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#23-8077 (DeAngelo Contracting Services, LLC) FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 23-8077 for "AQUATIC VEGETATION MAINTENANCE" THIS AGREEMENT, made and entered into on this Z9' day of A-p t: I 20 23 , by and between DEANGELO CONTRACTING SERVICES LLC authorized to do business in the State of Florida, whose business address is 100 N. Conahan Drive, Hazleton, PA 18201 _, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing to upon the date of Board approval; or eh and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request for Proposal (RFP) ❑■ Invitation to Bid (ITB) Other ( )# 23-8077 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. I■U The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 I■I The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3,3 n n Other Exhibit/Attachment: 374 • ted -4-- , 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): tal price offering ; satisfaction of the County's project manager before payment for the fixed price contract is authorized. n Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 r�� 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4,5 n : Travel and Reimbursements shall be at the following rates: Wedge $0.44.5 per mile lfreelst $6700 hunch $11.00 Dinnef $4-9,00 Awe class fare Rental-ear Actual rental cost limited to compact or ed • • Taxi or Airport Limousine • • • • undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 r �0 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: DEANGELO CONTRACTING SERVICES LLC Address: 14250 Jetport Loop W Fort Myers, FL 33913 Authorized Agent: Jarrod DeAngelo, President Attention Name & Title: Eve Doston, Administrative Assistant Telephone: (570) 580-9100 / (239) 286-7377 E-Mail(s): edoston@deangeloconstractingservices.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Trinity Scott, Department Head Division Name: Road Maintenance Address: 4800 Davis Blvd. Naples, FL 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone: (239) 252-5591 E-Mail(s): Melissa.Pearson@CollierCountyFL.Gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 r�0 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. (I Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 l: ❑ against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. F. 0 Pollution Liability : Coverage shall have minimum limits of$ 1,000,000 per claim. n 4-Coverage shall have minimum limits of$ per claim. H- Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 rtN'� Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/ MI ITB/I I Other #23-8077 , including Exhibits, Attachments and Addenda/Addendum, n ettbeequent quotes, and ❑ Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequesttz?colliercountyfl.qov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. n WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. ❑■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. ❑■ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 r �� O V B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 rQ'0 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ri this project shall be knowledgeable in their areas of expertise. The County reserves the • personnel. n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n • ounty's Board appfeved precedence over the Agreement. To the extent any conflict in the terms of the Contract , . 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the Page 12 or 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. ■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk..6fthe Circuit COLLIER COUNTY, FLORIDA Court and Comptroller c t By: _ By: .4:I Rick LoCastro , Chairman Dated: •iil .y (SEA j' ' ` . -st a to • a rrnan's L. signature 'lily Contractor's Witnesses: DEANGELO CONTRACTING SERVICES LLC Contractor DBA By: Co ractor's First Witness ignature Gar171-- rOct bpfR in 4177)64 TType/print signature acid titleT TTye/ rint witness name Contr or's S nd Wit ess 1T04/print witness name Ap '2e ras orm and Legality: °,1j(t� County Attorney 1 .1 crh4sa Print Name Page 14 of 17 '!, Fixed Term Service Multi-Contractor Agreement 2022_Vcr.3 ,/►G� 0 Gt" Exhibit A Scope of Services ❑■ following this page (pages 1 through 8 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 Invitation to Bid (ITB) "AQUATIC VEGETATION MAINTENANCE" EXHIBIT A SCOPE OF SERVICES The services provided throughout this Agreement shall be awarded on a Primary/Secondary basis for Work Areas 1-3 and Other Work Areas as follows: Primary Contractor: DeAngelo Contracting Services LLC Secondary Contractor: Superior Landscaping&Lawn Service Inc. BACKGROUND The Road Maintenance Division utilizes contractual services in managing various types of aquatic vegetation in canals, ditches, lakes, ponds, and along shorelines throughout Collier County. The Division previously issued chemicals to the Contractor(s) as work assignments were issued. The new Agreement(s) will require the Contractor(s)to purchase and supply the chemicals to treat the vegetation as part of the maintenance service. DETAILED SCOPE OF WORK The awarded Contractor(s) shall maintain exotic and nuisance shoreline vegetation, submersed vegetation, floating plants, and other species. Other services may include vegetation trimming or removal such as, but not limited to,trees,brush,and shrubs,grasses,debris/trash removal. The work area locations may be in the right-of- way,easements,county-owned or operated facilities,residential neighborhoods,preserves,and isolated locations. 