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1895 Lewis Tree Service piggyback 17/18-09i To: City Clerk RE: Request for Services I8�5 The item(s) noted below is/are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond ❑ City Mayor's Signature ® City Clerk Record Keeping ❑ Safe Keeping ❑ City Attorney's Signature ® City Clerk's Signature Resolution Piggy Back Contract — Lewis Tree Service PBA 17/18-09 Once completed, please: ® Return original ❑ Return copy El Special Instructions: Please sign both contracts and return one (1) to purchasing. City Clerk's office may keep one (1) copy for their records. Please advise if you have any questions regarding the above. Thank you! T:\Dept_fonns\City Clerk Transmittal Memo - 2009.doe 01 /L1 -V -C -A -T( Date Lewis Tree Service, Inc. Piggyback Contract (PBA 17/18-09) The City of Sanford ("City") enters this "Piggyback" Contract with Lewis Tree Service, Inc. (hereinafter referred to as the "Vendor"), under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: 1. The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with Seminole County, Florida, said contract being identified as "Term Contract For Tree Trimming, Removal And Stump Grinding (IFB- 602138/14/TLR)", (said original contract being referred to as the "original government contract"). 2. The original government contract documents are incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein. 3. Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: a) Time Period ("Term") of this Contract: (state NIA if this is not applicable). N/A. b) Insurance Requirements of this Contract: (state N/A if this is not applicable). N/A. C) Any other provisions of the original government contract that will be modified: (state N/A if this is not applicable). N/A. d) Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Bilal Iftikhar, P.E., Public Works Director, City of Sanford, 300 North Park Avenue; Sanford, Florida 32771, telephone number (407) 688-5000 (Extension 5421) and whose e-mail address is BILAL.IFTIKHAR@Sanfordfl.gov. e) Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. f) Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non-binding mediation, negotiation or 2 litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. g) All the services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State or local regulatory agency. h) IF THE CONTRACTORIVENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, CYNTHIA PORTER, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, i) All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. Entered this day of , 2017. SIGNATURE BLOCKS FOLLOW: 3 Attest: Jarn' iStenger, Chief Financial Officer Attest Cynthia Porter, City Clerk Approved as to fofm and legal cy. Lewis Tree Service, Inc., a New York corporation. Thomas Rogers — Chief Executive Officer Date: \ Q 1 � / \-:N- City of Sanford By:_ Jeff T Date: Exhibit "A" [Attach original government contract] TERM CONTRACT FOR TREE TRIMMING, REMOVAL AND STUMP GRINDING PS-02138-14/TLR) THIS AGREEMENT is made and entered into this aa�y of IAJ 20 45, by and between LEV TREE SERVICE, INC., duly authorized to conduct b ms in the State of Florida, whose address is 300 Lucius Gordon Drive, West Henrietta, New York 12586, hereinafter referred to as "CONTRACTOR,,, and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Bnilding,1101 East First Sheet, Sanford, Florida 32771, hereinafter referred to as "COUNTY". WITN.ESSETH: WHEREAS, COUNTY desires to retain the services of a competent and qualified contractor to provide tree tnm=& removal and stctmP grinding services to Seminole County, and WHEREAS, COUN'T'Y has regaled and received expr mons of interest for the retention of services of c oritractors; and WHEREAS, CONTRACTOR is competent, qualified and desires to provide services according to the teams and conditions stated herein, NOW, THEREFORE, in consideration of the muttial undecs-ndin,gs and covenants set froth herein, COUNTY and CONTRACTOR agree as follows: Section 1. Services. COUNTY does hereby retain CONTRACTOR to furnish services as further described in the Scope of Services attached hereto as Exhibit A and made a part hereof. CONTRACTOR shall also be bound by all requirements as contained in the solicitation package and all addenda thereto. Required services shall be specifically enumerated, described and depicted in the Release Orders authorizing specific services. This Agreement standing alone does not authorize services or require COUNTY to place any orders for work. Tram Contract for Tree Ting, Removal and Stump Grindi (IFB- 60213$-14/nA) Page i of 14 CERTIFIED COPY MARYANIVE MORSE C"* of Circuit Court and COMPtro!!er SEMIkE'OUNBY CLux Section 2, Term. This Agreement shall take effect on the date of its execution by COUNTY and shall run for a period of five (5) years. At the sole option of COUNTY, this Agreement may be renewed for two (2) successive periods not to exceed one (1) year each, Expiration of the team of this Agreement shall have no mTed upon Release Orders issued pursuant to this Agreement and prior to the expiration daze. Obligations entered therein by both parties shall remain in effect until delivery and acceptance of the services authorized by the Release Order. The fust three (3) months of the initial term shall be considered probationary. During the probationary period, COUNTY may immediately terminate this Agreement at any time, with or without cause, upon written notice to CONTRACTOR. Section 3. Authorindon for Services. Authorization for provision of services by CONTRACTOR under this Agreement shall be in the form of written Release Orders issued and executed by COUNTY. A sample Release Order is attached hereto as Exhibit C. Each Release Order shall desoxibe the services required and shall state the dates for performance of services and establish the amount and method of payment. The Release Orders will be issued under and shall incorporate the teams of this Agreement. COUNTY make no c overiant or promise as to the number of available Release Orders or that CONTRACTOR will perform any Release Order for COUNTY during the life of this Agreement, COUNTY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by COUNTY to be in the best interest of COUNTY to do so. Section 4. Time for Completion. The services to be provided by CONTRACTOR shall be performed, as specified in such Release Orders as may be issued hereunder, within the time specified therein. Term Contract for Tree Trimming, R=ovat and Stamp Grinding (iFB- 602138-14MR) Page 2 of 19 Section S. Compensation. COUNTY agrees to compensate CONTRACTOR for the professional services provided for under this Agreement on a "Fixed Fee" basis. When a Release Order is issued for a Fixed Fee basis, then the applicable Release Order Fixed Fee amount shall include any and all reimbursable expenses. CONTRACTOR shall be compensated at the rates as shown on Exhibit B, "Fee Schedule", Section 6. Payment and Billing. (a) CONTRACTOR shall supply all services required by the Release Order, but in no event shall CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each Release Order. (b) For Release Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the amount due based on the pert e:ntage of total Release Order services actually provided, but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (c) Payments shall be made by COUNTY to CONTRACTOR when requested as services are furnished but not more than once monthly. Each Release Order shall be invoiced separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice, properly dated, describing any services provided, the cost of the services therein, the name and address of CONTRACTOR, Release Order Number, Contract Number and any other khrbnation required by this Agreement. The original invoice and one (1) copy shall be sent to: Director of County Finance Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 Two (2) copies of the invoice shall be sent to: Term Contract for Tree Trimming, Removal and Stump Grinding (IFB- 60223$-14MR) Page 3 of 19 Seminole County Leisure Services Department 100 Fast First Street Sanford, Florida 32771 (d) Upon review and approval of CONTRACTOR's invoice, COUNTY shall, in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes, pay CONTRACTOR the approved amount. Section 7. General Terms of Payment and Billing. (a) Upon satisfactory performance of services required hereunder and upon acceptance of the services by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of compensation provided for under the terms of this Agreement leas any amount already paid by COUNTY. COUNTY shall pay CONTRACTOR within thirty (30) days of receipt of proper invoice. (b) COUNTY may perform or have performed an audit of the records of CONTRACTOR at any time during the team of this Agreement and after final payment to support final payment hamderr. Audits may be performed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined subsequent to an audit as provided for in of this Section and the total compensation so determined shall be used to calculate final payment to CONTRACTOR. Conduct of this audit shalt not delay final payment as provided by subsection (a) of this Section. (c) CONTRACTOR agrees to maintain all books, documents, papers, accounting records and other evidence pertaining to services provided under this Agement in such a manner as will readily conform to the terms of this Agreement and to make such services available at CONTRACTOR's office at all reasonable times during the Agreement period and for five (5) years Term Contract for Tree Triana m, Removal and Stump Grinding (1FB- 602138-14M R) Page 4 of 19 from the date of final payment under the contract t for audit or inspection as .provided for in subsection (b) of this Section. (d) In the event any audit or inspection conducted after final payment but within the period provided in paragraph (c) of this Section reveals any overpayment by COUNTY under the terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30) days of notice by COUNTY. Section 8. Responsibilities of CONTRACTOR. Neither COUN Vs review, approval, or acceptance of nor payment for any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. CONTRACTOR shall be and always remain liable to COUNTY in accordance with applicable law for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful provision of any of the services furnished under this Agreement. Section 9. Termination. (a) COUNTY may, by written notice to CONTRACTOR terminate this Agreement or any Release Order issued haamdesr, in whole or in part, at any time, either for COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its Agreement obligations. Upon receipt of such notice, CONTRACTOR shall immediately discontinue all services affect4 unless the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports, estimates, summaries and any and all such other information and services of whatever two or nature as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. (b) if the termination is for the convenience of COUNTY, CONTRACTOR shall be paid compensation for services performed to the date of termination. Torre Contract for Tree Trimming, Removal and Stump Grinding (IFB- 602138-14MR) Page 5 of 19 (e) If the termination is due to the failure of CONTRACTOR to fulfill its Agreement obligations, COUNTY may take over the work and prosecute the same to completion by other agreements or otherwise. In such case, CONTRACTOR shall be liable to COUNTY for all reasonable additional costs occasioned to COUNTY thereby. CONTRACTOR shall not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of CONTRACTOR; provided, however, that CONTRACTOR shall be responsible and liable for the actions of its subcontractors, agents, employees, persons and entities of a similar type or-nature. Such causes may include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity, fines, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, bort in every case the failure to perform must be beyond the control and without any fault or negligence of CONTRACTOR. (d) If after notice of termination for failure to fiulfill its Agreement obligations it is determined that CONTRACTOR had not so failed, the termination shall be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price shall be made as provided in subsection (b) of this Section. (e) The rights and remedies of COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. Section 10. Agreement and Release Order in Conflict. Whenever the terms of this Agreement conflict with any Release Order issued pursuant to it, this Agreement shall prevail. Section 11. Equal Opportunity Employment. CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability or national origin and will take steps to ensure that applicants are employed and employees are treated during employment without regard to race, Term Contract for Tree Trimming, Removal and Stump Grinding (IFB- 602138-I4MA) Page 6 of 19 color, religion, sex, age, disability or national origin. Ibis provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Section 12. No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, oompsay, corporation, individual or firm other than a bona fide employee working solely for CONTRACTOR any fee, commission, percentage, gift or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, COUNTY shall have the right to terminate the Agreement at its sole discretion without liability, and to deduct from the Agreement prig or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. Section 13. Conflict of Interest. (a) CONTRACTOR agrees that it will not contract for or accept employment for the performance of any work or service with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY. (b) CONTRACTOR agrees that it will neither take any action nor engage in any conduct that would cause any COUNTY employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. Term Contract for Tree Trimming, Ron oval and Stump Grinding (IFB- 602138-14M R) Page 7 of 19 (c) In the event that CONTRACTOR causes or in any way promotes or encourages a COUNTY officer, employee or agent to violate Chapter 112, Florida Statutes, COUNTY shall have the right to terminate this Agreement. Section 14. Assignment: This Agreement nor any interest herein, shall not be assigned, trarrsfetred or otherwise encumbered under any cirvmstances by the parties hereto without prior written consent of the other party and in such uses only by a document of equal dignity herewith. Section 13. Subcontractors. In the event that CONTRACTOR during the course of the work under this Agreement requires the services of subcontractors or other professional associates in connection with services covered by this Agreement, CONTRACTOR must &A secure the prior express written approval of COUNTY. If subcontractors or other professional associates are required in connection with the services covered by this Agreement, CONTRACTOR shall remain My responsible for the services of subcontractors or other professional associates. Section 15. Indemnification of COUNTY. CONTRACTOR agrees to hold harmless and indemnify COUNTY and its commissioners, officers, employees and agents against any and all claims, losses, damages or lawsuits for damages arising from, allegedly arising from or related to the provision of services hereunder by CONTRACTOR. Section 17. Insurance. (a) !Qgnaul. CONTRACTOR shall, at its own cost, procm insurance required under this Section. (1) CONTRACTOR shall furnish COUNTY with a Certificate of insurance on a cmTent ACORD Form signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/Employees Liability, Commercial General Liability, and Business Auto). COUNTY, its officials, officers Tenn Contract for Tree Tramming, Removal and Strang titWkg (MB- 602138-14M R) Page 9 of 19 and employees shall be named additional insured under the Commercial General Liability policy. If the policy provides for a blanket additional insured coverage, please provide a copy of the section of the policy along with the Certificate of insurance. If the coverage does not exist, the policy must be endorsed to include the additional insured verbiage. The Certificate of Lisuranee AA provide that COUNTY shall be given, by policy endorsement, not less than thirty (30) days written notice prior to the cancellation or non -renewal or by a method acceptable to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate of insurance has been provided. (2) The Certificate of Insurance shall contain a statement that it is being provided in accordance with this Agreement and that the insurance is in full compliance with the insurance requirements of this Agreement. The Certificate of Insurance shall have dds Agreement number clearly marked on its face. (3) In addition to providing the Certificate of Insurance on a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall, within thirty (30) days after receipt of the request provide COUNTY with a certified copy of each of the policies of insurance Providing the coverage required by this Section. Certified copies of policies may only be provided by the insurer, not the ageat/broker. (4) Neither approval by COUNTY nor failure to disapprove the insurance finished by CONTRACTOR shall relieve CONTRACTOR of its full responsibility for performance of any obligation including CONTRACTOR's indemnification of COUNTY under this AgreemerrL Tenn Contract for Tree Trimming, Removal and Stump Grkding (IFB- 602138-14M R) Page 9 of 19 (b) Insurances Company RMuirements. Insurance companies providing the im mcc under this Agrecment must meet the following requirements: (1) Companies issuing policies (other than Workers' Compensation) must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Florida Office of Insurance Regulation. (2) In addition, such companies shall have and maintain, at a minimum, a Best's Mating of "A-" and a minimum Financial Size Category of "VII" according to A.M. Best Company. (3) If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (i) lose its Certificate of Authority; or (ii) fail to maintain the requisite Best's Rating and Financial Size Category, CONTRACTOR shall, as soon as it has knowledge of any such circumstance, immediately notify COUNTY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR shall be deemed to be in default of this Agreement. (c) Speci�fi tons. Without limiting any of the other obligations or liability of CONTRACTOR, CONTRACTOR shall, at its sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in this Agcec meat, the insurance shall become effective upon execution of this Agreement by CONTRACTOR and shall be maintained in force until the expiration of this Agreement's term and/or the expiration of all Work Orders issued Term CDwmt for Tree Triw i Removal and Stump Grinding (M- 602138-14M R) Page 10 of 19 under this Agreement, whichever comes first. Failure by CONTRACTOR to maintain insurance coverage within the stated period and in compliance with insurance requirements of COUNTY shall constitute a material breach of this Agreement, for which this Agreement may be immediately terminated by COUNTY. The amounts and types of insurance shall conform to the following minimurn requircments: (1) Workers' Compenggon/Fmploygr I Liabilitx. (A) CONTRACTOR's insurance shall cover CONTRACTOR for liability which would be covered by the latest edition of the standard Workers' Compensation policy as filed for use in Florida by the National Council on Compensation Insurance without restrictive endorsements. CONTRACTOR will also be responsible for procuring proper proof of coverage from its subcontractors of every tier for liability which is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and any other applicable Federal or State law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation policy shall be: Tam Coa►tract for Treed Trmaah . Removal and Stump Grinding (IFB- 602138-14JTLR) Page 1 I of 19 $500,000.00 (Each Accident) $500,000.00 (Disease -Policy Limit) $500,000.00 (Disease -Each Employee) (2) Commercial General Liability. (A) CONTRACTOR's insurance shall cover CONTRACTOR for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. (B) The minimum limits to be maintained by CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess Policy) shall be as follows: General Aggregate Two Times (2x) the Each Occurrence Limit Personal & Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 (3) Professional Liability Insurance. CONTRACTOR shall carry Professional Insurance Liability insurance with limits of not less than One Million and No/100 Dollars ($1,000,000.00). (4) Business Auto Polic;X (A) CONTRACTOWs insurance shall cover CONTRACTOR for those sources of liability which would be covered by Part IV of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01) as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements. Coverage shall include owned, non - owned and hired autos or any autos. Term Cantrad far Two Trimming, Removal and Stump Chinding (M3- =138-14MA) Page 12 of 19 (B) The minimum limits to be maintained by CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be per -accident combined single limit for bodily injury liability and property damage liability. If the coverage is subject to an aggegatcy CONTRACTOR shall maintain separate aggregate limits of coverage applicable to claims arising out of or in connection with the work under this Agreement. The separate aggregate limits to be maintained by CONTRACTOR shall be a minimum of three times (3x) the per -accident limit required and shall apply separately to each policy year or part thereof. (C) The minimum amount of coverage under the Business Auto Policy shall be: Each Office Bodily $1,000,000.00 Injury and hqx ty Damage Liability Combined (d) svvtage. The insurance provided by CONTRACTOR pursuant to this Agreement shall apply on a primary and non-contributory basis and any other insurance or self- insurance maintained by COUNTY or COUNT'Y's officials, officers or employees shall be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR. (e) Occurrence e Basis. The Workers' Compensation policy, the Commercial General Liability and the Umbrella policy required by this Agreement shall be provided on an occurrence rather than a claims -made basis. The Professional Liability insurance policy may be on an occurrence basis or claims -made basis. If a claims -made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) Obli&qtious. Compliance with the foregoing insurance requirements shall not relieve CONTRACTOR, its employees or its agents of liability from any obligation under a Section or any other portion of this Agreement. Term Contract for True Trimming, Removal and Stamp Grkxiing (IFB- 602138-14MM) Page 13 of 19 Section 18. Dispute Resolution, (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust COUNTY dispute resolution procedures prior to filing suit or otherwise pursuing legal remedies. COUNTY dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures", Seminole County Administrative Code. Contract claims include all controversies, except disputes addressed by the Prompt Payment Procedures arising under this Agreement within the dispute resolution procedures set forth in Section 3.5540, "Contrast Claims", Seminole County Administrative Code. (b) CONTRACTOR agrees that it will file no suit or otherwise pursue Iegal remedies based on fads or evidentiary services that were not presented for consideration in COUNTY dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY dispute resolution procedures. (c) In the event that COUNTY dispute resolution procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator section and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. Section 19. Representatives of COUNTY and CONTRACTOR (a) It is recognized that questions in the day to day conduct of performance pursuant to this Agreement will arise. COUNTY, upon request by CONTRACTOR, will designate and advise CONTRACTOR in writing of one or more of its employees to whom all communications pertaining to the day to day conduct of this Agreement shall be addressed. The designated Team Contract for Tree Trimming, Removal and Stuays Grinding MB- 602138-14M.R) Page 14 of 19 reprcewtative shall have the authority to transmit instructions, receive information and interpret and define COUNTY's policy and decisions pertinent to the work covered by this Agreement. (b) CONTRACTOR shall at all times during the normal work week designate or appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and bind CONTRACTOR regarding all matten3 involving the conduct of the performance pursuant to this Agreement, and shall keep COUNTY continually and effectively advised of such designation. Section 20. Alt Prior Agreements Superseded This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agmements or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or ag a menta, whether oral or written. Section 21. Modifications, Amendments or Alterations. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Section 22. Independent Contractor. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co - path= between the parties or as constituting CONTRACTOR (including its officers, employees, and agents) as an agent, representative or employee of COUNTY for any purpose or in any manner whatsoever. CONTRACTOR is to be and shall remain forever an independent contractor with reaped to all services performed wader this Agreement. Section 23. Employee Status. Persons employers by CONTRACTOR in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' Term Contract for Trot Trimnung, Removal and Stump Grinding MS- 602138-14M.R) Page 15 of 19 compensation, unemployment comp=sation, evil service or other employee rights or privileges granted to COUNTY's officers and employees either by operation of law or by COUNTY. Section 24. Services Not Provided For. No claim for services furnished by CONTRACTOR not specifically provided for herein shall be honored by COUNTY. Section 25. Public Records Law. (a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUN'T'Y is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.071, Florida Statutes, with regard to public records, and shall: (1) keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement; (2) provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, 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; and (4) meet all requirements for retaining public records and transfer, at no cost to the COUNTY, all public records in possession of CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt Torn Contract for Tree Trimming, Removal and Stump Grinding (IFB- 602138-14M R) Page 16 of 19 from public records disclosure requirements. All records stored electronically must be provided to COUNTY in a format that is compatible with the information technology system of COUN'T'Y. (c) Failure to comply with this Section shall be deemed a material breach of this Agreement, for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. Section 26. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordwences, rules and regulations pertaining to or regulating . the provisions of such services including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. Section 27. Patents and Royalties. Unless otherwise provided, CONTRACTOR shall be solely responsible for obtaining, the right to use any patented or copyrighted materials in the performance of this Agreement. CONTRACTOR, without exception, shall indemnify and save harn lms COUNTY and its employees from liability of any nature or kind, including costs and eacpceses for or on account of any copyrighted, patented or unpatented invention, process or article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY of copyright or patent infringement, COUNTY shall promptly provide written notification to CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly purchase for COUNTY any infringing products or services or procure a license at no cost to COUNTY which will allow continued use of the service or product if none of the alternatives are reasonably available, COUNTY agrees to return the article on request to Term Contract for Tree Trimming, Removal and Stump Grinding (IFB- 602138-14M.R) Page 17 of 19 CONTRACTOR and receive rcimburwinent, if any, as may be determined by a court of competent jurisdiction. Section 29. Notices. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place Last specified The place forgiving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving ofnotice, to -wit: For COUNTY: Seminole County Leisure Services Department 100 East First Street Sanford, Florida 32771 For CONTRACTOR: Lewis Tree Service, Inc. 300 Lucius Gordon Drive West Henrietta, New York 12586 Section 29. Rights At Law Retained The rights and remedies of COUNTY provided for under this A,gmement are in addition and supplemental to any other rights and remedies provided by law. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date below written for execution by COUNTY, (CORPORATE SEAL) LEWIS TREE SERVICE, INC. By - Date: Term Contract for Tree Trimming, Rmoval and Stump Gig (IFB- 60213& 14/TLR) Page 18 of 19 ,$ Witness — _ RAY H Purchasing and/L,,�SG2 �O! (l mcc- Con er Print.Name AMM-A Date. .a Print Name For the use and reliance As authorized for execution by the Board of Seminole County only. of County Commissionem at its January 13 20_15, regular meeting - Approved as to form and 10/13/1410t'2 14 PAU9=Ntxs l Scadasy C2l h d1ming 20I41IFB-W2138 Lawi&&C Attachments: Exhibit A – Scope of Services Exhibit B – Fee Schedule Exhibit C = Sample Release Order Agenda Item #A-0229-15 Term Contract for Tree Trimming, Removal and Stump Grinding (MB- 60213$-14frLR) Page 19 of 19 EXHIBIT A Part I Description of Services and Requirements The Contractor will be responsible for all labor, materials, equipment, coordination and Incitlentals necessary for tree trimming, tree removal, stump grinding and clan up, Including the ability to respond to emergencies throughout Seminole County. The Contractor shall comply with the following requirements: a) Provide a list of personnel, by name and title, contemplated to perform the worts: b) All tree workers other than Qualified tine Clearance Tree Trimmer and Quallfied Line Clearance Tkee Trimmer Trainees must maintain a clearance of at least ten feet from any energized conductor at all times according to ANSI 2133.1-2008; OSHA 29CFR Parts 1910.268, 1910.269 and 1910.33. This Includes the person, all tools and any part of the tree being worked on must be at least ten feet from the wines at lel times. c) Employees must be certified under Part %A of the MUTCD, tort law, the FL RIDS 600 Series Index. d) Employees must be certified pesticide applicator in Category 6, Right -of -Way 9) Contractor must have a minimum of five (5) fully functional 3 -man caws including a bucket truck (50 foot minimum) and chipper (minimum 75 hp.) per crew. These crews must all be available to respond simultaneously. Contractor must be certified under OSHA 29CFR Parts 1910.269, 1910.268 and 1910.33; and have an arborist certified by the International Society of Arboriculture (ISA). Contractor's personnel shag wear appropriate apparel while on County property, as directed by Contract Manager. When working on right-of-way, all personnel are to wear highly visible safety vest, T-shirts, or uniform that meets the requirements as applicable to M.U.T.C.D. and F.D.O.T. manuals and agreed upon by Contract Manager and Contractor(s). 