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#20-7675 (The Davey Tree Expert Company)PROFESSIONAL SERVICE AGREEMENT # 20-7675 for PARKS TREE MAINTENANCE AND ARBORIST SERVICES THIS AGREEMENT, made and entered into on this day of ffia" 2020 , by and between The Davey Tree Enert Comoany '--op authorized to do business in the State of Florida, whose business address is 1500 North Mantua Street, Kent OH 44240 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: The Agreement shall be for a three (3 ) year period, commencing date of Board approval and terminating three year(s) from that date or until all outstanding Purchase Order(s) issued expiration of the Agreement period have been completed or terminated. ❑■ upon the (3 ) prior to the The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 0 Purchase Order ❑ Ne4ee-te-Fafeeeed ❑ We*-0fdef. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions ❑equest fOF ❑ (ITB) ❑■ Other Invitation for Qualifications ( IFQ ) # 20-7675 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■❑ The Contractor shall also provide services in accordance with Exhibit A -Scope of Services attached hereto. Page 1 of 14 Professional Service Agreement #2019-01 1 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3.4 ❑ ❑Othef 3.5 ❑■ The County reserves the right to specify in each Request for Quotations.. the period of completion, collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑■ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. II - - - 1-21 2. ,...- .._ ..-. ... .. .. ., �...-- --C_ N. .. C _. . - - s Page 2 of 14 Professional Service Agreement #2019-01 1 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 ❑ Re.;—k. hall be at the fellowkwj-fatesL 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is Page 3 of 14 Professional Service Agreement #2019-01 1 exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): The Davey Tree Expert Company 1500 North Mantua Street, Kent, OH 44240 Local address: 5515 Yahl Street, Naples, FL 34109 Richard Wiland District Manager (239) 357-3112 rich.wiland@davey.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Wiliams Division Name: Parks and Recreation Address: 15000 Livingston Rd Naples, FL 34109 Administrative Agent/PM: Matt Catoe Telephone: Operations Analyst E-Mail(s): matt.catoe@colIiercountygov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with Page 4 of 14 Professional Service Agreement 42019-01 1 all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows. - A. Al 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. Page 5 of 14 Professional Service Agreement #2019-011 01C__;kX)( w.. .. w.. .. w .. . .. - . - .. w. .. - ... ... .. - ..... �... w - roil - .16NKMOM - . .w per olsG „:enoa- fn Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other Page 6 of 14 Professional Service Agreement #2019-011 rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), X Exhibit A Scope of Services, ❑ Ri;�P4 ❑■ ITB/❑ Other Invitation for Qualifications # 20-7675 including Exhibits, Attachments and Addenda/Addendum, 0 subsequent quotes, and ❑ Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box will expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. Page 7 of 14 Professional Service Agreement #2019-01 1 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. Page 8 of 14 Professional Service Agreement 42019-011 0 If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. 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. 23. 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. 24. 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. 25. 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. 26. ❑ KEY PERSONNEL. ens the Page 9 of 14 Professional Service Agreement #2019-011 CAS% ❑E AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 27. ❑■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 28. 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. 29. 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 Page 10 of 14 Professional Service Agreement #2019-01 1 is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (Intentionally left blank -signature page to follow) Page 11 of 14 Professional Service Agreement #2019-011 0 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal Kinzel. Clerk of Courts of the Circuif.0oW &r(;-iriptroller Dte A Vtti�` . o Minds. Contract its as: 01� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: _ Burl L. Saunders Chairman The Davey Tree Expert Company Contractor Contractor's First WitnessiIpt�1 James tie , r ecutive Vice Pr+ Teresa M. Cole, Senior Contracts Administrator._. �Typelprint signature and titj _ AT�pefprinywitn s na Me~ 1 _ C �. Contractor's Second Witness Heather L. Micozzi. Paralegal ATypefprint witness names Ap o d as to FtyAtitorney and. egahty: �t o Aegj ^+PqnNime Page 11 of 14 Pro1"cs anal Sen icc Agreement aZ019-011 Exhibit A Scope of Services ❑ following this page (pages 1 through 3 ) ❑ this exhibit is not applicable Page 13 of 14 Professional Service Agreement #2019-011 0 ASSIGNMENT OF WORK All projects will be quoted to the qualified vendors using lump sum pricing. Quotes must be received within ten (10) business days or within timeframe dictated by project manager for non -urgent work requests. DETAILED SCOPE OF WORK Contractors must have knowledge and experience in hardwood 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. • Contractors shall have a certified arborist on staff to supervise and direct field personnel to ensure that all work is completed per specifications for hardwood tree maintenance services. • The services performed herein shall consist of the contractor furnishing all equipment, materials, tools, transportation, traffic controls, insurance, labor, and supervision for the Division. • 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 Following ISA Best Management Practices, this category is divided into four primary pruning methods which include: a. Cleaning, b. Thinning, c. Raising, and d. Reducing. 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 in 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. c. Raising Pruning to raise, elevate, or lift a canopy is the selective removal of branches to provide vertical clearance. Trees within planting beds, an 8-foot height clearance is required or as directed by the Project Manager or designee. 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. 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. 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 fronds that are to remain are not nicked or wounded. Exhibit A I OCAO • Climbing spikes shall not be used to climb palms for pruning. 4. Stump and Root Grinding Contractors must have the technical knowledge, ability, and experience in grinding of stumps and roots to remove the root system and stump. 5. Deboot (Clean) Palm Trees 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. Crew • 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. • Crews shall have the appropriate certifications and experience to perform services in the specifications. Crew Communication Contractors shall provide a qualified English-speaking crew leader/supervisor which shall be present and readily available to Division personnel and during business hours of operation at the worksite. • Contractors 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. 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 Division Project Manager or designee they shall be replaced at the Contractor's expense. • Contractors shall perform inspections on all trees and palms for disease or insect infestation during the site visit or service to the site. Contractors shall immediately notify the Project Manager or designee should a disease or infestation be found and recommend the appropriate treatment. o If a harmful pest is identified and needs treatment, quotes are required to be approved by Parks Field Supervisor or Project Manager before any treatments. • Contractors shall provide ramps or other devices to gain access over the curb in all parks. The curb or turf areas shall not be damaged due to gaining access, or they will be furnished and replaced at the Contractor's expense. Utilities Contractor shall be responsible for exercising caution while in the vicinity of utilities. Any damage to utilities will be the Contractor's responsibility. It is the contractor's responsibility to call Sunshine8l l (811 or 1-800-432-4770) before starting any digging project. Repairs/Damaees Contractor shall be responsible in promptly repairing damages caused by Contractor's employees. All expense incurred shall be the Contractor's responsibility. 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. • 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. 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. • Equipment List: Provide a list of all company -owned and leased equipment for this contract. Exhibit A 2 AO Uniforms and Identification Badees: The Contractor's employees shall be attired in distinctive, clean, and identifiable uniforms furnished by the Contractor. They shall be neat and clean in appearance. The uniform shall consist of a logo shirt and matching long pants. The contractor's employees shall also wear an identification badge, provided by Collier County, in plain sight and at all times. Any employee found without a badge and full uniform will be sent home and the Contractor shall be fined $100 per day per incident. No employee or supervisor shall be allowed to work in a County facility without a proper uniform and a County identification badge. The front of the employee identification badge shall have the employee's photo, the employee's name and the Contractor's company name. Exhibit A 3 CAO Other Exhibit/Attachment Description: ❑ following this page (pages through _) ❑■ this exhibit is not applicable Page 14 of 14 Professional Service Agreement #2019-01 1 ED A l /V�ZIJ CERTIFICATE OF LIABILITY INSURANCE DATE /2020 /YYYY) oa/2o/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA Inc. 200 Public Square, Suite 3760 Cleveland, OH 44114-1824 Attn: Cleveland.CeaRequest@marsh.com CONTACT NAME: PHONE FAX A/c No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Old Republic Insurance Company 24147 136031 RESICA Cole INSURED The Davey Tree Expert Company INSURER B : 1500 N. Mantua Street INSURER C : INSURER D : Kent, OH 44240 INSURER E : INSURER F rnVFRAf;FS CERTIFICATE NUMBER: CLE-006564527-15 REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR NUMBER POLICPOLICY MMIDDY/YYYY MM/DD//YYYY LIMITS A X COMMERCIALGENERALLIABILITY X MWZY31404219 09/01/2019 09/01/2020 EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE Px� OCCUR DAMAGE TO RENTED PREM SES (E. occur ence)$ 5,000,000 MED EXP (Any one person) $ 25,000 PERSONAL& ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY ❑ PRO ❑ LOC N PR ODUCTS - COMP/OP AGG $ 5,000,000 0JECT 1 $ OTHER: A AUTOMOBILE LIABILITY X MWTB 314041 19 09/01/2019 09/01/2020 COMBINED SINGLE LIMIT Ea accident $ 5,000,000 BODILY INJURY (Per person) $ AUTO OWNED SCHEDULED XIANY AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y� OFFICER/MEMBEREXCLUE (Mandatory In NH) N / A MWC 31404019 (AOS) 09/01/2020 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 5,000,000 E.L. DISEASE - EA EMPLOYEE $ 5,000,000 E.L. DISEASE - POLICY LIMIT $ 5,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below A EXCESS WORKERS COMPENSATION MWXS 31404319 (CA, OH, PA, INC, WA) 09/01/2019 09/01/2020 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: #20-7675 Parks Tree Maintenance & Arborist Services Collier County Board of County Commissioners or Board of County Commissioners in Collier County, or Collier County Government or Collier County 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. Coverage shall be primary to the Additional Insured and not contributing with other insurance as respects above referenced General Liability policy and Automobile Liability policy -owned autos only. r F=0TIFIr ATF wni r1FR rANCF1 I ATICIN Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail E. ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Luann M. Glavac ptLs,w.., 0►7 '6�esti @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD G 'O AGENCY Marsh USA Inc. POLICY NUMBER CARRIER ADDITIONAL REMARKS AGENCY CUSTOMER ID: CN101565730 LOC #: Cleveland ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED The Davey Tree Expert Company 1500 N. Mantua Street Kent, OH 44240 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers Compensation does not apply in MN. Coverage is obtained from Workers Compensation reinsurance association (W.C.R.A.) as required by the state. Minnesota Employers Liability is covered by policy number MAC 31404019. The following entities are NOT self insured in these states: The Care of Trees, Wolf Tree, S&S Tree, Wetland Studies and Solutions, Conservation Land Stewardship, DRG Engineering and Arborguard Tree Specialists, Page 2 of 2 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD