Loading...
Backup Documents 10/28/2014 Item #16D 9 (Kevin L. Erwin) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ,. Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk 0 I 1/ tot i (( ((,l 2. County Attorney Office County Attorney Office '0131114 3. BCC Office Board of County T Commissioners 4. Minutes and Records Clerk of Court's Office Rm (l((q(i& 2'IQPM 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Ewelina Dendroulakis Phone Number 252-8375 Purchasing Staff October 28,2014 Contact and Date / Agenda Date Item was October 28,2014 Agenda Item Number 16.D.9✓ Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 14-6332 Kevin Erwin number if document is NumberNendor Name Consulting to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by e BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 1 6 0 9 MEMORANDUM Date: November 18, 2014 To: Diana De Leon, Contracts Technician Purchasing & General Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #14-6332 "Exotic Vegetation Removal" Contractor: Kevin L. Erwin Consulting Ecologist, Inc. Attached is an original copy of the contract referenced above, (Item #16D9) approved by the Board of County Commissioners on Tuesday, October 28, 2014. The second original contract will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachment 1 6 D 9 AGREEMENT 14-6332 for Exotic Vegetation Removal THIS AGREEMENT is made and entered into this 223/44'` day of ck40bQ-:— , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Kevin L. Erwin Consulting Ecologist, Inc., authorized to do business in the State of Florida, whose business address is 2077 Bayside Parkway, Fort Myers, FL 33901 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work upon the issuance of a Purchase Order. The contract shall be for a one (1) year period, commencing on November 12, 2014, and terminating November 11, 2015, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. This contract shall have three (3) additional, one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Board of County Commissioners deemed six (6) firms to be qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Exotic Vegetation Removal on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP # 14-6332, Exhibit A, Scope of Work, and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Although the primary user of this Contract is the Parks & Recreation Department, any County Department may use this contract provided sufficient funds are included in its budget. The process for obtaining services under this Contract is as follows: • For work less than $50,000: the department may select one of the Contractor(s) on contract, quote out the work among all Contractor(s) on contract, or competitively solicit for new quotes. • For work greater than $50,000 and less than $200,000: the department may quote out work among all the Contractor(s) on contract, or may conduct a separate new solicitation. • For work that may exceed $200,000: the department may quote out work among all the Contractor(s) on contract and obtain approval from the Board of County commissioners, or may conduct a separate new solicitation. Page -1- 1 609 ' In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Quotes may be submitted as time and materials or lump sum. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County's Project Manager or designee, in compliance with the County Purchasing Ordinance and Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work pursuant to the prices offered by the Contractor in his response to RFP # 14-6332 per Exhibit B Price Schedule, attached herein and incorporated by reference or subsequent quotes. Any County Agency may utilize the services offered under this contract, provided sufficient funds are included in the budget(s). This contract will be Purchase Order driven. 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted seven (7) days after the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Kevin L. Erwin Consulting Ecologist, Inc. 2077 Bayside Parkway Fort Myers, FL 33901 Attention: Kevin L. Erwin, President/Principal Ecologist Telephone: 239-337-1505 Facsimile: 239-337-5983 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. Page -2- 1 609 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page -3- cA I 6 13 9 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Pollution Coverage: Coverage shall have minimum limits of $1,000,000 Per Occurrence. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. Page -4- ��� X6 0 9 If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Ordinance and Purchasing Procedures. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 19.ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 20.WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in Page -5- �� •-L L19 accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. 21.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22.TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23.PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24.EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Page -6- cA 1 609 ' 25.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks & Recreation Department. 26.COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP # 14-6332 any addenda, and subsequent Quotations, made or issued pursuant to this Agreement. 27.