1. Safety trimming Includes trimming for clearance over roadways and sidewalks, as well as trimming around street lights, signs and signals. 2. Clearance shall be a minimum of 17 feet above roadways and shall be measured from the highest point of the roadway. Clearance over sidewalks shall be a minimum of 9 feet measured from the highest point of the sidewalk. AN trimming shall be In accordance with American National Standards Institute (ANSI) A300 -current Pruning Standards, ANSI 2933.1 Safety standards. 3. All debris shall be properly disposed at the expense of the Contractor. Contractor shall adhere to the proper traffic control at all times using the F.D.©.T. 600 series as a guide. Door Hangers, approved by Seminole County Government, shall be utilized to properly notify all residents In effected areas 7 working days in advance. 4. Work will be assigned by release orders generated by Seminole County Government. Contractor(s) shall initiate routine work within ten (10) working days from receipt of orders. The safety trim program is generally systematic, grouping work orders into geographical units. Non -Emergency work will be assigned for completion during a typical workweek consisting of the days Monday through Saturday and hours of 7:30 a.m. through 4:00 p.m. 5. Emergency work will be assigned by release .order generated by Seminole County GovemmenL The Contractor(s) shall initiate "Emergency Work" within 24 hours from notification by Seminole County Government. 6. Contractor shall prune trees for safety clearance to a minimum of 17 feet above the highest point of the roadway and 9 feet above highest point of sidewalks and bicycle paths. All debris shall be property disposed of at the expense of the Contractor. Contractor shall prune trees that obstruct street light Illumination at various locations countywide. Contractor shall prune trees to achieve results exemplified In "Exhibit X 7. The project area shall be left In a clean and neat condition. Cieanktg/Sweeping of area shall be done to provide a well-groomed atmosphere. The use of plywood sheets shall be used to protect the ground where areas of heavy equipment may disturb or destruct the surface. Work shall be performed in accordance to the American National Standards Institute (ANSI) A300 Pruning Standards, ANSI Z133.1 Safety Standar. 8. Contractor shall utilize "County approved° door hangers for entire work site proximity, a minimum of 7 working days in advance of all regular or scheduled release orders. 9. Contractor shall grind stump and all roots, which may affect the final outcome of the project, as directed by the Contract Manager. Contractor(s) shall remove all materials from project, which have been disturbed and/or are not pre -approved for remaining on project after completion by Contractor(s). 10. Contractor shall remove underbrush (up to four inches in diameter, measured 12" above grade), cut flat and close to grade level, back to the County right-of-way, unless otherwise Indicated. AN debris shall be properly disposed of and all stumps shall be Immediately treated with the approved pesticide. • - Aa 2.1 SCOPE OF WORK. The Contractor shall provide all necessary management, supervision, personnel, materials, transportation, general and specialized tools and equipment required to accomplish all services for Seminole County Board of County Commissioners, as spacified In the Scope of Services. The Contractor shall Implement all necessary work control procedures to ensure timely accomplishment of work requirements, as well as to permit tracking of work In progress. The Contractor Is responsible for adequately planning and scheduling wont to assure material and labor availability to complete work requirements within the response times and quality standards established herd. 2.2 PERSONNEL ):jMj ilinage - The Contractor shall provide the County with the names, addresses, and telephone numbers of the Project Manager and Alternate with the submittal. The Contractor shah provide written notice to the County at least one week in advance of arty proposed change of Project Manager or Alternate and shall submit justification (Including the name and rationale for proposed change and how he/she will be phased In). No substitution shah be made by the Contractor without the written concurrence of the County Contract Administrator. The Project Manager or alternate shall return all calls from the County Contract Administrator within two (2) hours. The Project Manager shalt be available twenty-four (24) hours a day, seven (7) days a week, to act with full authority for the Contractor. This Individual shall be responsible. for the supervision, overall administration and coordination of all required services. The Project Manager shall be the point of contact with the County and have the authority to act or make decisions for the Contractor. 2.3 AI rnto — The Contractor shall designate at least one Alternate Project Manager to act for the Project Manager with the same authority during absences of the Project Manager (e.g., vacation and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate Project Manager(s) with the submittal. The Contractor shall provide written notice to the County Contract Administrator one week In advance of any change of Alternate Project Managers). 2.4 Other Eersonnel Reguiremente — The Contractor shall famish supervisory, administrative and direct labor personnel to accomplish all work required. The Contractor shall provide only personnel who are legally entitled to work in the United States to accomplish work and services specified herein. The Contractor's employees performing the services required by this contract shall have specialized training, prior work experience or demonstrated technical skills required to fulfill the specific contract requirements. 2.5 ProhiblOgn 11galrM hiring-off-duty County ernP12 — The Contractor shall not hire off�duty nor utilize under contract any person whose employment under the contract will, or appear to, result In a conflict of Merest or violation of the standards of conduct. In Instances of doubt, the Contractor shag refer the matter to the County Contract Administrator. 2.6 Emgigvee Physical Capabilities — There shall be no discrimination against employees on the basis of handicaps or other disabling conditions; however, employees shall only be assigned to duties which they can perform without endangering the health, safety and welfare of themselves or others. The Contractor shall have a duty to reasonably accommodate any handicap. 2.7 Standards of Conduct for Contractor Pereonn—gl — All Contractor personnel or representatives shall obey all regulations in effect during the contract period. The Contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and for taking disciplinary action against his/her employees as necessary. The County Contract Administrator will require the Contractor to remove from the job site any Contractor employee found under the influence of alcohol, drugs, or any other Incapacitating agent during the tour of duty. The Contractor shall also remove any employee whose conduct or appearance reflects disgrace or dishonor upon the County. The County reserves the right to require removal from the job site of any empkryee who endangers persons or property, whose continued employment is inconsistent with the interests of the government security, or whose presence deters the accomplishment of work. Furthermore, the County reserves the right to refuse to permit any Contractor employee to perform services under the contract who Is not In compliance with requirements of contract. In such cases, the County Contract Administrator will wise the Contractor of the ream for requesting an employee's removal or withdrawing his/her autiwriz ition to be In the facility. The removal from the job site of a Contractor employee shag not relieve the Contractor of the requirement to provide sufficient personnel to perform the work specified in the contract. 2.8 ,Employee Identiflcetion —All Contractor employees shag wear a Contractor fumished identification uniform with logo which shag be visible on the outside of their clothing, 2.1a Crontractor A Wlabillty — The Contractor shall provide a local telephone number, which Is not a toll call from Seminole County, where he/she or the designated representative may be reached during normal duty hours. The Project Manager and Alternate shall cavy a telephone and the number shall be provided to the County Contract Administrator or designated representative, prior to contract performance and Immediately upon any change, throughout the term of this contract. 2.10 Control of Personnel — The County will not exercise any supervision or control over Contractor personnel performing services under the contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of County personnel, or become an integrated part of the County organization in connection with performance under the contract, nor shall Contractor personnel be used in administration or supervision of County activities. 2.11 J!ermmnel Sbigc n —The Contractor shall be responsible for selecting personnel who are well qualified to perform the required services, for supervising techniques used in their work, and for keeping them inform of all improvements, changes, and methods of operation, 2.12 Q}tattty Ca►rstral Pranram. The Contractor shall establish and maintain a quality control program that identifies and results in correction of potential and actual problem areas throughout the entire scope of the contract The Contractor's quality control program shall contain processes for corrective action without dependence upon County direction and Include a customer complaint feedback system for commotion of validated complaints and to Inform the customer of corrections. At a minimum, the customer complaint shall contain procedures for the customer to file complaints with the Contractor, forms to be utilized by the customers, procedures for Investigation of the -complaint and feedback to the custorrrer and the County on the results and actions taken on the complaint. 2.13 Rework Services that are not performed to County's satisfaction or to the required specifications shall be performed or re -performed. Rework Is solely at the option of the County. The fact that a specific task has or has not been reworked will In no way effect the results of quality assurance random sampling, the calculated acceptable percentage or deductions which may result there from. Rework shall be accomplished within one (1) calendar day of notification by the County at no additional cast to the County. Contractor shall notify the County Contract Administrator or designated representative when rework requirements have been completed. 2.14 of t. The Contractor shall conduct operations In strk;t conformance with all local, federal, states rules and regulations applicable for the performance of required services. Upon commencement of worts under this contract, the Contractor shall implement a suitable safety program for employees performing work under this contract Work in the punk: Right of Way shall adhere to the M.U.T.C.D. and Florida Department of Transportation standards for proper traffic control. Crew size must be a minimum of two (2) employees and Increased as needed to comply with applicable safety standards. When Public safety warrants, unscheduled work orders may be assigned on an emergency basis. Contractor must respond within twenty-four (24) hours from time of notification. Where trees are in proximity to power lines, the Contractor is responsible for coordinating work through appropriate utility company and adhering to OSHA standard 1910.269, 1910.268 and 1910.33 for tree trimming near electrical conductors. 2.15 Smoke Free Environnwt. Smoking Is prohibited In County buildings except for designated smoking areas. Smoking Is not permitted in offices or common areas such as hallways, stairwells, restrooms, elevators, entryways, lobbies, conference rooms, classrooms. Permissible areas will be so designated. 2.16 Lena! County Widays. Days designated by Seminole County as legal holidays. These days are: New Year's Day Mardn Luther Kfng's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Day When such holidays fall on Saturday, the preceding Friday shall be considered a holiday. When such holidays UN on a Sunday, the succeeding Monday will be considered a holiday. 2.97 Secu ; The Contractor shall be responsible for the security of his/her property and the property of the Contractor's employees. 2.18 Vehlcle Registration. All vehicles operated in support of the contract, including Contractor and Contractor employees' privately owned vehicles or subcontractor vehicles, shall be properly reglsWred, Insured, licensed and safety Inspected In accordance with applicable Federal, state and local government requirements. 2.19 E ua� iorneWaucstlies. The Contractor shall furnish aft equipment and supplies necessary to perform the required services. 2.20 Halgrlaun Cb2MIcals. When a substance is determined to be hazardous, the Contractor shall perform in accordance with regulations such as OSHA. 2.21. Maftrbd S_s%W Date 9haets. The Contractor shall submit, at tits request of the County Contract Administrator, any or all Material Safety Data Sheets for hazardous materials proposed for use in the performance of the contract. In addition, the Contractor shall maintain copies available for review by the Contractor employees. 2.22. PMmi gs. Contractor shall assume full responsibility for any damage to any County property caused or alleged to have been caused by or incident to the execution of this Work. Contractor shall be responsible for the prompt and complete removal of all debris which Is a result of this contractual service. The Contractor shall provide all barricades and take all necessary precautions to protect buildings, underground utllitles, personnel and safety of the public. Part 4 Prhm Submittal IFS-60213844nLR —'rem Contract for Trace Trkmming, Removal alnd'Stump Grinding Name of BMder Lewis era servic.. nw. Melling Address: 900 Lamas Cordae Drier Street Address: 300 Laaiuv ooxdaa Drive eftyistatew. --- fe3_t :.nrlatts. rrx MA 24686 Phone Number. se 06-8208 FAX Number. 585 235--5864 E -Mall A&nm: iat�leYom9lewistxee.owa Pursuant to and In .compliance with the tnv;talion for Bid, Inalrucilans to BMers, and the other documents cuing thereto, the undwsIgned Mier, having familiarized himself with the farms of the Contred Documents, Iwai wrtcitiana affecting the delivery, hereby proles and agrees to provide services In a workmardlke mervw and In eirid oorrformfiy with Contract Documents, Including Addenda Nov. g&_ throuSh g a an fie at the Purchasing and Contracts Division for the amount hereinafter trot forth. The undersigned, as BIS, declares that the only persons or parr irdereated I this bid as ptindpals are those named herein; that this bid IS made without collusion with any person, firm or corporation; and he proposes and agrees, p the bid is accepted, that hefshe will execute an Agreement with the COUNTY in the form set forth in the Contract Documents; that halshe will furnish the Insurance Certificates. TOTAL. NY CF : $ 796.64S.50 4 pndade GMUP8 A, 8 Md C) f I IN WITNESS WHEREOF, BIDDER has hereunto Mocuted this FORM this ii day of I mo�.a�ex .20 x4 f Uvis Tree Service, iso. (Nam of BIDDER) (Signature ofFORM) 9.znard J. Xr3iY Vi" Prasidact (Printed name of person signing FORAM (Tille of person soft FORAM rF"Ml38-UMA - Tr" ftrsW% t Mw t *AV 17 Pop $ckdufa MW A - TISK AL: Memrad s L" to NAA . AN tri AWOM wN be meammW at bvmt h*WK SUBTOTAL A-1 8 9OO.387.00 1�. Oescri Lkft Prtcb Toil Ede 001 ctoirftm.dw 76 FA 6 51.84 1,288.50 Oat >1 1p to w &wow 254 EA 377.30 � 94,926.00 003 >24'to.90` c#arrta* 35 EA # amea $ 28,841.00 004 3,,36' dWnoW 26 EA # 1,514.10 $ 37,862.50 005 PRIM Tree 10 EA 6 377.30 8 3,773.00 SUBTOTAL A-1 8 9OO.387.00 1�. Oescri Lkft unnprbe Tow prk o Cat 4' to Ir dbmobw 26 EA 61.94 1,288.50 002 >'12 -to " 80 EA 877.So � 1805100 ->4-44 to 38` dbmeter 20 EA 852.60. 17;062.00 004 ' 6 EA $ 1.514.10 � 7,670.60 SUBTOTAL A-2 6 44,786.00 A-3 s- i c•1 f2y� CorropMW NaM.' 1*win '1 es &*"Los, 'no. rR4wwlvm-Tm Towmr4ammo emwv IW,412.59 is uw ft 9W. UnNs Lh*.Pflw Taw Wf VVIT dim 75 EA ".W "71M 02 ;Ply* to An iWMdW 20 A 14VO 35F526.00 W3 2Wto-S-W. dbnwbff. Is EJIi 4-254m 5 91916,00 004 4(r dWmgbr 25 EA W7.60 9;187'.50 SUBMAL 11-1 $ 69-M-00 RMW EaUngdod Qtf. Ufft Lh* Lem Oul 4* to tr dW=OW -Mv $ asm ffi 410,50 002 ;Olrtowdaftiew 10 A sffi 142..10 1,4 9.00 -M ;WW to W dkMfiW Is EA 'T S 254.80 3=00 ru iw dwt*w EA 367M ffi 9,8 7.50 SUBMTAL " $ 7.491.00, Company Na mw Lewin Tr" Sax -vice, Inc. FR41W1*1- QTLR I Tra*TMWVdkM O*Xft z 1 -.! I; i j:, 1 9'. lf7--V'17 bag $UJ$TO'TALP-1 $ 386,135.00 SUWWAIL C-2 S 11,20-00 ConpwV Non, Levis Tree 8"-VLcs# Inc. FUNISAWN" -T" T*nMkWSkmnp GdAft I Ci'71757li-770""M 77� $UJ$TO'TALP-1 $ 386,135.00 SUWWAIL C-2 S 11,20-00 ConpwV Non, Levis Tree 8"-VLcs# Inc. FUNISAWN" -T" T*nMkWSkmnp GdAft I zo Mall 7-71,77TROINU71 Tft Is -to ftwk de a Buc Truck ift a mk*mn 60-W boon mourded op a ttuok dwW9 and a brut.a *W ash•a mb*mwof 75 hp. Fea ttct u iub for tww orom must itvOtde d deaf mid b ked cod ,assoaWad w1h the wak. The key wN say it mk*nwm of 3 hauls to d+ambAmi Cfdvm.n * be mvgo* for stfatloe 24 hams from MW cam. ROtMNEISOHEDLUM BY TM HOW BY TW W M . BY THE MONTH I OA* Truck How. ! ; 3.084,OD !Week 15,407.33 / Mo nlh x 1 Mick# Truck 1 Cwp* $ 105.33 t s_ 4,213.20 /week 18".20 / Month 3 Mw 1 Btu" Truck 1 Truck'$'11628 / Ham. 4,881.20 -/Week $ 0,1__W .20 _ t 3 Mon 1 BudcstTruak 1 CtripW Truck 1 Chi' $ 140.66 / Hour $5,M-40/week 24.07 � t Month 4 AW Per ewe Ch"w 4 5.78 / Him $ 230• t Waek $ X6.87 / Month per*** Truck Buclatkrourd.Pa�on 10`"50 i Hour $ 860.00 two* s 2 R 0 Jmorith extre G $ 24.E l Hoke' $.97520 l Weak s 4a§.97 / Month CoraprrrryName: rew.ia Tr" serviae, ruo. r"wav4w"-TfteTO"kwftxv Oft" 27 Thin Is to i e -a audW Tnic G wNh a mftwm 60 -#cit boots tjmW Ona tuck -ch ! a bm ih ~ raft -a fakrhxr m of 75 hp. Fee for fmOv sra�ni's it * -an ear pi>dta�er ae� dit8 ! irtd+eGt afsi► tho vrGrk: The 6dWfly WN pay a mh am of 3 hours to nwbMw and dwndAm. Cmn fust:be avWWAs ibr aerviao 24 han %wn hft rte. iOEMCY.- U HOUR NPWOW CREWS BY'THK HOUR BY THE vam 1 tit Thuck gyp&, # 86.83 i HQW 13,8"20 1 WO* man I Bu" Thwk 134.44 3 / Hmr 5,378: it f Week I 1 ThA upper Tkx* 9 g 146.35 8„ 8 s 14.00- .t Wook SC*W 1 Tnv* Tttak 6 9T�.29 t Haar 61,130.40 / Wd�ek 1 4 Abn Per 6dmOhlpW 8:75 I $ Meek OXIM Peu kat iiuCk # 18 t I ur s 6W.iIO /Week Per of 32.91 l Hour 1,31644 Omdr d Person —,Week COMpW Name: Lewis free service, zno. Board of County Commissioners Seminole County, Florida ORDER ---------- Page 9 •. t Terms and Conditions 1. AGREEMENT. ibis Purchase Order hdud'mg these terms, canditions, and other referenced documents such as WIdItErtIM, specifications, and responses constitute the sole and entire agreement between the paries hereto. The County does hereby retain the Suppler to furnish those senricestCommodites and perform those tasks as described In this purchase order and as kother described In the scope of services, attached limb and incorporated herein, K applicable. This order shat be construed and Interpreted under the laws of the State of Florida. ,huiadiCUon end venue, with respect to any suit In connector with tis order, shall reside In SerNnote Carty, Florida. 2. D&NERY OF GOODS AND SERVICES. Failure to deliver the items or provide the service hereby ordered *I* wft the time specified shat enttelhe County lo camel tis order holding the Supplier accotntatbte therefore, and may charge the Wier with any increased cost or other We incurred thereon pursuant to Chapter 872 of the Floris Statutes, unless deferred shipment Is requested and agreed to by the County In writing. Payment or acceptance of any [tern after the delivery date shat not constitute a waiver of the County's right to cancel this oder with respect to subsequent deliveries. 3. WARRANTY. Supplier warrants all materials and services covered by ttls order to conform strictly to the spedfications, drawings, or samples as specified or furnished, and b be he from Warrior patent defects In materia orwork manft, K no qualty ie spedted, the, Supper warrants to Carty that the goods or service std be of the best grade of their respective kinds, or will meet or exceed the applicable standards for the Industry represented, and Is It for County's particular purpose. Supplier further warrants that at In time the goads or services are accepted by County, they shall trove been produced, soK delivered, and furnished In strict compliance with all applicable Federal and State laws, municipal ordinances, regulations, rules, labor agreements, and wnrcing lotions to which the gooks or services are subject. In addition to, and not In lieu of the above, that at the Orme of acceptance, the goods or services am applicable, meet or exceed the WpbM standards imposed by (a) Consume product Safety Act, (b) Occupalknisi Safety and Heath Act ftM Law 91- 5961, as amended, (c) Fair tabor Standards Act, as amended, and (d) to goods and services furnished haender are tree of any dates or tens of whatever nature wtather rgtthd or olharwise of any person, corporation, panther , or assodatlon. 4. MODIFICATIONS. This oder can be modified or rescinded only in writing by the partes or thefrduly authoized agents. 5. TERMINATION. The County may, by written notice to the Suppler, terminate ttds oder, in whole or in pet, at any lima, ether for the County's convenience or because of the fall re of the Suppler to UN Supplar's agreement obligations. Upon receipt of such notice, Supplier shall discontinue all deliveries affected urabss the notice directs; othernise. In such event, Canty shat be tahle only for materials or components procured, or wok done, or supplies partially fabricated within the authorization of this ordeL in no event shat Carty be liable for Incidental or consequential damages by me= of soh termination. 8. INDEMNIFICATION. Suppler agrees to protect, indemnify, save, and hold thammless County, is officers, sof employees from and against al lasses, costs, and expenses, and from and against an claims, demands, sulk, and actions for damages, losses, costs, and expenses and from and against all liability awards, chains of patent infringement, judgmeift, and derma of whatsoever nature for any and all damages to property of the County or others of whatsoever nature and for any and all Injury to any persons asdit out of or resin from the nagligem of Suppler, breach of this order In the manufacture of goods from any doteet in materials or workrnar ship, from the faAare of the goods to perform to its fur Capacity as spedlod In tae order, speckation, orother data, a from the breachofanyexpressorkToed warrants.The remedies afforded to the County by this clause are cumulative with, aid In no way effed ary other mai remedy the County may have wider this alar ora taw. 7. INSURANCE. Suppler chat obtain and maintain In fake adequate insurance as directed by the County. Supper may also be required to carry workers' compensetmn insurance in accordance with the laws of the Slate of Florida. Supplier shat banish County with Certificate of Insurance for all service related purchase orders and other specialized services performed at Supplier's location. Any certificate requestaso shat be provided to the Purchasing and Contracts Division within ten (10) days from notice. Supplier shag notify the County in the event of cancellation, arterial change, or altercation related to the Shpp lees Insurance Certificate. AN policies shag name Seminois County as an additional insured. It. INSPECTION. AA goads and services are subject to Inspection and rejection by the County at any time Including during their manufacture, construction, or preparation notwithstanding any prior payment or Inspection. Wit out Jim" any of the rights it may have, to County, at is option, may require the Suppte, at the SUpple's expense, to: (a) promptly repair or replace any or all rejected goods, or to curs or re. perform any or all rejected services, or (b) to refund the price of any or all rejected goods or services. Al such rejected goods will be herd for the Supplier's prompt Inspection at the Suppiler's risk Notting contained herein shat rellove, In any way, the Supplier from the obligation of testing, Inspection, and quality control. 