1. LOCATIONS: The Road Maintenance Division(Division)maintains work areas one(1)through three(3)," as outlined in the "Work Area Details and Map Books", hereby incorporated by reference. The Division may adjust work areas (reducing or adding) to meet maintenance requirements. Service locations, cycles, and acreages may increase or decrease throughout the contract term and subsequent renewals. Other work areas throughout Collier County may be requested by multiple divisions. Work Area 1: Western and Southern Collier County,approximately 201.67 acres. Work Area 2: Naples and North Naples,approximately 242.79 acres. Work Area 3: Immokalee and Eastern Collier County,approximately 578.04 acres. Other Work Areas: Divisions Countywide may request maintenance services using the line items in this section. 2. EXHIBIT B FEE SCHEDULE: Listed below are line items staff can request for services. 2.1. Aquatic Spraying—Per Acre Unit Price: The aquatic spraying unit price does not include the cost of chemicals. The Contractor will supply the chemicals and reimbursement will be the actual cost of the chemicals plus a 10 percent markup. The Certified Commercial Applicator with Florida Department of Agriculture and Consumer Services(FDACS),Chapter 487 F.S. A licensed applicator can supervise up to 15 unlicensed applicators using Restricted Use Products(RUP). The licensed applicator does not need to be on-site, but they need to arrive on-site in a timely manner, before or during the pesticide use application,and be immediately available by phone. Page 1 of 8 EXHIBIT A—Scope of Services G4,0 Invitation to Bid (ITB) "AQUATIC VEGETATION MAINTENANCE" 2.1.1.Per Acre includes labor(Licensed Commercial Applicator,Chapter 487 F.S.,crew leader,laborer as required for the worksite), equipment, fuel, materials, overhead, etc., for aquatic spraying activities. 2.1.2.Per Acre with Maintenance of Traffic (MOT)/Temporary Traffic Control (TTC) includes labor (labor includes Licensed Commercial Applicator, Chapter 487 F.S., crew leader, laborer), equipment,fuel,materials,overhead,etc.,MOT/TTC,for aquatic spraying activities. 2.1.3.Chemical Markup Percentage: The markup is ten(10%)percent added to the cost of goods;there is no markup on tax or freight. The Contractor is responsible for purchasing and supplying the chemicals (i.e., herbicides, adjuvants) to perform aquatic spraying. Chemical purchases will require the Contractor to submit receipts showing the cost of goods to verify the markup percentage. Failure to provide backup receipts showing the price paid may result in invoice rejection. 2.2. Additional Services—Hourly Unit Price: The unit price includes labor, equipment(such as but not limited to, string trimmers,chain saws,machetes,etc.),fuel,transportation,and MOT/TTC to complete the work.Services may include but are not limited to trimming grasses,brush,shrubs,woody vegetation, debris removal,work area scouting services, site review,recommendations,etc. 2.2.1.Crew Leader/Supervisor: Responsible for supervising and assisting crews. 2.2.2.Laborer& Equipment: Such as,but is not limited to: labor,equipment,materials to trim grasses, brush,shrubs,woody vegetation,and/or debris/vegetation removal using small hand equipment or hand removal. 2.2.3.Crew Leader Supervisor with MOT/TTC: Same description as item 2.2.l above,with MOT/TTC costs(equipment and setup). 2.2.4.Laborer& Equipment with MOT/TTC: Same description as item 2.2.2. above, with MOT/TTC (equipment and setup). 2.2.5. Licensed Applicator Other: Services may include but are not limited to, site scouting activities, site review,recommendations,etc. 2.2.6. Crew Leader Other: Services may include but are not limited to site scouting activities, site review,recommendations,etc. 2.2.7. Dump Truck with Operator: The unit price includes vehicle and operator fuel, materials, overhead, etc. This line item may be requested in conjunction with removing vegetation to transport cut vegetation or debris to a disposal site. 2.2.8. Grapple Truck with Operator: The unit price includes vehicle and operator fuel, materials, overhead, etc. This line item may be requested in conjunction with removing vegetation and/or debris. Page 2 of 8 EXHIBIT A—Scope of Services �No Invitation to Bid (ITB) "AQUATIC VEGETATION MAINTENANCE" 2.3. Material Markup Percentage: The markup is ten(10%) percent added to the cost of goods; there is no markup on tax or freight. Any material purchases will require the Contractor to submit receipts showing the cost of goods to verify the markup percentage. Failure to provide backup receipts showing the price paid may result in invoice rejection. 2.4. Pass-Through Charges: A copy of the receipt is required with invoice submission. The Contractor shall be reimbursed at the actual costs shown on the receipt; there is no markup on pass-through expenses. These charges may include permits,disposal fees,etc. 3. SPECIFICATIONS: Work areas one(1)through three(3)on the EXHBIT B FEE SCHEDULE are treated in cycles. The Division Project Manager or Division Inspector monitors the vegetation in these areas. Depending upon site conditions,the treatment cycles will be adjusted due to seasonal temperatures,growing conditions, site activities, and fluctuating water levels (hinder site access or reduce the effectiveness of herbicides). 