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6. 1st Amendment 10/17/2018H,gtlE pUN`1"Y Kevin Madok, cpA Clerk of the Circuit Court & Comptroller— Monroe County, Florida DATE: November 20, 2018 TO: Beth Bergh, Land Steward Planning & Environmental Resources Alison Smith, Executive Assistant Planning & Environmental Resources FROM: Pamela Hancock, D.C. SUBJECT: October 17 BOCC Meeting Attached is an electronic copy of Item I6, Arnendment No. 1 adding $85,000.00 to the Contract between DOT Palm Landscaping, Inc. and Monroe County; and, extending the existing contract to May 17, 2019 for removal of invasive exotic plant from County owned property, for your handling. Should you have any questions, please feel free to contact me at (305) 292 -3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070 305- 294 -4641 305 -289 -6027 305 - 852 -7145 305 - 852 -7145 AMENDMENT NO. 1 TO CONTRACT BETWEEN DOT PALM LANDSCAPING, INC. AND MONROE COUNTY, FLORIDA THIS FIRST AMENDMENT TO CONTRACT is made and entered into this 17th day of October 2018, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and Dot Palm Landscaping, Inc. (hereinafter "CONTRACTOR "). WITNESSETH: WHEREAS, the COUNTY and CONTRACTOR (hereinafter "Parties ") entered into a Contract (hereinafter "Contract ") on January 17, 2018, for the removal of invasive exotic plant species from Monroe County conservation lands; and WHEREAS, the Parties mutually agree that the scope of work under said Contract was completed on May 15, 2018; and WHEREAS, Section 37 of said Contract authorizes the extension of services by the mutual consent of the undersigned parties and upon the same terms of said Contract for three (3) additional, 2 future funding cycles, whether for a greater or smaller sum, and using a different completion date, contingent upon the County's receipt of funds specifically for the purposes set forth herein; and WHEREAS, the County has received an additional $70,000 in funding for FY 2018 -2019 from the State's Florida Fish and Wildlife Conservation Commission's Invasive Plant Management Section for the removal of invasive exotic plants from Monroe County conservation lands; and WHEREAS, in addition to the aforesaid $70,000 the County has received in State funding, the County is contributing an additional $15,000 to this project from the Monroe County Environmental Land Management and Restoration Fund; and WHEREAS, this Amendment No. 1 to Contract (hereinafter "Contract Extension ") is the first of three extensions authorized under Section 37 of said Contract. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree as follows: 1. The recitals contained herein are true and correct and are hereby incorporated as if fully stated herein. 2. The original Contract between the parties is attached to this Contract Extension and made a part of it as if fully stated herein. 3. The parties mutually consent to exercise the original Contract's Section 37 provision authorizing the extension of services upon the same terms of the original agreement for an additional future funding cycle using a different completion date, based upon the County's receipt of funds specifically for the purposes set forth herein. 1 4. Exhibit "A" (hereinafter "Scope of Services ") to the original Contract is hereby amended to reflect completion of the project work upon the reaching of the maximum amount of $85,000.00, or upon the date of May 17, 2019, whichever occurs first. 5. Section 4.1 of said original Contract is hereby amended as follows: The maximum compensation available to the CONTRACTOR under this agreement is $85,000.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Services corresponding as Exhibit "A" to this Contract Extension, according to progress reports and other documentation to show the hours expended by each of the CONTRACTOR'S on -site staff. There will be a 5% retainage by COUNTY until the kill rate requirements established in the said work under said Scope of Services are satisfied. Because said work under said Scope of Services must be completed by May 17, 2019, compensation shall be only for the amount of work completed, regardless of the cause of any delay. 6. Section 37 of said original Contract is hereby amended as follows: The work under this Contract is to be completed by May 17, 2019, or upon reaching the maximum amount of $85,000. After May 17, 2019, this Contract may be extended by mutual consent upon the same terms for two (2) additional, future funding cycles, whether for a greater or smaller sum, and using a different completion date, contingent upon County's receipt of funds specifically for the purposes set forth herein. 7. All of the other terms, covenants, conditions, and provisions of said original Contract dated January 17, 2018, except those expressly modified and rendered inconsistent by this Contract Extension, remain in full force and effect and binding upon the Parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 2 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the c, e -C110 , d * - 2018. 5 { l +. 'N.\ C f \ 5 .,,✓ v j/ o W t , 1 i'Pt‘''-'2 E `��` u w A MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF'MoNROE COUNTY, FLORIDA OF MONROE COUNTY, FLORIDA 10, By ''",.."'G By Deputy Clerk Mayor MONROE COUNTY ATTORNEY APVED AS•TO.FORM Date* 2 t? f // ' (CORPORATE SEAL) ATTEST: DOT PALM LANDSCAPING, INC. By 4''• - ; 1 ,:_= . : _____ 77 ______ Fi 7 itness Sig ature ... sJ D e N. l f IIC- Print Name AA-L."4 ` `-"°©' First Witness Printed Na A , ', \ i Title: O .-J/--E C- Second Witness Signature ? 7c r oiC K ere) G LIjnd rZ i p Second Witness Printed Name STATE OF lOri COUNTY OF rYkyi roe, 64 On this a sci-in day of S kfr) 6c-' 2018, before me the person whose name is subscribed above, and who produced k-bt Yi - o hI as identification, acknowledged that he /she is the person who executed the above Contract for the purposes therein contained and did swear an oath. 1 c,1u°nooftvi a.44-yokl QhJ { N i ,,, N • • y Publicv ': \.JbAhn fJ . I� �,. ��FF 9 1�resi� 2q9 a Print Name ' '�' ' 0 ORt�� �`` ``\`` My commission expires: ` i 1,P,5 1 1 ���'8 ° °1° 3 • EXHIBIT A To Amendment Dated October 17, 2018 SCOPE OF SERVICES REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS — INITIAL TREATMENT PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. Monroe County has received funding from the Florida Fish & Wildlife Conservation Commission, Invasive Plant Management Section, in the amount of $70,000 for contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County Land Steward. In addition, the County is providing a local match of $15,000, bringing the total funding available for the project to $85,000. Work must be completed by May 17, 2019. 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 yet been treated in the Lower Keys (initial treatment). Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form larger units. The majority of the sites are located in neighborhoods, adjacent to residences and roads. Work in neighborhoods will require special considerations for safety, noise, and appearance of property. Level of infestation varies by site, ranging from sparse exotics to dense stands of Brazilian pepper or large Australian pines. There are no plans or maps for the project area. The selected contractor will be given a list of parcels and aerial maps of the work sites. 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, cactus species, 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 the invasive exotic removal. Work must be performed during normal work hours (between 8 am and 5 pm), Monday through Friday. No work may occur on weekends or on holidays observed by Monroe County. 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. Contractor must be experienced in working close to houses and other structures. 4 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 similar forestry machine may not be used for this project. Work may require a bucket truck. Every effort shall be made to avoid damage to native vegetation and wildlife. The Contractor is responsible for the initial herbicide treatment and removal of all the specified exotic species. 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 (any modifications or substitutions must be pre- approved by the County's Land Steward): 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 spp) 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 terebinthifolius) 20% Garlon 4 applied to stump's cut surface and sides Lead tree 30% Garlon 4 applied to stump's cut surface and sides (Leucaena leucocephala) Seaside mahoe 50% Garlon 3A applied to cut surface immediately upon cutting (Thespesia populnea) All mature (brown) lead tree (Leucaena leucocephala) seeds will be bagged and left on the site for disposal by the County. Cactus species must be physically removed. 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. In summary, vegetative debris resulting from the exotic removal work will be disposed of in one of the following ways (as determined by the County Land Steward): 1. Chipped by the contractor and spread evenly across the site; or 2. Chipped and removed from the site by the Contractor, at no expense to the County for the removal (if the Contractor wants the mulch for their own purposes); or 3. Chipped and piled on the site by the contractor and removed from the site by the County (if Land Steward determines that on -site disposal is not an option); or 4. Sections of tree trunk that are too large for the chipper may be cut into four foot lengths and piled on site by the Contractor for eventual disposal by the County. The Contractor will not be required to transport or pay for the disposal of any vegetative waste created by the project, unless they keep the mulch for their own purposes. 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 5 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 on -site employee. No compensation shall be paid for travel time to and from the work site. There are no reimbursable expenses. The project is complete when the total cost per hour reaches $85,000 or on May 17, 2019, 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 appropriate 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 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 obtain a permit for the proposed exotic removal work, however the Contractor is required to keep the permit with the crew while working on -site. • The contractor must hold a valid Monroe County business tax receipt and a Monroe County Certificate of Competency for a Landscaping Specialty Contractor. A general contractor may apply if he holds a landscaping specialty contractor certificate of competency in Monroe County or employs a Landscaping Specialty Contractor licensed in Monroe County . The business tax receipt is required for both. 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 formal 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: 6 • • 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. 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 17, 2019. Requirement to Use E- Verify. The Contractor must: (1) utilize the US Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract; and, (2) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E- verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. 7 DOTPALM-01 KELLYG ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 11/16/2018 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 CONTACT Eric Dotson NAME: Insurance Office of America, Inc. 1855 West State Road 434 (A ° ° , No, Exc): (407) 998 -5017 15077 (A/C, No(407) 788 -7933 Longwood, FL 32750 AD Eric.Dotson @ioausa.com INSURER(S) AFFORDING COVERAGE NAIC 11 INSURER A: NOVA Casualty Company 42552 INSURED INSURER B : Federal Insurance Company 20281 Dot Palm Landscaping, Inc INSURER C : 5200 Overseas Highway INSURER D : Marathon, FL 33050 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 SUBR P OLICY NUMBER POLICY EFF POLICY EXP LIMITS I TR INSf) wvn (MMIDDIYYYY) (MM/nf)IYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X ARBML1000032201 09/02/2018 09/02/2019 pREMIS a- ER oo u ence) $ 300,000 MED EXP (Any one person) $ 500 PERSONAL & ADV INJURY _$ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _$ 2,000,000 POLICY X JECT LOC PRODUCTS - COMP /OP AGG _$ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT • 1,000,000 (Fa accident) X ANY AUTO X ARBML1000032201 09/02/2018 09/02/2019 BODILYINJURY(Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS WN BODILY INJURY (Per accident) $ AUTOS ONLY - AUT ONLDY PPerr accident) AGE A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS -MADE ARBUM1000013601 09/02/2018 09/02/2019 AGGREGATE $ DED X RETENTION$ 10,000 Aggregate $ 1,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER TI ITF FR ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMSER EXCLUDED? N /A (Mandatory m NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Equipment Floater 45464782 06/21/2018 06/21/2019 Leased & Rented 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Monroe Board of BOCC are additional insured as respects to general and auto liability as required under written contract. AP • R • VE I BY r G NT BY �. DAI 11�14fr ! r CERTIFICATE HOLDER CANCELLATION 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 Monroe County BOCC 1100 Simonton St Ak--4*.44 IKey West, FL 33040 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD