper and foliar treatment of cogon grass on Units 1 and 2 of Pinelands Reserve, totaling 1,391 acres. Implementation included hand held equipment and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system.  Allapattah Flats, Units 1,2, and 3, Stuart, FL; funded by the South Florida Water Management District (April 2018 – July 2018) – Manual treatment of selected woody and herbaceous target species via cut stump, girdle, and foliar means, totaling 2,447 acres of treatment. Daily progress was monitored and tracked using Garmin GPS units, and daily chemical use logged using the SFWMD WEEDAR system.  Buckingham Trails Preserve, Lee County, FL; funded by Lee County (March – July 2018) – Broadcast spray and manually treat all FLEPPC Category 1 and 2 invasive plant species, including dense areas of torpedo grass and shrubby false buttonweed within the 572 acre preserve. Project included an initial and follow-up treatment. The swamp buggy was used to treat dense torpedo grass areas, and as a 150 gallon nurse tank throughout the site. Daily progress was monitored and tracked using Garmin GPS units, and a chemical use summary report was submitted to Lee County after each treatment.  Lely Stormwater Improvement Project Mitigation Area (Serenity Park), Naples, FL; funded by Collier County (March – April 2016)- Manual maintenance treatment of FLEPPC Category 1 and 2 species within the 109.3-acre mitigation area, including melaleuca, Brazilian pepper, earleaf acacia, downy rose myrtle, torpedograss, shrubby false buttonweed, and Caesarweed. 3  OK Slough Preserve FFS, Florida Fish and Wildlife Conservation Service & Florida Forestry Service, Hendry County, FL (May – June 2014) – Manually herbicide treat all FLEPPC 2013 Category 1 species over a total of 2,595 acres. Target species included Brazilian pepper, Peruvian primrose willow, Lygodium, Caesaerweed, cogon grass, torpedograss, West Indian marsh grass, and Wright’s nutrush. Equipment and crew for manual work included a Kubota RTV900 (4x4) UTV with 60 gal. herbicide tank, 8 man crew, machetes, chainsaws, and 4 gal. backpack applicators. GPS tracts were be recorded and submitted to FWC and FFS to document acreage and locations treated. Personnel and equipment are available to initiate work immediately upon project contract award. Immediate coordination with Collier County and mobilization can be guaranteed. All work shall be completed in a timely and professional manner and in accordance with Collier County project objectives. Please note that Environmental Restoration, Inc. is a local small business. Equipment Hand held herbicide applicators Triple Crown single axle trailer Backpack herbicide applicators Big Tex twin axle trailer Machetes Home made twin axle buggy trailer Chainsaws Express covered cargo trailer Polaris Ranger, 4x4, w/55 gal. nurse tank 10 ft dingy with 3.5 hp outboard Polaris Ranger Crew, 4x4, w/55 gal. nurse tank 19’ Robalo center console with 150 hp OB Bobcat, with grappler and bucket Pickups (4 wheel drive) Swamp buggy with 200 gal tank & Honda eng. Five Comparable Exotic Vegetation Projects List Current Projects in the Format Identified Below Project Description (species, density, acreage, method of treatment, etc.) Start Date End Date Original Budget Final Project Cost Number of Change Orders Client name 1) Sabal Palm Road, Picayune Strand State Forest, Naples, FL – Combination of mechanical cutting using skid steer with cutting head, and manual cut stump and girdle treatment methods of 76 acres of dense dog hair melaleuca. Other target species included Brazilian pepper and Java plum. Daily progress monitored and tracked using Garmin GPS units. 2/5/18 2/15/18 $47,880 $47,880 1 (per client’s request) Florida Forest Service (Mike Knight, Project Manager) 2) Rookery Bay National Estuarine Reserve, Units 14B and 14D, Naples, FL – Cut stump and girdle treatment of dense melaleuca throughout Units 14B and 14D, totaling 93.5 acres. Treatment was by manual means using chainsaws, 12/12/17 1/17/18 $31,343 $31,343 0 Department of Environmental Protection (Jarad Franklin, Site Manager); funded by FWC – Linda King) 4 machetes, and backpack sprayers. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system. 3) Pinelands Reserve, Units 1 and 2, Sarasota County, FL – Basal treatment of Brazilian pepper and foliar treatment of cogon grass on Units 1 and 2 of Pinelands Reserve, totaling 1,391 acres. Implementation included hand held equipment and 5 gal. backpacks, and 4x4 pickup with 60 gal. herbicide tank. Daily progress was monitored and tracked using Garmin GPS units, and weekly chemical use logged using the FWC TIERS system. 12/19/18 1/21/18 $66,047 $66,047 0 Sarasota County (Art Jensen, Site Manager); funded by FWC (Linda King) 4) Fakahatchee Resources Mitigation, Picayune Strand State Forest, Naples, FL – Cut stump, girdle, basal, and foliar treat all FLEPPC Category 1 and 2 invasive plant species within the 76.8 acre publically owned mitigation area. Access was primarily from primitive boat ramps along the Faka Union Canal using a 10 ft. dingy. Manual treatment included chainsaws, machetes, and backpack sprayes. Daily progress monitored and tracked using Garmin GPS units. 3/8/18 3/20/18 $25,581 $25,581 0 Florida Forest Service (Heather Schmiege, Project Manager) 5) Buckingham Trails Preserve, Lee County, FL – Broadcast spray and manually treat all FLEPPC Category 1 and 2 invasive plant species, including dense areas of torpedo grass and shrubby false buttonweed within the 572 acre preserve. Project included an initial and follow-up treatment. The swamp buggy was used to treat dense torpedo grass areas, and as a 150 gallon nurse tank throughout the site. Daily progress was monitored and tracked using Garmin GPS units, and a chemical use summary report was submitted to Lee County after each treatment. 3/31/18 7/31/18 Includes 1st and 2nd treatments $56,320 $56,320 0 Lee County Government, Conservation 20/20 Program (Lee Waller, Site Manager) 5 Identified Clients and References 1) Client: Florida Forest Service Contact: Mike Knight, Biologist III, PhD Address: Caloosahatchee Forestry Center 10941 Palm Beach Blvd. Ft. Myers, FL 33905 Phone: 239/690-8032 Email: Mike.Knight@FreshFromFlorida.com Project Schedule and Completion; Please reference Project 1 above. Project exceeded the schedule outline and was below cost for the initial 63 acres, so the FFS added 13 additional acres as a change order. 2) Client: Florida Department of Environmental Protection Contact: Jarad Franklin, Biologist Address: 300 Tower Road Naples, FL 34113 Phone: 860/689-3080 Email: Jarad.Franklin@dep.state.fl.us Project Schedule and Completion: Please reference Project 2 above. Treatment of dense melaleuca forest was initiated ahead of schedule and performed within the DEP/FWC scheduled project work period and to the State’s satisfaction. 3) Client: Sarasota County Government Contact: Art Jensen, Biologist Address: 8140 Natures Way, #26 Lakewood Ranch, FL 34202 Phone: 941/587-7159 Email: AJensen@scgov.net Project Schedule and Completion: Please reference Project 3 above. Treatment of large units of scattered to dense cogon grass and Brazilian pepper treated on schedule and inspected to the satisfaction of Sarasota County and FWC. 4) Client: Florida Forestry Service Contact: Heather Schmiege, Environmental Manager Address: The Conner Building 3125 Conner Blvd. Tallahassee, FL 32399 Phone: 850/681-5854 Email: Heather.Schmiege@FreshFromFlorida.com Project Schedule and Completion: Please reference Project 4. Project had several challenges, including flooding, forest fires, and limited access. This project was performed on a time and materials basis, and completed well under budget. 5) Client: Lee County Board of County Commissioners Contact: Lee Waller, Land Stewardship Coordinator Address: Lee County Parks and Recreation, Conservation 20/20 Program 3410 Palm Beach Blvd., Ft. Myers, FL 33916 Phone: 239/707-0862 Email: LWaller@Leegov.com Project Schedule and Completion: Please reference Project 5 above. Project involved broadcast spraying and manual treatment all FLEPPC Category 1 and 2 invasive plant species, including dense areas of torpedo grass and shrubby false buttonweed. An initial and 90 day follow-up treatment were performed on time, and to the County’s satisfaction. Handy Scanner for Android Tab IV Employee Experience Tab IV Employee Experience Environmental Restoration Consultants, Inc. management and field supervisors have decades of practical experience planning, coordinating, and implementing field operations, as well as preparing environmental plans, maps, and surveys. Our unique expertise, company history and personnel provide a regulatory and operational perspective to each project, providing outstanding management and greater understanding of deliverables and timely, practical resolution to unforeseen project challenges. Further, our ecologists and field crew have years of practical experience in south Florida and are knowledgeable of native and exotic plant species and wildlife, including Florida Exotic Pest Control Council Category I and II invasive plants . Key Staff Summaries –Resumes Attached Jeffrey A. Adair, Primary Contact, Ecologist: Extensive experience in mitigation design, implementation of exotic vegetation removal and native plantings, cost estimating, environmental consulting and permitting, impact statements, wetland delineations, habitat mapping throughout Florida, and a commercial herbicide applicator. Mr. Adair is also a FDEP Certified Stormwater Management Inspector, certified by FDEP in Best Management Practices, and FDOT certified for Intermediate Maintenance of Traffic. Mr. Adair is the primary contract contact, and is responsible for contract administration, purchasing, project estimating, resolution of contract and field issues, monitoring chemical inventory, crew scheduling, reports, map preparation, and preparation of deliverables and invoicing per County specifications. Cornelio Davila, Crew Supervisor: Responsible for field operations and field project management, cost estimating, crew oversight, heavy equipment operatio ns and equipment repair, on-site quality control, herbicide applications, hauling and mobilization of heavy equipment, and for completion of daily chemical use reports. ERC will furnish all equipment, operators, laborers, and superintendents to perform work directed by the Collier County Project Manager. Personnel specifically committed to working for Collier County Ten (10) ERC employees are currently available for field related work. The number of employees allocated will be project dependent. Key Personnel Jeffrey A. Adair Project Director and Certified Ecologist: FDACS Licensed; DEP Qualified Stormwater Management Inspector (#26905); FDOT Certified in Intermediate Maintenance of Traffic; DEP Certified in Best Management Practice, Florida Green Industies (GV15878-1); Collier County, City of Marco, City of Naples Landscaping Restricted Contractor (Cert. #C33998). Cornelio Davila Crew Leader, Heavy Equipment Operator, FDACS Licensed Commercial Herbicide Applicator Field Personnel Rigo Tomas Landscape and native plant installation, heavy equipment operator Angel Coc Caal Chainsaw and Herbicide Applicator Juan Diaz Chainsaw and Herbicide Applicator Esteban Coc Chainsaw and Herbicide Applicator Manual Pacai Chainsaw and Herbicide Applicator Nelson Estrada Herbicide Applicator Romeo Donez Herbicide Applicator Santos Cu Choc Herbicide Applicator Employees with State of Florida Department Agriculture Pesticide Commercial applicator’s license in the Natura Area category: Name/Title License Type/# Jeffrey A. Adair, DACS Lic. #CM19688, Categories: Natural Owner and President Areas Weed Management (21) Cornelia Davila, DACS Lic. #CM21333, Categories: Natural Crew Leader Areas Weed Management (21) Copies of FDACS licenses enclosed. Jeff Adair, President, will serve as the Project Director for Environmental Restoration Consultants, Inc. to direct, coordinate, and administer all aspects of services performed under this contract. Mr. Adair will not substitute himself or any other key team member assigned to this Collier County contract without expressed permission. Crew members have received knowledge of plant identification through attending Florida Department of Agriculture and Consumer Services courses at the Hendry County Extension Office and training performed on-site. 1 Jeffrey A. Adair, President Environmental Restoration Consultants, Inc. Education: B.S. Biology, Albright College, Reading, PA, 1984 Graduate Study, Marine Biology, University of North Carolina, 1987 Registration: Certified Ecologist, Ecological Society of America Affiliations: The Nature Conservancy National Audubon Society Years Experience: 30 Mr. Adair has 30 years professional environmental experience in the areas of exotic vegetation species control, state and federal wetland jurisdiction determination, wetland mitigation design and implementation, wetland monitoring, wildlife surveys, and environmental planning and permitting. Responsibilities have encompassed all aspects of exotic and nuisance plant control, preparation and implementation of preserve management plans, cost estimating, littoral shelf and native plant installation, mitigation design, environmental permitting, FLUCFCS and land use mapping, wildlife surveys (gopher tortoise, scrub jay, eagle, RCW), wildlife permitting and relocation (as appropriate), site layout, and coordinating and responding to agency comments. Relevant Experience (1993 – Present):  Environmental Restoration Consultants, Inc. 1999 - Present: President - Responsible for all aspects of the firm’s operation and project management. Oversight responsibilities include environmental proposals, contract administration, pre-bid meetings and site inspections, cost estimating, conflict resolution, employee assignments and crew scheduling, equipment purchasing and maintenance, and financial planning.  Consul-Tech Development Services, Inc. 2000 - 2003: Director of Environmental Services - Responsible for development of Environmental Division, marketing, and project management. Technical abilities include wetland delineation, wildlife surveys, preparation of environmental reports, acquisition of local, state, and federal environmental permits and licenses, mitigation design and cost analysis, site plan development and, and wetland assessments (UMAM, WRAP, etc.).  CCL Consultants, Inc. 1996 - 2000: Senior Environmental Project Manager - Technical activities included wetland and wildlife field surveys, tree inventories, reports, and permits for projects in Miami-Dade, Broward, Palm Beach, Orange, and Marion Counties. Managerial activities include marketing, cost estimating, invoicing, and coordination with clients, civil engineers, landscape architects, surveyors, and draftsmen. More specifically, project management has also involved coordination with professional archeologists relative to historical sites and geologists in regard to soil and groundwater contamination and karst formations (i.e., sinkholes).  Keith and Schnars, P.A. 1993 - 1996: Senior Biologist and Project Manager - Responsible for the delegation and coordination of ecologically sensitive projects to technical staff. Managerial responsibilities include the recruitment and training of technicians; overseeing the completion of assigned tasks, project cost estimating, presentations, and marketing. Technical responsibilities include federal, state, and county wetland permitting and evaluations, environmental impact statements and wildlife surveys, and mitigation design and inspection. 2 Relevant Restoration Qualifications Please reference Environmental Restoration Consultants, Inc.’s references for a list of example projects. Publications:  Adair, J. 1987. Assessment of Heavy Metal Contamination in Crassostrea virginica From Marina Facilities. Northeast Gulf Science, Vol. 9, No. 2: 135 – 142.  Adair, J. and D. Nelson, 1988. Recommendations for Public Accessways For The Atlantic Coast Of Maryland Hurricane Protection Project. Coastal Ecology Group, Environmental Laboratory, U.S. Army Corps of Engineers Waterways Experiment Station, Vicksburg, Mississippi.  Adair, J. A., T. R. Higgins, and D. L. Brandon. 1990. Effects of fruit burial depth and wrack on the germination and emergence of the strandline species Cakile edentula (Brassicaceae). Bull. Torrey Bot. Club 117: 138 – 142. 24571 Redfish St. Bonita Springs, FL 34134 Office: 239/992-0086 Cell: 239/287-2706 Email: ERCinc@comcast.net Web: www.ERCconcepts.net Cornelio Davila, Crew Leader Environmental Restoration Consultants, Inc. Education: Aguascalientes State High School 501 General Studies 02/1985 - 06/1994 Years of Experience: 16 Mr. Davila has 16 years of professional environmental experience specifically in the area of exotic vegetation species control in Natural Areas, tree removal, grading, planting, transplanting, and has worked on numerous County and State preserves and parks, and private mitigation areas. Mr. Davila is a licensed FDACS commercial herbicide applicator with expertise in plant identification, herbicide mixing and application techniques, and proven crew leadership in all aspects of field operations. In addition, Mr. Davila has performed native plantings, and conducted earthwork with light to heavy equipment. Current responsibilities include crew leadership, crew organization, minor mechanical repair, herbicide mixing, ability to work in extreme working conditions which may include exposure to dust, noise, temperature extremes, and other elements for extended periods of time. Mr. Davila is also responsible for daily chemical use reports, and attending assigned meetings. Fluent in English and Spanish. Relevant Experience  Environmental Restoration Consultants, Inc. 2017 - Present: Crew Leader - Responsible for all aspects of crew operations in the field, including implementing and performance of the assigned scope of work, chemical mixing, training new crew, design and maintain a safe working environment and monitoring crew progress.  Walker Exotic Tree Service 2002 - 2017: Crew Leader – Able to motivate team members to achieve optimal production while maintaining safety methods and practices. Work included operation and transportation of crew and equipment. Equipment that was operated and maintained included 4 x4 pickups, swamp buggy, UTV’s, chainsaws, and other hand tools and backpacks.  Walker Exotic Tree Service 2001 - 2002: Laborer and Herbicide Applicator - Field assimilation and identification of native and exotic plant species, and learned herbicide treatment techniques during this period as a field technician. Prepared for and passed the FDACS CORE and Natural Areas exams. 24571 Redfish St. Bonita Springs, FL 34134 Office: 239/992-0086 Cell: 239/287-2706 Email: ERCinc@comcast.net Web: www.ERCconcepts.net Tab V Local Vender Preference Tab VI Required Form Submittals The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8/16/2018 Acentria Insurance - Ft. Myers Office 4091 Colonial Blvd, Ste 100 Fort Myers FL 33966 Certificate Team 239-939-1010 239-939-7172 coifm@acentria.com Allied World Surplus Lines Insurance Company ENVIRES-01 Old Dominion Insurance Co.40231Environmental Restoration Consultants, Inc. 24571 Redfish St Bonita Springs FL 34134 StarNet Ins Co 40045 WESCO INS CO 25011 1696630074 A X 1,000,000 X 50,000 5,000 1,000,000 2,000,000 X Y 50540565 7/11/2018 7/11/2019 2,000,000 POLLUTION 1,000,000 B 1,000,000 X XX B1P7080H 6/29/2018 6/29/2019 D WWC3361746 6/26/2018 6/26/2019 X USL&H 1,000,000 1,000,000 1,000,000 C Marine Employers Liability BOUMP180345 6/26/2018 6/26/2019 E.L. EACH ACCIDENT 1,000,000 Owners/Officers Excluded from Workers Compensation Benefits: Jeffrey A. Adair CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOWN ABOVE FOR ANY WORK PERFORMED BY THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT. SUCH COVERAGE IS PROVIDED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AND INCLUDES A WAIVER OF SUBROGATION. Collier County Board of County Commissioners 3295 E. Tamiami Trail Building C2 Naples FL 34112 24319 Y Job Description: Item 18-7459--01 - 01 - 18-7459 Exotic Vegetation Removal Procurement Services INSURANCE BINDER Policy Number: 5054-0565 Named Insured: Environmental Restoration Consultants Inc. Page 3 of 5C&S Specialty Underwriters, LLC FORMS AND ENDORSEMENTS Schedule of Forms and Endorsements Commercial General Liability Coverage Form Contractor's Pollution Liability Coverage Endorsement (Occurrence - Defense Outside) Transportation Pollution Liability Coverage Endorsement (Occurrence) Employee Benefits Liability Coverage Endorsement Additional Insured-Owners Lessees or Contractors-Scheduled Person or Organization Additional Insured-Owners Lessees or Contractors - Completed Operations Employment-Related Practices Exclusion Exclusion of Certified Acts of Terrorism Waiver of Transfer of Rights of Recovery Against Others to Us (Blanket) Common Policy Conditions Nuclear Energy Liability Exclusion Endorsement (Broad Form) U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders Policy Premium Endorsement Service of Suit Endorsement Named Insured EndorsementCSEN 00006 00 08 16 CSEN 00005 00 08 16 CSEN 00001 00 08 16 IL P 001 01 04 IL 00 21 09 08 IL 00 17 11 98 CG 24 04 05 09 CG 21 73 01 15 CG 21 47 12 07 CG 20 37 04 13 CG 20 10 04 13 CG 04 35 03 05 CSEN 00206 00 08 16 CSEN 00202 00 08 16 CG 00 01 12 04 CSEN 00033 00 08 16 POLICY FORMS INSURANCE BINDER Policy Number: 5054-0565 Named Insured: Environmental Restoration Consultants Inc. Page 4 of 5C&S Specialty Underwriters, LLC Continuous Injury Or Damage Provision New Residential Construction Exclusion Cross Suits Exclusion (CGL) Water Intrusion Exclusion Wrap Up Exclusion Additional Insured Owners, Lessees or Contractors Completed Operations Recording and Distribution of Material or Information in Violation of Law Exclusion Primary Non Contributory Endorsement for Specified Projects (Blanket) Exclusion - Operations Performed In Scheduled State(s) Fracking Exclusion Anti-Stacking Limitation Additional Insued Owners, Lessees or Contractors - Scheduled Person or Organization Deductible Endorsement (Deductible Applies to Allocated Loss Adjustment Expenses) Lead Exclusion Asbestos Exclusion Waiver of Transfer of Rights of Recovery Terrorism Exclusion (Non-Certified Acts) Notices to the Company Earth Movement Exclusion Dedicated Limits of Insurance (Contractor's Pollution Liability) Total Professional Services Exclusion Non Owned Disposal Site Coverage Endorsement (Blanket) Contractor's Pollution Liability Coverage Endorsement For Underground Storage Tank Installation (Claims Made) Mold Coverage Amendatory Endorsement (Claims Made) ENDORSEMENTS NOTES CG 20 37 04 13 - Additional Insured-Owners Lessees or Contractors - Completed Operations - Additional Insured: Any person or organization to whom the Named Insured has agreed by a fully executed written contract that such person or organization be added as an Additional Insured for Completed Operations Coverage, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otherwise covered by this insurance. Location(s) of Covered Operation: Where specified by fully executed written contract. CSEN 00006 00 08 16 - Named Insured Endorsement - Environmental Restoration Consultants Inc., Effective on 07/11/2018 CSEN 00012 00 08 16 - Additional Insured Owners, Lessees or Contractors Completed Operations - Additional Insured: Any owner, lessee, or contractor whom you have agreed to include as an additional insured under a written contract or written agreement, provided that such was executed prior to an "occurrence". Location(s) of Covered Operation: All locations and operations included in the "products-completed operations hazard" of the Named Insured. CG 24 04 05 09 - Waiver of Transfer of Rights of Recovery Against Others to Us (Blanket) - Name of Person or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract or written agreement, provided such contract or agreement was executed prior to the date of loss, injury or damage. CG 20 10 04 13 - Additional Insured-Owners Lessees or Contractors-Scheduled Person or Organization - Additional Insured: Any person or organization to whom the Named Insured has agreed by a fully executed written contract that such person or organization be added as an Additional Insured, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otherwise covered by this insurance. Location(s) of Covered Operation: Where specified by fully executed written contract. CSEN 00257 00 08 16 CSEN 00250 00 08 16 CSEN 00207 00 08 16 CSEN 00205 00 08 16 CSEN 00204 00 08 16 CSEN 00106 00 08 16 CSEN 00039 00 08 16 CSEN 00038 00 08 16 CSEN 00036 00 08 16 CSEN 00027 00 07 17 CSEN 00026 00 07 17 CSEN 00024 00 08 16 CSEN 00022 00 08 16 CSEN 00020 00 08 16 CSEN 00016 00 08 16 CSEN 00015 00 08 16 CSEN 00014 00 08 16 CSEN 00013 00 08 16 CSEN 00012 00 08 16 CSEN 00011 00 08 16 CSEN 00010 00 08 16 CSEN 00009 00 08 16 CSEN 00008 00 08 16 CSEN 00007 00 08 16 FORMS AND ENDORSEMENTS INSURANCE BINDER Policy Number: 5054-0565 Named Insured: Environmental Restoration Consultants Inc. Page 5 of 5C&S Specialty Underwriters, LLC CSEN 00014 00 08 16 - Primary Non Contributory Endorsement for Specified Projects (Blanket) - Additional Insured: Any person or organization to whom the Named Insured has agreed by a written contract that was fully executed prior to an "occurrence" that such person or organization be added as an additional insured under this policy on a primary and noncontributory basis, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to "occurrences" subsequent to the making of such fully executed written contract otherwise covered by this policy. Specified Project: Where specified by fully executed written contract that was fully executed prior to an "occurrence". CSEN 00022 00 08 16 - Additional Insued Owners, Lessees or Contractors - Scheduled Person or Organization - Additional Insured: Any owner, lessee, or contractor whom you have agreed to include as an additional insured under a written contract or written agreement, provided that such was executed prior to an "occurrence". Location(s) of Covered Operation: Where specified by fully executed written contract. CSEN 00207 00 08 16 - Non Owned Disposal Site Coverage Endorsement (Blanket) - Disposal Site(s): Any location not owned, rented, or operated by you to which you or others working directly or indirectly on your behalf arranges for or sends materials for treatment, recycling, reclamation, storage or "disposal" that is licensed and/or certified by the respective controlling local, state and federal agency(s) and/or authorities to accept the sent materials and documents the receipt of each shipment of materials using written and signed manifests, provided at the time waste or materials were arranged for or sent to the "disposal" site or the effective date of the policy, whichever is later, such location was not: a. Listed, proposed for listing or formerly listed on the federal National Priorities List, State equivalent, or local equivalent list; b. Subject to an information request under Section 104 (e) of the Comprehensive Environmental Response, Compensation, and Liability Act or Section 3007(b) of the Resource Conservation and Recovery Act, or a state or local equivalent request; c. Subject to a consent order, consent decree or corrective action under "environmental laws"; or d. Owned or operated by a bankrupt or financially insolvent entity. CSEN 00257 00 08 16 - Mold Coverage Amendatory Endorsement (Claims Made) - Retro Date: 07/11/2018 CSEN 00036 00 08 16 - Waiver of Transfer of Rights of Recovery - Name of Person or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract or written agreement, provided such contract or agreement was executed prior to the date of loss, injury or damage. CSEN 00015 00 08 16 - Exclusion - Operations Performed In Scheduled State(s) - Designated States: New York ENDORSEMENTS NOTES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 POLICY NUMBER: 5054-0565 © Insurance Services Office, Inc., 2012 Page 1 of 2CG 20 10 04 13 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or Location(s) Of Covered Operations Where specified by fully executed written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Any person or organization to whom the Named Insured has agreed by a fully executed written contract that such person or organization be added as an Additional Insured, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otherwise covered by this insurance. Name Of Additional Insured Person(s) Or Organization(s) POLICY NUMBER: 5054-0565 © Insurance Services Office, Inc., 2012 Page 2 of 2CG 20 10 04 13 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 POLICY NUMBER: 5054-0565 © Insurance Services Office, Inc., 2012 Page 1 of 1CG 20 37 04 13 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Location And Description Of Completed Operations Where specified by fully executed written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Any person or organization to whom the Named Insured has agreed by a fully executed written contract that such person or organization be added as an Additional Insured for Completed Operations Coverage, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otherwise covered by this insurance. Name Of Additional Insured Person(s) Or Organization(s) COMMERCIAL GENERAL LIABILITY CG 21 47 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: 5054-0565 © ISO Properties, Inc., 2006 Page 1 of 1CG 21 47 12 07 EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART B.The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's employment; or (c)Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2)The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1)Whether the injury-causing event described in Paragraphs (a), (b)or (c)above occurs before employment, during employment or after employment of that person; (2)Whether the insured may be liable as an employer or in any other capacity; and (3)To any obligation to share damages with or repay someone else who must pay damages because of the injury. A.The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's employment; or (c)Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2)The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b),or (c) above is directed. This exclusion applies: (1)Whether the injury-causing event described in Paragraphs (a), (b)or (c)above occurs before employment, during employment or after employment of that person; (2)Whether the insured may be liable as an employer or in any other capacity; and (3)To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 24 04 05 09 COMMERCIAL GENERAL LIABILITYPOLICY NUMBER: 5054-0565 © Insurance Services Office, Inc., 2008 Page 1 of 1CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Any person or organization against whom you have agreed to waive your right of recovery in a written contract or written agreement, provided such contract or agreement was executed prior to the date of loss, injury or damage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Name Of Person Or Organization: MULTI -CONTRACTOR AWARD AGREEMENT # 18-7459 for EXOTIC VEGETATION REMOVAL THIS AGREEMENT, made and entered into on this day of 20_, by and between Environmental Restoration Consultants, Inc. authorized to do business in the State of Florida, whose business address is 24571 Redfish Street, Bonita Sprinqs, Florida 34134 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ❑■ upon the date of Board approval ❑ , and terminating three (3 ) year(s) from that date or until all outstanding X Purchase Order(s) ❑ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ IITMN 0 Other Request for Qualification ( RFQ ) # 18-7459 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■❑ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 a� Multi -Contractor Award Agreement 2017.006 VeA O 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ❑1 The procedure for obtaining Work under this Agreement is outlined in ❑■ Other Exhibit/Attachment: Work Assignment Procedure 3.4 0 The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. ❑E The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ pf+G.es-s;a{I-be based a qi it B-Fee-S-.hedWe- Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". MW WMwa-MV, - -- - .. - -19 ' 4.1 Price Methodology (as selected below): ■❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 1 - N. RUN - ..timekeeping ...- "qt a _ _PA-etheF Fa4pla,- Multi-ContractorPage 2 of 33 • Agreement 2017.006 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. •• - - - - ON EMM I 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1� 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Environmental Restoration Consultants, Inc. Address: 24571 Redfish Street Bonita Springs, Florida 34134 Authorized Agent: Jeffrey A. Adair, President Attention Name & Title: Telephone: 239-992-0086 E-Mail(s): Ercinc@comcast.net All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Division Address: 15000 Livingston Road Naples, Florida 34109 Administrative Agent/PM: Melissa Hennig, Senior Environmental Specialist Telephone: 239-252-2957 E-Mail(s): Melissa.Hennig@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi -Contractor Award Agreement 2017.006 Ver.y-� Ob J or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑N Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Al Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. A96 _ _ ... .. .. - .. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page 5 of 33 Multi -Contractor Award Agreement 2017.006 Ve rpd� Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑E Exhibit A Scope of Services, ❑ Exhibit Q Coo SGhed6i4e; ❑ RFP/ ❑ 4TB/❑■ Other Request for Qualifications # 18-7459 , including Exhibits, Attachments and Addenda/Addendum, X subsequent quotes and corresponding contract documents,■❑ Exhibit C-1 Public Payment Bond, ❑■ Exhibit C-2 Public Performance Bond, X Exhibit D - Release and Affidavit Form, A Exhibit E — Form of Contract Application for Payment, ■❑ Exhibit F - Change Order, FE -1 Exhibit G - Certificate of Substantial Completion, X Exhibit H - Certificate of Final Completion, ❑■ Exhibit I - Warranty, and X Other Exhibit/Attachment: Work Assianment Procedures 17. APPLICABILITY. Sections corresponding to any checked box (E) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. R BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 23. 0■ LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. ❑E PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. 0 CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. FE -1 CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0010 Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29.❑ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32. Q PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. O COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 35. FE -1 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 002 ON 61�020­ -e offie. I - I --_. ------------ Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 F AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. FEI ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ( MINIMUM._ - - - - 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ( background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.11 0 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Cleric of Courts & Comptroller By: Dated: (SEAL) Contractor's Witnesses: Con actor's First Witness Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Andy Solis, Esq Chairman Environmental Restoration Consultants Inc. Contractor S By. Q.4/ (�a, - - ' Type/printlsignature and titV Page 16 of 33 Multi -Contractor Award Agreement 2017.006 Ver. Exhibit A Scope of Services F&I following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 OF 18 -7459 -Exotic Vegetation Removal EXHIBIT A SCOPE OF SERVICES Services for the removal of exotic and other nuisance vegetation by manual and mechanical methods including chemical and/or physical removal. Trees, bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc. and/or treated with chemicals, or removed by other methods depending on the requirements of the particular project and as directed by the County department. Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State law, and the named awardee(s) must provide and maintain all applicable licenses during the duration of the resultant contract. Species to be removed during the duration of this contract include, but are not limited to: • Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC) invasive species list. • Any other undesirable species as directed by the project manager. Additionally, the Contractor(s) must: 1. Provide professional assistance determining the most effective methodology to remove exotic vegetation. 2. Not dispose of debris into waterways. 3. Provide per acre pricing quotes on each project as requested by the project manager. The County may seek price quotes from one, or all, Contractors on the contract (as described in the Work Assignment Procedure). Quotes must include description of the project, location, description of the service to be provided and cost per acre. Contractor's quotes must be detailed as described by the Project Manager and Contractors' invoices must match quotes. 4. Coordinate with other selected Contractor (s) to complete the job as directed by the project manager. 5. Provide the service so as not to damage or destroy native vegetation within the area of exotic treatment. Due caution must be given to the surrounding habitat. 6. Minimize disturbance to surface area. Replace damaged native vegetation according to County Code. 7. Provide equipment in good repair necessary to perform the described services in particular and the equipment necessary to complete related tasks. If additional equipment (i.e. crane, bucket truck, ditch witch, etc.) is needed, the County must be notified in advance, for final approval. The reimbursement of rental equipment expense shall be at cost, commencing when it arrives at the service site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. 8. Ensure that all equipment (i.e. owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference, prior to entering the project site to commence work. Collier County staff reserve the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 9. Document pre -project existing conditions of project site and adjacent private property by photographs, video or other means at each work site, prior to commencement of any work, upon County's request. 10. Restore any damages caused by the completion of this project to the documented pre -project condition. Should a damage dispute arise, and the Contractor subsequently disputes the claim, it is the Contractor's responsibility to provide pre -project existing condition documentation. 11. Provide the Project Manager with a written list of all herbicides, adjuvant, and diluents and their mixing ratios. 12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within the right-of-way and/or easements. All operations shall be in accordance with a Collier County's Maintenance of Traffic Policy, #5807, Revised January 1, 2005, copies of which are available at: http://purchasing.colliergov.net/Vendors/Shared%20Documents/Maintenance%20of%20Traffic%20( Page 1 of 2 MOT).pdf. A Maintenance of Traffic Plan shall be approved in writing by the Department prior to the start of the project. Any equipment left in the right-of-way overnight shall be parked outside of the clear zone and as close as possible to the right-of-way line. No equipment shall be parked in the median regardless of the width of the median. 13. Inform the County Project Manager of work location and proposed schedule. 14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and unsightly vegetation materials on a daily basis. Daily clean-up operation must include removal and proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval of project manager, to be determined in advance. Ruts made in the soil must be removed by the Contractor. 15. Provide for a maximum of two (2) months, or less if directed by the Project Manager, mortality evaluation period from the substantial completion date noted in any order provided by the department to the Contractor. The Contractor shall demonstrate to the County that all exotic vegetation on site has been exterminated to the complete satisfaction of the department. Any re -growth of stumps or plants that were not eradicated shall be properly re -treated by the Contractor at no additional expense to the department. Following this secondary re -treatment, there shall be a one (1) month, or less if directed by the Project Manager, mortality re-evaluation period to determine effectiveness of re- treatment. 16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day and include the last day of such a period. If the last day of any such period falls on a Saturday or Sunday, or any County observed holiday, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the County department Project Manager. 18. Park vehicles and equipment in areas designated only by the County department and with prior permission of the Project Manager. Page 2 of 2 '•c? Fee Schedule ❑ following this page (pages through ) FN� this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, and to representatives, (Business Address) as Oblige in the sum of _) for the payment whereof we bind ourselves, our successors and assigns, jointly and severally. Bond No. Contract No. as as Surety, located at are held and firmly bound heirs, executors, personal WHEREAS, Principal has entered into a contract dated as of the _day of , 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. body. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF FaNERMIM By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20 by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) KV Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this of as of to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) 20 , by_ Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver,,1�1 O.a ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Vero O This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal STATE OF _ COUNTY OF By: _ Name: Its: The foregoing instrument was acknowledged before me this day of 20 by , as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 O O ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by _ , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Vero ti ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF (_ ) Before me, the undersigned authority, personally appeared who being duly sworn, deposes and says: after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this , as _ corporation, on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) _ day of of 20 , by He/she is personally known to me or has produced as identification and did (did not) take an oath. (Signature of Notary) NAM E: (Legibly Printed) Notary Public, State of Commissioner No.: Page 25 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: RE Original Contract Time: Revised Contract Time: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Retainage @ 10% thru[insert date] $ Retainage @ __% after [insert date] $ Percent Work completed to Date: % Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION: Name) ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page 26 of 33 (Signature) DATE: _ (Type Name and Title) Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: Change #: = Purchase Order #: Project #: Contractor/Firm Name: Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this chanae is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 27 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ c CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ �� my MAN Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 CA U Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.I Description Other Exhibit/Attachment Work Assignment Procedures ❑■ following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 33 of 33 Multi-ANvard Agreement 2017.006 Ver.l 18-7459- EXOTIC VEGETATION REMOVAL WORK ASSIGNMENT PROCEDURE The County reserves the right to select one or more Contractors(s) in the following manner: For work less than $25,000: the County shall select one of the Contractors or quote out the work among all the Contractors. • For work greater than $25,000 and less than $200,000: the County shall quote out the work among all the Contractors or conduct a separate new solicitation. For work that may exceed $200,000: the County shall quote out work among all the Contractors and obtain approval from the Board of County commissioners or conduct a separate new solicitation. The following Articles of the Agreement shall only be applicable for Projects over $200,000 Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 34. Completion Od U The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11/28/2018 Acentria Insurance -Ft.Myers Office 4091 Colonial Blvd,Ste 100 Fort Myers FL 33966 Certificate Team 239-939-1010 239-939-7172 coifm@acentria.com Allied World Surplus Lines Insurance Company 24319 ENVIRES-01 Old Dominion Insurance Co.40231EnvironmentalRestorationConsultants,Inc. 24571 Redfish St Bonita Springs FL 34134 StarNet Ins Co 40045 WESCO INS CO 25011 1667418987 A X 1,000,000 X 50,000 5,000 1,000,000 2,000,000 X Y 50540565 7/11/2018 7/11/2019 2,000,000 POLLUTION 1,000,000 B 1,000,000 X XX B1P7080H 6/29/2018 6/29/2019 D WWC3361746 6/26/2018 6/26/2019 X USL&H 1,000,000 1,000,000 1,000,000 C Marine Employers Liability BOUMP180345 6/26/2018 6/26/2019 E.L.EACH ACCIDENT 1,000,000 Owners/Officers Excluded from Workers Compensation Benefits:Jeffrey A.Adair Job:Multi-Contractor Award Agreement #18-7459 for Exotic Vegetation Removal CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOWN ABOVE FOR ANY WORK PERFORMED BY THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT.SUCH COVERAGE IS PROVIDED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AND INCLUDES A WAIVER OF SUBROGATION. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34109 16.D.7.r Packet Pg. 1465 Attachment: 18-7459 EnvironmentalRest_Insurance_11-28-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) INSURANCE BINDER Policy Number: 5054-0565 Named Insured: Environmental Restoration Consultants Inc. Page 3 of 5C&S Specialty Underwriters, LLC FORMS AND ENDORSEMENTS Schedule of Forms and Endorsements Commercial General Liability Coverage Form Contractor's Pollution Liability Coverage Endorsement (Occurrence - Defense Outside) Transportation Pollution Liability Coverage Endorsement (Occurrence) Employee Benefits Liability Coverage Endorsement Additional Insured-Owners Lessees or Contractors-Scheduled Person or Organization Additional Insured-Owners Lessees or Contractors - Completed Operations Employment-Related Practices Exclusion Exclusion of Certified Acts of Terrorism Waiver of Transfer of Rights of Recovery Against Others to Us (Blanket) Common Policy Conditions Nuclear Energy Liability Exclusion Endorsement (Broad Form) U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders Policy Premium Endorsement Service of Suit Endorsement Named Insured EndorsementCSEN 00006 00 08 16 CSEN 00005 00 08 16 CSEN 00001 00 08 16 IL P 001 01 04 IL 00 21 09 08 IL 00 17 11 98 CG 24 04 05 09 CG 21 73 01 15 CG 21 47 12 07 CG 20 37 04 13 CG 20 10 04 13 CG 04 35 03 05 CSEN 00206 00 08 16 CSEN 00202 00 08 16 CG 00 01 12 04 CSEN 00033 00 08 16 POLICY FORMS 16.D.7.r Packet Pg. 1466 Attachment: 18-7459 EnvironmentalRest_Insurance_11-28-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) INSURANCE BINDER Policy Number: 5054-0565 Named Insured: Environmental Restoration Consultants Inc. Page 4 of 5C&S Specialty Underwriters, LLC Continuous Injury Or Damage Provision New Residential Construction Exclusion Cross Suits Exclusion (CGL) Water Intrusion Exclusion Wrap Up Exclusion Additional Insured Owners, Lessees or Contractors Completed Operations Recording and Distribution of Material or Information in Violation of Law Exclusion Primary Non Contributory Endorsement for Specified Projects (Blanket) Exclusion - Operations Performed In Scheduled State(s) Fracking Exclusion Anti-Stacking Limitation Additional Insued Owners, Lessees or Contractors - Scheduled Person or Organization Deductible Endorsement (Deductible Applies to Allocated Loss Adjustment Expenses) Lead Exclusion Asbestos Exclusion Waiver of Transfer of Rights of Recovery Terrorism Exclusion (Non-Certified Acts) Notices to the Company Earth Movement Exclusion Dedicated Limits of Insurance (Contractor's Pollution Liability) Total Professional Services Exclusion Non Owned Disposal Site Coverage Endorsement (Blanket) Contractor's Pollution Liability Coverage Endorsement For Underground Storage Tank Installation (Claims Made) Mold Coverage Amendatory Endorsement (Claims Made) ENDORSEMENTS NOTES CG 20 37 04 13 - Additional Insured-Owners Lessees or Contractors - Completed Operations - Additional Insured: Any person or organization to whom the Named Insured has agreed by a fully executed written contract that such person or organization be added as an Additional Insured for Completed Operations Coverage, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otherwise covered by this insurance. Location(s) of Covered Operation: Where specified by fully executed written contract. CSEN 00006 00 08 16 - Named Insured Endorsement - Environmental Restoration Consultants Inc., Effective on 07/11/2018 CSEN 00012 00 08 16 - Additional Insured Owners, Lessees or Contractors Completed Operations - Additional Insured: Any owner, lessee, or contractor whom you have agreed to include as an additional insured under a written contract or written agreement, provided that such was executed prior to an "occurrence". Location(s) of Covered Operation: All locations and operations included in the "products-completed operations hazard" of the Named Insured. CG 24 04 05 09 - Waiver of Transfer of Rights of Recovery Against Others to Us (Blanket) - Name of Person or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract or written agreement, provided such contract or agreement was executed prior to the date of loss, injury or damage. CG 20 10 04 13 - Additional Insured-Owners Lessees or Contractors-Scheduled Person or Organization - Additional Insured: Any person or organization to whom the Named Insured has agreed by a fully executed written contract that such person or organization be added as an Additional Insured, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otherwise covered by this insurance. Location(s) of Covered Operation: Where specified by fully executed written contract. CSEN 00257 00 08 16 CSEN 00250 00 08 16 CSEN 00207 00 08 16 CSEN 00205 00 08 16 CSEN 00204 00 08 16 CSEN 00106 00 08 16 CSEN 00039 00 08 16 CSEN 00038 00 08 16 CSEN 00036 00 08 16 CSEN 00027 00 07 17 CSEN 00026 00 07 17 CSEN 00024 00 08 16 CSEN 00022 00 08 16 CSEN 00020 00 08 16 CSEN 00016 00 08 16 CSEN 00015 00 08 16 CSEN 00014 00 08 16 CSEN 00013 00 08 16 CSEN 00012 00 08 16 CSEN 00011 00 08 16 CSEN 00010 00 08 16 CSEN 00009 00 08 16 CSEN 00008 00 08 16 CSEN 00007 00 08 16 FORMS AND ENDORSEMENTS 16.D.7.r Packet Pg. 1467 Attachment: 18-7459 EnvironmentalRest_Insurance_11-28-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) INSURANCE BINDER Policy Number: 5054-0565 Named Insured: Environmental Restoration Consultants Inc. Page 5 of 5C&S Specialty Underwriters, LLC CSEN 00014 00 08 16 - Primary Non Contributory Endorsement for Specified Projects (Blanket) - Additional Insured: Any person or organization to whom the Named Insured has agreed by a written contract that was fully executed prior to an "occurrence" that such person or organization be added as an additional insured under this policy on a primary and noncontributory basis, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to "occurrences" subsequent to the making of such fully executed written contract otherwise covered by this policy. Specified Project: Where specified by fully executed written contract that was fully executed prior to an "occurrence". CSEN 00022 00 08 16 - Additional Insued Owners, Lessees or Contractors - Scheduled Person or Organization - Additional Insured: Any owner, lessee, or contractor whom you have agreed to include as an additional insured under a written contract or written agreement, provided that such was executed prior to an "occurrence". Location(s) of Covered Operation: Where specified by fully executed written contract. CSEN 00207 00 08 16 - Non Owned Disposal Site Coverage Endorsement (Blanket) - Disposal Site(s): Any location not owned, rented, or operated by you to which you or others working directly or indirectly on your behalf arranges for or sends materials for treatment, recycling, reclamation, storage or "disposal" that is licensed and/or certified by the respective controlling local, state and federal agency(s) and/or authorities to accept the sent materials and documents the receipt of each shipment of materials using written and signed manifests, provided at the time waste or materials were arranged for or sent to the "disposal" site or the effective date of the policy, whichever is later, such location was not: a. Listed, proposed for listing or formerly listed on the federal National Priorities List, State equivalent, or local equivalent list; b. Subject to an information request under Section 104 (e) of the Comprehensive Environmental Response, Compensation, and Liability Act or Section 3007(b) of the Resource Conservation and Recovery Act, or a state or local equivalent request; c. Subject to a consent order, consent decree or corrective action under "environmental laws"; or d. Owned or operated by a bankrupt or financially insolvent entity. CSEN 00257 00 08 16 - Mold Coverage Amendatory Endorsement (Claims Made) - Retro Date: 07/11/2018 CSEN 00036 00 08 16 - Waiver of Transfer of Rights of Recovery - Name of Person or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract or written agreement, provided such contract or agreement was executed prior to the date of loss, injury or damage. CSEN 00015 00 08 16 - Exclusion - Operations Performed In Scheduled State(s) - Designated States: New York ENDORSEMENTS NOTES 16.D.7.r Packet Pg. 1468 Attachment: 18-7459 EnvironmentalRest_Insurance_11-28-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 POLICY NUMBER: 5054-0565 © Insurance Services Office, Inc., 2012 Page 1 of 2CG 20 10 04 13 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or Location(s) Of Covered Operations Where specified by fully executed written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Any person or organization to whom the Named Insured has agreed by a fully executed written contract that such person or organization be added as an Additional Insured, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otherwise covered by this insurance. Name Of Additional Insured Person(s) Or Organization(s) 16.D.7.r Packet Pg. 1469 Attachment: 18-7459 EnvironmentalRest_Insurance_11-28-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) POLICY NUMBER: 5054-0565 © Insurance Services Office, Inc., 2012 Page 2 of 2CG 20 10 04 13 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 16.D.7.r Packet Pg. 1470 Attachment: 18-7459 EnvironmentalRest_Insurance_11-28-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 POLICY NUMBER: 5054-0565 © Insurance Services Office, Inc., 2012 Page 1 of 1CG 20 37 04 13 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Location And Description Of Completed Operations Where specified by fully executed written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Any person or organization to whom the Named Insured has agreed by a fully executed written contract that such person or organization be added as an Additional Insured for Completed Operations Coverage, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otherwise covered by this insurance. Name Of Additional Insured Person(s) Or Organization(s) 16.D.7.r Packet Pg. 1471 Attachment: 18-7459 EnvironmentalRest_Insurance_11-28-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) COMMERCIAL GENERAL LIABILITY CG 21 47 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: 5054-0565 © ISO Properties, Inc., 2006 Page 1 of 1CG 21 47 12 07 EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART B.The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's employment; or (c)Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2)The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1)Whether the injury-causing event described in Paragraphs (a), (b)or (c)above occurs before employment, during employment or after employment of that person; (2)Whether the insured may be liable as an employer or in any other capacity; and (3)To any obligation to share damages with or repay someone else who must pay damages because of the injury. A.The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's employment; or (c)Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2)The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b),or (c) above is directed. This exclusion applies: (1)Whether the injury-causing event described in Paragraphs (a), (b)or (c)above occurs before employment, during employment or after employment of that person; (2)Whether the insured may be liable as an employer or in any other capacity; and (3)To any obligation to share damages with or repay someone else who must pay damages because of the injury. 16.D.7.r Packet Pg. 1472 Attachment: 18-7459 EnvironmentalRest_Insurance_11-28-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) CG 24 04 05 09 COMMERCIAL GENERAL LIABILITYPOLICY NUMBER: 5054-0565 © Insurance Services Office, Inc., 2008 Page 1 of 1CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Any person or organization against whom you have agreed to waive your right of recovery in a written contract or written agreement, provided such contract or agreement was executed prior to the date of loss, injury or damage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Name Of Person Or Organization: 16.D.7.r Packet Pg. 1473 Attachment: 18-7459 EnvironmentalRest_Insurance_11-28-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal) Collier Environmenteil Services Lake & MA tland Management Specialists COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR QUALIFICATION RFQ Number and Title: #18-7459 / Exotic Vegetation Removal 2600 Golden Gate Parkway, Naples, Florida 34105 Office 239-262-2600 Fax 239-261-1797 COLT COunty Administrative Services Department Procurement Sery ces Division Form 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Ven r should check off each of the following items as the necessary action is completed: 7 The Solicitation Submittal has been signed. Ii The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc.) has been completed and attached. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. [+� Affidavit for Claiming Status as a Local Business, if applicable. [tel Division of Corporations - Florida Department of State — httl2://dos.myflorida.com/sunbiz( (If work performed in the State). [/ E-Verify/Immigration Affidavit (Memorandum of Understanding). ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: Peninsula Improvement Corporation dba Collier Environmental Services Address: 2600 Golden Gate Pkwy. City, State, Zip: Naples, Florida, 34105 Telephone: (239) 262-2600 Email: dgens barroncolli .c m Representative Signature: ;7 Representative Name: David B. Genson Date Coder County Administrative Services Department Procurement Services Dr.ision Form 3: Conflict of Interest Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Peninsula Improveme 0lora4n dba o tier Environmental Services Signature and Date: _ Print Name: David B. Genson Title of Signatory: Vice -President Collier County Administrative Services Department Procurement Services DeJ:sion Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this &IVA day of 6pnNy,, 2016in the County of Collier , in the State of Florida Firm's Legal Name Address: City, State, Zip Code Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Signature by: (Typed and written) Title: Peninsula Improvement Corporation dba Collier Environmental Services 2600 Golden Gate Pkwy. Naples, Florida, 34105 F22515 59-2072898 N/A (239) 262-2600 David B. Genson, Vice -President Additional Contact Information Send payments to: Same as above (required if different from Company name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier Same as above County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: corer County Administrative Services Depatnent Procurement Services Dr,ision Form 5: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifyro ram may deem the Vendor's proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Peninsula Improvement Corporation dba Collier Environmental Services Print Name David B. 4nson Signature State of Florida County of Collier Title Vice -President Date "1 /0/1$ The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Company ID Number: 482845 THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Peninusla Improvement Corporation (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E - Verify). This MOU explains certain features of the E -Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E -Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E -Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 131 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify _ .,.. y .nTN. E-Verif Company ID Number: 482845 by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non -citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E -Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to make available to the Employer at the E -Verify Web site and on the E -Verify Web browser, instructional materials on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E -Verify. DHS agrees to provide training materials on E -Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E -Verify program. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E -Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify SIX^y Company ID Number: 482845 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non - match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E -Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E -Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E -Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E -Verify program as a condition of continued use of E -Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: - If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E -Verify at 888-464-4218. - If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Y Company ID Number: 482845 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E -Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E -Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E -Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 and E -Verify system compliance inspections during the course of E -Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E -Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1-9 has been completed), and to complete as many (but only as many) steps of the E -Verify process as are necessary according to the E -Verify User Manual, or in the case of Federal contractors with the FAR E -Verify clause, the E -Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E -Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E -Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E -Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article ILD, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer Page 4 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify r �IIIIIU� Company ID Number: 482845 uses the E -Verify system for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non -match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E -Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E -Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E - Page 5 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify e.v�.. vr. •res ... +en htr • � Company ID Number: 482845 Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E -Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E -Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E -Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E -Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E -VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E -Verify by the Employer, the Employer may not reverify the employee through E -Verify. a. Federal contractors with the FAR E -Verify clause agree to become familiar with and comply with the most recent versions of the E -Verify User Manual for Federal Contractors and the E -Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E -Verify clause agree to complete a tutorial for Federal contractors with the FAR E -Verify clause. c. Federal contractors with the FAR E -Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E -Verify at the time of a contract award must enroll as a Federal contractor with the FAR E -Verify clause in E -Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E -Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, Page 6 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify E-Verify-......,--�,- Company ID Number: 482845 whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E -Verify as a Federal contractor with the FAR E -Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time of enrollment in the system and after the date and selecting which employees will be verified in E -Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E -Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E -Verify clause: Employers enrolled in E -Verify for 90 days or more at the time of a contract award must use E -Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E -Verify as other than a Federal contractor with the FAR E -Verify clause, must update E -Verify to indicate that they are a Federal contractor with the FAR E - Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E - Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E -Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E -Verify clause in E -Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E -Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E -Verify clause may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article ILD, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E -Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E - Verify verification of all existing employees within 180 days after the election. g. Form 1-9 procedures for existing employees of Federal contractors with the FAR E - Verify clause: Federal contractors with the FAR E -Verify clause may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E -Verify clause may also update previously completed Forms 1-9 to initiate E -Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Page 7 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 482845 Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E -Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E -Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E -Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E -Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system -generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it Page 8 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify mv"-7 ti-Verif a a�. c.. _.J,4x., [•' Company ID Number: 482845 determines that more than 10 days is necessary. The Employer agrees to check the E -Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E -Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E - Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non -match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E -Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. Page 9 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 482845 y ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E - Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any parry upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E -Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E - Verify through the use of mandatory refresher tutorials and updates to the E -Verify User Manual, the E -Verify User Manual for Federal Contractors or the E -Verify Supplemental Guide for Federal Contractors. Even without changes to E -Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E -Verify clause may terminate this MOU when the Federal contract that requires its participation in E -Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E -Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E -Verify clause fails to provide such notice, that Employer will remain a participant in the E -Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E -Verify clause, and will be required to use the E -Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E -Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. Page 10 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 482845 D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E -Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E -Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 482845 To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 888-464-4218. Employer Peninusla Improvement Corporation William Elliott Name (Please Type or Print) Electronically Signed �itle 1/04/2012 Signature Date Department of Homeland Security — Verification Division SCIS Verification Division ame (Please Type or Print) Electronically Signed , itle [01104/2012 Signature I (Date Information Required for the E -Verify Program nformation relating to your Comp: I Company Name: Peninusla Improvement Corporation j Company Facility Address: 2600 Golden Gate Parkway Naples, FL 34105 Company Alternate Address: County or Parish: COLLIER Employer Identification Number: P92072898 Page 12 of 131 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify .u. _ i usw °ro..11lllll Company ID Number: 482845 North American Industry William B Elliott Classification Systems (239) 262 - 2600 cat. 6802 Fax Number: (239) 262 - 6046 Code: 641 Administrator: Kathy Nichols Number of of Em�oyees: 10 to 19 Number of Sites Verified knichols@barroncollier.com for: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: William B Elliott Telephone Number: (239) 262 - 2600 cat. 6802 Fax Number: (239) 262 - 6046 E-mail Address: WElliott@barroncollier.com Name: Kathy Nichols Telephone Number: (239) 262 - 2600 eat. 6741 Fax Number: (239) 262 - 6046 E-mail Address: knichols@barroncollier.com Page 13 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Employer Registration - Employer E -Verify 7=-Verifsll E -Verify Enrollment: Let's Review Before we move on to the next step in the enrollment process, let's review your selections. Page 1 of 1 Exit Question Your Answer 1. Does your company need to verify its employees? Yes 2. Question Your Answer 1. Does your company need to verify its employees? Yes 2. Does your company have clients and need to verify their employees? No 3. Does your company have a central office that needs to manage E -Verify use for multiple locations that access E -Verify? No 4. Does your company plan to develop its own software to use E -Verify? No Based on your answers to the above questions, you've told us: • Your company plans to verify the employment eligibility of its employees; and • Your company plans to use the E -Verify Web site to do the verifications. We call this type of access the Employer Access Method. If this sounds like what you need — great! Just click on the 'Next' button to continue. If you'd like to go back and change your selections, click on the 'Back' button to return to the previous page. Back I Next U.S. Department of Homeland Security I U.S. Citizenship and Immigration Services Accessibility Downlow https:He-verify.uscis.gov/enroll/StartPage.aspx?JS=YES 1/4/2012 Employer Registration - E-Verify Page 1 of 1 Exit E-Verify J f>. iiiuil :r E -Verify Enrollment: Organization Designation Lots of organizations, from large federal agencies to small local businesses, use E -Verify. Choosing the right c organization ensures that we provide you with the right information you need to use E -Verify. Identify whether your organization is part of the federal government, state government, local government, or a contractor with or without the FAR E -Verify clause. If your organization does not fall within any of these catego 'None of these categories apply'. You can change your organization designation at any time by updating your company profile in E -Verify. Which category best describes your organization? None of these categories apply - 4.0 We're here to help! If you are unsure which category to select, click on the help icon above or contact E -Verify Support at 888-464-4218 or E-Verify(j�dhs.gov. Back I Next U.S. Department of Homeland Security I U.S. Citizenship and Immigration Services Acces https:He-verify.uscis.o,ov/enroll/SelectAccessMethod.aspx?JS=YES 1/4/2012 collier CnuV►sty Administrative Services Department Procurement Serr.ces Dioson Form 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name Peninsula Improvement Corporation dba Collier Environmental Services (as shown on income tax return) Business Name (if different from taxpayer name) Address 2600 Golden Gate Pkwy. City Naples State Florida Zip Order Information (Must be filled out) Address 2600 Golden Gate Pkwy. Remit / Payment Information (Must be filled out) Address 2600 Golden Gate Pkwv. City Naples State Florida Zip 34105 I City Naples State Florida Zip 34105 Email dpenson(abarroncollier.com 2. Company Status (check only one) Email dgensonna,barroncollier.com _Individual / Sole Proprietor X Corporation _Partnership _Tax Exempt (Federal income tax-exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification 3. Taxpayer Identification Number (for tax reporting puaposes only) Federal Tax Identification Number (TIN) 59-2072898 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Dae Form: Certification: Under nenaltieslofneriurv. I cerA that the information shown on this form is correct to my knowledge. Signat a � / [_� Date A& I1,6 Title Vice -President Phone Number (239) 262-2600 Form W-9 Request for Taxpayer Give Form to the (Rev. November 2017) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.ir-s.gov/F`ormW9 for instructions and the latest information. 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. Peninsula Improvement Corporation ri m m CL 0 N a0 �v `0 2 c c w a! 0 M a, W o 2 Business name/disregarded entity name, if different from above d/b/a Collier Environmental Services 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individuallsole proprietor or ❑ C Corporation ❑� S Corporation ❑ Partnership ❑ Trust/estate single -member LLC 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► (nppWs fa accovms mdMahied auWdo IAe U.S.) 5 Address (number, street, and apt. or suite no.) See Instructions. Requester's name and address (optional) 2600 Golden Gate 6 City, state, and ZIP c Naples, FL 34105 7 List account number( Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - _ entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. F—F-1 j—j—jTF ©DO©0M©UMMC Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of p �' (n Here U.S. person 0- i�/ N� �V �C)� Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/Form W9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) Coder caHnty Administrative Services Department Procurement Services Division Form 7: Vendor Submittal — Local Vendor Preference Affidavit (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) ® Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XV of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non- permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ®Collier County or ❑ Lee County: 2006 Number of Employees (Including Owner(s) or Corporate Officers): 24 Number of Employees Living in ® Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):_ 17 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Peninsula Improvement Corporation /G 1 Vendor Name: dba Collier Environmental Services Date: le Address in Collier e Co nty: 2 0 Golden Gate Pkwy.. Naples, Florida 34105 Signature: Title: Vice -President COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 892192 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104.(239) 252.2477 VISIT OUR WEBSITE AT: www.colliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2019 LOCATION 2600 GOLDEN GATE PARKWAY ZONED: CITY BUSINESS PHONE 658-6060 STATE OR COUNTY LIC # 35398 1-10 EMPLOYEES NO FERTILIZING CLASSIFICATION. LANDSCAPING RESTR CLASSIFICATION CODE: 02102601 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. �� �g FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS EGAL FORT' " kf' 41F Co rat n PENINSULA IMPROVEMENT CORPORATION �r t COLLIER ENVIRONMENTAL SERVICES LLIOTT, WILLIAM ' V600 GOLDEN GATE PARKWAY ' - a NAPLES, FL 34105 %A61TO d , -THIS TAX IS NON -REFUNDABLE - 01 DATE 07/06/2018 for0/ AMOUNT 36.00 This document is a business tax only. The is not certification that lic7maybe in � �' � �' RECEIPT 502-19-00008229 It does not permit the licensee to violate any existing regulatory zoni�d{co- tt n fr m n other taxes or permits thatrequire ''"94.01nor does d exempt the lice see o a y pe Detail by Entity Name Florida Department of State 1 /l• i Irl Jl�r,�f�.org c;0:; o;�,:� arr •r/j1.1•r! :ir.rht nJ� hlnrllrt ;:_ %hrt•• Department of State / Division of Corporations 1 Search Records 1 Detail By Document Number 1 Detail by Entity Name Florida Profit Corporation PENINSULA IMPROVEMENT CORPORATION Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date F22515 59-2072898 03/09/1981 FL ACTIVE CORPORATE MERGER 06/19/2008 NONE Principal Address 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Changed- 04/06/2005 Mailing Address 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Changed: 04/06/2005 Registered Agent Name & Address BOAZ,BRADLEY 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Name Changed: 05/02/2008 Address Changed: 04/30/2001 Officer/Director Detail Name 8r Address Title V/S/T BOAZ, BRADLEY A 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Page 1 of 4 DIVISION OF CORPORATIONS http:!+'search.sunbiz.org/lnquiry. CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/27/2018 Detail by Entity Name Title C/D COLLIER, BARRON III G 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title V SONALIA, JEFF 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title V BAIRD, DOUGLAS E 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title V GOGUEN, BRIAN L 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title P GABLE, R. BLAKESLEE 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title V GENSON, DAVID B 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title Director SPROUL, KATHERINE G 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title D VILLERE, LAMAR G 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title D ALDEN, PHYLLIS G Page 2 of 4 http://search. sunbiz.orglInquiry/CorporationSearchISearchResultDetail?inquirytype=Entity... 8/27/2018 Detail by Entity Name 2600 GOLDEN GATE PARKWAY NAPLES. FL 34105 Title D KUNDE, CHELSEA 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title Director SPROUL. JULIET A 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title VP ENGLISH, JOHN C 2600 GOLDEN GATE PKWY NAPLES. FL 34105 Title AV Kennedy, Kelly 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title AV Triplett, Karen 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Annual Reports Report Year Filed Date 2018 04/25/2018 2018 07/10/2018 2018 08103/2018 Document Images 08/03/2018 --AMENDED ANNUAL REPORT I View image in PDF format 07/10/2018 -- AMENDED ANNUAL REPORT View image in PDF format 04/25/2018 -- ANNUAL REPORT View image in PDF format 04/20/2017 -- ANNUAL REPORT View image in PDF format 04/19/2016 — ANNUAL REPORT View image in PDF format 04/24/2015 - ANNUAL REPORT View image in PDF formal 04/22/2014 -- ANNUAL REPORT View image in PDF formal 09/19/2013 -- AMENDED ANNUAL REPORT View image in PDF formal 04/02/2013 ANNUAL REPORT View image in PDF format 04/27/2012 -- ANNUAL REPORT View image in PDF format 04/19/2011 --ANNUAL REPORT View image in PDF format Page 3 of 4 http:''search.sunbiz.org/InquiryCorporationSearch/SearchResultDetail?inquirytype�Entity... 8/27/2018 Detail by Entity Name 05/01/2010 ANNUAL REPORT 04/22/2009 -- ANNUAL REPORT 07/07/2008 -- ANNUAL REPORT 06/1912008 •- Mercier 05/0212008 —ANNUAL REPORT 03/29/2007 -- ANNUAL REPORT 04/26/2006 --ANNUAL REPORT 04/06/2005 — ANNUAL REPORT 03/23/2004 ANNUAL REPORT 04/17/2003 —ANNUAL REPORT 04/30/2002 --ANNUAL REPORT 04/30/2001 —ANNUAL REPORT 05/08/2000 — ANNUAL REPORT 04/02/1999 --ANNUAL REPORT 04/20/1998 ANNUAL REPORT 05/12/1997 --ANNUAL REPORT 05/01/1996 -- ANNUAL REPORT 05/01/1995 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Flo,. da Department or State, Divislon or Corporawns Page 4 of 4 http:'/search.sunbiz.org Inquiry.'CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/27/2018 sunbiz.org - Florida Department of State Florida Department of State Wig - Previous on List Next on List Return to List Filing History Fictitious Name Detail Fictitious Name Page 1 of 1 DIVISION OF CORPORATIONS Fictitious Name Search Submit COLLIER ENVIRONMENTAL SERVICES Filing Information Registration Number G11000082210 Status ACTIVE Filed Date 08118/2011 Expiration Date 12131/2021 Current Owners 1 County MULTIPLE Total Pages 2 Events Filed 1 FEI/EIN Number 59-2072898 Mailing Address 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Owner Information PENINSULA IMPROVEMENT CORPORATION 2600 GOLDEN GATE PARKWAY NAPLES. FL 34105 FEI/EIN Number: 59-2072898 Document Number: F22515 Document Images 08/18/2011 -- Fictitious Name Fdmg View image in PDF format 06/01/2016 - Fictitious Name Renewal Filing View image in PDF format Previous on List Next on List Return to List IFictitious Name Search Filinc History Submit Florida Department of State. Division of Corporations http://dos. sunbiz.org/scripts/ficidet. exe?action=DETREG&docnum=G 11000082210&rdoc... 8/27/2018 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at hgps:Happs.fldfs.com/bocexempt/ 2. ® Employer's Liability $_1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage; Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® Thirty (30) Days Cancellation Notice required. 819118 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Peninsula I rovement Co poration Q /18 Name of Firm dba� r9gment_ rvices Date Vendor Signature Print Name David B. Genson Insurance Agency Arthur J. Gallagher Risk Management Services, Inc. Agent Name Bud Hornbeck Telephone Number (239) 262-7171 A� Q® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDnYYY) 8/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. PO Box 532143 Atlanta GA 30353 CONTACT NAME: Kristin Nefert PHONENo, 239-262-7171 n/c No):2S9-262-5360 E-MAIL ADDRESS: kristin—neiert@ajg.com INSURERS AFFORDING COVERAGE NAIC # 8/1/2018 INSURER A:FCCIInsurance Company 10178 EACH OCCURRENCE $ 1,000,000 INSURED BARRCOL-03 INSURER B: American Guarantee and Liability Ins Co 26247 Peninsula Improvement Corporation dba Collier Environmental Services INSURERC: INSURER D : 2600 Golden Gate Parkway INSURER E : Naples FL 34105 INSURER F AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY COVERAGES CERTIFICATE NUMBER: 671092399 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSD SUER POLICY NUMBER POLIC F MMIDD/YYY Y POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR FPPOD00106 16 8/1/2018 8/2/2019 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY � PRC JECT [7 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY CA100004248-02 8/1/2018 8/1/2019 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident)_ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE AUC297518416 8/112018 8/1/2019 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,0001000 DED I X I RETENTION $, $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Ya OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 001-WC18A49046 1/1/2018 1/1/2019 X I STATUTE ERH E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ SO .000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Re: 18-7459 Exotic Vegetation Removal d`COTICIL`ATIP Nn1 r1FR CANCELLATION U Tytftf-LUTO A6UKU L,UKrUKA I IUIV. An ngnis reserveu. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board Of County Commissioners - ACCORDANCE WITH THE POLICY PROVISIONS. Procurement Services AUTHORIZED REPRESENTATIVE 3295 East Tamiami Trail - Building C2 Naples FL 34112 U Tytftf-LUTO A6UKU L,UKrUKA I IUIV. An ngnis reserveu. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 Solicitation #18-7459 - Exotic Vegetation Removal • RFQ Cli Q & A deadline: Aug 29, 2018 3:00:00 PM EDT l Print 1 Question 0 Unanswered Questions 1. Exotic Vegetation Removal - Exotic Vegetation Removal n here is not size of the area to be treated Can you provide that info? Or there is a pre -meeting for this. - Aug 31, 2018 10:16:25 AM EDT Answer - Aug 31, 201810.17 05 AM EDT There is no size, because this contract is intended to be used at any County properly over the next few years. The chosen vendors will be asked to give a quote for each job at a per acre cost once they are on contract. Each job will be different, even at each property over the years, depending on habitat, type of exotics, and density of exotics. V DResults Per Page: 5 v https://www.bidsync.comlbidsync-app-web/vendorllinksBidDetail.xhtml?bidid=2030713 &... 9/4/2018 EVALUATION CRITERIA NO. 1: COVER LETTER — MANAGEMENT SUMMARY (5 Total Points) See next page Collier Environmental Services Lake & %*tland Management Specialists September 7, 2018 Collier County Board of County Commissioners Procurement Services 3295 E. Tamiami Trail, Building C2 Naples, FL 34112 Attn: Evelyn Colon RE: RFQ #18-7459 — Exotic Vegetation Removal Dear Ms. Colon: Peninsula Improvement Corporation dba Collier Environmental Services is pleased to submit this proposal to provide treatment and removal of exotic and other nuisance vegetation in response to the above referenced Collier County RFQ. We have extensive local experience, specialized equipment and tools, and a proven track record of completing similar projects in challenging conditions. Peninsula Improvement Corporation dba Collier Environmental Services knows that its professional team is highly qualified to assist Collier County and all other departments in the completion of their required environmental tasks. Established in March 2006, Peninsula Improvement Corporation dba Collier Environmental Services specializes in exotic and nuisance vegetation control, habitat restoration, enhancement, and management; lake and littoral management, native species planting and maintenance; and wetland monitoring and maintenance. Peninsula Improvement Corporation dba Collier Environmental Services offers the following benefits: ➢ A professional team with the tremendous labor and equipment resources to accomplish all your chemical and physical removal and management of exotic and nuisance vegetation; ➢ Relevant experience and a thorough understanding of native species and habitat conditions in Collier County and Southwest Florida; ➢ An adaptable management plan that will ensure a quick response and successful project completion on time and within budget. Peninsula Improvement Corporation dba Collier Environmental Services look forward to the opportunity to serve Collier County by providing treatment and removal of exotic and other nuisance vegetation. Should you require additional information regarding this proposal, please contact Will Elliott at (239) 253-4735 or welliott@barroncollier.com. SN'� David B. Genson Vice President Peninsula Improvement Corporation dba Collier Environmental Services 2600 Golden Gate Parkway, Naples, Florida 34105 Office 239.262.2600 Fax 239-261-1797 EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points) Not applicable EVALUATION CRITERIA NO. 3: FIRMS PROVEN EXPERIENCE (40 Total Points) • Proven experience • List of five natural area exotic vegetation projects completed within the last 5 years • Brief description of whether the project met or exceeded the schedule outlined • Client list • Copy of Collier County Landscape License (#C35398) • Copy of the State of Florida Building Contractor License (#CGC1519862) • Copy of approved license according to Collier County Contractors Licensing Dept. (#201100000917) • Copies of FDACS Commercial Applicator Pesticide Licenses: #CM18047 /William Elliott #CM22405 / Concepcion Escobedo #CM21242 /Jeremy Hardin • Reference forms o Collier Enterprises o Grey Oaks Country Club o Old Florida Golf Club o Resort Management Group, Inc. Collier Environmental Services is a full service company focused on providing quality land management of natural areas, and ecological and aquatic management services. The company was established in 2006 and has been serving both public and private projects throughout southwest Florida. The primary purpose of the company is to provide the necessary services for the restoration and enhancement of environmentally sensitive uplands, wetlands, and water bodies. Specifically, Collier Environmental Services provides the following services: • Exotic and nuisance vegetation eradication, control, and maintenance • Knowledge of southwest Florida mitigation sites and natural areas • Habitat restoration services including grading, eradication, planting, and maintenance • Aquatic weed control and management including lakes, ponds, canals, and ditches • Littoral zone planting and maintenance in lakes and ponds • Flow -way restoration through ditch and canal cleaning and construction, berm removal, and culvert installation • Mowing with both large, intermediate, and small mowers • Spraying services including a roadside sprayer, skid mounted sprayer, boat mounted spray system, airboat spray, and back pack sprayers • Heavy equipment capability • Best Management Practice Certified • Registered to conduct business with the State of Florida, Collier, Lee, Charlotte, and Hendry Counties, and the City of Naples These services are all provided in a safe, efficient, environmentally sound manner in order to successfully complete the task at hand and minimize any negative effect on the environment. Collier Environmental Services takes a broad minded approach to handling tasks that are presented. By doing this, we consider all possible procedural options and potential project constraints before moving forward. We are experienced in handling projects under challenging conditions. Our experienced staff is well qualified in the areas of engineering, natural areas management, governmental affairs, agronomy, professional project management, exotic/nuisance vegetation eradication, and aquatics management. This experience allows for the development and implementation of creative, efficient, and successful operational plans. We are always looking for new and innovative ways to deal with nuisance and exotic vegetation. Budgets, schedules, and resource needs are prepared for each project before the work is started. Costs and progress are constantly monitored to make sure projects are on time, task, and within budget. If any measured condition is not within estimated performance criteria, appropriate modifications are made to correct the situation. Collier Environmental Services has an excellent knowledge of mitigation and compliance activities required in southwest Florida and can rapidly develop and deploy plans to successfully meet all required tasks. Collier Environmental Services' experience includes projects as small as installing sod along a roadside berm to complete eradication, re -contouring, and planting of wetland systems hundreds of acres in size. The company has a successful history of completing projects of all sizes under varying conditions. Many of these projects are also currently under maintenance agreements. We have the equipment and personnel necessary to accomplish jobs with budgets ranging from $1,000 to multi -millions of dollars and have the ability to obtain performance bonds in excess of $500,000. Collier Environmental Services offers a dedicated team of highly qualified professionals with the experience, knowledge, and equipment to provide the services necessary for the Exotic Vegetation Removal #18-7459 Solicitation. The company has the familiarity and capability to successfully continue to deliver the projects on time and within budget. We look forward to continued pursuit of this endeavor. Five natural area exotic vegetation proiects completed within the last 5 years: 1) Ave Maria On -Site Mitigation, Wetland Basin Restoration, Collier County, Florida Treatment Start End Original Final Change Client Tasks Acres Method Date Date Budget Cost Orders Name Maintenance Treatments on 10-24% 154.8 "KIP" herbicide 6/08 6/15 $154,800 $185,760 1 AMD,SDS exotic and nuisance vegetation Scope of Work Activities involved restoration work to 5 wetland basins at Ave Maria, Florida totaling 154 acres. All exotic and nuisance vegetation was eradicated through mechanical removal and with directed "kill in place" herbicide treatments. Primary vegetation eradicated and maintained are Brazilian pepper, Cesar's weed, melaleuca, air potato, cogon grass, torpedo grass, west Indian marsh grass, and para grass. All wetland basins were restored through plantings of native vegetation. The project met the monitoring requirement in 2015 and is under long term maintenance. 2) Lee County Environmental Maintenance Contracts 10-08, 12-07, 14-0195 Treatment Start End Original Final Change Client Tasks Acres Method Date Date Budget Cost Orders Name 10-24% exotic & nuisance maint 1250 "KIP" herbicide 2010 2014 $200,692 $200,692 0 Lee 20/20 25-49% exotic & nuisance maint 50 "KIP" herbicide 2010 2014 $8,000 $8,000 0 Lee 20/20 Scope of Work The primary activities for these contracts has been exotic and nuisance plant control and native plant installation for habitat restoration. The work has been on various Lee County Conservation, 20/20, and Parks and Recreation lands throughout the county. Various preserves totaling well over 1200 acres have been successfully treated. Primary species controlled have been Brazilian pepper, torpedo grass, Cesar's weed, cogon grass, climbing cassia, melaleuca, lygodium, tropical soda apple, and west Indian marsh grass. Foliar, cut stump, basal bark, girdle, and cut and remove treatments have all be used depending on the exotic species category and density. Four wetland marshes had pre -plant herbicide, planting, and follow up herbicide. All preserve treatments successfully met the scope of work. 3) Florida Department of Transportation Maintenance of Mitigation Sites, Roadway Ditches, and Stormwater Treatment Areas, District 1 Treatment Start End Original Final Change Client Tasks Acres Method Date Date Budget Cost Orders Name 10-24% exotic & nuisance eradication 605 "KIP", cut, mow 2014 2018 $306,309 $306,309 0 FDOT and maintenance Scope of Work The primary activities for these contracts has been exotic and nuisance plant control on various mitigation sites, roadway ditches, and stormwater treatment areas throughout FDOT District 1. The treatments have involved initial eradication of heavily infested Brazilian pepper, cattail and lygodium Maintenance "KIP" treatments as well as mowing are also used. Tools employed to carry out these have involved chippers, chainsaws, tractors, bush hog mowers, ride on mowers, hand tools, dump truck, and an aquatic weed harvester. The primary species treated have included Brazilian pepper, cogon cogon grass, torpedo grass, guinea grass, air potato, Cesar's weed, alligator grass, and various vines. Some sites have required trash/debris removal, rip rap and sod installation, and fence repair. All sites meet the scope of work for this contract. 4) Collier Enterprises Management Shaggy Cypress Mitigation Area, Collier County, Florida Tasks Acres 10-24% exotic & nuisance eradication 272 25-49% exotic & nuisance eradication 4 50-75% exotic & nuisance eradication 35 76-100% exotic & nuisance Budget eradication 15 Maintenance treatment to 10-24% 322 exotic and nuisance vegetation Treatment Start End Original Final Change Client Method Date Date Budget Cost Orders Name "KIP" herbicide 2011 2011 $232,963 $232,963 0 CE Mgt "KIP" herbicide 2011 2011 $6,500 $6,500 0 "KIP" herbicide 2011 2011 $56,777 $56,777 0 "KIP" herbicide 2011 2011 $29,185 $29,185 0 "KIP" herbicide 2012 2017 $352,270 $352,270 0 Scope of Work The primary activities for this contract has been initial eradication and maintenance treatments to all exotic and nuisance vegetation on this site in eastern Collier county. The acreage has a large melaleuca component so a good portion of the site is boggy and contains some fresh water marsh. The primary species treated have been Brazilian pepper, melaleuca, torpedo grass, para grass, west Indian marsh grass, Cesar's weed, water primrose, salvinia, and a very dense area of lygodium. Treatment methods have included basal bark, foliar, cut stump, poodle cut, and hand pull, RTV, jon boat, back pack sprayer, machete, and air boat. The site successfully met the monitoring requirement in 2017 and is currently under maintenance. 5)Winding Cypress Mitigation and Maintenance, Collier County, Florida This initial eradication work on this project was started in 2007 and phased in over years. Target species were Brazilian pepper, sections of melaleuca with 75% infestation, vines, false shrubby button weed, dog fennel, and various vines. Annual maintenance treatments began in late 2008. In 2014 additional clearing was conducted and more initial exotic eradication was completed to the new areas. Tools used on this project included, back pack sprayers, gps for boundary marking, jon boat, machetes, chain saws, RTV, and hand tools. cut stump, basal bark, and foliar treatments were all used. The project began maintenance treatments in 2009 and completed the monitoring component in 2017. Long term maintenance and supplemental plantings are now occurring. Treatment Start End Original Final Change Client Tasks Acres Method Date Date Budizet Cost Orders Name 10-24% exotic & nuisance eradication 822 "KIP" herbicide 2009 2017 $990,000 $990,000 0 Pulte Maintenance treatment to 10-24% exotic and nuisance vegetation Scope of Work This initial eradication work on this project was started in 2007 and phased in over years. Target species were Brazilian pepper, sections of melaleuca with 75% infestation, vines, false shrubby button weed, dog fennel, and various vines. Annual maintenance treatments began in late 2008. In 2014 additional clearing was conducted and more initial exotic eradication was completed to the new areas. Tools used on this project included, back pack sprayers, gps for boundary marking, jon boat, machetes, chain saws, RTV, and hand tools. cut stump, basal bark, and foliar treatments were all used. The project began maintenance treatments in 2009 and completed the monitoring component in 2017. Long term maintenance and supplemental plantings are now occurring. Client List: 1. Special District Services, Inc., 2501 A Burns Road, Palm Beach Gardens, FL 33410 Contact: Todd Wodraska E-mail: twodraska@sdsinc.org Phone: (561) 630-4922 2. Lee County BOCC (Parks & Rec), P.O. Box 398, Fort Myers, FL 33902 Contact: Cathy Olson E-mail: colson@leegov.com Phone: (239) 533-7455 3. FL Dept. of Transportation, 801 N. Broadway Avenue, Bartow, FL Contact: Steven Kelly E-mail: steven.kellv@dot.state.fl.us Phone: (863) 519-2762 4. Collier Enterprises Management, Inc., 975 New Harvest Road, Immokalee, FL 34142 Contact: Ray March E-mail: rmarch@collierenterprises.com Phone: (239) 434-4031 5. Pulte Group, 24311 Walden Center Drive #300, Bonita Springs, FL 34134 Contact: Pat Butler E-mail: Patrick.butler@PuIteGroup.com Phone: (239) 777-3512 COLLIER COUNTY CERTIFICATE OF COMPETENCY CERTIFICATION INFORMATION C35398 Certification Information Collier County Board of County Commissioners Date: August 28, 2018 DBA: PENINSULA IMPROVEMENT CORPORATION (DBA) COLLIER ENVIRONMENTAL SERVICES ADDRESS: 2600 GOLDEN GATE PKWY NAPLES, FL 34105 - PHONE: 2392622600 CELL: 2392534735 FAX: 2392611797 LICENSEE NBR: C35398 INSURANCE: Worker's Compensation January 01, 2019 General Liability August 02, 2019 QUALIFIER: WILLIAM B. ELLIOTT TYPE: LANDSCAPING RESTRICTED CONTR. CLASS CODE: 4235 ISSUANCE NBR: 35398 ORIG ISSD: October 10, 2011 EXPIRATION: September 30, 2019 NOTE: It is the Qualifier's responsibility to keep all business, licensing and requirements current and to provide up to date copies for Collier county files. This includes all insurance certificates and any change of address information. ---------------------------------------------------- Collier County * City of Marco * City of Naples Contractor Licensing _ LA DSCAPING RESTRICTED CONTR. C35398Cert Nb �����' 09/30V,201-9 Ac° -five PENINSULA I EMEN�"TYGORPORAT.ION-(DBA+)zGOLLIER ENVIRON,M�E TALC`/ERVIGE�,� , t Je artment WILLI B. EL IOW9 C2-600290-0EN�GA-1PKWY .y M- nagem G vision NAPLES 5 - Signed. ro O Z O c c aJ < u Q U � D w ' O U Q = a Wa/ F-- J g Q w v) a, w O W W N x p E- N Q m Z J _O v = O Z � t— m H N u c F- ... C-40 aj E aJ z Vi Z Q N c o u O O p 00 r+ v v- DC Ln ul.O V (n O Q OaM V o c c O a j. z �; ., Z Q LL LL u W w w� .. Q E - W �- pa _°e aUJ >o a -0 c w O a �Qw O N � c a Z L m Q W Z U u a -0Q N O a ,o NZ F- w Z g N Z LLJ Z H u p 75 O _ � Z O � u ;� o � m V u Z O Z : x (U LL -j 0 O CC Z ``' Ln w � �n a 3' z� Z Q en' z Z w O c w W Z 9 �' u LU > a _ o V F•o u Q>- •� Y U W jc— � Q •sf"I�. pp� J License Application Status - CityView Portal License Application Status Page 1 of 1 GMD Public Portal Issuances Type Date Issued GENERAL CONTR.-CERTIFIED 10/25/2012 Submittals There are no submittals for this license application. Reviews There are no reviews for this license application. Insurance Producer Type ARTHUR J. General Liability GALLAGHER RISK MANAGEMENT SERVICES Date Expires Status Number 08/31/2020 Active 201100000917 Policy Effective Date Expiry Date Limit VGGP003488 08/01/2018 08/01/2019 $2,000,000.00 Expiration Processed: No Producer Phone Number: (239) 280-3259 ARTHUR). Worker's 001-WC18A- 01/01/2018 01/01/2019 GALLAGHER RISK Compensation 49046 MANAGEMENT SERVICES Expiration Processed: No Producer Phone Number: (239) 280-3259 http://cvportal.colliergov.net/CityViewWeb/License/Status?license1d=124842 8/31/2018 Note: You can collapse and expand individual sections by clicking the header of the section you wish to collapse/expand. — License Application Summary Application Number: LCC20110001790 Business Name: PENINSULA IMPROVEMENT CORPORATION License Type: Contractor Application Status: Active Description of Business: `*Seperate company from PENINSULA IMPROVEMENT CORPORATION (DBA) COLLIER ENVIRONMENTAL SERVICES Mailing Address: 2600 GOLDEN GATE PKWY NAPLES FL 34105 smarquez@barroncoiller.coin Issuances Type Date Issued GENERAL CONTR.-CERTIFIED 10/25/2012 Submittals There are no submittals for this license application. Reviews There are no reviews for this license application. Insurance Producer Type ARTHUR J. General Liability GALLAGHER RISK MANAGEMENT SERVICES Date Expires Status Number 08/31/2020 Active 201100000917 Policy Effective Date Expiry Date Limit VGGP003488 08/01/2018 08/01/2019 $2,000,000.00 Expiration Processed: No Producer Phone Number: (239) 280-3259 ARTHUR). Worker's 001-WC18A- 01/01/2018 01/01/2019 GALLAGHER RISK Compensation 49046 MANAGEMENT SERVICES Expiration Processed: No Producer Phone Number: (239) 280-3259 http://cvportal.colliergov.net/CityViewWeb/License/Status?license1d=124842 8/31/2018 .flor0a;BzPatftent of 912rktitnr1 SO Congumtr lberhlteg Pesticide Certlncation Otnce Commercial Applicator License License 4 CM18047 ELLIOTT, WILLIAM BERNARD Categories 2600 GOLDEN GATF PKWY 21, SA, 6 NAPLES, PL 34105 MSep ber 2014 Expires; September 30, 2018 Signature f l-ieen8te ADAM K PUTNAK COMMISSIONER Tx.mw um.W�w � lumied oaacr iK pwmoro nrC�rr 47. P f ro aoaou..na.ppy,v�,wud ne Flonda Department of Agriculture and Consumer Services L'cM= Cateeones I A I Ag Row Crop I A2 Ag Tree Crop I B Ag Animal I C Pnvate Applicator Ag I D Soil and Greenhouse Fum I E Raw Ag Commodity Fum 2 Forest Pest Control 3 Ornamental and Turf 4 Seed Treatment 5A Aquatic Pest Control 5B Organotin Paint 6 Right of Way 7A Wood Treatment 7B Chlorine Gus Infusion 7C Sewcr Root Control 9 Regulatory Pest Control 10 Demonstration and Researclt 11 Aerial Application 20 Regulatory Insp. and Samp 21 Natural Areas Weed Mgmt For information, call (850) 617-7870 -flortba Moarbnent of Agriculture anb Consumer berbire5 Pesticide Certification Office Commercial Applicator License License # CM22405 iSCOBEDO, CONCEPCION Categories PO BOX 3101 21 IMMOhALEE. FL 34142 Issued: June 13, 2017 Expires: June 30, 2021 Signawrc �4�t'� ADAM H. PUTNAM, COAIMISSIONER The Wve ,d4 .J++I • I ttn.nl w.�u he �xn unx a ^uSxn+Mi. t S n purtluix e,d e�ly re.�ncud we Florida Department ofAgnculture and Consumer Services License Categories 1A1 Ag Row Crop I A2 Ag Tree Crop IB Ag Animal IC Private Applicator Ag I D Soil and Greenhouse Fum I E Raw Ag Commodity Fum 2 Forest Pest Control 3 Ornamental and Turf 4 Seed Treatment 5A Aquatic Pest Control 5B Organotin Paint 6 Right of Way 7A Wood Treatment 713 Chlorine Gas Infusion 7C Sewer Root Control 9 Regulatory Pest Control 10 Demonstration and Research 11 Aerial Application 20 Regulatory Insp. and Samp 21 Natural Areas Weed Mgmt For information, call (850) 617-7870 jFtortba Mrparnncat of Agntulturr anb ffon5umcr 6rrbirr5 Pesticide Certirication Office Commercial Applicator License License M CN121242 IIARPIN. JF.HFMYJAMES Categories ln'n J7I'I I Avl? hF. 5A, 21 NAPL. S. R. 141 20 Issued: Septen er 1 2015 Expires: August 31, 2019 Ir tiign nl en5ec ADAM PUTNAM. COMMISSIUNFR IIre ivuhid i.Il.cn..•d nndn Ilw1-11-1n(Chq—�47 I.5 end uryly,au,arN a.a �vMul. Collier C074"ty Administrative Services Department Procurement Services Division Reference Questionnaire Solicitation: 18-7459 Exotic Vegetation Removal Reference Questionnaire for: Peninsula Improvement Comoration dba Collier Environmental Services (Name of Company Requesting Reference Information) Will Elliott (Name of Individuals Requesting Reference Information) Name: Tony Fiore Company: Collier Enterprises (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: (239) 263-4437 434-4031 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." (Please note, references from Collier County staff will not be accepted.) Exotic Vegetation Treatments Project Description: in eastern Collier County Completion Date: 2018 Project Budget: $23,000 Project Number of Days: 14 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. T 4 Quality of consultative advice provided on the project. / O 5 Professionalism and ability to manage personnel. zo 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) l0 7 Ability to verbally communicate and document information clearly and succinctly. O 8 Abiltity to manage risks and unexpected project circumstances. O 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS O Collier County Administrative Services Department Procurement Services Division Reference Questionnaire Solicitation: 18-7459 Exotic Vegetation Removal Reference Questionnaire for: Peninsula Improvement Corporation dba Collier Environmental Services (Name of Company Requesting Reference Information) Will Elliott (Name of Individuals Requesting Reference Information) Name:Rafael Silva Company:Grey Oaks Country Club (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: rsi FAX: (239) 262-3593 262-0520 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." (Please note, references from Collier County staff will not be accepted.) Wetland Preserve Maintenance at Estuary Project Description: and Grey Oaks Country Club Completion Date: 2018 Project Budget: $223,000 Project Number of Days: 128 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 9 2 Ability to maintain project schedule (complete on-time or early). 9 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 9 5 Professionalism and ability to manage personnel. 9 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 9 7 Ability to verbally communicate and document information clearly and succinctly. 9 8 Abiltity to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 9 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 91 Cc��aer C�crr���y Ad,A%t..Urt SeP**E U )3dTr_-tT. Reference Questionnaire Solicitation: 18-7459 Exotic Vegetation Removal' Reference Questionnaire for: Peninsula Improvement Corporation dba Collier Environmental Services 111.11 I?Iliett (Name of Individuals Requesting Reference Information) Name:Darren Davis Company:Old Florida Golf Club (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: darrenidavisna,aol.com FAX: (888) 372-1490 Telephone: (239)353-4441 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." (Please note, references from Collier County staff will not be accepted.) Native Preserve Maintenance Project Description: at Old Florida Golf Club Completion Date: Project Budget: $216,000 Project Number of Days: 54 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. Quality of consultative advice provided on the project. Professionalism and ability to manage personnel. Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 4 10 5 10 6 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 Abiltity to manage risks and unexpected project circumstances. Ability to follow contract documents, policies, procedures, rules, regulations, etc. 1 10 10 Overall comfort level with hiring the company in the future (customer 10 satisfaction). TOTAL SCORE OF ALL ITEMS 1 100 COL wr county Administrative Services Department Procurement Services Division Reference Questionnaire Solicitation: 18-7459 Exotic Vegetation Removal Reference Questionnaire for: Peninsula Improvement Corporation dba Collier En (Name of Company Requesting Reference Information) Will Elliott (Name of Individuals Requesting Reference Information) Name:Tony McHugh (Evaluator completing reference questionnaire) Email: in FAX: Company:Resort Management Group, Inc. (Evaluator's Company completing reference) Telephone:(239)596-9634 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." (Please note, references from Collier County staff will not be accepted.) Wetland Preserve Maintenance Project Description: at Autumn Woods Completion Date: 2018 Project Budget: $7,000 Project Number of Days: 8 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 EVALUATION CRITERIA NO. 4: EMPLOYEE EXPERIENCE (40 Total Points) Resumes: William Elliott Concepcion Escobedo Jeremy Hardin Bruce Layman Certifications: William Elliott —Certificate in Natural Areas Management Certificate of Training Best Management Practices Bruce Layman —The Ecological Society of America — Ecologist Society of Wetland Scientists — Professional Wetland Scientist Stormwater Management - Inspector William Elliott, General Manager COLLIER ENVIRONMENTAL SERVICES 2600 Golden Gate Parkway Naples, Florida 34105 239-262-2600 EDUCATION PROFILE Bachelor of Science, Soil Science Mr. Elliott has been General Manager of Collier Environmental Cal Poly State University 1981 Services since 2006 and is responsible for all facets of the day to day operations of the company. The company has successfully CERTIFICATIONS completed many projects throughout south Florida dealing with exotic and nuisance vegetation removal, control, and maintenance, Certified Natural Areas Manager habitat restoration, and aquatic management. Prior to his work at University of Florida and The Nature Collier Environmental Services, he has of 20 years management Conservancy 2007 experience in agriculture production. Florida Dept. of Agriculture AREAS OF EXPERTISE Comm. Pesticide Applicator Lic. #CM18047 Natural Areas, Aquatic, Right of Way 2006, Mr. Elliott has over 20 years of experience in managing 2008, 2013 environmental and agricultural services for Barron Collier Companies. His areas of expertise include: Florida Dept. of Agriculture Priv. Pesticide Applicator Lic. #PV30942 Project management Aquatic management - Natural areas management - Permit compliance Certified Landscaping Contractor Exotic and nuisance control - Water quality management Collier, Lee, Hendry Counties, City of Naples SELECTED PROJECT EXPERIENCE Leadership Collier Class of 2009 Graduate • Ave Maria University and Town Mitigation AFFILIATIONS o SSA -6 Flow -way Restoration, Collier county, Florida Project manager of 556 acre hand and mechanical exotic and Greater Naples Chamber of Commerce nuisance vegetation eradication and removal. Sheet flow was Florida Exotic Pest Plant Council enhanced through the removal of an existing farm berm and Florida Aquatic Plant Manager Society installation of 8 culvert pipes. A maintenance contract is in place. COMMUNITY ACTIVITIES o Wetland Basin Preserve Restoration, Ave Maria, Florida Project manager for 154 acres of wetland restoration within five Take Stock in Children Mentor preserves. Exotic and nuisance vegetation eradication and Immokalee High School removal by hand and mechanical means, herbicide application, planting plan development, native species planting, and EXPERIENCE maintenance contract. o Ave Maria Lakes, Collier County, Florida General Manager Responsible for coordinating and scheduling all maintenance Collier Environmental Services activities of 137 acres of Ave Maria District lakes and Master 2006 — Present Association lakes of three communities. • Grey Oaks Country Club, Naples, Florida — project manager for General Manager maintenance of 159 acres of lakes and 10 acres of wetland preserves. Coe -Collier Citrus Harvesting Work is done on a weekly basis. 2000-2006 • Estuary Country Club, Naples, Florida —project manager for maintenance of 43 acres of lakes and 48 acres of upland and wetland Manager preserves. Silver Strand 111, Silver Strand South 1989-2000 • FDOT District One Mitigation Maintenance — project manager for maintenance of mitigation and storm water sites in FDOT District One. Maintenance herbicide sprays, exotic and nuisance removal, native planting, mowing, and litter removal are some of the required tasks. Concepcion Escobedo, Field Supervisor COLLIER ENVIRONMENTAL SERVICES 2600 Golden Gate Parkway Naples, Florida 34105 239-262-2600 PROFILE CERTIFICATIONS WPS Train the Trainer Mr. Escobedo has been Field Foremen of Collier Environmental FL Department of Ag Services since 2006 and is responsible for the day to day scheduling and supervision of all environmental crew operations. 2003 The company has successfully completed many projects Florida Dept. of Agriculture throughout southwest Florida dealing with exotic and nuisance Comm. Pesticide Applicator Lic. #CM22405 vegetation removal, control, and maintenance, and wetland restoration. Prior to his work at Collier Environmental Services, he has over 10 years Foreman experience in citrus production and harvesting. AREAS OF EXPERTISE Mr. Escobedo has over 14 years of experience in scheduling and supervising crews in environmental and agricultural services for Barron Collier Companies. His areas of expertise include: Exotic and nuisance identification Spray crew scheduling - Exotic and nuisance control - Safety training Spray crew supervision SELECTED PROJECT EXPERIENCE • Ave Maria University and Town Mitigation o SSA -6 Flow -way Restoration, Collier County, Florida Field foreman for a 556 acre hand and mechanical exotic and nuisance vegetation eradication and removal. Exotic and nuisance vegetation was removed from 100' around the project EXPERIENCE perimeter and "KIP" was applied internally. A maintenance Field Supervisor contract is in place. Collier Environmental Services o Wetland Basin Preserve Restoration, Ave Maria, Florida 2006 — Present Field foreman for 154 acres of wetland restoration project. Exotic and nuisance vegetation eradication and removal by hand and mechanical means. All areas were then planted to native Harvesting Foreman species. Coe -Collier Citrus Harvesting 2000-2006 . Winding Cypress Mitigation — field supervision of 589 acre hand exotic and nuisance vegetation eradication. Cut stump and "KIP" Harvesting Foreman techniques employed. Maintenance herbicide applications to 818 Barron Collier Partnership acres. 1999-2000 • Estuary Country Club, Naples, Florida — field supervision for maintenance of 48 acres of upland and wetland preserves. • FDOT District One Mitigation Maintenance — crew foreman for maintenance of mitigation and storm water sites in FDOT District One. Maintenance herbicide sprays, exotic and nuisance removal, native planting, mowing, and litter removal are some of the required tasks. EDUCATION University of South Florida 2006 — 2007 Palmetto Ridge High School 2006 CERTIFICATIONS Florida Dept. of Agriculture Comm. Pesticide Applicator Lic. #CM21242 EXPERIENCE Foreman Collier Environmental Services 2012 — Present Aquatic Technician Collier Environmental Services 2009-2011 Crewmember Surety Construction 2008-2009 Commercial Electric JDC Electric 2007-2008 Jeremy Hardin, Aquatic Foreman COLLIER ENVIRONMENTAL SERVICES 2600 Golden Gate Parkway Naples, Florida 34105 239-262-2600 PROFILE Mr. Hardin has been with Collier Environmental Services since 2009 and works on both wetland and aquatic maintenance projects. The company has many communities containing both wetland and aquatic maintenance needs under contract throughout Collier County. Mr. Hardin is an essential contributor to the successful management of our operations. AREAS OF EXPERTISE Mr. Hardin has 9 years of experience. His areas of expertise include: Exotic and nuisance identification - Spray crew scheduling - Exotic and nuisance control - Safety training Spray crew supervision SELECTED PROJECT EXPERIENCE • Ave Maria University and Town o Aquatic Maintenance, Ave Maria, Floida Aquatic technician for 137 acres of lakes in the town of Ave Maria. Exotic and nuisance vegetation control around lake perimeters and aquatic weed control within the water bodies. o Wetland Basin Preserve Restoration, Ave Maria, Florida Crew member for 154 acres of wetland maintenance. Exotic and nuisance vegetation control. • Estuary Country Club, Naples, Florida — field foreman for maintenance activities of 42 acres of lakes and wetland preserves. Provides input and spay mixes for all ongoing maintenance activities. • Grey Oaks Country Club, Naples, Florida — field foreman for maintenance activities for 152 acres of lakes and wetland preserves. Schedules, applies, and supervise all aquatic activities within the country club and supervises wetland activities as well. Bruce C. Layman, Ecologist COLLIER ENVIRONMENTAL SERVICES 2600 Golden Gate Parkway Naples, Florida 34105 239-262-2600 EDUCATION PROFILE Bachelor of Science, Zoology, Michigan Mr. Layman served as a consulting ecologist while with Stantec State University, East Lansing, Michigan Consulting Services for over 23 years. The most recent 10 years 1988 were focused on supporting FDOT District One environmental permitting. Also during that period, Mr. Layman was under Master of Arts, Marine Science, College of contract to monitor preserves associated with the University and William and Mary, School of Marine Town of Ave Maria that were maintained and managed by Collier Sciences, Williamsburg, Virginia Environmental Services (CES). As a result, Mr. Layman and CES 1992 worked closely together to assure that the preserves remained compliant with state and federal permit requirements. In June CERTIFICATIONS 2015, Mr. Layman became directly employed by CES and he continues the preserve monitoring role as an in-house resource. Certified Ecologist (CE), Ecological Society of America AREAS OF EXPERTISE Professional Wetland Scientist (PWS), Mr. Layman has extensive experience in supporting and/or Society of Wetland Scientists managing local, state, and federal environmental permitting Certification Program projects in Southwest Florida. His areas of expertise include: Authorized Gopher Tortoise Agent, Exotic Vegetation Mapping FLUCCS Mapping #GTA -12-00034, Florida Fish and Wildlife - Preserve Monitoring Wetland Delineation Conservation Commission - Listed Species Surveys Permit Application and Support EXPERIENCE SELECTED PROJECT EXPERIENCE Ecologist • Ave Maria University and Town Mitigation Design & Collier Environmental Services Monitoring (Lead Ecologist) * under Stantec employment 2015 — Present Responsible for designing two on-site preserve areas, totaling 73 acres, including grading plans to create open water, Senior Ecologist emergent marsh, hydric forest, and forested upland habitats. Stantec Consulting Services Supported state and federal wetland permitting and 1992-2015 conducted four years of annual monitoring of 154 acres of on- site wetland preserves. • Ave Maria Cara Cara Mitigation Monitoring (Ecologist) * under both Stantec and CES employment Responsible for vegetation monitoring of 514 -acre cara cara preserve to maintain habitat per federal permit requirements. • Panther Passage Conservation Bank, Hendry County, Florida (Ecologist) * under Stantec employment Responsible for habitat and exotic vegetation mapping, and annual vegetation monitoring, per U.S. Fish and Wildlife Service criteria for a 4,009 -acre private panther conservation bank in Hendry County. • Florida Department of Transportation (FDOT) District One Districtwide Environmental Permit Design Support Consultant (Project Manager/Ecologist/Permitter) * under Stantec employment Responsible for supporting District One Permits Department in jurisdictional determination, permit preparation and submittal, data collection, drainage design and/or evaluation, computations, field surveys, development and design of wildlife crossings, mitigation design and monitoring, post - design activities and plans preparation. � Y WIN �{I•� I c ii '1�lia. .�°. •' - -'. ti'itF'-,•it5 �'.7 t lciti`�S+y',�•• �s �C4i:�irj g E 5S.�'1•�r� k ' �q g 1 � I _ 1 ` 1!9' �r �i fit�I�..r• _..TA �' 4 }.1 , V ?art¢ m, ZI f� i • s:' ne � � �i yh.. 'F •t I. � .)L' r q •.1"* IfVyC,�'1'�+�� 1 PAD UP FAR, PAD X - • s t' MW Department of ;;s; UNIVERSITY of Environmental Protection FLORIDA 2600 Blair Stone �Road M.S. 3570 � IFAS Extension � -,. _' . Tallahassee, Florida 32399-2400 Congratulations on successfully completing the Florida Green Industries Best Management Practices Training Program. We greatly appreciate your participation in and successful completion of this course. We hope that it has helped you to better understand Florida's nonpoint source pollution problems and the importance of proper design, construction, irrigation, fertilization, pest control, and maintenance of lawns and landscapes, in order to assure minimal adverse environmental effects while achieving customer expectations. Attached you will find your numbered certificate and wallet card. If there are any errors in the certificate or card, or if we can be of further assistance, please contact the GI -BMP Office of the Florida -Friendly Landscapine" Program at (352) 392-1831 ext 243, email: gi.bmp@ifas.ufl.edu. Visit us on the web at http://fyn.ifas.ufl.edu/ffl_state_Office.htm. William Elliott 11759 Quail Village Way Naples, FL 34119 State of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION William Elliott GV8634-1 C 8634 Cerriflwce # Trainee ID # GREEN INDUSTRIES BEST MANAGEMENT PRACTICES TRAINING PROGRAM UNIVERSITY of `�� UFIFLORIDA i1'FFORi ..'� � � Certificate of T>ralll�ill�.g IFAS Ext"witin :..� GV8634-1 Best Management Practices Certificate # Florida Green Industr'.i.es GV8634 Trainee ID # The undersigned hereby acknowledges that Wi loam Mott has successUly met all requirements necessary to be fully, trained through the Green Industries Best Management Practices Program developed by the Florida Department of Environmental Protection with the University of Florida Institute of Food and Agricultural Sciences, Donald P. Rainey S. Brown 2/10/2010 ��- Issuer Instructor Date of Class DEP Program Administrator Not valid without seal a U H � G O V d] � ti sm 3.; b'� N N C O 0 N O a Ki rim 4 11CW" Department of 00 *1 NEnvironmental Protection FLOR A 2600 Blair Stone Road, M.S. 3510 Tallahassee, Florida 32399-2400 September 3, 2015 Congratulations on successfully completing the Florida Stormwater Erosion and Sedimentation Control Inspector Training Program. I greatly appreciate your participation in and successful completion of this course. I hope that it has helped you to better understand Florida's stormwater problems and the importance of proper design, construction, and maintenance of erosion and sediment controls during construction, in order to assure the proper long-term operation and maintenance of stormwater systems after construction is completed. Attached you Nvill find your numbered certificate and wallet card. Please let me know if there are any errors in the certificate or card, or in the grading of your exam. If I can be of further assistance, please do not hesitate to contact me at 850/245 8294 or via email: halton.lunsford@dep.state.fl.us. Bruce Layman Collier Environmental Services 2600 Golden Gate Parkway Naples, FL 34105 QUALIFIED DEPARTMENT OF ENVIRONMENTAL PROTECTION STORMWATER EROSION AND SEDIMENTATION CONTROL INSPECTOR TRAINING PROGRAM Bruce Layman Class Date Inspector Nrunber August 6, 2015 33400 QUALIFIED STORMWATER MANAGEMENT INSPECTOR STORMWATER MANAGEMENT INSPECTOR The undersigned hereby acknowledges that Bruce Layman has successfully met all requirements necessary to be fully qualified through the Florida Department of Environmental Protection Stormwater Erosion and Sedimentation Control Inspector Training Program Augitst 6, 2015 Inspector Number 33400 Hal Lunsfor Beth Vi EVALUATION CRITERIA NO. 5: LOCAL VENDOR PREFERENCE (10 Total Points) Current Business Tax Receipts: Collier County #892192 Lee County #1002075 City of Naples #3396 Hendry County #471458 COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 892192 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 VISIT OUR WEBSITE AT: www.colliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2019 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. ZLOCATION ONED: CITY 00 GOLDEN GATE PARKWAY Soft JA FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS BUSINESS PHNEGOAL FR%-116 STATE OR COONTY B 58-C # 35398 10T Corpor t,O PENINSULA IMPROVEMENT CORPORATION COLLIER ENVIRONMENTAL SERVICES +T'� ,ELLIOTT, WILLIAM �J t 1600 GOLDEN GATE PARKWAY NAPLES, FL 34105 1-10 EMPLOYEES NO FERTILIZING'' CLASSIFICATION- LANDSCAPING RESTRICTEWCO �TO f -THIS TAX IS NON-REFUNDABLE- CLASSIFICATION CODE: 02102601 T 40DATE 07/06/2018 ��..afr AMOUNT 36.00 This document is a business tax only. This is not certification that lic� ifie�taVA6 RECEIPT 502-19-00008229 It does not permit the licensee to violate any existing regulatory zoning la+us�� z�i "co1 � nor does it exempt the licensee from any other taxes or permits that maybe regwre 2018-2019 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1002075 Account Expires: September 30, 2019 Location: 2600 GOLDEN GATE PKWY NAPLES FL 34105 COLLIER ENVIRONMENTAL SERVICES ELLIOTT WILLIAM B 2600 GOLDEN GATE PKWY NAPLES FL 34105 ness PROFESSIONAL LANDSCAPING COMPANY The business and qualifier on this Business Tax Receipt is 'REGISTERED" in compliance with ordinance 08-08. THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Payment Information: PAID 488290-11-1 08/06/2018 01:00 PM $50.00 ITY OF NAPLES LOCAL BUSINESS TAX RECEIPT 7.017-2018 Expiration Date: September 30, 2018 THIS RECEIPT MUST BE EXHIBITED CONSPICUOUSLY AT THE ESTABLISHMENT OR PLACE OF BUSINESS. IT WILL BECOME NULL AND VOID IF THE BUSINESS CLASSIFICATION, OWNERSHIP OR ADDRESS IS CHANGED UNLESS THE BUSINESS APPLIES TO THE CUSTOMER SERVICE DIVISION FOR CORRECTION. THE FOLLOWING BUSINESS HAS PAID THE REQUIRED BUSINESS TAX Business Name: COLLIER ENVIRONMENTAL Business ID#: 3396 SERVICES Location: Address: 2600 GOLDEN GATE PARKWAY Reference #: 3694 Classification: LAWN AND SHRUBBERY MAINTENANCE r{' ` ' 1L Issue Date: July 27, 2017 rr'r OF1�AP12S,FlgRmrt r•,, License Fee: $ 57,89 .� gFY Penalty: $ 0.00 Total Paid: Restriction(s): $ 57.89 s _ Z PENINSULA IMPROVEMENT CORPORATION 2600 GOLDEN GATE PKWY NAPLES, FL 34105 Comment(s): T1 -1E GU" G��M1�pt,rc S�Qeea�ak. THE CITY OF NAPLES CODE OF ORDINANCES, CHAPTER 34 ARTICLE III AND STATE OF FLORIDA STATUTES 205 ♦ Local Business Tax Receipt required and must be displayed. ♦ Applicable to only the location address above for the business. ♦ Any receipt obtained under this article, upon a misrepresentation of a material fact shall be deemed null and void, and the business who has thereafter engaged in any business under such receipt shall be subject to prosecution for doing business without a local business tax receipt, to the same effect and degree as though no such receipt had ever been issued. ♦ All changes require a new application and a fee of 10% of the business tax (minimum of $3 and maximum of $25). City of Naples Finance Department 1 735 8w Street South j Naples, Florida 34102 239-213.1800 www.napiesaov.com email: custsrv@naplesgov.com 14 2017-18 HENDRY COUNTY BUSINESS TAX RECEIPT Issued by: Patrick B. Langford, HENDRY COUNTY TAX COLLECTOR RECEIPTNUMBER: RECEIPT EXPIRES 09/30/2018 2006258472616 MACHINES ROOMS SEATS EMPLOYEES 11 BUSINESS TYPE: 471458 LANDSCAPING SUPPLEMMj'A4 LnIT[!i anu SjI Tb' COLLI IF�FNVITRONMENTAL SERVICES X RENEWAL •�'��' I � � NEW RECEIPT 4f -00i -fOwl � 8.00 ' COLLIER ENVIRONMENTAL SERVICES _ if,'/ 101.70 PENINSULA IMPROVEMENT CORPORATION TRANSFER >e r JAR 2600 GOLDEN GATE PARKWAY fill 12A NAPLES, FL 34105 Paid 43A PENALTY 0.00 TOTAL 40.00 LOCATION 2600 GOLDEN GATE PARKWAY ADDRESS NAPLES, FL 34105 X 0000004000 0000004000 0000000000003606 1001 8 SIGN I EWFARTATTWM LICAT )N FOR RECEPTO MANE FOR THE BUMMM ON FROFEUIDN INDICATED NEREONANO O TRUEAMD CORRECT THE APPLICATION ULM COAPLTMRTN ETATEANO LOCK ORONVM WCLUDNO ZONNO. MULTI -CONTRACTOR AWARD AGREEMENT # 18-7459 for EXOTIC VEGETATION REMOVAL THIS AGREEMENT, made and entered into on this day of 20_, by and between Peninsula Improvement Corporation d/b/a Collier Environmental Services , authorized to do business in the State of Florida, whose business address is 2600 Golden Gate Pkwy, Naples, Florida 34105 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing Al upon the date of Board approval ❑ , and terminating three (3 ) year(s) from that date or until all outstanding I Purchase Order(s) ❑ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order FINE446e te PFGGeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ N Other Request for Qualification (RFQ ) # 18-7459 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 OQ U 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ❑■ The procedure for obtaining Work under this Agreement is outlined in FE1 Other Exhibit/Attachment: Work Assignment Procedure - 3.4 0 The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM ❑t The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ �Ll-be based-en-E-xkii-bat- Fe e- Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". F-1 The Ge­ty shall. V_Y ir-f A ($ - ---�- lil SeGt+GR-4.1. ❑q6lGtGd PFiGeG shall be based GR Exhi-hit _R- Fee sGhedule. St �, . BthE rwise 1—w- as the GA_yernmeRt Drnmpt Daum + 4 tL 4.1 Price Methodology (as selected below): 0 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ Time_arsd4ftte_Kals --.The County ag times hawly Fate), and fE)F FnateFials and equipment us n the pFE)jeGt (GGSt ef rnateFials plus tl4e aGGHFately estimate the size ef the pFejeGt, 9F when it 1 6 +k^4- + 8Gt requirements FA --4- M-1— -k^— — — A a geneFal bu6iinelss pFaGtiee, these inGlude baek Page 2 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 O 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. . . ■ .. ... .-. I_ _ .. ... AT MAIAW-IXW-��A�l -KM Et *e: 7- w-- Wme . I W i i i i i - We 110— -1, lr� _-1. 111 - I I I I - M M M f: "', 1: M'.! 21: a — ------ IM ------- — ----- .. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 9 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Peninsula Improvement Corporation Company Name: d/b/a Collier Environmental Services Address: 2600 Golden Gate Pkwy Naples. Florida 34105 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): David B. Genson, Vice President 239-262-2600 Dgenson@barroncollier.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Division Address: 15000 Livingston Road Naples. Florida 34109 Administrative Agent/PM: Melissa Hennig, Senior Environmental Specialist Telephone: 239-252-2957 E-Mail(s): Melissa.Hennig@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 E or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑E Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ❑ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. 0- ❑ Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page 5 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), * Exhibit A Scope of Services, ❑ Exhibit R Fee Sehedule; ❑ R€R/ ❑ tom/❑ Other Request for Qualifications # 18-7459 including Exhibits, Attachments and Addenda/Addendum, 0 subsequent quotes and corresponding contract documents, ❑E Exhibit C-1 Public Payment Bond, R Exhibit C-2 Public Performance Bond, ❑■ Exhibit D - Release and Affidavit Form, W Exhibit E — Form of Contract Application for Payment, ❑■ Exhibit F - Change Order, 0 Exhibit G - Certificate of Substantial Completion, 0 Exhibit H - Certificate of Final Completion, X Exhibit I - Warranty, and Other Exhibit/Attachment: Work Assianment Procedures 17. APPLICABILITY. Sections corresponding to any checked box (E) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F. S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. ❑t BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 G 23. ■0 LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. ❑■ PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 'O �O unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. ❑■ CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. ❑■ CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29.❑ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. [■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32.❑ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. ❑M COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 35. ❑1 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 O C� O ■❑ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. ❑■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 .. -. - - - ■- - - - - 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. Q SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller By: Dated: (SEAL) Contractor's Witnesses: Contractor's First Witnes S �b nw C. V6111A TType/print witness name G<A��'�� Contractor's Seb/ond Witness TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Andy Solis, Esq , Chairman Peninsula Improvement Corporation d/b/a Collier Environmental Services Contractor r 6 CW -1)i4 signature and title Page 16 of 33 Multi -Contractor Award Agreement 2017.006 1 Cr O Exhibit A Scope of Services ❑■ following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 11�9/ 18 -7459 -Exotic Vegetation Removal EXHIBIT A SCOPE OF SERVICES Services for the removal of exotic and other nuisance vegetation by manual and mechanical methods including chemical and/or physical removal. Trees, bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc. and/or treated with chemicals, or removed by other methods depending on the requirements of the particular project and as directed by the County department. Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State law, and the named awardee(s) must provide and maintain all applicable licenses during the duration of the resultant contract. Species to be removed during the duration of this contract include, but are not limited to: • Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC) invasive species list. • Any other undesirable species as directed by the project manager. Additionally, the Contractor(s) must: 1. Provide professional assistance determining the most effective methodology to remove exotic vegetation. 2. Not dispose of debris into waterways. 3. Provide per acre pricing quotes on each project as requested by the project manager. The County may seek price quotes from one, or all, Contractors on the contract (as described in the Work Assignment Procedure). Quotes must include description of the project, location, description of the service to be provided and cost per acre. Contractor's quotes must be detailed as described by the Project Manager and Contractors' invoices must match quotes. 4. Coordinate with other selected Contractor (s) to complete the job as directed by the project manager. 5. Provide the service so as not to damage or destroy native vegetation within the area of exotic treatment. Due caution must be given to the surrounding habitat. 6. Minimize disturbance to surface area. Replace damaged native vegetation according to County Code. 7. Provide equipment in good repair necessary to perform the described services in particular and the equipment necessary to complete related tasks. If additional equipment (i.e. crane, bucket truck, ditch witch, etc.) is needed, the County must be notified in advance, for final approval. The reimbursement of rental equipment expense shall be at cost, commencing when it arrives at the service site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. 8. Ensure that all equipment (i.e. owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference, prior to entering the project site to commence work. Collier County staff reserve the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. 9. Document pre -project existing conditions of project site and adjacent private property by photographs, video or other means at each work site, prior to commencement of any work, upon County's request. 10. Restore any damages caused by the completion of this project to the documented pre -project condition. Should a damage dispute arise, and the Contractor subsequently disputes the claim, it is the Contractor's responsibility to provide pre -project existing condition documentation. 11. Provide the Project Manager with a written list of all herbicides, adjuvant, and diluents and their mixing ratios. 12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within the right-of-way and/or easements. All operations shall be in accordance with a Collier County's Maintenance of Traffic Policy, #5807, Revised January 1, 2005, copies of which are available at: http://purchasing.colliergov.net/Vendors/Shared%20Documents/Maintenance%20of%2OTraffic%20( Page 1 of 2 9 MOT).pdf. A Maintenance of Traffic Plan shall be approved in writing by the Department prior to the start of the project. Any equipment left in the right-of-way overnight shall be parked outside of the clear zone and as close as possible to the right-of-way line. No equipment shall be parked in the median regardless of the width of the median. 13. Inform the County Project Manager of work location and proposed schedule. 14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and unsightly vegetation materials on a daily basis. Daily clean-up operation must include removal and proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval of project manager, to be determined in advance. Ruts made in the soil must be removed by the Contractor. 15. Provide for a maximum of two (2) months, or less if directed by the Project Manager, mortality evaluation period from the substantial completion date noted in any order provided by the department to the Contractor. The Contractor shall demonstrate to the County that all exotic vegetation on site has been exterminated to the complete satisfaction of the department. Any re-growth of stumps or plants that were not eradicated shall be properly re-treated by the Contractor at no additional expense to the department. Following this secondary re-treatment, there shall be a one (1) month, or less if directed by the Project Manager, mortality re-evaluation period to determine effectiveness of re- treatment. 16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day and include the last day of such a period. If the last day of any such period falls on a Saturday or Sunday, or any County observed holiday, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the County department Project Manager. 18. Park vehicles and equipment in areas designated only by the County department and with prior permission of the Project Manager. Page 2 of 2 Exhibit B Fee Schedule ❑ following this page (pages through ) FN� this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, and to representatives, (Business Address) as Oblige in the sum of _) for the payment whereof we bind ourselves, our successors and assigns, jointly and severally. Bond No. Contract No. as as Surety, located at are held and firmly bound heirs, executors, personal WHEREAS, Principal has entered into a contract dated as of the _day of , 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Uda Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) Na Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this of . as of to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) 20 , by_ Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 OVA ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of ,20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : Witnesses as to Principal STATE OF _ COUNTY OF ► By: _ Name: Its: The foregoing instrument was acknowledged before me this 20 by , as day of of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by_ , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF (_ ) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Sea]] The foregoing instrument was acknowledged before me this day of , 20 , by as corporation, on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) of a _ He/she is personally known to me or as identification and did (did not) take an oath. (Signature of Notary) NAM E: (Legibly Printed) Notary Public, State of Commissioner No.: Page 25 of 33 has produced Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ __% after [insert date] $ Percent Work completed to Date: % Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page 26 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract M I Change M = Purchase Order #: I = Project M Contractor/Firm Name: Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total 1 $ 0.001 #DIV/01 Change from Current BCC Approved Amount Cumulative Changes 1 $ 0.001 #DIV/0! Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed pleti Last Approved (� Revised Date Date Comomletion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Approved by: (Design Professional and Name of Firm, if project applicable) (Procurement Professional Page 27 of 33 Date: Date: Multi -Contractor Award Agreement 2017.006 Ver.1 ■ ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: OWNER E Nos The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: RO ► CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER 6 The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 � t Executed by Design Professional on M Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 IA CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER Type Name and Title Page 31 of 33 20 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.I Other Exhibit/Attachment Description: Work Assignment Procedures ❑■ following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017.006 Ver.I 18-7459- EXOTIC VEGETATION REMOVAL WORK ASSIGNMENT PROCEDURE The County reserves the right to select one or more Contractors(s) in the following manner: • For work less than $25,000: the County shall select one of the Contractors or quote out the work among all the Contractors. • For work greater than $25,000 and less than $200,000: the County shall quote out the work among all the Contractors or conduct a separate new solicitation. • For work that may exceed $200,000: the County shall quote out work among all the Contractors and obtain approval from the Board of County commissioners or conduct a separate new solicitation. The following Articles of the Agreement shall only be applicable for Projects over $200,000 Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 34. Completion SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 11/30/2018 Arthur J.Gallagher Risk Management Services,Inc. PO Box 532143 Atlanta GA 30353 Kristin Neiert 239-262-7171 239-262-5360 kristin_neiert@ajg.com FCCI Insurance Company 10178 BARRCOL-03 American Guarantee and Liability Ins Co 26247PeninsulaImprovementCorporation dba Collier Environmental Services 2600 Golden Gate Parkway Naples FL 34105 467692879 A X 1,000,000 X 100,000 10,000 1,000,000 2,000,000 X Y FPP0000106 16 8/1/2018 8/2/2019 2,000,000 A 1,000,000 X X X CA100004248-02 8/1/2018 8/1/2019 B X X 25,000,000AUC2975184168/1/2018 8/1/2019 25,000,000 X 0 A X N 001-WC18A-49046 1/1/2018 1/1/2019 500,000 500,000 500,000 For any and all work performed on behalf of Collier County Board of County Commissioners are included as an Additional Snsured with regards to General Liability and Automobile Liability on a Primary and Non-Contributory basis as required by written contract. Collier County Board of County Commissioners - Procurement Services 3295 East Tamiami Trail Naples FL 34112 16.D.7.u Packet Pg. 1474 Attachment: 18-7459 PeninsulaImprovement_Insurance_12-11-18 (7558 : Award RFQ 18-7459 for Exotic Vegetation Removal)