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 28.SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 29.SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 30.IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 31.VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 32.OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 33.AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 34.SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, Page -7- �� 16 0 ° checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 35.DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 36.SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. ********************************* Remainder of page intentionally left blank ******************************** Page -8- ca 16119 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwig E. Brock, rk of Courts ' iB, .i�� A , Dated: f ! l8 he Tom Henning, Chat Han Attest as to gfan signature only. Kevin L. -rwin Consulting Ecologist, Inc. )444.44.;: aric�� By: L. , , L�� . 44 First fitness Si•nat r Tenn-CerS. &and ler Kevsn L . t.rL n Type/Print Witness Name Typed Signature ---P(' W. -i' Title /Q71 d/e-a /1. /e/-7--e...)//2.__ Type/Print Witness Name Approved as to Form and Legality: 1Qef--1;r1 ssistant jIty Attorney ti ;ti# fC9pgn I Agenda tecUlit/ D<<e I Rf. 1.1 ' i `q (90,„,,, -,-.17: c k Page -9- ..... .....:.._, ..._.,m„, A,..a.,...,., 0 1609 Exhibit A— Scope of Work Background Collier County owns many parcels of land that require, either by County ordinance or by federal/state agreements, exotic vegetation removal and maintenance. The removal and maintenance of this vegetation requires a large amount of labor, specialized knowledge of Southwest Florida plants, and training in the use of pesticides and their application. Detailed Scope of Work The Contractor will provide services for the removal of exotic and other nuisance vegetation by manual and mechanical methods including chemical and/or physical removal. Trees, bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc. and/or treated with chemicals, or removed by other methods depending on the requirements of the particular project and as directed by the County department. Treatment and removal of exotic and other nuisance vegetation must be in accordance with Florida State law, and the Contractor must provide and maintain all applicable licenses during the duration of the contract. Species to be removed during the duration of this contract include, but are not limited to: • Category 1 and 2 species listed on the most current Florida Exotic Pest Plant Council (FLEPPC) invasive species list. • Any other undesirable species as directed by the County's Project Manager, or designee. Additionally, the Contractor shall: 1. Provide professional assistance determining the most effective methodology to remove exotic vegetation. 2. Include in the quotes all labor, material, supervision, equipment, supplies, tools, services, disposal, and all other incidentals required to perform all exotic and other undesirable vegetation treatment and/or removal. There shall be no disposal of debris into waterways. 3. Provide pricing quotes on each project as requested by the County's Project Manager, or designee. The County may seek price quotes from one, or all, Contractors (as described in Section 2 of the contract). Price quotes must include description of the project, location, description of the service to be provided and cost. Contractors must be detailed as described by the County's Project Manager, or designee, and Contractors' invoices be in accordance with this contract. 4. Coordinate with other selected Contractor's to complete the job as directed by the County's Project Manager, or designee. 5. Provide the service so as not to damage or destroy native vegetation within the area of exotic treatment. Due caution must be given to the surrounding habitat. 6. Minimize disturbance to surface area. Replace damaged native vegetation according to County Code. 7. Provide equipment in good repair necessary to perform the described services in particular and the equipment necessary to complete related tasks. In the event that additional equipment (i.e. crane, bucket truck, ditch witch, etc.) is needed, the department must be notified in advance, for final approval. The reimbursement of rental equipment expense shall be at cost, commencing when it arrives at the service site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. 8. Ensure that all equipment (i.e. owned or rented vehicles, sprayers, etc.) is clean and free of potential exotic species to avoid transference, prior to entering the project site to commence work. Collier County staff reserve the right to inspect and approve or deny the equipment from entering the project site prior to the commencement of the project. Page -10- cA 1609 9. Document pre-project existing conditions of adjacent private property by photographs, video or other means at each work site, prior to commencement of any work, upon County's request. 10. Restore any damages caused by the completion of this project to the documented pre-project condition. Should a damage dispute arise between an adjacent property owner, and the Contractor subsequently disputes the claim, it is the Contractor's responsibility to provide pre-project existing condition documentation. 11. Provide the County's Project Manager, or designee, with a written list of all herbicides, adjuvant, and diluents and their mixing ratios. 12. Perform all exotic vegetation treatment operations in an orderly and safe manner complying with the current County Maintenance of Traffic (MOT) policy (if required). All work shall be performed within the right-of-way and/or easements. All operations shall be in accordance with a Collier County's Maintenance of Traffic Policy, #5807, Revised October 1, 2003, copies of which are available at: http://portal.colliergov.net/SiteDirectory/ASD/PurchasingNendors/Shared%20Documents/Forms/AII I tems.aspx. A Maintenance of Traffic Plan shall be approved in writing by the Department prior to the start of the prosect. Any equipment left in the right-of-way overnight shall be parked outside of the clear zone and as close as possible to the right-of-way line. No equipment shall be parked in the median regardless of the width of the median. 13. Inform the County's Project Manager, or designee, of work location and proposed schedule. 14. Leave site in a clean, neat and orderly manner including pick up and removal of all loose and unsightly vegetation materials on a daily basis. Daily clean-up operation must include removal and proper disposal of all trash, trimmings, and debris deposited on site. Felled trees may be neatly stacked, pursuant to South Florida Water Management District Melaleuca guidelines, with approval of County's Project Manager, or designee, to be determined in advance. Ruts made in the soil must be removed by the Contractor. 15. Provide for a maximum of two (2) months, or less if directed by the County's Project Manager, or designee, mortality evaluation period from the substantial completion date noted in any order provided by the department to the Contractor. The Contractor shall demonstrate to the department that all exotic vegetation on site has been exterminated to the complete satisfaction of the department. Any re-growth of stumps or plants that were not eradicated shall be properly re-treated by the Contractor at no additional expense to the department. Following this secondary re- treatment, there shall be a one (1) month, or less if directed by the County's Project Manager, or designee, mortality re-evaluation period to determine effectiveness of re-treatment. 16. Agree that when a period of time is referenced by days, it shall be computed to exclude the first day and include the last day of such a period. If the last day of any such period falls on a Saturday or Sunday, or any County legal holiday, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 17. Maintain work hours Monday through Friday from 7AM — 5PM unless otherwise directed by the County's Project Manager, or designee.. 18. Park vehicles and equipment in areas designated only by the County department and with prior permission of the County's Project Manager, or designee. 19. Provide a complete report of the work completed, including, but not limited to the location, the materials removed, the number of hours to perform the work, and the cost of the removal process. In addition to work identified above, the Contractor may be used for the following type of service: 1. Clearing and Grubbing: Clear and grub within areas directed by the County's Project Manager, or designee. Completely remove and dispose of all trees, brush, stumps, roots, boulders, rubbish, debris and any other such protruding objects to a depth of twelve inches (12") below the ground surface. 2. Selective Clearing and Grubbing: The Contractor shall remove and dispose of all vegetation, obstructions, trees, brush, stumps, roots, boulders, rubbish, debris and any other such protruding objects, where so elected by the County's Project Manager, or designee. The Contractor may cut roots, and other such protruding objects, flush with the ground surface. The Contractor shall completely remove and dispose of stumps and entirely remove undergrowth except in specific areas designated by the County's Project Manager, or designee. The Contractor shall trim, protect, and leave standing desirable trees, with the exception of such trees as the County's Project Manager, or designee may designate to be removed in order to facilitate maintenance. The Contractor shall remove undesirable or Page -11- 1609 damaged trees as designated by the County's Project Manager, or designee, and perform selective clearing and grubbing only in areas designated by the County's Project Manager, or designee. When work is required within fenced areas, it may be necessary to remove a portion of the fence to gain access. Fence shall be restored immediately following completion of work described in the work document. Cost of restoring the fence shall be included in the cost of clearing and grubbing per acre with fence removal (all types). Before beginning work, all damaged fence, fence posts and other appurtenances such as sign posts and bases, delineator posts, guardrail or barrier walls, light poles, end walls, pipes, drainage structures, poles, guys, landscape areas, etc., shall be reported to the County's Project Manager, or designee. Any fence, fence post or other appurtenance found damaged after beginning work shall be deemed damaged by the Contractor and shall be replaced at the Contractor's expense. 3. Tree and Bush Trimming and Removal: The work specified in this section consists of trimming trees, the removal of undesired trees and brush, and the disposal of resulting waste and debris. Tree trimming shall only be done by trained employees skilled in the operation of the mechanized equipment used for this type of work. The type of trimming to be performed and the height and width of cut specific to the trees to be trimmed shall be described by the County's Project Manager, or designee. Tree trimming shall also consist of the removal of all dead, dying, diseased, decaying, interfering, suckering, obstructive and weak branches, as well as selective thinning to lessen wind resistance. The trim-line shall be held continuous throughout the work limits to give a neat, uniform appearance. When applicable, all branches or limbs shall be cut perpendicular and flush to the branch collar and shall be removed as to avoid splits or other unnecessary damage to the tree. All hangers and cut limbs shall be removed from the trees. Climbers, gaffs or other climbing equipment that damages trees will not be permitted. 