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Agenda 09/22/2020 Item #16F 3 (Termination of Contract #19-7513 Safe & Green, Inc.)
09/22/2020 16.F.3 EXECUTIVE SUMMARY Recommendation to terminate for convenience Agreement No. 19-7513 with Safe and Green Inc., d/b/a Monster Tree Service of Southwest Florida for Pelican Bay Tree Pruning. OBJECTIVE: To obtain Board approval to terminate for convenience Agreement No. 19-7513 (the "Agreement"), with Safe and Green Inc., d/b/a Monster Tree Service of Southwest Florida ("Monster Tree") for Pelican Bay Tree Pruning. CONSIDERATIONS: On May 28, 2019 (Agenda Item 16.17.3), the Board approved the Agreement with Monster Tree to provide tree pruning services for the Pelican Bay Service Division. Staff is requesting Board approval to terminate the Agreement for convenience as per numbered paragraph ten (10) of the contract, which provides that the County may terminate this Agreement for convenience with a thirty (30) day written notice. (see proposed Notice to Terminate Letter, attached) This agreement arose from a solicitation scope prepared by the previous operations manager, and it does not meet the current operation staff s goals for tree maintenance. In the short time the Agreement has been in use, staff has experienced several billing issues with this vendor. Staff will be utilizing a cooperative (piggyback) contract through the City of Naples while it determines the Pelican Bay Service Division's requirements for these services. FISCAL IMPACT: It is anticipated that utilizing the cooperative (piggyback) contract through the City of Naples will result in decreased operating expenses due to the billing structure. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.-SRT RECOMMENDATION: To terminate for convenience Agreement No. 19-7513 with Safe and Green Inc., d/b/a Monster Tree Service of Southwest Florida for Pelican Bay Tree Pruning and authorize staff to send the attached Notice to Terminate Letter to the vendor. Prepared By: Chad Coleman, Operations Manager, Pelican Bay Services Division ATTACHMENT(S) 1. 19-7513 Safe&Green dba MonsterTreeServiceOf SWFL_Contract (PDF) 2. 19-7513 Termination Ltr Signed (PDF) Packet Pg. 1884 16.F.3 09/22/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.3 Doe ID: 13381 Item Summary: Recommendation to terminate for convenience Agreement No. 19-7513 with Safe and Green Inc., d/b/a Monster Tree Service of Southwest Florida for Pelican Bay Tree Pruning. Meeting Date: 09/22/2020 Prepared by: Title: — Pelican Bay Services Name: Karin Herrmann 08/25/2020 4:04 PM Submitted by: Title: Project Manager, Associate — Pelican Bay Services Name: Lisa Jacob 08/25/2020 4:04 PM Approved By: Review: Procurement Services Procurement Services Procurement Services Corporate Business Operations County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Opal Vann Level 1 Purchasing Gatekeeper Sue Zimmerman Additional Reviewer Sandra Herrera Additional Reviewer Sean Callahan Executive Director - Corp Bus Ops Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Geoffrey Willig Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 08/26/2020 9:16 AM Completed 08/26/2020 9:24 AM Completed 08/26/2020 2:21 PM Completed 09/07/2020 8:06 AM Completed 09/08/2020 2:37 PM Completed 09/08/2020 3:19 PM Completed 09/09/2020 12:52 PM Completed 09/11/2020 4:20 PM Completed 09/16/2020 9:02 AM 09/22/2020 9:00 AM Packet Pg. 1885 16.F.3.a FIXED TERM SERVICE AGREEMENT # 19-7513 for Pelican Bay Tree Pruning THIS AGREEMENT, made and entered into on this day of Moj 2019 , by and between Safe and Green Inc. d/b/a Monster Tree Service of Southwest Florida , authorized to do business in the State of Florida, whose business address is 3710 3rd Ave SW Naples Florida 34117 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three year period, commencing ❑■ upon the date of Board approval or ❑-ol I and terminating on three (3 ) year(s) from that date or until all outstanding Purchase co Order(s) issued prior to the expiration of the Agreement period have been completed or M terminated. r 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 ❑i Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ,QoMuest-for Proposal 1D? D) *invitation to Bid (ITB) ❑ Other �_) # 19-7513, including 'V LI.1 t�rl 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 17 Fixed Term Service Agreement #2017-002 (Ver.1) i Packet Pg. 1886 16.F.3.a 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. 4. THE AGREEMENT SUM, The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): 0 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. FE-1 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). 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. Page 2 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1 a87 16.F.3.a Reimbur-seme-nts e-aMe-felto�.-Ang4ate . 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 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: Safe and Green Inc. Company Name: d/b/a Monster Tree Service of Southwest Florida Address: 3710 3rd Avenue SW Naples, Florida 34117 Authorized Agent: David Scott Arbuckle Attention Name & Title: Telephone: (239) 207-1231 E-Mail(s): sarbuckle@whymonster.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1888 16.F.3.a Board of County Commissioners for Collier County, Florida Division Name: Division Director: Address: Pelican Bay Services Division Neil Dorrill 801 Laurel Oak Drive, Suite 302 Naples, Florida 34108 Administrative Agent/PM: Marion Bolick Telephone: (239) 450-4920 E-Mail(s): Marion. Bolick@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon 0 giving the other party written notification. All notices under this Agreement must be in E E writing. U aD 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 co agent of the County. r 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits L necessary for the prosecution of the Work shall be obtained by the Contractor. The County o will not be obligated to pay for any permits obtained by Subcontractors. Ui Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, 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. Page 4 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1889 16.F.3.a 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 sole judge of the 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. 0 Commercial General Liability: Coverage shall have minimum limits of co $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. O 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. R Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. B- ❑efessiar� 6ia+ta�- Page 5 of 17 Fixed Term Service Agreement #2017-002 (Ver.l ) Packet Pg. 1890 16.F.3.a 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 t maintained by Contractor during the duration of this Agreement. The Contractor shall 2 provide County with certificates of insurance meeting the required insurance provisions. c Renewal certificates shall be sent to the County thirty (30) days prior to any expiration 2 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. E Contractor shall also notify County, in a like manner, within twenty-four (24) hours after E receipt, of any notices of expiration, cancellation, non -renewal or material change in U coverage or limits received by Contractor from its insurer, and nothing contained herein 0� shall relieve Contractor of this requirement to provide notice. co Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Page 6 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Gc Packet Pg. 1891 16.F.3.a 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Pelican Bay Services Division 15, CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Fm] Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ Y-PP4 FE-1 ITB/❑ 9thep # 19-7513 , including Exhibits, Attachments and Addenda/Addendum, ❑ s l n� ink o�nA ❑ fi�hor C hihi�/A��'+nhmor� 17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between co the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: Page 7 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) -- (09) Packet Pg. 1892 16.F.3.a 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: E 1. Keep and maintain public records required by the public agency to perform the E 0 aD 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 co inspected or copied within a reasonable time at a cost that does not exceed the r 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 o 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. U- 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 4- 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, L the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Iv Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. y 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 i 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 6 12 the discretion to unilaterally terminate this Agreement immediately. y 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. Page 8 of 17 Fixed Term Service Agreement #2017-002 (Ver.l) 61p) Packet Pg. 1893 16.F.3.a 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after E three (3) days written notice, rectify the same at Contractor's expense. The County also a may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this AgreementCO or any other Agreement between Contractor and the County. M T 23. � CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. - :- _ • MO - t - - -- - • - - - • _ Page 9 of 17 Fixed Term Service Agreement 42017-002 (Ver.l ) Packet Pg. 1894 16.F.3.a 26. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. FMR PROTECTION OF WORK. oo M M A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. Page 10 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1895 16.F.3.a 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or E otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. c 31, ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this U ° Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. E 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good 2 faith effort to resolve any such disputes by negotiation. The negotiation shall be attended c 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 E in any litigation between the parties arising out of this Agreement, the parties shall attempt o 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 co make the presentation of any settlement reached at mediation to County's board for M 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. L 33. VENUE. Any suit or action brought by either party to this Agreement against the other o party relating to or arising out of this Agreement must be brought in the appropriate federal Ji or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction U_ on all such matters. r , - _ �r _ _rr._0 _ r_ - •r_ _r r• r _ R 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. Page 11 of 17 Fixed Term Service Agreement #2017-002 (Ver.l) Packet Pg. 1896 16.F.3.a 35. 0 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. r —WMWN— �. w .— w. r r �L •.-. . - -/ ►— - .• .11 M E.• �w.—• r rC.w - - - - - . . .. I� ♦ ..- - •• ... w - . - •A.. - w• - �w ww- w.- • rww • L . - .w w ■w- -w wLw �.- �w � n.. w - � � 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this 0� Agreement, or any part herein, without the County's consent, shall be void. If Contractor co does, with approval, assign this Agreement or any part thereof, it shall require that its M assignee be bound to it and to assume toward Contractor all of the obligations and r responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Page 12 of 17 Fixed Term Service Agreement #2017-002 (Ver.l ) Packet Pg. 1897 16.F.3.a 38. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. co M M (Intentionally left blank -signature page to follow) r Page 13 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) OR) Packet Pg. 1898 1 6.F.3.a IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K: Krnzel, Clerk of Courts & Comptroller By: k, At. Dated: t61'60i'ti A' Conf"T messes: Co ract©r' First Witness � ' � enit f-- TType/print witness nameT oritractor' Second Witness TType/ rint witness nameT App(oved as topgrrr and Legality: Attorney Print BOARD OF C NTY COMMISSIONERS COLLIER C ORIDA c° {3y. Liam I wnnniel Jr- Chairman Safe and Green Inc d/b/a Monster Tree Service of Southwest Florida Contractor Sy,co l /, " at r TType/print signature and titleT Page 14 of 17 Fixed I'm) Service Agreement 112017-002 (Ver.I) 0, 1E Packet Pg. 1899 1 6.F.3.a Exhibit A Scope of Services FO-1 following this page (containing 5 pages) ❑ this exhibit is not applicable 00 M M Page 15 of 17 Fixed Term Service Agreement #2017-002 (Ver.l ) i Packet Pg. 1900 1 6.F.3.a 19-7513 "Pelican Bay Tree Pruning" SCOPE OF SERVICES I.Sco_pe of Work To provide all labor, supervision, equipment, services, and expertise necessary to perform landscape tree maintenance work on specified trees in Collier County property as specified herein. Since this work is of a potentially dangerous nature, and requires special expertise, it is to be performed by a contractor that derives a majority of its annual income from arboricultural work and whose employees are highly trained and skilled in all phases of tree service work. Contractors must have been in business for at least five years. Collier County will require proof of Contractor's involvement in tree service work. The contractor has the responsibility to: II.Definitions A. ANSI A300: The ANSI A300 Series comprises the Standard Practices for Trees, Shrubs, and Other B. Woody Plant Maintenance. ANSI Z-133: American National Standard of Tree Worker Safety. E 0 C. Certified Arborist: A certified arborist is defined as an individual who possesses a valid Certified Arborist credential, or a valid Board Master Arborist credential from the International Society of D. Arboriculture. Collier County Administrator: Marion Bolick or his designated representative will administer the 00 M technical aspects of this tree pruning and removal contract. E. Contractor: A company that earns the majority of its annual revenue from pruning and maintaining L trees. Contractor must employ or have a contract with an ISA Certified Arborist and/or a Board Master c Arborist, who is on each job site at all times providing direct supervision. v F. DBH: DBH is the diameter measurement of the tree at 4.5 feet above grade. If there is a swelling at 4.5 _I feet the tree should be measured at smallest point on the trunk below 4.5 feet. G. Deadwood removal: Removal of all dead branch tissue from the tree without injuring the collar. If the O branch is small or severely decayed, you might be able to simply break the dead branch from the tree. This often allows you to remove more of the dead tissue inside the edge of the collar. Do not break theit dead branch if this could injure the collar. See ANSI A-300 (part 1) for more information. 0 H. Reduction cut: A reduction cut (also referred to as a drop -crotch cut) shortens a branch by removing a d stem back to a lateral branch that is large enough to resist extensive disfunction and decay behind the i cut. This is generally interpreted as cutting back to a lateral branch that is at least one-third the diameter 21 of the cut stem. Sprouts commonly follow a reduction cut. In most cases these should not be removed c because they help the retained portion of the branch retard decay. See ANSI A-300 (part 1) for more I. information. Stub Cuts, Topping Cuts, Heading Cuts: When a cut is made between lateral branches or where the branch that remains is less than about one-third the diameter of the cut stem, the cut is considered a stub d cut, topping cut, or heading cut. These cuts are not considered appropriate in most instances in the L 6 landscape. Heading cuts are sometimes necessary when attempting to restore trees following storm damage. See ANSI A-300 (part 1) for more information. co III.Work Procedures A. Equipment: Contractor must have in their possession or available to them by formal agreement at the time of bidding: trucks, devices, chippers, hand tools, aerial and other equipment, and supplies which are necessary to perform the work as outlined in these specifications. Collier County may inspect such equipment or agreements prior to the awarding of a contract. B. Tree Location: Work is limited to trees located on Collier County PBSD managed property. Pruning and removal operations will commence no later than fifteen (15) days after the contract has been awarded. Exhibit A Page 1 of 5 .1 Packet Pg. 1901 1 6.F.3.a The Contractor will be responsible for notifying the appropriate utility authorities before working on trees growing in or near utility wires. Contractor will be responsible for any damage to utilities during the removal or pruning process. C. Supervision: Contractor should consult with the Collier County representative concerning details of scheduling of all work. Contractor must have a competent person in charge of their work at all times to whom Collier County may issue directives and who shall accept and act upon such directives. Failure for the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of contract unless such directives would create potential personal injury of safety hazards. Collier County requires an ISA Certified Arborist or Board Master Arborist on the job site and directing the work at all times, and requires the Arborist's ISA certification number in this bid. D. Inspections: Collier County will inspect work at its discretion. Immediate correction of any work not done to industry standards as noted by Collier County will be communicated to the contractor and will be performed by the contractor at no additional expense to Collier County. E. Tree Damage: Climbing irons, spurs, or spikes are not to be used on trees or palms to be pruned. Any tree damage caused by Contractor must be repaired immediately at no additional expense to the satisfaction of Collier County. Trees damaged beyond repair, as judged by Collier County, are removed at no expense to Collier County and replaced by a tree of size and species designated by Collier County at no additional expense to Collier County or the dollar value of such damaged trees, as determined by Collier County, is deducted from the monies owed the Contractor. F. Traffic Control: The contractor shall be solely responsible for pedestrian and vehicular safety and control within the work site and shall provide the necessary warning devices, barricades, and personnel needed to give safety, protection, and warning to persons and vehicular traffic within the area. MOT (maintenance of traffic) shall adhere to Collier County standards. G. Utility Agencies: Utility agencies will be contacted by Contractor any time assistance is needed to work safely around overhead or underground installations. Tree trimming and removal operations may be conducted in areas where overhead electric, telephone, and cable television facilities exist. The Contractor shall protect all utilities from damage, shall immediately contact the appropriate utility if damage should occur, and shall be responsible for all claims for damage due to his operations. The Contractor shall make arrangements with the utility companies for removal of all necessary limbs and branches that may conflict with or create a personal injury hazard in conducting the operations of this contract. All workers engaged in work activities where overhead powerlines are present shall be EHAP Trained. Proof of individual EHAP training shall be provided upon request. H. Safety: Work shall conform to the latest revision of American National Standards Institute Standard Z- 133.1 (Safety Requirement for Pruning, Trimming, Repairing, Maintaining, Removing Trees, and for Cutting Brush), 1. Clean Up: Clean-up procedures are completed within two hours after debris has been placed around the site of each tree requiring pruning or removal. The work site is to be left equal to or cleaner than pre - work conditions. It shall be the responsibility of the Contractor to remove and dispose in a proper and acceptable manner all logs, brush, and debris resulting from the tree maintenance operations. Wood may be left for residents at the residents' request, but wood not taken must be disposed of in a timely manner J. Damages: Damage done by the Contractor to any person or property, public or private, are the total responsibility of the Contractor and are repaired or compensated for by the Contractor to the satisfaction of both injured party and Collier County at no cost to Collier County. IV. Work Specifications and Procedures A. Hardwood Tree Pruning Specifications: 1. Pruning shall conform to latest revision of ANSI A-300 (part 1). 2. In general, trees are pruned to allow for development or maintenance of the trees' natural growth habit. 3. All cuts shall be made as close as possible to the trunk or parent limb, without cutting into the 00 M M Exhibit A Page 2 of 5(CA Packet Pg. 1902 1 6.F.3.a branch collar or leaving a protruding stub. Stub cutting or topping cuts are only permitted with m permission of County officials, on damaged trees where pruning as described above would = remove an inordinate amount of wood from the tree. a 4. Bark at the edge of all pruning cuts should remain firmly attached. 5. All branches too large to support with one hand shall be precut to avoid splitting or tearing of the c bark. 6. Where necessary, ropes or other equipment should be used to lower large branches or stubs to L the ground. B. General Pruning Objectives: Reduce potentially hazardous conditions in trees and improve tree structure c by: Removing dead branches, Reducing the weight of branches or stems that have weak attachments d (included bark), Reducing the weight toward the ends of all but one codominant stem to encourage c growth in the central leader. Provide access clearance over and near roads, sidewalks, and signage. c 1. General Pruning Procedures A properly pruned tree is one that looks like it was not pruned at all. i. Each tree should be evaluated prior to pruning to determine the fewest number of 3 to 6 inch diameter cuts to accomplish the intended pruning goal for that tree. E ii. Pruning techniques: Pruning cuts on trees and palms shall be in accordance with ANSI c A300 (Part 1) Pruning standards. a) W iii. Remove no more than 20 percent of live foliage from the tree unless indicated below V.- iv. No young trees less than 10 inches trunk diameter (measured at DBH) shall be pruned M with exception of required elevation pruning over roads, sidewalks, and signage clearance. v. Live branches less than 1.5 inches diameter (measured at the smallest point near base of the branch) should not be removed. vi. No live branches greater than 8 inches diameter shall be removed from the tree without 0 vi authorization from Collier County vii. Dead branches greater than 1 inch in diameter (measured at the smallest point near base J U. � of the branch) shall be removed from the canopy of all trees. 4- viii. All trees and palms, regardless of size, growing proximal to roads and sidewalks and 2 regulatory signage shall be pruned to provide 16 feet of clearance over all roads and 8 .it feet of clearance over sidewalks and provide clear visibility to all regulatory signage. � d d L 2. Specific Hardwood Tree Pruning Procedures i. Weight on main scaffold limbs with included bark shall be reduced by approximately d N one-third by removing some secondary branches toward the ends of the limbs and/or by removing the end of the branch using a drop -crotch cut. i ii. If a medium -aged tree (less than 30 inches trunk diameter) divides into two or more codominant leaders of about equal size in the bottom two-thirds of the tree, reduce the end weight by approximately one-third (you can adjust this percentage depending on the d size hole in the canopy) using drop -crotch and thinning cuts on all stems but the one that you believe could become the strongest and most dominant leader. To accomplish this, 6 remove branches growing toward the center and leave those that are oriented y outward. Use mostly thinning cuts, not drop -crotch cuts, on larger trees. This process can r take several years of repeated pruning's to accomplish. (Note: On many trees, you may to not be able to perform all of this because you cannot remove more than 20 percent of the a, foliage. Make a note of this on the site map). iii. Identify those trees that have included bark in the crotches between codominant stems. Make a note of these on the site map. These trees will be evaluated by another s arborist for possible rodding. Rodding will be performed under separate contract. Identify limbs and trunks with vertical cracks. Make a note of these conditions a Exhibit A Page 3 of 5 Packet Pg. 1903 1 6.F.3.a on the site map. Make a note of trees with obvious circling roots. These will be further as evaluated and repaired in a separate contract. _ iv. If less than 20 percent of the foliage was removed on a mature tree following procedures 2D 1 and 2 above, reduce the canopy to allow more light to reach the ground under the tree. The foliage removed shall be taken from the outer edge of the canopy, not from the c interior. Interior branches shall be left on the tree. Do not remove water sprouts from the L interior of the tree. v. Crowns of trees that were storm damaged or topped will be restored to improve structure and form. Remove or shorten all sprouts except one, which will become the dominant =_ stem at that point. You may remove up to 30 percent of the foliage when performing this restoration work. c vi. Remove, or abate with weight reduction, defects on branches that may lead to failures. c Examples include: cracked branches, rubbing branches, branches weakened by disease, abrupt bends, and more. 3. Palm Pruning i. Palms shall be pruned to remove brown or browning fronds only. No green fronds should E be removed. All flower or fruits stalks shall be removed with a hand saw when C U encountered. Do not pull or tug on fronds to remove them. All fronds shall be sawn off cleanly with a hand saw or small chain saw. Cabbage palm fronds shall be removed several inches outside the "Y" attachment. Canary Island Date palms shall be pruned only 00 with a small chain saw or a new hand saw only. Pursuant to Collier County Code at no time shall any palm be pruned higher than 9 and 3 o'clock position regardless of frond color. L 4, Strangler Fig Trees and Dodder Vine Removal c i. Strangler fig trees and dodder vine shall be removed from all trees and palms when V encountered. Strangler figs should be pulled or cut out if wrapping around tree parts. -J Dodder vine should be removed by removing the limb in which it is attached. Dodder � vine may not be disposed of at the 6200 Watergate Way facility. 4- 5. Seagrape Maintenance 4) i. All seagrape trees shall be reduced to about 10 feet in height and 15 feet of spread in .2 using naturalistic drop crotch and reduction pruning cuts. Do not hedge seagrape trees to � achieve the size objectives. L 6. Tools and equipment Climbing spurs shall not be used when climbing trees, except to climb a tree that is to be N removed or to perform an aerial rescue of an injured worker. Equipment and work practices that c damage bark or cambium should be avoided. Rope injury from loading out heavy limbs should be avoided. i. Use of aerial lift bucket truck or directly climbing trees with rope and saddle are the only c acceptable methods of gaining access to trees. d ii. If, while pruning a tree, a problem which suggests that the tree should be removed is discovered, Contractor shall notify Collier County of the problem and waits for Collier 6 County decision before resuming work on that tree. CO iii. Tree wound dressing shall not to be used. All pruning tools are to be cleaned thoroughly with alcohol, hydrogen peroxide, or chlorine bleach before working on a tree and, on LO trees known to be infected with diseases such as ceratocystis, hypoxylon canker, or a, verticillium wilt, after each and every cut. iv. Equipment that will damage the bark and cambium layer shall not be used on or in the trees. For example, the use of climbing spurs (hooks or irons) is not an acceptable work s practice for pruning operations on live trees. Sharp tools shall be used so that clean cuts will be made at all times. a Exhibit A Page 4 of 5 nCAO Packet Pg. 1904 1 6.F.3.a v. All cut limbs shall be removed from the crown upon completion of the pruning. Clean-up of branches, logs, or any other debris resulting from any tree pruning shall be promptly and properly accomplished. The work area shall be kept safe at all times until the clean- up operation is completed. C. Stump Grinding In the event that stumps are created or discovered, all stumps will be ground out to a depth of 6 inches below the normal surface level including all surface roots. Immediately after grinding each stump, the grindings must be removed from the work area. Adjacent sidewalks, lawns, streets, and gutters will be cleaned. Holes in the ground are not to be left open overnight without barricades. Holes will be filled by Collier County. D. Disposal of debris. All debris, with the exception of Dodder Vine, shall be chipped and taken to 6200 Watergate Way and unloaded. Dodder Vine shall be taken off Pelican Bay property and properly disposed. * * * All hardwood and palm fronds should be chipped and unloaded at 6200 Watergate Way. No dodder vine shall be disposed of on Pelican Bay property. * * * Any other Collier County departments using this contract will need to make their own arrangements with 00 the contractor for disposal M * * * Contractors shall adhere to Collier County MOT *** All Material and equipment mark-ups will not exceed 10 percent. *** All Subcontractor mark-ups will not exceed 15 percent. Exhibit A Page 5 of 5 ��CA Packet Pg. 1905 1 6.F.3.a Exhibit B Fee Schedule following this page (containing I page/s) 00 M M Page 16 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) OCAO Packet Pg. 1966 1 6.F.3.a 19-7513 "Pelican Bay Tree Pruning" EXHIBIT B- FEE SCHEDULE Pricing must be all inclusive. Mark up for any equipment, etc shall be 10%. Documentation of awardees' cost must be provided with actual invoice from the supplier. If a sub -contractor is required the mark-up shall be 15%. After hours will be calculated at 1 and 1/2 time. After hours are considered before 7:00 AM and after 5:00 PM. Normal business hours are considered between 7:00am and 5:00pm. The Holiday Schedule is listed under the Excel Tab as Holiday Schedule. Pruning of Hardwood Trees to include Full Pruning, Structural Pruning, Storm Damage Repair, Hazard Removal, and Elevation Pruning Personnel Positions Price Per Hour Supervisor $ 35.00 General Laborer $ 25.00 Certified Arborist $ 75.00 Palm Pruning Price Per Palm Price to Prune one Palm Tree $ 12.50 Dodder Vine and Strangler Fig Removal Price Per Hour Supervisor $ 35.00 General Laborer $ 25.00 Sea ra a Pruning Price Per Hour Supervisor $ 35.00 General Laborer Is 25.00 Stump Grinding EA Stumps Less than 12 inches in diameter $ 20.00 Stumps 12-24 inches in diameter $ 40.00 Stumps 25-36 inches in diameter $ 60.00 Stumps greater than 36 inches $ 80.00 Maintenance of Traffic (for roadway work -includes ,equipment, set tip and breakdownper occurrence $ 175.00 ***All material and equipment mark-ups will not exceed 10 percent. ***All Subcontractor mark-ups will not exceed 15 percent. oo M M CAO Packet Pg. 1907 1 6.F.3.a Other Exhibit/Attachment Description: ❑ following this page (containing pages) ❑M this exhibit is not applicable 00 M M Page 17 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) GCAO Packet Pg. 1908 I 1 6.F.3.a I -�-� SAFEA-1 AC�U►R!a' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)04/30/2019 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 239-649-1444 CONTA NAME•CT William H. Kuhlman, CPCU, ARM Insurance and Risk Management PHONE 239-649-1444 FAX 239-649-7933 (A/c, No, Ext): (A/C, No): Services, Inc. 8950 Fontana Del Sol Way #200 ADORIE S• Naples, FL 34109-4374 William H. Kuhlman, CPCU, ARM INSURERS AFFORDING COVERAGE NAIC # INSURERA:Evanston Insurance Company 35378 INSURED Safe and Green, Inc. INSURERB:Southern-Owners Insurance Co. 10190 dba Monster Tree Service 3710 3rd Avenue Southwest INSURERC: Naples, FL 34117 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE occuR y 3AA308191 10/17/2018 10/17/2019 EACH OCCURRENCE $ 1,000,00C DAMAGE TO RENTED E E occ 100,000 $ _ MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PECOT- LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ Included $ B AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY y 5207201400 11/30/2018 11/30/2019 Ee E31N D SINGLE LIMIT $ 1 ,000,00C BODILY INJURY Per person)$ BODILY INJURY Per accident $ RROaP.RdTY'DAMAGE $ UMBRELLA LIAB EXCESS LIAB. OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ (Mandatory min E EXCLUDED9 ) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER OTH- E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability policies on a primary and non- contributory basis if and to the extent required by written contract. COLLB02 Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. T_ tb M M The ACORD name and logo are registered marks of ACORD Packet Pg. 1909 1 6.F.3.a m m m 0 L 0 _ E L d ++ 0 i+ _ 0 d E E 0 u Nd LPL M T LO T _ Cd G t 0 y.+ Q Packet Pg. 1910 0VVftA ELOM AWORKEKCOYPELbM ``- "ff UNDERBRMG ASSOCL4TgN, INC. 16.F.3.a FWCJUA P.O. BOX 5600 HARTFORD CT 06102-5600 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL E NAPLES FL 34112 Roof m CERTIFICATE OF INSURANCE (On Reverse) Packet Pg. 1911 16.F.3.a A� CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYYY) 05/07/2019 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: it the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT INSURANCE AND RISK MGNT NAME: PHONE FAx 8950 FONTANA DEL SOL WAY #200 AIC,No, Ext: AIC,No: E-MAIL ADDRESS: NAPLES FL 34109 78WYR INSURERS AFFORDING COVERAGE NAIC q INSURER A: FLORIDA W.C. JUA INSURED INSURER B: SAFE AND GREEN INC DBA MONSTER TREE SERVICE INSURERC: INSURER D: 3710 3RD AVENUE SOUTHWEST INSURERE: NAPLES FL 34117 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSS LTR TYPE OF INSURANCE ADDL INSD SUER WVO POLICY NUMBER POLICY EFF MMIDDIYYYY) POLICY EXP (MM1DDNYYY1 LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ — _ TED PREM SESOEa oc urmnce MED EXP (Any oneperson) $ PERSONAL R ADV INJURY GENTAGGREGATELIMIT APPLIES PER: POLIC PROJECT LOC GENERAL $ PRODUCTS - COMPIOP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS SCHEDULED ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY Ea 13INEDtSINGLE LIMIT $ BODILY INJURY Perperson) S BODILY INJURY Per accident S PROPERTY DAMAGE Per accident $ UMBRELLA LIAS EXCESS LU18 OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDI IRETENTION $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORJPARTNERJEXECUTIVE OFFICERIMEMBER EXCLUDED? YIN (Mandatory In NH) Y If yea, describe under DESCRIPTION OF OPERATIONS below N/A N (6FR13UB-6G45880-0-18) 10-17-18 10-17-19 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,001 E.L.DISEASE-EA EMPLOYEE _.._...,..._ $ 1,000,00( E.L. DISEASE -POLICY LIMIT 1,000,00( DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space Is required) CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL E NAPLES FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. J* REPRESENTATIVE 16 01988.2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD (Rev. 09-18) Packet Pg. 1912 September 22, 2020 Safe and Green Inc, dba Monster Tree Service of Southwest Florida Attn: David Scott Arbuckle, President 3710 V Avenue SW Naples, FL 34117 Via Email: sarbuckleAwhymonster.com RE: #19-7513 "Pelican Bay Tree Pruning" Notice to Terminate for Convenience Dear Mr. Arbuckle: This letter will serve as a 30-day Notice to Terminate for Convenience the above -reference award, pursuant to provision of Article/Section 10, of the Agreement. The termination will be presented to the Board of County Commissioners on the September 22, 2020 meeting with an effective date of October 22, 2020. Should you have any questions regarding this termination notice please contact me at (239) 252- 8034. Respectfully, Sue Zimmer an, CPM Procurement Manager - Contracts c: Chad Coleman, Manager, Pelican Bay Services Division Sandra Herrera, Director, Procurement Services Division 1 6.F.3.b c (D 4- M U) t r M LO ti Cn r co M M 7 Procurement Services Division • 3295 Tamiami Trail East - Naples, Florida 34112-4901 • www.colliergov.neUprocurementservice Packet Pg. 1913