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Backup Documents 10/25/2016 Item #16A 2 (Davey Tree) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 2 TO ACCMPANYARD OF COUNTY ALL COMMISSIONERS OFFICE FOR ENTS SE fir' T6 E LA" � THE BOARD la V Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded CaMt t trney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the C A I e e no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP i55 M(� aaee�tYt n�t Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is re ady�clorrfpleteew'iih the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Routed by Procurement Services to the Office Initials Date Following Addressee(s) (In routing order) 1. Risk Risk Management C-2)?( — ) 2. County Attorney Office County Attorney Office CSG b 3. BCC Office Board of County Commissioners "Ty b N�SI5f _11\l‘kto 4. Minutes and Records Clerk of Court's Office rat) 11!$ Ito 3=v1 5. Return to Procurement Services Division Procurement Services Contact: Viviana Giarimoustas PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Camille Shim-Marinos for Brenda Brilhart, Phone Number 239-252-8446 Procurement Staff 11/03/2016 Contact and Date Agenda Date Item was 10/25/2016 Agenda Item Number 16.A.2 ti. Approved by the BCC Type of Document Contract Number of Original 2 ,..---- Attached %Attached Documents Attached PO number or account N/A / Solicitation/Contract 16-6610/Landscape number if document is ✓ Number/Company Maintenance/Iey to be recorded Name Tree ✓ 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? `j�'-14 IA C) C3Rvt (.a i A. 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 '7SM signed by the Chairman,with the exception of most letters,must be reviewed and signed '"'(1� by the Office of the County Attorney. ``�YF' 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 CJSM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip gi51cf should be provided to the County Attorney Office at the time the item is input into SIRE. 0/17* Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made CJSM "big , during the meeting have been incorporated in the attached document. The Countyb ' Attorney's Office has reviewed the changes,if applicable. T- °` 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t e Q L$ ,,,, .4,,..„,,„;,,,,„, Chairman's signature. : "~ : I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A 2 MEMORANDUM Date: November 2, 2016 To: Camille Shim-Marinos Procurement Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #16-6610 "Landscape Maintenance" Contractor: Davey Tree Attached is an original of the document referenced above, (Item #16A2) approved by the Board of County Commissioners on Tuesday, October 25, 2016. The second original has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16 A 2 AGREEMENT 16-6610 for Annual Contract for Landscape Maintenance THIS AGREEMENT, made and entered into on this 2491 day of 0c1-06e.r 2016, by and between The Davey Tree Expert Company, authorized to do business in the State of Florida, whose business address is 5515 Yahl Street, Naples Florida 34109, (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 one (1) year period, commencing on the date of Board award and terminating one (1) year from that or until all outstanding Purchase Orders 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 four (4) additional one (1) year 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. STATEMENT OF WORK. The Board of County Commissioners deemed a total of eight (8) firms qualified and awarded an Agreement. The Contractor under Agreement will provide complete services for Landscape Maintenance in the following category: Category 3: Tree Maintenance & Arborist The Contractor shall provide landscaping maintenance services in accordance with the terms and conditions of RFP #16-6610, Exhibit A — Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. 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. Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be performed to all the awarded firms in a specific category which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractors shall respond with the information sought within the time specified by the Project Page 1 of 20 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 16 A 2 Manager, or designee. The Project Manager, or designee, will award the Work to the Contractor that submits the lowest responsive quote. 3. THE AGEEMENT SUM. The County shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a specific Request for Quotation pursuant to the Price Methodology in Section 3.1. 3.1 Price Methodology: 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 mark up). 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. 3.2 Any County agency may purchase services under this Agreement, provided sufficient funds are included in their budget(s). 3.3 Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 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. 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-2. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Page 2 of 20 et 16-6610"Annual Contract for Landscape Maintenance' The Davey Tree Expert Company 16A2 The Davey Tree Expert Company 5515 Yahl Street Naples, Florida 34109 Attn: Dan Powell, District Manager Telephone: (239) 403-9665 Facsimile: (239) 403-9662 Dan.Powell(c_davey.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 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 Agreement must be in writing. 6. 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. 7. 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. 8. 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 Page 3 of 20 CAO 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 16A 2 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. 9. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform the 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. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. 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 $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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 ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) 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 Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 4 of 20 CA0 16-6610"Annual Contract for Landscape Maintenan e" The Davey Tree Expert Company 16 A 2 Contractor shall ensure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. 12. 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 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 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. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Department. 14. 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. 15. 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), RFP #16-6610-Annual Contract for Landscape Maintenance Specifications/Scope of Services and Addenda, Exhibit A —Scope if Work and subsequent quotes. 16. 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. Page 5 of 20 c,40 16-6610"Annual Contract for Landscape Maintenance The Davey Tree Expert Company 16 A 2 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 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 Page 6 of 20 C40 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 16A 2 confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 19. 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 Agreement to other governmental entities at the discretion of the successful proposer. 20. 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. 21. 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. 22. PAYMENTS WITHHELD. The County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County 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. 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. 23. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 24. 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 Page g 16-6610"Annual Contract for Landscape Maintenance" Off® The Davey Tree Expert Company "' 16 A 2 a change, Contractor shall submit a quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of by the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. 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's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. 25. WARRANTY. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to the County that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. 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. 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. 27. 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. CAO Page 8 of 20 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 16A2 28. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not 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. 29. 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 County is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the County 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 County 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. 30. 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. coo Page 9 of 20 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 16A2 • 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. 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 the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. 33. 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, this Agreement shall take precedence. 34. 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. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their 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-FMOPSCc 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. Page 10 of 20 0 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 1 6 A 2 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Cou s By: _N`�. ig - By 111,frzit2 je-6:14., ,'-1 i ,:111 Donna iala, Chairman Dated. . A`licit..., JAI (SEAL) „..::.7.-..*.,,,::- Attest as to Chairman's signature only. The Davey Tree Expert Company Contractor 1 A//-,Y), /e, e , By: --------) c's" 3 First Witness ( Signature lir Patti Shanley James F.Stief,Executive Vice President 1'Ty•,: print witne s name TType/print signature and'title i i econd Witness , Tern Cole TType/print witness nameT Approved as to Form and Legality: 0010.,0_,Lt,a0 /Maki-- " Assista t County Attor ey I I�� M re� Print Name Page 11 of 20e 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 1 6 A 2 Exhibit A SCOPE OF WORK Category 3 Tree Maintenance and Arborist Services The tree service Contractor must have the knowledge and experience in canopy and root pruning, and they must have working knowledge of ANSI Pruning Standards and ISA Best Management Practices. Ability to recognize, diagnose and report tree defects caused by pest, tree and/or root structure, and diseases. Vendor must have an arborist onsite to supervise and direct field personnel. To ensure that all work is completed as per specifications, to include but not limited to; proper tree and root pruning, adequate reduction or removal techniques, work productivity, cleanup, and safety. Services will be required for landscape material in the Collier County properties and right-of ways. As services are requested a request for quotes will be sent with specifications of what the work entails. Service Intervals Services shall be performed on an as-needed basis for service locations, unless otherwise specified by the Division Project Manager or designee. A work order shall be generated and a Notice to Begin Work, if applicable, shall be issued to the Contractor with the location(s) for service. The schedule may change to accommodate the operational needs of the County. Scope of Work The specifications listed herein are intended to provide information for the Vendors to understand the minimum requirements of Collier County in providing tree maintenance services. The Contractor must have knowledge and experience in hard wood canopy and palm pruning. They must adhere to the ANSI accredited Standards A300 policies and standards, current edition, for pruning, fertilization, supports systems, and other aspects of tree care and ISA Best Management Practices, and the ability to recognize, diagnose and report tree defects caused by pest, tree and/or root structure, and diseases. • Contractor shall have a certified arborist on staff to supervise and direct field personnel to ensure that all work is completed per specifications to include, but not limited to, palm and tree maintenance services, tree and palm planting and staking, palm tree de-booting (cleaning), stump and root grinding, and all other additional services as provided on the bid form. • The services performed herein shall consist of the Contractor furnishing all equipment, materials, tools, transportation, traffic controls, insurance, labor and supervision for the Collier County Government Departments. • The seven main objectives for pruning services are: 1) reduce the risk of failure; 2) provide clearance; 3) reduce shade and wind resistance; 4) maintain health; 5) influence flower and/or fruit production; 6) improve views; and 7) improve aesthetics. Tree and Palm Maintenance is divided into five (5) categories: 1. Basic Tree Pruning; 2. Structural Tree Pruning; 3. Palm Pruning; 4. Stump and Root Grinding; 5. De-boot (clean) Palm Trees. 1. Basic Tree Pruning In accordance with ISA Best Management Practices, this category is divided into four primary pruning methods which include: a. cleaning, b. thinning, c. raising, and d. reducing. Page 12 of 20 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 1 6 A 2 a. Cleaning Cleaning trees is the selective removal of dead, diseased, cracked, stubbed, hanging, and broken branches. This service can be performed on a tree of any age but is most common on middle- aged to mature trees. Cleaning is the preferred method for mature trees because it does not remove live branches unnecessarily. The location of the branches to be removed should be reviewed with the Project Manager or designee. b. Thinning Pruning to thin is the selective removal of small live branches to reduce crown density. Proper thinning retains the crown shape and size and should provide an even distribution of foliage throughout the crown. Thinning is to include the following: remove dead or broken limbs one inch in diameter or larger; of two limbs are crowing or touch each other, shorten or remove one of them; if two limbs( one inch diameter or larger) originate within twelve inches (12") of each other on the trunk, shorten or remove one of them. Use directional pruning where possible so future growth is directed away from the roadway, sidewalk, building, street lights, or possible obstruction. Thinning increases the sunlight penetration and air movement throughout the crown. Increased light and air stimulate and maintain interior foliage. There shall not be excessive branch removal on the lower two-thirds of a branch or stem (lion tailing) which can have adverse affects on the tree and is not an acceptable practice. If the entire crown will not be thinned, the Project Manager or designee must approve and specify the percentage of foliage to be removed. The removal percentage is between ten — fifteen percent (10%-15%) percent but should not exceed 25 percent (25%) of the foliage when using pruning to thin methods. c. Raising Pruning to raise, elevate, or lift a canopy is the selective removal of branches to provide vertical clearance. Crown raising shortens or removes lower branches of a tree to provide clearance for buildings, signs, vehicles, pedestrians, and vistas. Live crown to clear trunk ratio should be no less than 50 percent when raising is completed. Structural pruning should be considered with raising according to ANSI standards. When raising, the desired clearance should be specified by the Project Manager or designee. Branches over paved areas should be shortened or removed to allow approximately 10' over sidewalks, 16' over travel lanes, or clearances specified by Project Manager or designee as practical. Over landscape areas and sidewalks, the limbs should be shortened or removed to allow for pedestrian and utility use. Trees within planting beds, an 8 foot clearance is required or as directed by the Project Manager or designee. • Shortening of branching is the desired method of attaining adequate clearance. C Page 13 of 20 .x® 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 1 6 A ? • When pruning is completed, approximately one-half of the foliage should originate from branches on the lower two-thirds of each tree. d. Reducing Pruning to reduce is the selective removal of branches and stems to decrease the height and/or spread of a tree or shrub. This type of pruning is done to minimize the risk of failure, to reduce height or spread, for utility line clearance, to clear vegetation from buildings, or structures, or to improve the appearance of the plant. Portions of the crown, such as individual limbs, can be reduced to balance the canopy, provide clearance, or reduce the likelihood of breakage on limbs with defects. Occasionally, the entire crown is reduced. Reducing or thinning should be considered if cabling would be performed. Crown reduction should be accomplished with reduction cuts, not heading cuts. 2. Structural Tree Pruning Structural tree pruning is the removal of live branches and stems to influence orientation, spacing, growth rate, strength of attachment, and ultimate size of branches and stems. The removal percentage is between 25 — 50 percent depending on the tree type. The structural pruning includes all basic tree pruning techniques listed below. Note: Refer to Best Management Practices "Tree Pruning" (Revised 2008) Companion Publication to ANSI A300 Part I: Tree, Shrub, and Other Woody Plant Maintenance- Standard Practices, Pruning: page 12 Figure 7. "Structural Pruning of a Small Tree" and Figure 8. "Structural Pruning to be done to ensure more sustainable growth patterns." a. It is used on young and medium aged trees to help engineer a sustainable trunk and branch arrangement. Pruning large-maturing trees such as oaks reduces certain defects and spaces main branching along one dominant trunk. b. One goal is to reduce the number of trunks so that a tree has a dominant leader extending well up into the crown creating a strong crown and durable form. c. Subordination can reduce branches, so they remain smaller than about half the trunk diameter, which helps prevent structural failure later. The subordinate or co-dominant stems are removed with structural pruning. d. Primary objective in subordination (shortening using a drop-crotch cut) is the removal of one side of a codominant leader. ■ Branches, trunks, or leaders not considered the main leader, two inch (2") diameter or as determined by the Project Manager or designee should be subordinated or removed. ■ The main leader shall not be subordinated or removed. Codominant leaders are considered to be two or more branches, trunks, or leaders of approximately the same size, originating in close proximity to one another. ■ If there is no stem considerably larger than others, then this would be appropriate to subordinate all but one of them. Project Manager or designee approval: Where there is an included bark as part of the condition, preference should be given to the removal of one side. Page 14 of 20 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 1 6 A 2 3. Palm Pruning Removal of fronds, flowers, fruit, stems, or loose petioles that may create a hazardous condition. Palms may be pruned for aesthetic reasons to eliminate sprouts and stems or dead fronds and seedpods. • Live healthy fronds should not be removed. If they must be removed avoid removing those that initiate above horizontal. Fronds removed should be severed close to the petiole base without damaging living trunk tissue. • Only those fronds with petiole drooping below horizontal 9:00-3:00 position should be removed. All seed pods should be removed including those originating among remaining fronds. When removing fronds and seedpods, care should be taken so those frond that are to remain are not nicked or wounded. • Climbing spikes shall not be used to climb palms for pruning. 4. Stump and Root Grinding Prospective Vendor must have technical knowledge, ability, and experience in grinding of stumps and roots to remove the root system and stump. 5. Deboot (Clean) Palm Trees (Parks & Recreation Department only) De-booting or slicking of palm trees is the removal of boots along the trunk of a palm. Complete boot removal and disposal of debris a requested service by the Parks & Recreation Department. Root Management Must possess a thorough knowledge and experience in root management, to include but not limited to air spade, structural pruning, diagnosis, and root management program. Palm Management The Contractor shall have knowledge and ability to treat palm diseases through drenches, foliar sprays, injection methods, and provide a fertilization program for palms. Tree Relocation Periodically, the County must relocate palms and trees within Collier County limits. The Contractor must have the knowledge and ability to root prune the tree(s) prior to relocation. In most cases, Maintenance of Traffic (MOT) will be required in order to perform this work safely. Most in depth information will be provided at the time that services are needed and County personnel will request a quote. Crew Contractor shall have crew size that is able to meet or exceed the requirements listed in the specifications with the following: • Crew Leader shall be familiar with all phases of tree trimming, rigging, and removals with knowledge of the standards as outlined by the International Society of Arboriculture (ISA) and the National Arborist Association. • Crew Leader must be able provide instruction and supervision to crew members in, but not limited to the following: safety procedures, climbing practices, tree pruning, tree removal, equipment operation and maintenance, electrical hazards, tree anatomy and identification. • Crew Leader shall maintain a good working relationship with the County and provide the required documentation (e.g., Division's internal work orders, Notice to Begin Work and:- Page 15 of 20 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 1 6 A 2 contractor's records of completed work for billing purposes) while maintaining high standards of quality workmanship and professionalism. • Crew Leader shall be able to safely operate and maintain all the equipment used in tree maintenance services. • Crews shall have the appropriate certifications and experience to perform services in the specifications. Such certifications are found on page 12 of this solicitation under Item P. Crew Communication Contractor shall provide a qualified English speaking crew leader/supervisor which shall be present and readily available to Department personnel and during business hours of operation at the work site. 1. Contractor Project Manager or designee shall be a singular point of contact with cellular phone and e-mail for on-site and off-site communication. • They must be able to meet on-site when requested and must be able to answer any questions regarding the work. ■ In the event they are unavailable there must be a secondary point-of-contact who can be available and able to answer questions and/or make decisions. ■ The Contractor's Project Manager or designee and the secondary point-of-contact must have Arborist certification. 2. There shall be no additional charges for attendance at any meeting. 3. On a twenty-four (24) hours basis, the Contractor may be required to travel to the site immediately to meet with the County Department representative, law enforcement, or emergency personnel to resolve an emergency. 4. The Contractor's Project Manager or designee shall respond to a telephone or emergency email within twenty-four (24) hours. • If a Contractor's designated point of contact does not answer an emergency call, the contractor will be reprimanded through our internal "Bernie" System for a missed emergency call. • If a contractor does not respond to three (3) emergency calls within a 12-month period, they will be deemed non-responsive and the contract may be terminated if the County deems it necessary. • Any exceptions will require approval from the Department representative. 5. Post-storm response time shall be as soon as it is safe to go out to the job site. If given the timeframe as set by maintenance representatives on pre-storm communication. c�B Page 16 of 20 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 161\ 2 Work Area Preparation/Inspection When preparing the work area, the Contractor must protect groundcover and any landscape material within the work area. If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees, or Subcontractor as determined by the Department Project Manager or designee they shall be replaced at the Contractor's expense. • The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. • It shall be the Contractor's responsibility to notify the Project Manager or designee of any diseased or sick palms and trees or additional pruning or corrective measures needed. • The Contractor shall perform inspections on all trees and palms for disease or insect infestation during the site visit or service to the site. The Contractor shall immediately notify the Project Manager or designee should a disease or infestation be found and recommend appropriate treatment per the Contract requirements. • The Contractor shall remove all trimmed and fallen debris the day of service and not stock pile debris in planting beds. Unforeseen Services In the event additional costs may be incurred which are not covered within the Contract specifications, a unit cost shall be negotiated and agreed upon by the Contractor, Procurement Services designee, and Project Manager or designee prior to performing additional services. Utilities Contractor shall be responsible to exercise caution while in the vicinity of utilities. Any damage to utilities will be the Contractor's responsibility. The Contractor shall be responsible to exercise caution while in the vicinity of utilities, when deemed necessary. It is the contractor's responsibility to always call Sunshine811 (811 or 1-800-432-4770) a few days before starting ay digging project. Any damage to utilities will be the Contractor's responsibility. Repairs/Damages Contractor shall be responsible in promptly repairing damages caused by Contractor's employees. All expense incurred shall be the Contractor's responsibility. Safety Contractor and personnel shall adhere to ANSI (American National Standards Institute) Z133 Safety Standard for arborists and their employees engaged in arboricultural operations for safety requirements to include but not limited to: general safety, electrical hazard, use of vehicles and mobile equipment, portable hand tools, hand tools and ladders, and work procedures. Contractor shall ensure equipment is OSHA approved and employees have been trained to perform services per OSHA guidelines. Maintenance of Traffic (MOT) MOT may be requested on an "as-needed basis." Contractor shall comply with the requirements of the County's Maintenance of Traffic (MOT) Policy. Copies are available through the County's Risk Management or Purchasing Department. Page 17 of 20 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 1 6 A 2 • Contractor shall obtain and review and obtain the County MOT policy requirements prior to submitting a bid. Upon approval of a MOT Plan and proper placement of lane closed signs, pre- warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic. Traffic Control/Lane Closures The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (MOT) Policy, copies of which are available through the Risk Management or Purchasing Department. The Contractor shall obtain and review the County MOT policy requirements prior to proposal submission. Upon approval of a MOT Plan and proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic. a. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. b. Contractor's employees shall wear high visibility approved attire when servicing work areas. c. A directional lighted and flashing arrow board will be required under this Contract that meets the traffic control requirements. d. The contractor must meet with Risk Management to discuss the proposed MOT prior to commencing work. Contact Ron Miller, Environmental, Health & Safety Manager Collier County Risk Management, Office: 239-252-8091, Cell: 239-821-9753. e. An onsite employee must be work zone certified and possess an Intermediate Work Zone Certification. This employee must provide copies of the onsite personnel's certificates to Risk Management and to the Project Manager or designee for Collier County. f. To insure safety, the MOT may require lane closures or a moving Maintenance of Traffic Process with an attenuator to meet the MOT specifications defined by Collier County's Maintenance of Traffic (MOT) Policy, which meets or exceeds the MUTCD and FDOT Roadway & Traffic Design Standards Indexes. g. The contractor shall not allow crew or equipment to cross the street at "midblock". The contractor must have a safe and systematic method of operations for trimming palms, trees, and shrubs along the roadway. This method must be discussed with Risk Management and the Project Management prior to bidding. h. The crew may utilize the beginning of the turn lane to stage equipment but still allowing traffic to turn. There is no parking in accordance with Florida Statute 316.1945 Stopping, standing, or parking prohibited in specified places. i. These areas where stopping, standing, or parking is prohibited include: • In front of a public or private driveway. • Within 15 feet of a fire hydrant. • Within 20 feet of a crosswalk at an intersection. • Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway. • Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted). • On an exclusive bicycle lane. e 9p Page 18 of 20 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 1 6 A 2 • At any place where official traffic control devices prohibit standing. j. Parking heavy equipment on sidewalks is not allowed. Sidewalks are to be kept clear for pedestrians at all times. k. The MOT signs shall move with the work zone to adequately warn motorists. MOT Signs should not be placed beyond signalized intersections. If your work zone goes beyond a signalized intersection, additional signage should be placed or signs moved to alert motorists who have just entered from a signalized intersection onto a roadway/median where work is being conducted. Lane Closure Lane closure for median maintenance shall be limited and adhere to the following: • Proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday. Work will not be scheduled on Saturday and Sunday, unless otherwise approved by the Project Manager or designee. • There will be no lane closures permitted during season (between Thanksgiving and Easter). The lane closure shall be indicated on the Weekly Maintenance Work Schedule, which is provided to the Project Manager or designee. • When working within any State or County roadway the contractor shall contact the Growth Management Department, Customer Service Specialist, or designee the Wednesday before lane closures are planned for Collier County's public road alert notification. A Road Alert form must be submitted (form provided by County). Notice to Begin Work (NTBW) for Weekly Services (Not applicable to all Departments) The Road Maintenance Division utilizes Cartegraph, an Operations Management System (OMS), which generates internal work orders in the scheduling of preventive maintenance, organizing and tracking inventory, and manages equipment costs while providing advanced reporting and analytics. • Prior to the Contractor proceeding with the "on as needed" services, the Project Manager or designee shall generate internal work order(s) on a monthly basis for weekly services that will be performed for specified month. The Project Manager or designee shall notify the Road Maintenance Contract Administration Specialist to generate the Notice to Begin Work (NTBW). • The Contract Administration Specialist or designee shall issue the NTBW to the Contractor. Each NTBW will have the work location, description of work to be performed, and the project start and end dates. • Work shall be completed within the timeline outlined by County staff. Any problematic incidences and/or complaints are to be written in a report to the County representative. General Maintenance Report Sheets The Contractor shall complete the "General Maintenance Report Sheets" on a weekly basis. The report sheets shall be signed and submitted on a weekly basis the day after service completion for a timely review by the County and it must be attached to the invoice on a monthly basis to the owner's appointed representative for review and approval as to completeness. • The General Maintenance Report Sheets are required to be signed by the Contractor and submitted prior to monthly billing and payment. Page 19 of 20 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 16 A 2 • The Contractor will be required to conduct on-site inspections with the Project Manager or designee on a weekly or monthly basis to verify satisfactory completion of Contract requirements. • Original forms for the report sheets will be provided to the Contractor for his reproduction purposes. Contractor's Weekly Work Schedule Contractor shall email the weekly work schedule to the Division's Project Manager or designee on Friday by close of business for the next week's work schedule. The schedule shall indicate the days and service locations. Please note: Any changes to the work schedule shall be made twenty-four (24) hours in advance of the next work day or no later than 7:00 a.m. the morning of the change. Equipment Requirements The equipment utilized shall be in good working condition, properly maintained, and designed and manufactured for the work required in the specifications. It shall be equipped with all safety devices available and must be properly maintained. The crews must be trained to safely use the equipment. To meet the scope of work requirements, the Contractor shall furnish the following equipment, but not limited to: • One (1) Aerial bucket truck (a minimum fifty (50') feet vertical reach) or similar equipment. • One (1) stump grinder • One (1) brush chipper • Saws: Chain, hydraulic, and circular • Traffic signage and traffic cones • Arrow board • Ladders and other equipment required to service the locations. Page 20 of 20 16-6610"Annual Contract for Landscape Maintenance" The Davey Tree Expert Company 1 6 A 2 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/03/2016 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). PRODUCER CONTACT MARSH USA INC. FAX 200 PUBLIC SQUARE,SUITE 1000 (A/C.No.Ext): (ac,No): CLEVELAND,OH 44114-1824 E-MAIL Attn:Cleveland.CertRequest@marsh.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 136031 RESICA KEEN INSURER A:Old Republic Insurance Company 24147 INSURED INSURER B: THE DAVEY TREE EXPERT COMPANY 1500 N MANTUA STREET INSURER C: KENT,OH 44240 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-005202340-03 REVISION NUMBER:5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVErBEEN 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 LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY X MWZY 308148 09/01/2016 09/01/2017 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR DAMAGE RENTED PREMISES O(Ea occurrence) $ _ 2,000,000 MED EXP(Any one person) _ $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X MWTB 308147 09/01/2016 09/01/2017 COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOSAUTOS X x NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION MWC 30814600(AOS) 09/01/2016 09/01/2017 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YN ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ 5,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 5,000,000 If yes,describe under 5,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A EXCESS WORKERS COMPENSATION MWXS 308149(CA,OH,NC,PA,WA) 09/01/2016 09/01/2017 WORKERS COMPENSATION STATUTORY EXCESS OF$5,000,000 SIR EMPLOYERS LIABILITY $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:CONTRACT#16-6610"ANNUAL CONTRACT FOR LANDSCAPE. COLLIER COUNTY GOVERNMENT IS(ARE)INCLUDED AS ADDITIONAL INSURED(S)AS RESPECTS GENERAL LIABILITY AND AUTOMOBILE LIABILITY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND ONLY AS RESPECTS OPERATIONS PERFORMED ON THEIR BEHALF BY THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY GOVERNMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ADMINISTRATIVE SERVICES DEPARTMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PROCUREMENT SERVICES DIVISION ACCORDANCE WITH THE POLICY PROVISIONS. 3327 TAMIAMI TRAIL EAST NAPLES,FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Luann M.Glavac dk4t.�►�.� +oYj /3Gs-«sti ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 16A 2 AGENCY CUSTOMER ID: 08670 _ 1 LOC#: Cleveland ACORD ADDITIONAL REM RKS SCHEDULE Page 2 of 2 AGENCY I NAMED INSURED MARSH USA INC. 1 1 THE DAVEY TREE EXPERT COMPANY 1500 N MANTUA STREET POLICY NUMBER KENT,OH 44240 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 Insura1lce Workers Compensation does not apply in MN.Coverage is obtained from Workers Compensation Reinsunce Association(W.C.R.A.)as required by the state.Minnesota Employers Liability is covered by policy number MWC 30814600.Excess Workers Compensation excludes the Care of Trees,Wolf Tree,and Wetland Studies. r 1 1 11 ©2008 ACORD CORPORATION. All rights reserved. ACORD 101 (2008/01) g The ACORD name and logo are registered marks of ACORD 16A 2 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CERTIFICATES OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART/FORM SCHEDULE Entity: "Cancellation Clause replaced in its entirety by the following:In the event of 1)Cancellation for other than nonpayment of premium;or 2)Material change that restricts or reduces the insurance afforded by any policy described above,the insurer affording coverage will mail notice 30 days before the date of cancellation or material change to the party named below*. Policy Number: MWZY 308148 The cancellation wording on all Certificates of Insurance is amended to read: The Cancellation Clause is replaced in its entirety by the following: In the event of: 1) Cancellation for other than rionpayment of premium;or 2) Material change that restricts or reduces the insurance afforded by any policy described above, the insurer affording coverage will mail notice 30 days before the date of cancellation or material change to the party named below. GL 385 023 0915 Page 1 of 1 Includes copyrighted material of insurance Sentres Office,Inc,with its permission, MWZY=148 The Davey Tree Expert Company 09101/2016-C9101/2017 16A 2 ILI0 (12/06) OLD REPUBLIC 1NSURANC COMPANY CERTIFICATES — AME ATORY ENDORSEMENT THE CANCELLATION WORDING ON ALL CERT' ICATES OF INSURANCE IS AMENDED TO READ: "CANCELLATION CLAUSE IS REPLACED IN IS ENTIRETY BY THE FOLLOWING IN THE EVENT OF 1) CANCELLATION FOR OT— THAN NONPAYMENT OF PREMIUM; OR 2) MATERIAL CHANGE THAT RESTRICTS OR DUCES THE INSURANCE AFFORDED BY THIS POLICY, THE rNSUREP. AFFORDING CO RAGE WILL MAIL NOTICE 30 DAYS BEFORE THE DATE OF CANCELLATION OR NA ERIAL CHANGE TO THE PARTY NAMED ON THE CERTIFICATE." A • FORM Wo7C308146 00 The Davey Tree Expert Company Policy Period: 9/1/16 to 9/1/17 Page 1 imsueercopy 16A 2 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CERTIFICATES OF INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Entity: The cancellation wording on all Certificates of lesurance is amended to read:"Cancellation Clause replaced in its entirety by the following: In the event oil)Cancellation for other than nonpayment of premium,or 2)Material change that restricts or reduces the insurance afforded by any policy described above,the insurer affording coverage will mail notice 30 days before the date of cancellation or material change to the party named below." Policy Number: MWTB 308147 The cancellation wording on all Certificates of Insurance is amended to read: The Cancellation Clause is replaced in its entirety by the following: In the event of: 1) Cancellation for other than nonpayment of premium;or 2) Material change that restricts or reduces the insurance afforded by any policy described above, the insurer affording coverage will mail notice 30 days before the date of cancellation or material change to the party named below. CA 385 005 0915 Page 1 of 1 includes copyrighted material of Insurance Services Ofrice Inc, Will its permisslon. MWTEI 308147 The Davey Tree Expert Company 09/01/2016-09/01/2017 16A2 CERTIFIED COPY OF RESOLUTIONS The following is a Certified Copy of Resolutions adopted by the Board of Directors of The Davey Tree Expert Company at their meeting on May 18,2016: RESOLVED,That the Chairman and Chief Executive Officer President and Chief Operating Officer Executive Vice President,Chief Financial Officer and ecretary Executive Vice President,U.S.Residential Operations Executive Vice President and Assistant to the President Executive Vice President and General Manager,Comm rcial Landscape Services and Operations Support Services Executive Vice President and General Manager,Davey ree Expert Co.of Canada,Limited Senior Vice President,Davey Resource Group and E m Utility Services Vice President and General Manager,Davey Tree Surgery Company Vice President and General Manager,The Davey Intito and Employee Development Vice President and General Manager,Northern Utility )perations Senior Vice President,Accounting and Finance 1 Controller Treasurer Assistant Secretary and Counsel be and each of them hereby is authorized,for and in the name e f this Company,to make proposals,bids,contracts and reports,and to execute other appropriate documents,all as the relate to the furnishing by this Company of services,goods, supplies,or merchandise,and each such officer is otherwise a thorized to take such action on behalf of this Company as in his judgment shall be necessary or appropriate to facilitate the •usiness of the Company and fulfill its commitments and obligations to customers,prospects and governmental authori es. RESOLVED,That the following persons will serve as office until their successors are duly elected: Chairman and Chief Executive Officer Karl J.Warnke President and Chief Operating Officer Patrick M.Covey Executive Vice President,Chief Financial Officer and Secretary Joseph R.Paul Executive Vice President,U.S.Residential Operations James F. Stief Executive Vice President and Assistant to the President Steven A.Marshall Executive Vice President and General Manager, Commercial Landscape Services and Operations Sup ort Services Dan A.Joy Executive Vice President and General Manager,Davey T ee Expert Co.of Canada,Limited James E.Doyle Senior Vice President and General Manager, Davey Resource Group and Eastern Utility Services Brent R.Repenning Vice President and General Manager,Davey Tree Surgery Company Lawrence S.Abernathy Vice President and General Manager,The Davey Institute and Employee Development Gregory M.Ina Vice President and General Manager,Northern Utility erations Mark J.Vaughn Senior Vice President,Accounting and Finance Nicholas R.Sucic Controller Thea R.Sears Treasurer Christopher J.Bast Assistant Secretary and Counsel Marjorie L.Conner The undersigned hereby certifies that he is duly elected Secretary of The Davey Tree Expert Company;that at a meeting of the Board of Directors of said Company,at which meeting a quorum of said Board was present and acting,Resolutions of which the foregoing are true and correct copies were duly adolted and are now in full force and effect as shown by the Corporate Records of said Company. IN WITNESS WHEREOF,I have hereunto set my hand this 25th day of October ,2016. D.... .1------ ___.----PZ,......._. __ Secretary STATE OF OHIO COUNTY OF PORTAGE Sworn to before me this 25th day of October ,2016. (iL) , 6-61-j€ € 0ty Pub'