#09-5239 (Davey Tree Expert Company)
A G R E E MEN T 09-5239
for
Annual Contract for Landscape Maintenance Vendors
THIS AGREEMENT is made and entered into this 28 day of July, 2009, by and between the Board of
County Commissioners for Collier County, Florida, a political subdivision of the State of Florida
(hereinafter referred to as the "County" or "Owner") and The Davey Tree Expert Company, authorized
to do business in the State of Florida, whose business address is 5515 Yahl Street, Suite A, Naples,
Florida 34109 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on the date
of the Notice to Proceed, and terminating one year later, or until such time as all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been completed.
This contract may be renewed for three (3) one (1) year renewals, renewable annually. The
County Manager, or his designee, may, at his discretion, extend the Agreement under all of the
terms and conditions contained in this Agreement for up to one hundred eighty (180) days.
The County Manager, or his designee, shall give the Contractor written notice of the County's
intention to extend the Agreement term not less than ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed seven (7) firms to be
pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement
to provide complete services for Landscape Maintenance in specific categories. Some
contractors are identified in one or more of the following categories: Category I - ROW
Mowing; Category 1/ - Mowing; and Category 1/1 - Tree Service (Davey), on an as-needed
basis as may be required by the Owner in accordance with the terms and conditions of RFP
#09-5239 and the Contractor's proposal, which is incorporated by reference and made an
integral part of this Agreement. The execution of this Agreement shall not be a commitment to
the Contractor that any work will be awarded to the Contractor. Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next paragraphs
and all Work undertaken by Contractor for Owner pursuant to this Agreement and that
procedure during the term and any extension of the term of this Agreement.
Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be
performed to all the Contractors in a specific category which will afford the Contractors the
opportunity to submit a formal quotation for the Work; the Contractors shall respond with the
information sought within the time specified by the Project Manager. The Project Manager will
award the work to the Contractor that submits the lowest responsive quote and the successful
firm will receive a Purchase Order for Work including incidentals.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
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4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
The Davey Tree Expert Company
5515 Yahl Street, Suite A, Naples, FL 34109
239-403-9665 Telephone, 239-403-9662 Fax
Mike Breneman, District Manager
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent
of the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all
permits necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the County.
Contractor is not responsible for paying for permits issued by Collier County, but is responsible
for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all
sales, consumer, use and other similar taxes associated with the Work or portions thereof,
which are applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in
any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for
any purpose in violation of any federal, state, county or municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
Page -2-
adopted. In the event of such violation by the Contractor or if the County or its authorized
representative shall deem any conduct on the part of the Contractor to be objectionable or
improper, the County shall have the right to suspend the Contract of the Contractor. Should
the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the
County within twenty-four (24) hours after receiving notice of such violation, conduct, or
practice, such suspension to continue until the violation is cured. The Contractor further
agrees not to commence operation during the suspension period until the violation has been
corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may
terminate said Agreement for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit 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 $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County thirty (30) days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers
and employees from any and all liabilities, damages, losses and costs, including, but not
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limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
12. PAYMENTS. Upon execution of the Contract and completion of each month's work, payment
requests shall be submitted to the Project Manager on a monthly basis by the Contractor for
services rendered for that prior month. Invoices shall not reflect sales tax. After review and
approval, the invoice will be transmitted to the Finance Department for payment. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida
Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the
right to withhold and/or reduce an appropriate amount of any payments for work not performed
or for unsatisfactory performance of Contractual requirements. Contractor. Services beyond
60 days from the current monthly invoice will not be considered for payment unless authorized
by the Project Manager. Also at the end of the County's fiscal year, September 30, invoices
must be complete. Invoices submitted for prior work in the fiscal year unless authorized by the
Project Manager will not be accepted.
13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable
indication that the Work will not be completed within the Contract Time; (f) unsatisfactory
prosecution of the Work by the Contractor; or (g) any other material breach of the Contract
Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor
to Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
15. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
Page -4-
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Purchase Order Modification shall be issued and executed promptly after an agreement is
reached between Contractor and Owner concerning the requested changes. Contractor shall
promptly perform changes authorized by duly executed Purchase Order Modifications.
17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify Owner in writing.
18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. During the course of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
Page -5-
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
Contractor further warrants, see Exhibit A hereto attached, to Owner that all materials and
equipment furnished under the Contract Documents shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance with the instructions of the applicable
manufacturers, fabricators, suppliers or processors except as otherwise provided for in the
Contract Documents.
If, within one (1) year after any application, installation, connections, materials, equipment,
and/or anything erected Work is found to be defective or not in conformance with the Contract
Documents, Contractor shall correct it promptly after receipt of written notice from Owner.
Contractor shall also be responsible for and pay for replacement or repair of adjacent materials
or Work which may be damaged as a result of such replacement or repair. These warranties
are in addition to those implied warranties to which Owner is entitled as a matter of law.
21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
23. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such
loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
Page -6-
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by
Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
25. INSPECTIONS. Owner reserves the right to inspect the Work and make an independent
determination as to the acceptability of the Work. Unless and until the Owner is completely
satisfied, payment shall not become due and payable.
26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Alternative Transportation Department.
28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 09-5239, any
addenda, any Quotation/Purchase Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Purchase Orders.
29. 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, and County Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County
for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes;
and, c. immediate termination of any contract held by the individual and/or firm for cause.
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30. 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.
31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
No markup shall be applied to sales tax.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
35. 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.
Page -8-
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST' r' :'c",
. , . '-~ ,'''' ':<'/.
Dwight E. Bro~, Clerk,'bf.'.~~rts
By--1Lw, mtl.( .
Dated: ~-"'. - ~ -, >l/
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Fir Witness '
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Type/Print Witness Name
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Approved as to form and
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A&&ieta~t C unty Attorney
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BOARD OF COUNTY COMMISSIONERS
COLLlERlfL' NTY, FLORIDt
~ c:::f~
By:
Donna Fiala, Chairman
The Davey Tree Expert Company
Contractor
. I' " rs
By:-=rwt~) 11. '.I' I~
Signature
TH 0 .~ A- S M:;3 (>.J~, " ~ MtJ Ai
Typed Signature
CIS TClIer Il/t1f114 ~'--€(t
Title
Page -9-
EXHIBIT A
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -10-
ACORD",
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYYI
07/15/2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I
i
u~~URERS u~_FORDING~O,,~R~<!~ .. __u_ uu--l NAIC!/-'--__I
INSURER A: Old Republic Insurance Co 24147 . I
INSURER B: I
PRODUCER
MARSH USA INC.
216-937-1700
200 PUBLIC SQUARE
, SUITE 1000
I CLEVELAND,OH 44114-1824
i 08670 -RESID-GAW-08-09 136031 RESIC
rlNSUREOu __~_~__u___uu_
THE DAVEY TREE EXPERT COMPANY
1500 N. MANTUA STREET
KENT, OH 44240
INSURER C
INSURER D:
INSURER E
COVERAGES 3
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
i CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRI ADD'!. EO INSURANCE POLICY NUMBER OLICY EFFECTIVE POLICY EXPIRATION
'LTR IINSR TYP F DATE (MM/DD/YYt DATE (MMIDD/YY)
A
MWTB 20069
09/01/08
09/01/09
COMBINED SINGLE LIMIT
(Ea accident)
,
,
LIMITS -~ /
_u_____Z~OOO,OOO .
2,000,000
5,000
2,000.000
2.000,000
2,000,009
,/
2.000,000
$
X
ENERAL LIABILITY
:..I.~. CO COMMERCIAL GENERAL LIABILITY
iu rvl
: CLAIMS MADE L2<__1 OCCUR
GENERAL AGGREGATE LIMIT APPLIES PER
X POLICY :::g LOC
AUTOMOBILE LIABILITY
1 ANY AUTO
u__ ALL OWNED AUTOS
~ SCHEDULED AUTOS
~ HIRED AUTOS
I X : NON-OWNED AUTOS
!----i
L-J
i
MWZY 57967
09/01/08
09/01/09
BODilY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
PROPERTY [)AMAGE-~$ _uu__,
(Per accident) ,
$
OCCUR
CLAIMS MADE
AUTO ONLY - EA ACCIDENT' $
-~HER THAN -,~ EA ACe $ ---~-~
AUTO ONLY AGG $
EACH OCCURRENCE $
AGGREGATE $
--------
$
$
ANY AUTO
EXCESSIUMBRELLA LIABILITY
DEDUCTIBLE
ANY PROPRIETORIPARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROViSIONS below
OTHER
""CA, MN, PA, NC, WA, OHM ARE'
""SELF-INSURED STATES""
L. DISEASE - POLICY LIMIT
5,000,000; /'
5.000,000
5,000.000
MWC115620 00 (AOS) 09/01/08
i 09/01/09
I
X IT~$T~JNs i OTH-
~~ACH ACCIDENT
E L DISEASE - EA EMPLOYE
I
I
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
CANCELLATION CLAUSE REPLACED IN ITS ENTIRETY BY THE FOLLOWING: IN THE EVENT OF (1) CANCELLATION FOR OTHER THAN
NONPAYMENT OF PREMIUM; OR (2) MATERIAL CHANGE THAT RESTRICTS OR REDUCES THE INSURANCE AFFORDED BY ANY POLICY
DESCRIBED ABOVE, THE INSURER AFFORDING COVERAGE WILL MAIL NOTICE 30 DAYS BEFORE THE DATE OF CANCELLATION OR MATERIAL
CHANGE TO THE PARTY NAMED BELOW:
CERTIFICATE HOLDER
CLE-002372293-01
CANCELLATION
COLLIER COUNTY
ATTN: PURCHASING DEPARTMENT
3301 TAMIAMI TRAIL EAST
NAPLES, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UPON THE INSURER,
Ag,Tj,\~~'i~lIf~:,sENTA nVE
Luann M. Glavac
iTS
AGENTS
OR
REPRESENTATIVES.
ACORD 25 (2001/08)
d ~"'",. II? ~
o ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the tenns 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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this fonn does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affinnatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2001108)
Reverse of Page 1
ADDITIONAL INFORMATION
PRODUCER
MARSH USA INC.
216-937-1700
200 PUBLIC SQUARE
SUITE 1000
CLEVELAND.OH 44114-1824
08670 -RESID-GAW-08-09 136031 RESIC
INSURED
THE DAVEY TREE EXPERT COMPANY
1500 N. MANTUA STREET
KENT.OH 44240
CLE-002372293-01
DATE (MMlDDIYY)
07/15/2009
INSURERS AFFORDING COVERAGE
NAIC#
INSURER F
INSURER G'
INSURER H:
INSURER I:
TEXT
RE: CONTRACT- #09-5239 "ANNUAL CONTRAC FOR LANDSCAPE MAINTENANCE VENDORS"
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.
CERTIFICATE HOLDER
COLLIER COUNTY
ATTN: PURCHASING DEPARTMENT
3301 TAMIAMI TRAIL EAST
NAPLES. FL 34112
A.wlli~~'i,EB~l"rri:~ENT A TIVE
Luann M. Glavac
dtt~.....,. II? ~
pag 2
FILE NO.:
()?'~ fI2C~()/;2 q 3
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D.tgr~it!!E;SEIMJflD:
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ITEM NO.:
REQUEST FOR LEGAL SERVICES
i'~q {;~~4r;
c;JJ 9'~tt a-o
d' fPD~1
~5P<f
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Date: July 28, 2009
To: County Attorney's Office
Attention: Jeff Klatzkow
From: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #09-5239 "Annual Contract for Landscape Maintenance
Vendors"
Contractor: The Davey Tree Expert Company
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on July 28, 2009; Agenda
Item 16.B.20
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
This is a standard contract with no changes. Please forward to BCC
for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
C: Liz De Leon, ATM
RLS# Oq-fJR.~- O/~q3
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name: 17fe Dlt\IfY Tfl~€. eK.lJfLr Ltn-n!fl,oy
Entity name correct on contract?
Entity registered with FL Sec. of State?
VYes
~Yes
No
No
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $ 7 MIL
Products/CompVOp Required $
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ 'Z- Mot L..
Workers Compensation
Each accident Required $ I t4A. ( L
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $
Aggregate Provided $
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type:
~Yes
~_Yes
v Yes
~Yes
No
No
No
No
Z. MtL Exp. Date ({(,!Ot(
~t Exp. Date I ,
II Exp. Date , ,
I, Exp. Date I f
It Exp. Date ('
-Z MAIL Exp Date '\ I, ((Jq
~ lUll Exp Date Cf / I I ~((
II Exp Date I
I'
I' Exp Date I '
Exp Date
Exp Date
- Yes No
Exp. Date
Exp. Date
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Required $
Provided $
Exp Date_
County required to be named as additional insured?
County named as additional insured?
-LYes
~Yes
No
No
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
/Yes
Yes
No
I,/"'No
Performance Bond
Bond requirement referenced in contract?
Ifattached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Yes
No
Yes
Yes
No
No
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
IC'WM -fJt=
.../ Yes
~Yes
~Yes
~Yes
It 77"tt.Nli
~Yes
~Yes
-LYes
No
No
No
No
No
No
No
Attachments
Are all required attachments included?
t/Y es
No \" .
Rev~wer Initials: 'YUtf.f!-
Date: fl3 f tJ"(
04-COA-O 03~/222
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Foreign Profit Corporation
THE DAVEY TREE EXPERT COMPANY
Filing Information
Document Number 801672
FEI/EIN Number 340176110
Date Filed 10/31/1922
State OH
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 11/21/1983
Event Effective Date NONE
Principal Address
1500 N. MANTUA ST.
KENT OH 44240-5193 US
Changed 04/27/2007
Mailing Address
1500 N, MANTUA ST.
KENT OH 44240-5193 US
Changed 04/27/2007
Registered Agent Name & Address
CT CORPORATION SYSTEM
1200 S. PINE ISLAND ROAD
PLANTATION FL 33324 US
Name Changed: 07/01/1992
Address Changed: 04/01/2002
Officer/Director Detail
Name & Address
Title C
COWAN, R. DOUGLAS
1500 NORTH MANTUA STREET
KENT OH 44240
Title D
BLAIR, R CARY
1500 NORTH MANTUA ST
KENT OH 44240
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc _ number=80 1672&inq... 7/13/2009
www.sunbiz.org - Department of State
Title STC
ADANTE, D. E.
1500 NORTH MANTUA STREET
KENT OH 44240
Title AS
MARJORIE L CONNER
1500 NORTH MANTUA STREET
KENT OH 44240
Title VPM
BOWLES, HOWARD D.
1500 NORTH MANTUA STREET
KENT OH 44240
Title P
WARNKE, KARL J
1500 NORTH MANTUA STREET
KENT OH 44240
Annual Reports
Report Year Filed Date
2007 04/27/2007
2008 04/08/2008
2009 05/04/2009
Document Images
05LQ~120Q!:L::.- ANNl,JAL REPQRT
04/0812Qofl =--6NNUAlBJ:PORI
04/27/2007 -=::.i\NNUAI._REPOR,I
04/26/2006 ::.::.~NNUALBEPORI
03/2!312oQ.R -- ANti.l,J~L REPj)RT
04/22/2004 =ANNLJAI.REPORT
ORIQ512Q03=ANN VAl. BE PORI
04/0J/2002=ANNLJAL.REPO RT
03/29/2001...:.:.ANNLJA.I".REf'QRI
05/15/2000 = ANNUAL REPORT
04/29/1999 = ANNUAL REPORT
05/13/1998 = ANNUAL REPORT
05/09/1997 -:: ANNUAL_REPORI
05/01/1996-- ANNUAL REPORT
0412Q/1995=ANNLJAI"REPQRJ
Page 2 of3
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Note: This is not official record. See documents if question or conflict.
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Page 3 of3
Copyright and Priyacy Policies
Copyright @ 2007 State of Flonda, Department of State.
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=80 1672&inq... 7/13/2009
THE DAVEY TREE EXPERT COMPANY
CORPORATE OFFICe. 1500 N. MANTUA ST., P.O. BOX 5193. KENT. OHIO 44240-5193
TEl. 330-673-9511
.. . ... ..___._u__............... ,". ... ..
.. ,..____.____ ,._..,_ 'n..
......---....-.. ..
h_'._...u...,. _
KARL J. WARNKE, CHAIRMAN, PRESIDENT & C.E.O.
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That The Davev Tree Expert
Com'D8IlY. an Ohio corporation, County of Portage, bas made, constituted and appointed.
and by these presents does make, constitute and appoint Mr. Thomas Miehael
Breneman, District Manager of the Naples, FL office, an employee of good standing
with The Davev Tree Expert CODlD8l1Y, as 1rue and lawful attorney for it and in its name,
place and stead, is hereby authorized and empowered to sign on behalf of The Davey
Tree Expert Company any and all documents pertaining to subject contract, and any
amendments thereto, "Contract # 09-5239 Annual Contract for Landscape Maintenance
Vendors".
IN TESTIMONY WHEREOF, I have hereunto set my hand this 15th day of
July, 2009.
~/~
. . e L. Conner
Corporate Officerl Assistant Secretary &
Legal Counsel
STATE OF OHIO:
COUNTY OF PORTAGE:
Sworn to before me and subscribed in my presence this 15th day of Julv. 2009.
HEATHER t'ME JMCOZ2..
NlIi; S. at Dli:l
* lty~~APiil6.2.0t'
~t.L ik.tL mc~~
Notary Public t../
My Commission xpires 1/1..,,~.~
S:\T.....-u-..2009 ~AlIJ.doc
MEMORANDUM
r
). 6"-/ ff' (
~ fJ-C"- .
. ~V
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
DATE: July 28, 2009
RE: Review of Insurance for Contract: #09-5239 "Annual Contract for
Landscape Maintenance Vendors"
Contractor: The Davey Tree Expert Company
This Contract was approved by the BCC on July 28, 2009; Agenda Item
16.B.20
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941.
Thank you.
dod/RC
C: Liz De Leon, A TM
;t-