4. Crown Reduction: Crown reduction shall consist of the reduction of tops, sides or individual limbs. The technique for crown reduction involves the removal of parent limb(s) or dominant leader at the point of attachment of a lateral branch. Topping and hat racking are not acceptable methods of crown reduction. In no situation shall greater than one-third (1/3) of the existing tree area be removed in a single operation. Effort should be made to cut back to a lateral at least one-third (1/3) to one-half (1/2) the diameter of the parent limb or leader that is being removed. 5. Stump Grinding and Power Shearing: This section shall be governed by the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, current edition. Page -12- Exhibit B— Price Schedule 6 0 9 ' Position Hourly Rate Professional staff(i.e. degreed $90 Per Hour biologist or arborist) Project Manager $90 Per Hour Crew leader/ supervisor $55 Per Hour Herbicide applicator $30 Per Hour Chain saw operator $30 Per Hour Other laborer $25 Per Hour This list is not intended to be all inclusive. Fees for other services and categories, including equipment and materials, shall be mutually negotiated by the County and the Contractor as needed for the Work. Page -13- � L609Acc.„, CERTIFICATE OF LIABILITY INSURANCE GAM /YYYYI �...�-- 10/3112014 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). CONTACT Ian J.Keith i PRODUCER NAME;,,_,,,,__, Terry A.KeithfsuchPHONE 239-482 3040 FAX 239-482 8366 _INCJi _ aiANoJ 8931 Conference Dr, EMAIL ian@keithinsurance.net Suite 4 INSURER(S1 AFFORDING COVERAGE NAIL 0 Fort Myers FL 33919 INSURER A Homeland Insurance Co of New York 34452 INSURED INSURER B, Allied Property and Casualty Insurance Co. 42579 Kevin L.Erwin Consulting Ecologist,Inc. INSURER C 2077 Bayside Pkwy INSURER 0:_ • INSURER E: Fort Myers FL 33901 INSURER F: COVERAGES CERTIFICATE NUMBER: 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. TYPE OF INSURANCE —7 �' " BRI ._� - POLICY EFF l POLICY EXP' , LIMITS LTR USW,WVD! POLICY NUMBER "MMIOD/YYYYI 1 IMWDD/YYYYI 1 X COMMERCIAL GENERAL LWBIUTY j I i EACH OCCURRENCE $$ 1,000,000 X E IiAFAV ""TO RENTED 50,0 CLAIMS-MADE /i OCCUR y.PREM? ES(Ea xcurrencel = , X Professional Liability MED EXP{My one person) '$ 5 A -claims made for PL X 793-00-26-52-0000 10/08/2014 10/08/2015 i PERSONAL$AoV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 I PRO LOC !. PRODUCTS COMP/OP AGG $ 2 000,000 j I POLICY��JECT ___ — _ 1 OTHER: ! deductible GL$2500 $ Ded.-PL$10k AUTOMOBILE LIABILITY s iIOMBBIIN }SINGLE LIMIT $ 1,000,000 ANY AUTO , BODILY INJURY(Per person) .$ B AUTS OWNED X'SCHEDULED X ACPBAPC 3006855097 10/08/2014 10/08/2015 i BODILY INJURY Per accident) $ s PROPERTY._ ._ DAMAGEX HIRED AUTOS X'AUTOS D _ i(Per aeadent) ...__ $ .... .... UMBRELLA LIAR is EACH OCCURRENCE $ 1,000,000 A X EXCESS LIAB CLAIMS MADc_ 793-00.26-53-0000 10/08/2014 10/08/2015 AGGREGATE $ 1,000,000 1 R :RETENTIONS i DE $ WORKERS COMPENSATION I a I I AND EMPLOYERS'LIABILITY .j"STA UTE EERY __ ANY PROPRIETOR/PARTNER/EXECUTIVE YIN'N(N/A i E L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (( {Mandatary In NN) l I =E.L.DISEASE-EA EMPLOYEE?S IIi I _..__....�, _........_...._.._,_ ..._........................: , yyerss case bounds DESGRiPTig4 OF OPERATIONS below 1 I 1 i E .DISEASE-POLICY LIMIT $ Pollution Liability _ $1,000,000 A X 1 793-00-26-52-0000 10/08/2014'10/08/2015': Deductible-$10,060 each claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES IACORD ND1,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners named as Additional Insured in respects to General Liability,Auto Liability,Pollution Liability,and Professional Liability. Contract#14-6332"Exotic Vegetation Removal" CERTIFICATE HOLDER CANCELLATION 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. Purchasing Department 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE , 9 Naples FL 34112-4901 ` • ) � : """"" @11..988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD . . X609 ,a►co CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) �,. 10/20/2014 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). CONT PRODUCER NAMEACT Alefa Kerry Lykes Insurance, Inc. PHONE FAX ,Exu:239-931-3015 iA/c,No):239-931-5604 P.O. Box 60043 DFort Myers FL 33906-6043 ADREss:akerrYI kesinsurance.com ---- - _--__--- INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Zenith Insurance Co. 13269 INSURED KEVIN-5 INSURER B: Kevin L. Erwin Consulting INSURERC: Ecologists Inc INSURER D: 2077 Bayside Parkway Fort Myers FL 33901 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:314061696 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 LIMITS LTRINSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO-JECT LOC $ -- ---_ --. AUTOMOBILE LIABILITY COMBINED SINGLE LIMI Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ $ A WORKERS COMPENSATION Z072243201 8/1/2014 3/1/2015 X WRSUMIT OTH- ER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Contract#14-6332-Exotic Vegetation Removal 30 Day Notice of Cancellation applies except 10 days for nonpayment Collier County Board of County Commissioners is named as Additional Insured CERTIFICATE HOLDER CANCELLATION 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. Purchasing Department 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112-4901 I 72/L �-i ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD