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4. 2nd Amendment 09/17/2013AMY REAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER Moxnoe canmm, FLORIDA DATE: October 7, 2013 TO: Christine Hurley, Director Growth Management Division ATTN. Mayra Tezanos Executive Assistant FROM. Vitia Fernandez, D.C. At the August 21, 2013, Board of County Commissioner's meeting the Board granted approval and authorized execution Item G5 Amendment No. 2 to Contract between Dot Palm Landscaping, Inc. to and Monroe County, extending contract to May 16,2014 at an additional cost of $65,000. Item G6 , Task assignment in the amount of $79,659.30 for URS Corporation Southern to conduct a Capacity Improvement Feasibility Analysis to evaluate potential improvements for Level of Service (LOS) on US 1. Item G7 First amendment to Contract for Professional Services between Monroe County and Maximus Consulting Services, Inc. to conduct development approval fee analysis to include a comparison of other jurisdiction's fees. Enclosed is a certified copy of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305 -295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 -289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 AMENDMENT NO.2 TO CONTRACT BETWEEN DOT PALM LANDSCAPING, INC. AND MONROE COUNTY, FLORIDA THIS SECOND AMENDMENT TO CONTRACT is made and entered into this 17`" day of September, 2013 between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC ") and Dot Palm Landscaping, Inc. WITNESSETH: WHEREAS, the parties entered into a Contract (Contract) on January 19, 2011 for the removal of invasive exotic plant species from Monroe County conservation lands; and WHEREAS, the work under the Contract was completed on May 14, 2011; and WHEREAS, the parties entered into a Contract Amendment on September 21, 2011 to extend the Contract; and WHEREAS, the work under the Contract, as amended, was completed on May 15, 2012; and WHEREAS, Section 36 of the Contract allows for the extension of services under the Contract, after the original May 14, 2011 completion date, upon the same terms €or two (2) additional, future grant cycles whether for a greater or smaller sum and using a different completion date, contingent upon the County's receipt of grant funds and mutual agreement of the parties; and WHEREAS, the County has received additional grant funds for the State FY 2013 -2014 from the Florida Fish and Wildlife Conservation Commission's Invasive Plant Management Section in the amount of $50,000 for the removal of invasive exotic plants from Monroe County conservation lands; and WHEREAS, this Contract extension is the second of two extensions allowed for under Section 36 of the Contract; and WHEREAS, the County is contributing an additional $15,000 to this project from the Monroe County Environmental Land Management and Restoration Fund. I NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree as follows: Exhibit A - Scope of Services is amended to reflect a new completion date and is attached as Exhibit A to this Amendment. 2. Section 4.1 of the Contract is amended as follows: The maximum compensation available to the CONTRACTOR under this agreement for the time period beginning September 17, 2013 and ending May 16, 2014 is $65,000.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Service according to progress reports and other documentation to show the hours expended by each of the CONTRACTOR'S staff. There will be a 5% retainage by the COUNTY until the kill rate requirements established in the Scope of Services are satisfied. Because the work must be completed by May 16, 2014, compensation shall be only for the amount of work completed, regardless of the cause of any delay. 3. Section 36 of the Contract is amended as follows: The work under this Contract is to be completed by May 16, 2014 or upon reaching the amount of $65,000. 4. The remaining provisions of the Contract dated January 19, 2011, not inconsistent herewith, remain in full force and effect. The remainder of this page intentionally left blank. 2 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of [?26&f 2013. WITNESSES: 1. Pri Name: � O 2. Print Name: lGf�/7�/ STATE OF 74ACC 1 &A COUNTY OF MCma�Q -Q— BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor /Chairman DOT PALM LANDSCAPING, INC. B P m + t cJ Title: w J On this `"day of 2013, before me the person whose name is subscribed above, and who produced A&-- I L_ as identification, acknowledged that he /she is the person who executed the above Contract for the purposes therein contained. N Print Name My commission expires: B,'•, DARLENE L PRUITT Notary Public - State of Florida :N + My Comm Expires Jan 24, 2015 •;;off ���''' Commission # EE 57664 Seal !.j 90 :C Wd L -100 [10Z uoij a �?0j 021IJ MONR OUNT TORNEY� APP ED A TO FORM Date: o 3 EXHIBIT A To Amendment Dated September 17, 2013 SCOPE OF SERVICES REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. Monroe County has received a grant from the Florida Fish & Wildlife Conservation Commission, Invasive Plant Management Section, in the amount of $50,000 for contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County Land Steward. Additionally the County is contributing $15,000 towards this project, for a project total of $65,000. Work must be completed by Mey 14 1. May 16, 2014 PROJECT LOCATION Lands in this project area consist of public conservation lands located throughout the Florida Keys either owned or managed by Monroe County. Monroe County owns approximately 2,000 acres of scattered conservation lands throughout the Florida Keys. This project will target sites that have not already been treated in the Lower and Upper Keys identified below (the majority of the sites are within the Lower Keys area): Upper Keys: Key Largo; Tavernier Lower Keys: Sugarloaf Keys; Cudjoe Key; Summerland Key; Ramrod Key; Torch Keys; Big Pine Key Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form much larger management units. The majority of the sites are located in neighborhoods, adjacent to residences and roads. Level of infestation varies by site, ranging from sparse exotics to dense stands of Brazilian pepper. SCOPE OF WORK The project consists of the physical removal of all Category I and II Florida Exotic Pest Plant Council (FLEPPC) listed species occurring on selected Monroe County conservation lands, followed by herbicide application and chipping of all resulting biomass (except as described below for bowstring hemp and leadtree seeds). The contractor will manage the project including the scheduling, subcontracting as necessary, labor, monitoring and reporting progress. The County will supply locations and maps of project sites. The success of the project depends on the thoroughness of invasive exotic removal. The County conservation lands contain a wide variety of exotics ranging from grasses to large trees. Different areas of the Keys have different species of concern but Brazilian pepper, Australian pine, Asiatic colubrina, lead tree, seaside mahoe, non- native scaevola and bowstring hemp are the most abundant. Most of the sites include a mixture of native vegetation and invasive exotic vegetation. The native vegetation must not be disturbed during the invasive exotic removal. The majority of the sites will be located in uplands, but a few may be adjacent to wetlands (including mangroves). Heavy equipment may not be used in wetlands and mulch may not be placed in wetlands. Most sites are within neighborhoods and are easily accessed from adjacent roads. Every invasive exotic species listed by Florida EPPC will be either hand - pulled or cut down and treated with appropriate herbicide. Exotic vegetation must be removed and cannot be left standing (including Australian pines). A "Gyro -trac" or forestry machine may not be used for this project. Every effort shall be made to El avoid damage to native vegetation and wildlife. The Contractor is responsible for the initial herbicide treatment and removal of all the specified exotic species including trees, shrubs, vines, herbaceous plants and grasses regardless of the size or reproductive state of the plant. Each cut plant will be cut as low to the ground as possible. Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. The herbicide will be applied using a low- pressure spray to minimize drift and non - target damage. A dye shall be used to facilitate identification of treated stems. An appropriate herbicide shall be applied within one (1) minute of stump preparation. Invasive exotic plant species shall be treated with herbicide as follows: Target Species Treatment Method Asiatic colubrina 50% Garlon 3A applied to cut surface immediately after cut or (Colubrina asiatica) 20% Garlon 4 applied to stump's cut surface and sides Australian pine 50% Garlon 3A applied to cut surface immediately after cut or (Casuarina s ) 20% Garlon 4 applied to stump's cut surface and sides Beach naupaka 50% Garlon 3A applied to cut surface immediately after cut or (Scaevola sericea) 10% Garlon 4 applied to stump's cut surface and sides Brazilian pepper 50% Garlon 3A applied to cut surface immediately after cut or (Schinus terebinthi olius) 10 -15% Garlon 4 applied to stump's cut surface and sides Lead tree 30% Garlon 4 applied to stump's cut surface and sides (Leucaena leucoci hala) Seaside mahoe 50% Garlon 3A applied to cut surface immediately upon cutting (Thes esia o ulnea) All mature (brown) lead tree (Leucaena leucocephala) seeds will be bagged and left on the site for disposal by the County. Bowstring hemp (Sansevieria hyacinthoides) must be physically removed, ensuring that the entire root has been removed. Resulting plant material may either be bagged or neatly piled on site (adjacent to the road) for County pick up. All other vegetative debris will be chipped in place. On sites where the mulch is to be removed, as determined by the Monroe County Land Steward, the mulch will be neatly piled by the road for pickup by Monroe County Solid Waste. On sites where the mulch is to remain, the mulch must be spread neatly across the site without covering remaining native vegetation. Logs that are too large for the chipper must be cut into 4 ft lengths and neatly stacked by the road for pickup by Monroe County Solid Waste. The Contractor will provide all necessary equipment to complete the project including hand tools, chainsaws, chippers, vehicles, bucket truck, sprayers, garbage bags and personal protective equipment. The Contractor will also provide all materials for treatment (including herbicide and adjuvants) and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all herbicide label application, precautionary, and safety statements. The Contractor shall be paid according to the hourly rates established in the contract for each type of employee. No compensation shall be paid for travel time to and from the work site. The project is complete when the total cost per hour reaches $50,000 $65,000 or on May 16, 2014 whichever occurs first. All herbicide treatments shall be at least 95% effective in preventing re- sprout of treated plants. If 95% kill rate is not achieved for any area of the project after two (2) months past initial project completion; one additional treatment of the exotic plants in the problem area shall be the responsibility of the Contractor at no additional cost to the County. The Contractor shall at all times provide an on -site ground crew supervisor that is certified by the Florida Department of Agricultural and Consumer Services and in good standing with that Department, as part of the work force. Ground crew supervisors will be responsible for: 1) coordination with the Monroe County Land Steward on a daily / weekly basis; 2) all control activities and safety on project sites; 3) assuring that all crews are knowledgeable of, and remain within property and treatment boundaries; 4) assuring herbicide labels and Material Safety Data Sheets (MSDS)are on site; 5) avoiding damage to native vegetation and wildlife; and 6) strict adherence to all herbicide label application, precautionary, and safety statements. Ground crew supervisors shall be certified by the Florida Department of Agriculture and Consumer Services in the Natural Areas, Forestry, Right -of -Way or Aquatics category. The County reserves the right to disqualify prospective bidders who have violations of the Rules of Chapter 62C -20, F.A.C., or other state or federal laws or regulations related to pesticide use or aquatic plant control resolved by mediation, Consent Order, or fine within the two (2) previous years. Crew supervisors must meet with County staff on a regular basis to discuss the progress of the project and to determine priority areas for treatment. The Contractor shall complete "Daily Progress Reports for Invasive Plant Control" and submit the completed forms to the County every two weeks. The Monroe County Land Steward will submit permit applications for the proposed exotic removals, however the Contractor is required to pick up the permit from the Monroe County Building Department and keep the permit with the crew while working on -site. The Contractor must hold a valid Monroe County occupational license and a Monroe County Certificate of Competency for landscaping. Additional plant treatment or removal and nonplant debris removal may be added to the project by mutual agreement as field conditions warrant and funds permit. Such agreements for additional work shall be made in writing and agreed to by signature of both parties. According to the County's grant agreement with Florida Fish & Wildlife Conservation Commission, contractors working on invasive exotic removal projects must adhere to the following protocol: Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering Monroe County from areas outside of the County. When moving equipment from site to site within Monroe County, decontamination requirements will be at the discretion of the County and will be dependent upon the exotic species that were treated at the previous site and on the nature of the treatment sites. If decontamination is required by the County then the contractor must utilize a designated decontamination site within Monroe County. The County shall supply the contractor with a list of designated decontamination sites if necessary. Decontamination protocols: All equipment including but not limited to vehicles, trailer, ATV's, and chippers must be cleaned with a pressure washer (at a County approved facility). Decontamination protocols include spraying down all equipment surfaces including the undercarriage and tires to insure that mud, vegetative debris and other debris is not transported from the previous treatment site. Special attention will be paid to equipment that has worked at sites where Lygodium, Cogon grass and other exotics specific to the mainland were treated to prevent the spread of these species into Monroe County. Equipment such as chain saws, loppers, etc. used for cut stump treatment must be wiped down and cleaned so that they are free of debris. Prior to the commencement of an invasive species removal project, the contractor and the County Land Steward shall discuss the necessity for a decontamination plan. If the County requires a plan, then the Contractor shall submit a brief decontamination plan in writing, to the County for approval. The decontamination plan shall identity specific decontamination procedures and decontamination sites. Decontamination protocols may vary depending upon the nature of the treatment site, type of treatment conducted at the site, and the exotic species that were treated. 0 Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of the Contractor. While notice to proceed will be issued as soon as possible after the contract is final, the project timeframe may be adjusted depending on seasonal conditions. All work must be completed by May 14, 2011. May 16, 2014 7 ACORi�® CERTIFICATE OF LIABILITY INSURANCE °oarz,no,1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bouchard Insurance for WBS P.O.Box 6090 Clearwater, FL 33758-6090 CONTACT NAME: PHONE FAX (866) 293 3600 ext. 623 ac No E-MAIL ADDRESS: INSURE S AFFORDING COVERAGE NAIC # INSURER A: American Zurich Insurance Company 40142 INSURED Workforce Business Services, Inc Alt. Emp: Dot Palm Landscaping Inc 1401 Manatee Ave. West Ste 600 INSURER B : INSURER C : Bradenton, FL 34205-6708 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 12FLO79813759 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. ILSRR TYPE OF INSURANCE ADDLSUBR im POLICY NUMBER POLICY ID Y EFF POLICY u D1 YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTEU— PREMISES Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE Offff— (Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS �� y BODILY INJURY (Per accident) $ PROPERTY DAMAGE PeraccideM $ NON -OWNED HIRED AUTOS AUTOS — $ UMBRELLA LWB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABIL" Y I NER ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? N/A WC90-00-818-02 12/31/2012 12/31/2013 X WC STATU- OTH- E.L.EACHACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) ff yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 Location Coverage Period: 12/31/2012 12/31/2013 Client# 053615 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Dot Palm Landscaping Inc Coverage is provided for 5200 Overseas Hwy only those employees leased to but not Marathon, FL 33050 subcontractors of: Monroe County 2798 Overseas Highway Suite 300 Marathon, FL 33050 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 1988-2010 ACORD CORPORATION. All rights reserved.