3.1. Treatment Techniques: Herbicide treatments are the primary control method and they may include,but are not limited to,low-volume backpack foliar,broadcast(liquid or granular), spot treatments,cut stump treatments, frill or girdle (hack-and-squirt), basal, and poodle cutting, and vegetation trimming and cutting with machetes,string trimmers,or chainsaws before or after the application. 3.2. Equipment: The work to be performed may require the following equipment,such as but not limited to: 4X4 pickup truck,ATV or similar vehicle,watercraft for crew transport and to spray vegetation bordering canals and lakes,airboat equipped with a spray tank or injection system for aquatic operations,backpack sprayers,and string trimmers,machetes,chainsaws. 3.3. Equipment Calibration: Chemical spray equipment that requires calibration must comply with all laws and the manufacturer's instructions that the equipment is calibrated correctly to the manufacturer's specifications. 3.4. Daily Work Report: The Contractor shall email the daily work report to the Division Project Manager and Inspector for inspection purposes. The data is cumulative of all work issued from the Division throughout the fiscal year(October 1st through September 30t1). 3.5. Inclement Weather: Email the Division Project Manager and Inspector when services cannot be performed due to inclement weather conditions. 3.6. Herbicide Treatments include,but are not limited to,the following types of vegetation: 3.6.1. Floating aquatic plants rooted in the soil are free-floating and moved around by wind and water currents(i.e.,water hyacinth and water lettuce). 3.6.2. Submersed aquatic vegetation is rooted in the soil of water bodies. It grows toward the water's surface and sometimes extends a short distance out of the water(i.e., hydrilla, hygrophilla, and pondweed). 3.6.3. Emergent aquatic weeds are rooted in the soil with their leaves extending above the water's surface(i.e., cattail,spatterdock, and aquatic grasses). 3.6.4. Ditch bank/shoreline vegetation is terrestrial inhabit,and the species may extend their rhizomes Page 3 of 8 EXHIBIT A—Scope of Services Invitation to Bid (ITB) "AQUATIC VEGETATION MAINTENANCE" into the water body. The ditch bank refers to the portion from the water's edge to the top of the bank. 3.6.5. Fenceline vegetation is a subset of terrestrial vegetation and includes any plants growing near areas such as,but not limited to, fences,guardrails,and gates. 3.6.6. Other terrestrial vegetation to be treated may include Melaleuca, Australian Pine, Shoebutton Ardisia,Lead Tree,and Lygodium. 3.6.7. Seedlings of some species in mixed plant communities may be hand-pulled to minimize the impact of herbicide on non-target vegetation. 3.7. Herbicide Applications: The applications shall be conducted to protect non-target organisms,crops,the environment, and the public. Herbicide applications shall be carried out consistent with Environmental Protection Agency (EPA) and comply with all regulations set forth by the Florida Department of Agriculture and Consumer Services(FDACS). 3.7.1. The Contractor will strictly adhere to all herbicide label directives for applications,precautionary and safety statements,and will be liable for damages due to an herbicide spill or contamination. 3.7.2. Crews must have access to chemical labels and Safety Data Sheets(SDS)at all times(i.e.storing, transporting,mixing,or applying herbicides). 3.7.3. Transporting chemicals to the application site must be safely stored and securely locked on the transport vehicle during work and whenever the Contractor's staff is absent where the chemicals are located. 3.7.4. Onsite mixing and applications shall comply with the chemical labels. 3.7.5. The Contractor shall be responsible for the systematic/methodical treatment of 100% of target vegetation to prevent re-sprouting. A dead plant does not re-sprout from an original root/rhizome system. All parts of the plant must be dead,not simply defoliated. All control efforts shall be at least 95%effective in preventing the re-sprout of all target vegetation unless specified otherwise by the Division Project Manager. 3.7.5.1. If 100%of the area is not treated with a 95%kill rate,it is the Contractor's responsibility to retreat those non-compliant areas, at no cost to the County. Any delays by the Contractor in retreating non-compliant areas shall be the Contractor's responsibility in treating any new growth in those areas. 3.7.5.2. The Division Project Manager's decision as to the overall effectiveness of the treatment is final. 3.8. Wind Speeds: Herbicide applications are prohibited with wind speeds over 10 miles per hour(mph). The Contractor shall comply with Florida's 5E-2.033 "Organo-Auxin Herbicides:Restrictions and Prohibition,"link: https://www.flrules.org/gateway/RuleNo.asp?id=5E-2.033 3.8.1. Every precaution by the Contractor shall be taken to mitigate herbicide drift. 3.8.2. The Contractor is responsible for restoring damaged areas,at no cost to the County. Page 4 of 8 EXHIBIT A—Scope of Services �,Q,O Invitation to Bid (ITB) "AQUATIC VEGETATION MAINTENANCE" 3.8.3. Follow the most restrictive wind law or policy when conflicting thresholds exist between laws/policies. 3.8.4. The Contractor shall email the Division Project Manager and Inspector when wind speeds are over 10 mph. Photographic evidence of the wind speed meter reading may be required by the Division Project Manager. 3.9. Dissolved Oxygen: (DO): Monitor DO when required by label and follow all label instructions related to DO. The Contractor shall comply with Florida Rule" 62-302.533 "Dissolved Oxygen Criteria for Class I, Class II, Class III, and Class III-Limited Waters", link: https://www.flrules.org/gateway/ruleno.asp?id=62-302.533 3.10.Re-treatments: The Division may require the Contractor to re-treat an area due to unsatisfactory work performance. For any vegetation treated and still flourishing post-treatment,the Contractor will need to re-treat,at no cost to the County. The Division may require re-treatments to be completed before moving to a new work area.Re-treatments will be inspected. 3.11.Noxious Weed List: Florida Rule: 5B-57.007,link: https://www.flrules.org/gateway/RuleNo.asp?title=INTRODUCTION%200R%2ORELEASE%200F% 20PLANT%2OPES TS,%20NOXIOUS%20 WEEDS,%20ARTHROPODS,%20AND%20B IOLOGICA L%2000NTROL%20AGENTS&ID5B-57.007 4. WORK COMMENCEMENT: Work shall commence with the issuance of a purchase order. 5. WORK DELAYS: If there are delays in work,immediately notify the Division Project Manager,and follow up with an email stating the cause of the delay within 48 hours. 6. INSPECTIONS: Onsite inspections may occur to monitor work progress and when the work is completed. The Contractor is to email the Division Project Manager and Inspector via email when completed. Aquatic spraying post-treatment inspections may occur upon notification from the Contractor. 6.1. Work area inspections may occur to ensure treated vegetation is dying; if the inspection reveals treated vegetation is still flourishing post-treatment, the Contractor will need to re-treat those areas at no additional cost to the County. 6.2. The Division Project Manager or Inspector will notify the Contractor when the finished work fails to comply with the specifications. 6.2.1. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 6.2.2. Upon completing the deficient work, the Contractor shall notify the Division Project Manager and Inspector when ready for re-inspection. 6.2.3. The Division may make a final inspection of the work or request photographic evidence. The Division will inform the Contractor of any necessary repair work not completed. 6.2.4. The Contractor shall immediately complete all incomplete work and arrange for another re- inspection. Page 5 of 8 EXHIBIT A—Scope of Services Go0 Invitation to Bid (ITB) "AQUATIC VEGETATION MAINTENANCE" 6.2.5. There will be no cost to the County for the Contractor to correct deficient work. 7. LICENSES AND CERTIFICATIONS: The Contractor shall have and maintain through the life of the contract the following valid and current insurances,licenses,and certifications as required by statute,law,and administrative rules during the contract term, renewals, and extensions. The Contractor is responsible for emailing the Contract Administration Specialist and the Division Project Manager within 24 hours of the renewal. 7.1. Valid Florida Department of Agriculture and Consumer Services (FDACS) Certified Commercial Pesticide Applicator License per Chapter 487 F.S.in the category of Aquatic Pest Control. 7.2. Valid Maintenance of Traffic (MOT) or Temporary Traffic Control (TTC), Intermediate Level Certification. 8. CONTRACTOR PERFORMANCE: The Contractor shall perform the activities described in the Scope of Work and specifications safely, properly, and satisfactorily. The Contractor agrees it has the financial capabilities and resources to perform the work by accepting this Contract. The Contractor shall immediately notify the Division's Contract Administrator in writing if its ability to perform the work under the Contract is compromised in any manner. 8.1. The Division Project Manager may utilize the Secondary Contractor if the Primary Contractor cannot perform all the work requested. If the Primary Contractor continually fails to perform the services requested,their Contract may be terminated,and the Secondary Contractor will assume all work under the terms of the Contract. During any notice of default,breach, or suspension,the Division shall have the full authority to utilize the Secondary Contractor as the Primary Contractor. 9. KEY PERSONNEL: Contact information must be provided to the Contract Administration Specialist before the contract kick-off meeting. The information must include names with titles, emails, business, and cell phone numbers. 9.1. Key Personnel employees must be English speaking to effectively communicate with the Division staff. 9.2. In the absence of key personnel, the Contractor shall notify the Division Project Manager with substitution personnel and provide their names and contact information via email. 9.3. The Division reserves the right to remove key personnel from the Contract that fails to communicate with staff effectively. 10. MEETINGS: Either party may request meetings throughout the contract term, requiring mandatory attendance. There are no additional costs to the County for contractual meeting discussions. 11. UTILITIES: The Contractor shall be responsible for exercising precautions while working near utilities; therefore, before digging,the Contractor must call Sunshine 811 at 811 or 800-432-4770, Monday—Friday from 7:00 a.m.—5:00 p.m. Sunshine 811 needs two(2) full business days'notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 12. DAMAGES: It shall be the Contractor's responsibility to exercise care and protect all native vegetation at the project site. The Contractor is responsible for restoring or replacing all damaged native vegetation to the satisfaction of the Division Project Manager,at no cost to the County where the Contractor's control operations occurred. Page 6 of 8 EXHIBIT A—Scope of Services ��a Invitation to Bid (ITB) "AQUATIC VEGETATION MAINTENANCE" 12.1. Any damages by the Contractor's crews shall be repaired or replaced at the sole expense of the Contractor within 10 calendar days from the date of damage. 12.2. It shall be at the Division's discretion to withhold estimated damage repair/replacement costs from an invoice until said repairs are completed and accepted. 13. PESTICIDE APPLICATOR RECORDS: Upon written request by the Division, the licensed applicator shall make available the records required to be maintained under the Florida Administrative Rule for "Pesticide Applicator Records" and shall permit the Division to have access and copies of the records. The original records shall be maintained by the licensed applicator. All records shall comply with the rule, link: https://www.flrules.org/gateway/RuleNo.asp?ID=5E-9.032 14. CLEAN UP: The Contractor is responsible for removing herbicide containers and associated debris from the worksite. The Division Project Manager will notify the Contractor to return to the worksite the same day to remove the debris. 15. MAINTENANCE OF TRAFFIC (MOT)/TEMPORARY TRAFFIC CONTROL (TTC): MOT/TTC is the Contractor's responsibility when applicable. The Contractor is responsible for setting up and maintaining MOT/TTC while performing services in the right-of-way and roadways. 15.1. MOT/TTC is a requirement for the safety and protection of the Contractor's employees and traveling public during services. It is the Contractor's sole responsibility for safety in the work zone. 15.2. MOT/TTC shall conform to the current edition of the FDOT's Standard Plans for Road and Bridge Construction, Index 102, Design Standards Index 600 series, link: https://www.fdot.gov/design/standardplans/sprbc.shtm, and The Manual on Uniform Traffic Control Devices(MUTCD),link: https://mutcd.fhwa.dot.gov/index.htm. 15.3. The Contractor is authorized to subcontract MOT/TTC.It is required that the subcontractor have current FDOT-approved Maintenance of Traffic or Temporary Traffic Control, Intermediate Level, Certification. 15.4. The Contractor's employee or Contractor's subcontractor is responsible for the MOT/TTC plan and equipment setup and shall have current FDOT-approved certification in their name. They must be readily available within twenty(20)minutes of the initial contact by County staff to address work zone safety issues. 15.5. MOT/TTC setup that does not comply with FDOT standards, the Contractor will need to cease operations until MOT/TTC is correct per the 600 series design standard. 16. WORK ZONE SAFETY: Contractor shall use caution while working in County Right-of-Way and roadways. The Contractor shall use caution while working in or around County-owned or operated facilities, right-of-way, sides of right-of-way, and roadway medians. When working within a right-of-way (i.e., roads, sidewalks,bike paths,etc.)Follow applicable FDOT and/or MUTCD requirements,such as but are not limited to: 16.1. American National Standards Institute/International Safety Equipment Association(ANSI/ISEA)Class 2 or 3 Vests,T-shirts,or similarly labeled garments depending on the time of day. 16.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles,where necessary,required by law or the BCC. Page 7 of 8 EXHIBIT A—Scope of Services CQO Invitation to Bid (ITB) "AQUATIC VEGETATION MAINTENANCE" 16.3. An applicable work zone(Maintenance of traffic)plan based on FDOT and/or MUTCD designs on site. 16.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 17. UTILITIES: The Contractor shall be responsible for exercising precautions while working near utilities. Before digging,the Contractor must call Sunshine 811 at 811 or 800-432-4770,Monday—Friday from 7:00 a.m. — 5:00 p.m. Sunshine 811 needs two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 18. WORK HOURS: Monday through Friday from 7:00 a.m. to 5:00 p.m. The Contractor may request permission from the Division Representative to work outside the daytime hours and workdays. There is no additional compensation for working on weekends,holidays,or evening hours. 19. PRICE MODIFICATIONS: Price increase requests may be submitted annually (365 days from the agreement anniversary date). 19.1. Submit price increase requests in writing by email to the Contract Administrator no less than 30 days before the annual contract anniversary date for consideration. Price increase requests review may take over 60 days to complete.Retroactive price adjustments are not authorized. 19.2. Contractor shall provide supporting documentation justifying price increases (examples: Bureau of Labor Statics,supplier material agreements,fuel increases,etc.). If there is no documented proof,price increases will not be considered. 19.3. Contract Administrator shall analyze prices to determine whether increases are fair and reasonable using the following methods: price competition,market prices,historical prices,or independent estimates. 19.4. Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. 19.5. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The EXHIBIT B FEE SCHEDULE shall be modified with the price increases and uploaded into the County's Finance system, in accordance with Procurement • policies and procedures. 19.6. Price increase requests are not guaranteed.If approved,the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. 20. COMPENSATION: Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the"Local Government Prompt Payment Act". 20.1. Invoices may be rejected for inaccurate information and documentation. 20.2. Invoices shall include the Division Name,Contract Number,Purchase Order Number,and itemized line item. 20.3. Backup documents. Page 8 of 8 EXHIBIT A—Scope of Services �q,0 Exhibit B Fee Schedule following this page (pages through 4 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 V Invitation to Bid(ITB)#23-8077 "Aquatic Vegetation Maintenance" EXHIBIT B FEE SCHEDULE (Primary Contractor) DeAngelo Contracting Services LLC Work Area 1: Western & Southern Collier County Aquatic Spraying: The aquatic spraying unit price does not include the cost of chemicals.The Contractor will supply the chemicals and reimbursement will be the actual cost of the chemicals plus a 10 percent markup. Item Description UOM Unit Price Per Acre includes labor(Licensed Commercial Applicator,Chapter 487 1.1 F.S.,crew leader,laborer as required for the worksite),equipment,fuel, Per Acre $ 234.00 materials,overhead,etc.,for aquatic spraying activities. Per Acre with Maintenance of Traffic(MOT)/Temnorary Traffic Control (TTC)includes labor(labor includes Licensed Commercial Applicator, Per Acre $ 308.00 1.2 Chapter 487 F.S.,crew leader,laborer),equipment,fuel,materials, with TTC/MOT overhead,etc.,MOT/TTC,for aquatic spraying activities. Chemical Markup Percentage is 10%: Added to the cost of goods;there is no markup on tax or freight. The Contractor is responsible for purchasing and supplying the chemicals(i.e.,herbicides,adjuvants)to perform aquatic spraying. Work Area 1: Additional Services Additional Services: The unit price includes labor,equipment(such as but not limited to,string trimmers, chain saws,machetes,etc.),fuel,transportation,MOT/TTC to complete the work. Item Description UOM Unit Price 1.3 Crew Leader/Supervisor Hourly $ 46.00 1.4 Laborer&Equipment Hourly $ 54.00 1.5 Crew Leader/Supervisor w/MOT Hourly $ 67.00 1.6 Laborer&Equipment w/MOT Hourly $ 122.00 1.7 Licensed Applicator Other Hourly $ 42.00 1.8 Crew Leader Other Hourly $ 46.00 1.9 Dump Truck with Operator Hourly $ 90.00 1.10 Grapple Truck with Operator Hourly $ 90.00 Material Markup Percentage is 10%: The markup is ten(10%)percent added to the cost of goods;there is no markup on tax or freight. Pass Through Costs: These charges may include permits,disposal fees,etc.and reimbursement is at the actual costs shown on the receipt;there is no markup on pass-through expenses. Page 1 of 4 Invitation to Bid (ITB)#23-8077 "Aquatic Vegetation Maintenance" EXHIBIT B FEE SCHEDULE (Primary Contractor) DeAngelo Contracting Services LLC Work Area 2: Naples and North Naples Collier County Aquatic Spraying: The aquatic spraying unit price does not include the cost of chemicals.The Contractor will supply the chemicals and reimbursement will be the actual cost of the chemicals plus a 10 percent markup. Item Description UOM Unit Price Per Acre includes labor(Licensed Commercial Applicator,Chapter 487 2.1 F.S.,crew leader,laborer as required for the worksite),equipment,fuel, Per Acre $ 234.00 materials,overhead,etc.,for aquatic spraying activities. Per Acre with Maintenance of Traffic(MOT)/Temporary Traffic Control 2 2 (TTC)includes labor(labor includes Licensed Commercial Applicator, Per Acre $ 308.00 Chapter 487 F.S.,crew leader,laborer),equipment,fuel,materials, with TTC/MOT overhead,etc.,MOT/TTC,for aquatic spraying activities. Chemical Markup Percentage is 10%: Added to the cost of goods;there is no markup on tax or freight. The Contractor is responsible for purchasing and supplying the chemicals(i.e.,herbicides,adjuvants)to perform aquatic spraying. Work Area 2: Additional Services Additional Services: The unit price includes labor,equipment(such as but not limited to,string trimmers, chain saws,machetes,etc.),fuel,transportation,MOT/TTC to complete the work. Item Description UOM Unit Price 2.3 Crew Leader/Supervisor Hourly $ 46.00 2.4 Laborer&Equipment Hourly $ 54.00 2.5 Crew Leader/Supervisor w/MOT Hourly $ 67.00 2.6 Laborer&Equipment w/MOT Hourly $ 122.00 2.7 Licensed Applicator Other Hourly $ 42.00 2.8 Crew Leader Other Hourly $ 46.00 2.9 Dump Truck with Operator Hourly $ 90.00 2.10 Grapple Truck with Operator Hourly $ 90.00 Material Markup Percentage is 10%: The markup is ten(10%)percent added to the cost of goods;there is no markup on tax or freight. Pass Through Costs: These charges may include permits,disposal fees,etc.and reimbursement is at the actual costs shown on the receipt there is no markup on pass-through expenses. Page 2 of 4 0 Invitation to Bid (ITB)#23-8077 "Aquatic Vegetation Maintenance" EXHIBIT B FEE SCHEDULE (Primary Contractor) DeAngelo Contracting Services LLC Work Area 3: Immokalee& Eastern Collier Collier County Aquatic Spraying: The aquatic spraying unit price does not include the cost of chemicals.The Contractor will supply the chemicals and reimbursement will be the actual cost of the chemicals plus a 10 percent markup. Item Description UOM Unit Price Per Acre includes labor(Licensed Commercial Applicator,Chapter 487 3.1. F.S.,crew leader,laborer as required for the worksite),equipment,fuel, Per Acre $ 234.00 materials,overhead,etc.,for aquatic spraying activities. Per Acre with Maintenance of Traffic(MOT)/Temporary Traffic Control 3 2 (TTC)includes labor(labor includes Licensed Commercial Applicator, Per Acre $ 308.00 Chapter 487 F.S.,crew leader,laborer),equipment,fuel,materials, with TTC/MOT overhead,etc.,MOT/TTC,for aquatic spraying activities. Chemical Markup Percentage is 10%: Added to the cost of goods;there is no markup on tax or freight. The Contractor is responsible for purchasing and supplying the chemicals(i.e.,herbicides,adjuvants)to a perform aquatic spraying. ,� : 9 Work Area 3: Additional Services Additional Services: The unit price includes labor,equipment(such as but not limited to,string trimmers, chain saws,machetes,etc.),fuel,transportation,MOT/TTC to complete the work. Item Description UOM Unit Price 3.3 Crew Leader/Supervisor Hourly $ 46.00 3.4 Laborer&Equipment Hourly $ 54.00 3.5 Crew Leader/Supervisor w/MOT Hourly $ 67.00 3.6 Laborer&Equipment w/MOT Hourly $ 122.00 3.7 Licensed Applicator Other Hourly $ 42.00 3.8 Crew Leader Other Hourly $ 46.00 3.9 Dump Truck with Operator Hourly $ 90.00 3.10 Grapple Truck with Operator Hourly $ 90.00 Material Markup Percentage is 10%: The markup is ten(10%)percent added to the cost of goods;there is no markup on tax or freight. Pass Through Costs: These charges may include permits,disposal fees,etc.and reimbursement is at the actual costs shown on the receipt;there is no markup on pass-through expenses. Page 3 of 4 Invitation to Bid(ITB)#23-8077 "Aquatic Vegetation Maintenance" EXHIBIT B FEE SCHEDULE (Primary Contractor) DeAngelo Contracting Services LLC Other Work Areas: Divisions Countywide Aquatic Spraying: The aquatic spraying unit price does not include the cost of chemicals.The Contractor will supply the chemicals and reimbursement will be the actual cost of the chemicals plus a 10 percent markup. Item Description UOM Unit Price Per Acre includes labor(Licensed Commercial Applicator,Chapter 487 0.1 F.S.,crew leader,laborer as required for the worksite),equipment,fuel, Per Acre $ 234.00 materials,overhead,etc.,for aquatic spraying activities. Per Acre with Maintenance of Traffic(MOT)/Temporary Traffic Control O 2 (TTC)includes labor(labor includes Licensed Commercial Applicator, Per Acre $ 308.00 Chapter 487 F.S.,crew leader,laborer),equipment,fuel,materials, with TTC/MOT ;overhead,etc.,MOT/TTC,for aquatic spraying activities. Chemical Markup Percentage is 10%: Added to the cost of goods;there is no markup on tax or freight. The Contractor is responsible for purchasing and supplying the chemicals(i.e.,herbicides,adjuvants)to perform aquatic spraying. Other Work Areas: Additional Services Additional Services: The unit price includes labor,equipment(such as but not limited to,string trimmers, chain saws,machetes,etc.),fuel,transportation,MOT/TTC to complete the work. Item Description UOM Unit Price 0.3 Crew Leader/Supervisor Hourly $ 46.00 0.4 Laborer&Equipment Hourly $ 54.00 0.5 Crew Leader/Supervisor w/MOT Hourly $ 67.00 0.6 Laborer&Equipment w/MOT Hourly $ 122.00 0.7 Licensed Applicator Other Hourly $ 42.00 0.8 Crew Leader Other Hourly $ 46.00 0.9 Dump Truck with Operator Hourly $ 90.00 0.10 Grapple Truck with Operator Hourly $ 90.00 Material Markup Percentage is 10%: The markup is ten(10%)percent added to the cost of goods;there is no markup on tax or freight. Pass Through Costs: These charges may include permits,disposal fees,etc.and reimbursement is at the actual costs shown on the receipt;there is no markup on pass-through expenses. Prices shall remain firm for the first year(365 days)of this contract. Page 4 of 4 Other Exhibit/Attachment Description: ❑ following this page (pages through ) ❑■ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 0 &. Ate c•R DATE(MM/DD/YYYY) `�V CERTIFICATE OF LIABILITY INSURANCE 3/14/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kevin Roof Assurance, a Marsh&McLennan Agency LLC company (A/c.No.ExO: (312)625-5948 FAX No):(847)440-9116 20 N Martingale Road E-MAIL Suite 100 ADDRESS: Kevin.Roof@MarshMMA.com Schaumburg IL 60173 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Starr Indemnity and Liability 38318 INSURED SEVEISL-02 INSURER B:INDEMNITY INS CO OF NORTH AMER 43575 DeAngelo Contracting Services, LLC 100 North Conahan Drive INSURER C:HDI Specialty Insurance Compan 16131 Hazleton PA 18201 INSURER D:Endurance American Insurance C 10641 INSURER E:Endurance American Specialty I 41718 INSURER F: CAPITOL SPECIALTY INS CORP 10328 COVERAGES CERTIFICATE NUMBER:1761964770 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y 1000025924221 11/1/2022 11/1/2023 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $500,000 X DED 500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY 1000672941221(AOS) 11/1/2022 11/1/2023 COMBINED SINGLE LIMIT $2,000,000 A 1000672978221(MA Only) 11/1/2022 11/1/2023 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) .. B X UMBRELLALIAB X OCCUR XS000113522 11/1/2022 11/1/2023 EACH OCCURRENCE $3,000,000 C EXCESS LIAB CLXD5897400S 11/1/2022 11/1/2023 D CLAIMS-MADE EXC30026857700 11/1/2022 11/1/2023 AGGREGATE $3,000,000 DED RETENTION$$n ADDITIONAL LAYERS $SEE REMARKS A WORKERS COMPENSATION 100000482503 AOS 11/1/2022 11/1/2023 XPER A AND EMPLOYERS'LIABILITY ( ) STATUTE ERH Y/N 100000482601(FL,MA) 11/1/2022 11/1/2023 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Prof Liability/Pollution PNV10015266701 11/4/2022 11/1/2023 Prof Occ/Agg $5,000,000 F Excess Pollution EX20210970-02 11/4/2022 11/1/2023 PollOcc/Agg $5,000,000 XS Poll Occ/Agg $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) First Excess Policy(XS000113522)Limits:Each Occurrence-$3,000,000;Aggregate-$3,000,000 Second Excess Policy(CLXD5897400S)Limits:Each Occurrence-$3,000,000;Aggregate-$3,000,000 Third Excess Policy(EXC30026857700)Limits:Each Occurrence-$2,000,000;Aggregate-$2,000,000 Re:Project#23-8077-Aquatic Vegetation Maintenance It is agreed that the following are added as Additional Insureds,when required by written contract,on the General Liability and Automobile Liability on a primary and non-contributory basis with respect to operations performed by the Named Insured in connection with this project: See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail East AU HORIZEDRE ESENTATIVE /_ Naples FL 34112 • 4 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: SEVEISL-02 LOC#: ACL RD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Assurance,a Marsh&McLennan Agency LLC company DeAngelo Contracting Services,LLC 100 North Conahan Drive POLICY NUMBER Hazleton PA 18201 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Collier County Board of County Commissioners,or Board of County Commissioners in Collier County,or Collier County Government or Collier County If the above policies are cancelled by the Company or by the insureds,other than for nonpayment of premium,notice of such cancellation will be provided to the certificate holder at least 30 days in advance of the cancellation effective date.If the above policies are cancelled for nonpayment of premium,notice of such cancellation will be provided to the certificate holder at least 10 days in advance of the cancellation effective date. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO Starr Indemnity & Liability Company SICA-1016(0620) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AUTOMATIC STATUS AMENDATORY ENDORSEMENT Policy Number: 1000672941221 Effective Date: 11/01/2022 Named Insured: DeAngelo Contracting Services, LLC This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies)carefully. AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM It is hereby agreed that SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. COVERAGE, 1. Who Is An Insured of the Business Auto Coverage Form and Motor Carrier Coverage Form, and SECTION I — COVERED AUTOS COVERAGES, D. Covered Autos Liability Coverage, 2. Who Is An Insured of the Auto Dealers Coverage Form are amended to include the following: Any person or organization whom you become obligated to include as an additional insured under this policy, as a result of any written contract or written agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered"auto". However,the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy,or (2) The coverage and/or limits required by such written contract or written agreement. All other terms and conditions of this Policy remain unchanged. SICA-1016 (0620) Copyright Starr Indemnity&Liability Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: 1000025924221 COMMERCIAL GENERAL LIABILITY CG20371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract Location And Description of Completed Operations: Where required by written contract Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: 1000025924221 COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection shown in the Schedule, but only with respect to with such work, on the project (other liability arising out of your ongoing operations than service, maintenance or repairs) performed for that insured. to be performed by or on behalf of the B. With respect to the insurance afforded to these additional insured(s) at the site of the additional insureds, the following exclusion is covered operations has been added: completed; or 2. Exclusions (2) That portion of"your work" out of which the injury or damage arises has been This insurance does not apply to "bodily inju- put to its intended use by any person or ry"or"property damage"occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0