9. TAXES, Seminole County Government is a non -prof t organization and not subject to tax. 10. FLORIDA PROMPT PAYMENT ACT. Suppliers shat be pad In accordance with tha State of Florida Prompt Paynenmt Act, Section 218.70, Florida Statutes, upon submission of proper fnvoioe(s) to County FUtance Department, P. 0. Box 8080, Sanford. Florida 32772. Invoices are to be bRed at the prior stipulated on the purchase oder. All invoices must reference Seminole Cotmty's order nrnber. 111. PAYMENT TERMS. It shat be understood that the cash discount period to the County will be from the data of the Invoice and not from the receipt of gcadsfservices. 12. PRICE PROTECTION. Supplier warrants that the price(s) set forth herein are equal to the lowest net price and the terms and cotlorns of sale are as favorable as the pd*s), terms, and conditions afforded by the Supplier to any other customer far goods or services of camp•arable grade or query during the term hereof. Supplier agrees that any pica reductions made In the goods or services covered by this order, subsequent to Its acceptance but prior to payment thereof, will be applicable to this order. 13. PACKAGING AND SHIPPING. Unless otherwise specified, all products anal be packed, pada*, marked, and otherwise prepared for shipment In a manner that Is: (a) In accordance with good commercial practice: and (b) acceptable to carman carriers for shipment at the lowest rate for the particular product, aro[ In accordance with ICC regulations, and adequate to insure safe arrival of the product at the named destination and for storage and protection against weather. Supplier shall mark at containers with necessary Aging, har dit and shipping infomnaton, are also this order number, date of shipment, and the name of the consignee and consignor. An itemized packing sheet must accompany each shipment At shipments, unless specified differently. shat be FOB destination. 14. QUANTITY. The quantities of goods. as Indicated on the face hereof, must not be exceeded without prior written authorization from County. Excess quantities may be returned to Supplier at Sdppkes expense. 15. ASSIGNMENT. Supper may not assign, transfer, or subcontract this oder or any right or obligation hereunder without Co nly's written consent Any purported assignment transfer or subcontract shag be rxal and broil. 18. EQUAL OPPORTUNITY EMPLOYER. The County Is an Equal Employment Opportunity (EEO) employer, and as such requires all Supphers or vendors to Comply with EEO regulations with regards to gerxder, age, race, veteran status, country of origin, and creed as may be applicable to the Supplier. Any subcontracts entererd into shat make reference to this clause with the same degree of application being encouraged. When applicable, the Supplier shall comply with all State and Federal EEO regulations. 17. RIGHT TO AUDIT RECORDS. The County shall be entitled to audit the books and records of Supplier to the extent that such books and records relate to the performance of the order or any supplement to the order. Supplier shat maintain such books and records for a period of Lose (3) years from the date of final parmemt ander the order unless the Canty otherwise crit flies a shorter period In writing. 18. FISCAL YEAR FUNDING APPROPRIATION. Unless otherwise provided by law, a order for supplies and w services may be carred Ido for any period of lime deed to be In tine best Interest of the County provided the tent of the order and conditkms of renewal or extension, K any, are included In the solicitations, and funds are available for the Ilia 0=I period of the order. Paynnent and performance obliged= for succeeding Ihsca periods shag be subject to the annual appropriation by Canty. 19. FAILURE TO ACCEPT PURCHASE ORDER. Faure of the Supplier to accept the oder as specified may be cause for cancellation of the award. Suppliers who default are subject to suspension andlor debarment. 20. AGREEMENT AND PURCHASE ORDER IN CONFLICT. Whenever the teras and conditions of the MafnAdester Agreement conal with any Purdwe Order Issued pursuant to k, the MalhWacer Agreement shall preval. 21. FLORIDA PUBLIC RECORDS ACT. Vendor must allow public access to at documents, papers, fetters or other material, whether made or rived In conjunction with this Purchase Order which are subject to the ptlbk records alit, Chapter 119, Fiotde Statutes. Rev. 3/2014 0 CERTIFICATEF LIABILITY INSURANCE °orl5rM2o�'S°A'f"`' 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(les) must be endorsed. if SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not corder rights to the certificate holder in lieu of such endorsements . PRODUCER MARSH USA INC. 70 LINDEN OAKS, SUITE 310 ROCHESTER, NY 14825 X PHONE 119, A Attn: Upsta#e.certrequastRPAarshOcen Fax 212-948.0930 LNLMM AffoRDlNo COVERAGE NAIL r INSA: ACE Amerkm inkmm Company 22887 310001-MAIN-CW14.15 INSURED LEWIS TREE SERVICE, INC. ATTN: RISK MANAGEMENT DEPARTMENT 300 LUCUS GORDON DRIVE INSURER 8: Indenalty Ins Co Of North America 43575 INSURER C : Stmr hderrudiy 8 LW'ty Company 38318 INSURER D : NIA NIA WEST HENRIETTA, NY 14588-9888 INSURER E Ir r_nV=0Ar.FS CFR71FICATE NUMBER- NYC -0 9 4"2 REVISION NUMBER:4 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. LTR TYPE Of INSURANCE NEER POLIO LI Mr$ A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLANS -MADE M OCCUR HDOG27338689 11101/2014 11!0112015 EACH OCCURRENCE $ 1,000,wo $ 1,000,000 MED EXP onePerson) $ 10,E PERSONAL. s ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,0DOX GEN'L.AGGREGATE LIMITAPPLIESPER: POLICY X LOC PRODUCTS -COMPIOPAGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS X AUTOS NON -OWNS hIREDAUTOS AUTOS Ix ISAH08$29391 11/O1/2()14 1110112015 jj=M,,8INME LIMIT $ 3,000,000 Booty INJURY (Per Person) $ BODILY INJURY (Per ao:lderd) $ PR ERTY GE $ $ CtlwsRELLALwB EXCESS LIAR X OCCUR CLAIMS MADE 1000021339 11/0112014 11!01/20{5 EACH OCCURRENCE $ 5.000.000 _ AGGREGATE $ 5,0011.09 DED I I RETENTION S$ B A WORKERS COMPENSATION AND EMPLOYERV LIABILITY YIN ANY PROPRrETOWPARTNERIEXECUTIVE (NINKI M n SER EXCLUDED Iyat devTI0 rxWer pESCRipTiONOFOPERATION36alow N/A S) WLRC48137672S 11 1 4 1110112014 t 1 1 5 11/0112015 WC TATU• TFF TC E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOY E $ E.L. DISEASE •POi.ICYLIMIT $ 1.DDD,00D DESCRIPTION Of OPERATIONS I LOCATIONS I VEHICLES (Attech ACORD 101, Additional Remarks Schedule, if mon space Is required) Re: FB•M138-14fTLR The Serrdnole County Board of County Commissioners, hs ollkdals, olkem, and employees are are Induded as additional hared (except workers' C.ompensa ion) where mored by written omtracL This halxance is primary and nonce over any exW9 Naurarm and limited to Iablity arktrg out of the operations of the named (neared and wipe required by written contract Coves Wudes pestiddelharblelde apPDcafr coverage. Seminole County, Purdraa)ng and Contrads 1301 East Secnd Street Sanford, FL 32771 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Moth USA Me. I(Imberty M Tortola 001998-2010 ACORD CORPORATION. Alf rights ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD