1133* Lewis Tree ServiceCity Of Sanford
Agreement With Lewis Tree Service, Inc.
For Tree Trimming /Tree Removal /Stump GrindingServices
(Piggyback)
This Agreement made and entered into this I day of July, 2010 by and between
the:
City of Sanford, Florida
City Hall
300 North Park Avenue
Sanford, Florida 32771
a municipal corporation of the State of Florida, holding tax exempt status, hereinafter
referred to as the "City," and:
Lewis Tree Service, Inc.
300 Lucious Gordon Drive
West Henrietta, New York 14586
a New York corporation, authorized to do business in the State of Florida, hereinafter
referred to as the "Tree Service Provider ".
The City and the Tree Service Provider are collectively referred to herein as the "parties"
Witnesseth:
Whereas, the Tree Service Provider has entered an agreement to provide services
to Seminole County to an Agreement which Agreement continues to be in effect
(hereinafter collectively the "Seminole County Agreement "; and
Whereas, the City desires to retain the Tree Service Provider for the work identified
in the specifications outlined in the Seminole County Agreement and for the periods set
forth in the Seminole County Agreement; and
Whereas, the Seminole County Agreement is attached hereto as Exhibit "A" along
with the certain other documents relating thereto to include, but are not limited to, the
documents relating to IFB- 600282- 07/TLRC which are incorporated herein by this
reference thereto; and
Whereas, the City desires to employ the Tree Service Provider for the performance
to support the activities, programs, and projects of the City upon the terms and conditions
hereinafter set forth and in the Seminole County Agreement, and the Tree Service Provider
is desirous of performing and providing such services upon said terms and conditions; and
Lewis Tree Service, Inc.
— Seminole County Piggyback Agreement
Page No. 1
Whereas, the Tree Service Provider hereby warrants and represents to the City that
it is competent and otherwise able to provide professional and high quality services to the
City;
Now, Therefore, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
Section 1: Extent Of Agreement/Integration/Amendment.
(a). This Agreement, together with the exhibits, constitutes the entire integrated
Agreement between the City and the Tree Service Provider and supersedes all prior written
or oral understandings in connection therewith. This Agreement, and all the terms and
provisions contained herein including, without limitation, the exhibits, constitute the full and
complete agreement between the parties hereto and supersedes and controls over any
and all prior agreements, understandings, representations, correspondence and
statements regardless of whether written or oral.
(b). This Agreement may only be amended, supplemented, or modified by a formal
written amendment.
(c). Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
Section 2: No General City Obligation.
(a). In no event shall any obligation of the City under this Agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of
the City or a general obligation or indebtedness of the City within the meaning of the
Constitution of the State of Florida or any other applicable laws, but shall be payable solely
from legally available revenues and funds.
(b). The Tree Service Provider shall not have the right to compel the exercise of the ad
valorem taxing power of the City.
Section 3: General Provisions.
(a). Each party hereto represents to the other that it has undertaken all necessary
actions to execute this Agreement and that it has the legal authority to enter into this
Agreement, and to undertake all obligations imposed on it. The person(s) executing this
Agreement for the Tree Service Provider certifies /certify that he /she /they is /are authorized
to bind the Tree Service Provider fully to the terms of this Agreement.
(b). This Agreement is for the services as described in this Agreement and are to be
accomplished in accordance with the controlling provisions of law and as directed by the
Lewis Tree Service, Inc.
— Seminole County Piggyback Agreement
Page No. 2
City to include all labor and materials that may be required.
(c). The Tree Service Provider acknowledges that the City may retain other contractors
to provide the same types of services for City projects. The City reserves the right to select
which contractor shall provide services for City projects.
(d). The Tree Service Provider acknowledges that the City has retained, or may retain,
other contractors and the coordination between said contractors and the Tree Service
Provider may be necessary from time -to -time for the successful completion of each Work
Order. The Tree Service Provider agrees to provide such coordination as necessary.
(e). The Tree Service Provider agrees to provide and ensure coordination between
goods /services providers.
(f). Time is of the essence of the lawful performance of the duties and obligations
contained in this Agreement to include, but not be limited to, each Work Order. The parties
covenant and agree that they shall diligently and expeditiously pursue their respective
obligations set forth in this Agreement and each Work Order.
(g). The Tree Service Provider shall maintain an adequate and competent staff and
professionally qualified persons throughout the performance of this Agreement to ensure
acceptable and timely completion of each Work Order.
(h). Requirements for signing and sealing plans, reports and documents prepared by the
Tree Service Provider shall be governed by the laws and regulations of Seminole County
and State regulatory agencies.
(i). No claim for services furnished by the Tree Service Provider not specifically
provided for herein shall be honored by the City.
Section 4: Commencement/implementation Schedule Of Agreement.
(a). The Tree Service Provider shall commence the provision of services as described in
this Agreement immediately upon execution of this Agreement and a Work Order
thereunder.
(b). The Tree Service Provider and the City agree to make every effort to adhere to the
schedules established for the various Work Orders as described in each Work Order.
However, if the Tree Service Provider is delayed at any time in the provision of services by
any act or omission of the City, or of any employee of the City, or by any other provider of
the same services, unusual delay in transportation, unavoidable casualties, or any other
causes of force majeure not resulting from the inactions or actions of the Tree Service
Provider and beyond the Tree Service Provider's control which would not reasonably be
expected to occur in connection with or during performance or provision of the services, or
by delay authorized by the City pending a decision, or by any cause which the City shall
decide to justify the delay, the time of completion shall be extended for such reasonable
Lewis Tree Service, Inc.
— Seminole County Piggyback Agreement
Page No. 3
time as the City may decide in its sole and absolute discretion. It is further expressly
understood and agreed that the Tree Service Provider shall not be entitled to any damages
or compensation, of any type or nature, or be reimbursed for any losses on account of any
delay or delays resulting from any of the aforesaid causes or any other cause whatsoever.
Section 5: Length Of Agreement.
(a). The term of this Agreement is coextensive with the term of the Seminole County
Agreement.
(b). The Tree Service Provider's services shall begin upon written notification to proceed
by the City as set forth in a Work Order.
(c). The Tree Service Provider's services shall be on a Work Order basis and may
include matters such as serving as an expert witness.
Section 6: Description Of Services.
(a). The Tree Service Provider agrees to provide the services as outlined and
described in this Agreement all of which are to be provided to the City in accordance with
the controlling provisions of law as more specifically outlined in Exhibit "A" and Work
Orders issued hereunder.
(b). The Tree Service Provider shall diligently and in a professional and timely manner
perform and provide the services outlined herein or as included in each subsequently
entered Work Order. Unless modified in writing by the parties hereto, the duties of the
Tree Service Provider shall not be construed to exceed the provision of the services
pertaining to this Agreement.
(c). The City and Tree Service Provider agree that there may be certain additional
services required to be performed by the Tree Service Provider during the performance of
the Work Orders that can not be defined sufficiently at the time of execution of this
Agreement. Such services shall be authorized in writing as a Change Order in accordance
with Section 9. The Work Orders may contain addititonal instructions or provide
specifications upon certain aspects of this Agreement pertinent to the work to be
undertaken. Such supplemental instructions or provisions shall not be construed as a
modification of this Agreement.
Section 7: Notices.
(a). Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the place for
giving of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this Section.
Lewis Tree Service, Inc.
— Seminole County Piggyback Agreement
Page No. 4
(b). For the present, the parties designate the following as the representative places for
giving of notice, to -wit:
(1). For the City:
City Manager
City of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
(2). For the Tree Service Provider:
Lewis Tree Service, Inc.
300 Lucious Gordon Drive
West Henrietta, New York 14586
(c). Written notice requirements of this Agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies hereunder. The
Tree Service Provider agrees not to claim any waiver by City of such notice requirements
based upon City having actual knowledge, implied, verbal or constructive notice, lack of
prejudice, or any other grounds as a substitute for the failure of the Tree Service Provider
to comply with the express written notice requirements herein. Computer notification (e-
mails and message boards) shall not constitute proper written notice under the terms of the
Agreement.
Section 8: Work Orders.
(a). The provision of services to be performed under this Agreement may commence
immediately upon the execution of this Agreement or a Work Order as directed and
determined by the City. Services to be provided by the Tree Service Provider to the City
shall be negotiated between the Tree Service Provider and the City. Each Work Order
shall reference this Agreement by title and date, include a detailed description of quantities,
services, and a completion schedule, and will be provided on Tree Service Provider
letterhead. Services described in said Work Order will commence upon the issuance of a
City Notice -to- Proceed.
(b). If the services required to be performed by a Work Order is clearly defined, the
Work Order shall be issued on a "Fixed Fee" basis. The Tree Service Provider shall
perform all services required by the Work Order but in no event shall the Tree Service
Provider r be paid more than the negotiated Fixed Fee amount stated therein.
(c). The Tree Service Provider and the City agree to make every effort to adhere to the
schedule established for the various Work Orders described in the Work Order.
(d). If the services are not clearly defined, the Work Order may be issued on a "Time
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Lewis Tree Service, Inc.
— Seminole County Piggyback Agreement
Basis Method" and contain a Not -to- Exceed amount. If a Not -to- Exceed amount is
provided, the Tree Service Provider shall perform all work required by the Work Order; but
in no event shall the Tree Service Provider be paid more than the Not -to- Exceed amount
specified in the applicable Work Order.
(e). For Work Orders issued on a "Fixed Fee Basis," the Tree Service Provider may
invoice the amount due based on the percentage of total Work Order services actually
performed and completed; 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.
(f). For Work Orders issued on a "Time Basis Method" with a Not -to- Exceed amount,
the Tree Service Provider may invoice the amount due for actual work hours performed,
but in no event shall the invoice amount exceed a percentage of the Not -to- Exceed amount
equal to a percentage of the total services actually completed.
(g). Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not -
to- Exceed amount shall be treated separately for retainage purposes. If the City
determines that work is substantially complete and the amount retained, if any, is
considered to be in excess, the City may, at its sole and absolute discretion, release the
retainage or any portion thereof.
(h). For Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount, the Tree Service Provider may invoice the amount due for services actually
performed and completed. The City shall pay the Tree Service Provider one hundred
percent (100 %) of the approved amount on Work Orders issued on a "Time Basis Method"
with a Limitation of Funds amount.
Section 9: Change Orders.
(a). The City may revise the description of services set forth in any particular Work
Order.
(b). Revisions to any Work Order shall be authorized in writing by the City as a Change
Order. Each Change Order shall include a schedule of completion for the services
authorized. Change Orders shall identify this Agreement and the appropriate Work Order
number. The Change Orders may contain additional instructions or provisions specific
upon certain aspects of this Agreement pertinent to the services to be provided. Such
supplemental instructions or provisions shall not be construed as a modification of this
Agreement. An agreement between the parties on and execution of any Change Order
shall constitute a final settlement and a full accord and satisfaction of all matters relating to
the change of work and /or services and to the impact of the change on unchanged goods
and /or work including, but not limited to, all direct and indirect costs of whatever nature
and all adjustments to the Tree Service Provider's schedule.
(c). If instructed by the City, the Tree Service Provider shall change or revise work that
has been performed, and if such work is not required as a result of error, omission or
6
Lewis Tree Service, Inc.
— Seminole County Piggyback Agreement
negligence of the Tree Service Provider, the Tree Service Provider may be entitled to
additional compensation. The Tree Service Provider must submit for City approval a
revised proposal with a revised fee quotation. Additional compensation, if any, shall be
agreed upon before commencement of any such additional work and shall be incorporated
into the work by Change Order to the Work Order.
Section 10: Compensation.
(a). Compensation to the Tree Service Provider for the services performed on each
Work Order shall be as set forth the Work Order /Change Order or as set forth in the
Seminole County Agreement which enumerates rates and charges of the Tree Service
Provider by stating various unit prices which the City may utilize in issuing Work Orders
from time -to -time.
(b). The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc.
and other items not directly attritbutable to items produced for each Work Order.
(c). Work performed by the Tree Service Provider without written approval by the City's
designated representative shall not be compensated. Any work performed by the Tree
Service Provider without approval by the City is performed at the Tree Service Provider's
own election.
(d). In the event the City fails to provide compensation under the terms and conditions of
this Agreement, the Tree Service Provider shall notify the City's designated representative
in order that the City may take remedial action.
Section 11: Invoice Process.
(a). Payments shall be made by the City to the Tree Service Provider when requested as
work progresses for services furnished, but not more than once monthly. Each Work Order
shall be invoiced separately. The Tree Service Provider shall render to the City, at the
close of each calendar month, an itemized invoice properly dated, describing all services
rendered, the cost of the services, the name and address of the Tree Service Provider,
Work Order Number, Contract Number and all other information required by this
Agreement.
(b). Invoices which are in an acceptable form to the City and without disputable items will
be processed for payment within thirty (30) days of receipt by the City.
(c). The Tree Service Provider will be notified of any disputable items contained in
invoices submitted by the Tree Service Provider within fifteen (15) days of receipt by the
City with an explanation of the deficiencies.
(d). The City and the Tree Service Provider will make every effort to resolve all
disputable items contained in the Tree Service Provider's invoices.
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Lewis Tree Service, Inc.
— Seminole County Piggyback Agreement
(e). Each invoice shall reference this Agreement, the appropriate Work Order and
Change Order if applicable, the billing period, and include the Project Status Report for the
period being billed.
(f). The Florida Prompt Payment Act shall apply when applicable.
(g). Invoices are to be forwarded directly to:
Finance Director
City Hall
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Section 12: Severability /Construction.
(a). If any term, provision or condition contained in this Agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this Agreement, or the application of
such term, provision or condition to persons or circumstances other than those in respect
of which it is invalid or unenforceable, shall not be affected thereby, and each term,
provision, and condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law when consistent with equity and the public interest.
(b). All provisions of this Agreement shall be read and applied in pan materia with all
other provisions hereof.
(c). Violation of this Agreement by the Tree Service Provider is recognized by the parties
to constitute irreparable harm to the City.
Section 13: Indemnity.
(a). To the fullest extent permitted by law, the Tree Service Provider shall indemnify,
hold harmless, and defend the City, its agents, servants, officers, officials, and employees,
or any of them, from and against any and all claims, damages, losses, and expenses
including, but not limited to, attorneys fees and other legal costs such as those for
paralegal, investigative, and legal support services, and the actual costs incurred for expert
witness testimony arising out of or resulting from the performance or provision of services
required under this Agreement, provided that same is caused in whole or part by the error,
omission, negligent act, failure to act, malfeasance, misfeasance, conduct, or misconduct
of the Tree Service Provider, its agents, servants, officers, officials, employees, or
subcontractors. The City does not waive its right to assert consquential damages against
the Tree Service Provider.
(b). In accordance with Section 725.06, Florida Statutes, adequate consideration has
been provided to the Tree Service Provider for this obligation, the receipt and sufficiency of
which is hereby specifically acknowledged.
8
Lewis Tree Service, Inc.
— Seminole County Piggyback Agreement
(c). Nothing herein shall be deemed to affect the rights, privileges, and immunities of the
City as set forth in Section 768.28, Florida Statutes.
(d). In claims against any person or entity indemnified under this Section by an
employee of the Tree Service Provider or its agents or subcontractors, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable, the
indemnification obligation under this Section shall not be limited by a limitation on amount
or type of damages, compensation, or benefits payable by or for the Tree Service Provider
or its agents or subcontractors, under workers compensation acts, disability benefits acts,
or other employee benefit acts.
(e). The execution of this Agreement by the Tree Service Provider shall obligate the
Tree Service Provider to comply with the indemnification provision in this Agreement;
provided, however, that the Tree Service Provider shall also comply with the provisions of
this Agreement relating to insurance coverages.
Section 14: Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same
document.
In Witness Whereof, the parties hereto have made and executed this Agreement
on the respective dates under each signature with the City acting through its City
Commission and the Tree Service Provider signing by and through its duly authorized
corporate officer having the full and complete authority to execute same.
Attest: w s Tree S
B ov��
u orized Corporate ttesting Authorized Corpora e Officer
'Corporate Officer Thomas R. Rogers - Pre ' dent
James W. Stenger - Sr. V.P.
Attest:
Janet Dougherty, ity CI
For use and reliance of the
Sanford City Commission only.
Aoo roved as to form and leg
Iliam L. Colbe
p�/,✓rc ��
/1C/1
7/19/10
Date
City Of nford
Linda uhn, Mayor
Date
Lewis Tree Service, Inc.
- Seminole County Piggyback Agreement
q
T44EURM CONTRACT FOR TREE TRIMMING AND/OR Ro ,L AND STUMP GRINDING
(IFB-600282-07/TLR)
THIS AGRE M 'is made and entered into this da o f
2 0 08 b and between LEWIS TREE SERVICE, INC
... .. ... . .
dul authorized to conduct business in the State of Flor'ida, whose
address is 300 Lucius Gordon Drive, W. Henrietta,. New York 145.86,
hereinafter called "CONTRACTOR" and SENINOLE COUMY,, a political
subdivision of the State of Florida, whose address is Seminole Count
Services Buildin 1101 East First Street, Sanford, Floraida 32771,
hereinafter called "COUNTY".
W I T N E S S E T H:
WHEREAS, COUNTY desires to retain the services of a competent and
q ualified contractor to provide 'tree trimming a.nd/or removal and stump
g rindin g services for Seminole Count and
WHEREASO, COUNTY has re and received expressions of interest
for the retention of services of dontract ors ; and
WHEREAS, CONTRACTOR is competerit and q ualified to provide tree
trimmin and/or removal and stump g rindin g services and. desires to
provide services according to the terms and conditions stated herein,
NOW, THERE in consideration of the mutual understandin and
covenants set forth herein, COUNTY and CONTRACTOR a as follows:
SECTION 1, SERVICES, COUNTY does hereb 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 .b all re as contained in the solicitation packa and
all addenda thereto, Re services shall be specificall enumer-
ated, described, and depicted in the Purchase Orders au�thori
specific services. This A standin alone does not authoriAe
servi'ces or re COUNTY to place an orders for work.
GERTMED COPY
MARYANNE MORSE
UERK Of CIRCUIT COURT
IFB-600282-07/TLR (Secondar
Z S NOLE 99UNTY. oftl Pa I of 17
D &UTY CLERK
SECTION 20' TERM, This A sha . 11 take effect on .e' .ate of
its execution b COUNTY and shall run for a period of five (5) y ears.
At the sole-option of COUNTY, this-A ma be renewed for two (2)
successive periods not to exceed one (1) y ear each. Exp'iration of the
term of this A shall have no effect upon Purchase orders issued
pursuant to this A and prior to the expiration date. Obli
tions entered there in b both parties shall remain in effect until
deliver and acceptance of- the services authorized b the Purchase
Order. The first three (3) months of the initial term shall be consid-
ered probationar Durin ,the probationar period, COUNTY. ma immedi-
atel terminate this A at an time, with or without cause, upon
w *tten notice to CONTRACTOR.
rl
SECTION 3, AUTHORIZATION FOR SERVICES. Authorization for provi-
sion of services b CONTRACTOR under this A shall be in the form
of written Purchase Orders issued.,_.-and". executed b COUNTY and si b
CONTRACTOR. A sample Purchase attached hereto as Exhibit B.
Each Purchase Order shall describe the services re and shall state
the dates for performance - of services and establish the amount and
method of pa The Purchase Orders will be issued under and shall
incorporate the terms of this A COUNTY makes no covenant or
promise as to the number of available Purchase Orders or that CONTRACTOR
will perform an Purchase Order for COUNTY durin the life of this
A COUNTY reserves the ri to-contract with other parties for
the services contemplate'd b this A when it is determined b
COUNTY to' be in the best interest of COUNTY to do so.
SECTION 4, TIME FOR COMPLETION, The services to be provided b
CONTRACTOR shall be performed, as specified in such Purchase Orders as
ma be issued hereunder, within the time specified therein.
SECTION 5, COMPENSATION, COUNTY a to compensate CONTRACTOR
for the professional services called for under this A on a
IFB-600282-07/TLR (Secondar
Pa 2 of 17
"Fixed Fee" basis. When a Purchase Order is issued for a Fixed Fee
basis, then the app Purchase Order Fixed Fee amount . 'shall include
a ny and all reimbursable expenses. T total annual compensation pais
t o CONTRACTOR ,"sur .n o thi Agreement, in cluding r e imb ursabl e
expenses, shall not exceed the annual amount budgeted by COUNTY for tree
trimming and/or -removal and stump grind services.
SEAT 6. PAINT AND - BILLING M
( CONTRACTOR shall supply all services required by the Pur'chase
Order, but in no event shall CONTRACTOR be paid more than the negotiate
Fixed Fee amount stated within thi each u s Order.
(b) For Purchase Or ders. issued on Fixed Fee basis,, CONTRACTOR
may invoice the amount due based on he percentage of total Purcbase
Or der servi actually provided; but n no event shal the 'invoic
am ount exceed a percentage of he Fixed Fee amount equal to a percentage
of the total services actually orgpI c .
M1 k 4
` r• \
7 } � f + s {
{ P s e r u e -,.,. � � . UN t o CONTRACTOR w hen requ
,'A..rirs �r.,•'.
a s services ar e furnished but not more than once monthly. Each Purchase
Order shall be invoiced separately. At the close of each calendar week,
CONTRACTOR shall re to COUNTY an itemized invoice, properly Gated,
describing any services p rovid ed, th e cost of th services th erein, the
name and address of CONTRACTOR, 'urchase Order Number, Contract Number,
a nd any other information rec, ui ec y this Agreement.
The original invoice and one ) copy shall be sent to
D irector of County Finance
Seminol County B oard of County Commissioners
Post Office Box 8080
S Florida 32772
Copies of the invoice shall be se to:
Leisure Servi Departm
845 Lake Markham Road
Sanford, FL 32771
Roa ds/S t orm w ater Division
177 Bush Boulev
Sanford, FL 32773
I -600282 -- 7 L (Secondary)
Pag 3 of 17
(d) Pa shall'be made after review and approval b COUNTY
within thirt (30) da of receipt of a proper 'Invoice from CONTRACTOR.
SECTION 7. GENERAL TERMS OF PAYMENT AND BILLING.
(a) Upon satisfactor performance of services re hereunder
and upon acceptance of the services b COUNTY,, CONTRACTOR ma 'Invoice
COUNTY for the full amount of compensation provided for under the terms
of this A less an amount alread paid b COUNTY. COUNTY all
pa CONTRACTOR within thirt (30) da of receipt of proper invoice.
(b) COUNTY ma perform or have -performed an audit of the records
of CONTRACTOR. after final pa to support final pa hereunder.
This audit would be performed at a time mutuall a to CONTRACTOR
and COUNTY subse to the close of the final fiscal period in which
the last services are provided. Total compensation to CONTRACTOR ma be
determined subse to an audit as provided for 'in subsection (b) of
this Soction, and the total compensation s determined shall be used to
calculate final pa to CONTRACT-,, -, Conduct of this audit shall not
dela final pa as provided b subsection (a) of this Section.
(c) CONTRACTOR a to maintain all books, documents, papers,
accountin records, and other evidence pertaining to services provided
under - this A in such a manner as will readil conform to the
terms of this A and to make such services available at CONTRAC-
'der 's office at all reasonable times durin the A period and for
five (5) y ears from the date of final pa under the contract for
audit or inspection as provided for in subsection (b) of this Section.
(d) In the event an audit or inspection conducted after final
pa but within the period provided 'in para (c) of this Section
reveals an overpa by COUNTY under the terms of the A
CONTRACTOR shall refund such over pa to COUNTY within thirt (30)
days of notice b COUNTY.
1FB-600282,-07/TLR (secondar
Page .4 of 17 .
SECTION 8, RESPONSIBILITIES OF CONTRACTOR, Neither COUNTY! S
review, approval, or acceptance of, nor pa for, an of the services
re all be construed to operate as a- waiver of an ri u nder
this A or of an cause of action arisin out of the performance
of this. A CONTRACTOR shall be and alwa remain liable to
y 4
COUNT in accordance with applicable law for an and all dama to
COUNTY caused b CONTRACTOR's ne or wron provision of an of
the services furnished under this A
SECTION 9, TERMINATION.
(a) COUNTY ma b written notice to CONTRACTOR terminate this
A or an Purchase Order issued hereunder, in wh or in part,
at an time, either for COUNTY'S convenience or because of the failure
of CONTRACTOR to fulfill its A obli Upon receipt of
such notice, CONTRACTOR shal 1 immediatel discontinue all services
affected, unless the notice direct. ,.,.. .erwlse, and deliver to COUNTY all
data, drawin specifications, te t, estimates, summaries, and an
p,
and all such other information and services of whatever t or nature
as ma have been accumulated b CONTRACTOR in performin this A
whether completed or in proc'ess.
(b) If the termination is for the convenience of COUNTY,
CONTRACTOR shall be paid compensation for services performed to the date
of termination.
(c) If the termination is due to the failure of CONTRACTOR to
fulfill its A obli COUNTY ma take over the work and
prosecute the same to completion b other A or otherwise. In
such case, CONTRACTOR shall be liable to COUNTY for all reasonable
additional costs occasioned to COUNTY thereb CONTRACTOR shall not be
liable for such additional costs if the failure to perform the A
arises without an fault or ne of CONTRACTOR; provided, however,
that CONTRACTOR shall be responsible and Zia. ble.for the actions of its
IFB-600282-07/TLR (Secondar
Pa 5 of 17
subcontractors, a emplo and persons and entities of a similar
t or nature. Such - causes ma include acts of God or -of the publ lic
enem acts of COUNTY in its sover-ei or contractual capacit fires,
floods, epidemics, q uarantine restrictions, strikes, frei embar
and unusually severe weather; but in ever case the failure to perform
must be be the control and without an fault or ne of
CONTRACTOR.
(d) If after notice of termination for failure to fulfill its
A obli 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 A pri ce shall be made as provided in subsection (b) of this
Section.
The ri and remedies of COUNTY provided for in this
Section are in addition and suppl tal to any- and all other rights and
remedies provided b law or under .��i ,--.:..:-
SECTION 10. AGREE MM AND PURCHASE ORDER IN CONFLICT. Whenever
the terms of this A conflict with an Purchase Order issued
pursuant to it, this A shall prevail.
SECTION 11, E OPPORTUNITY EMPLOYMENT. CONTRACTOR a that
it will not discriminate a an emplo or applicant for emplo
ment for work under this A because of race, color, reli
sex, a disabilit or national ori and will take st to ensure
that applicants are emplo and emplo are treated durin emplo
without re to race, color, reli g ion,. sex, a disabilit or
national ori This provision shall include, but not be limited to,
the followin emplo up demotion or transfer; recruitment
advertisin la or termi .at iton, - rates of pa or other forms of
compensation- and selection for trainin including apprenticeship.
......................................
]:FB_6G0282-07/TLR (Secondar
Pa 6 of 17
SECTION 12, NO CONTINGENT FEES. CONTRACTOR warrants that it .a.
not employed or `e aine any c ompany or person. other' than a bona f i e
employee ro ki ole y for CONTRACTOR to solicit or secure this
A and ha. it not paid or agreed to pay any person, company,
corporation, individual, or firm other .pia a bona fide employee v oar in
solely for CONTRACTOR,, any fee, c ommission, percentage, gift.. or other
consideration contingent upon or resulting from award or making of this
Agreement. For the breach or iola io of this pr ovision,, COUNTY shall
have the right to terminate the Agreement at its sole d iscretion,
without liability and. to deduct from the Agreement price or otherwise
recover the full amount of suc.h fee, commission, percentage,, gift, . or
consideration.
SECTION 13. CONFLICT OF INTEREST.
(a. ) CONTRACTOR agrees that it will not contract for oar ' accept
employment for the performance o ._.. .... work or service with any individ-
ual, business, corporation, or ..U. _ r-nment unit ha t would create
conflict of interest e 'in the performance of its obligations a x to
this Agreement wi COUNTY.
(b ) CONTRACTOR agrees that will neither take any action nor
engage i n any conduct that would cause any COUNTY employee to violate
the provisions of Chapter 112 , Florida Statutes, `ela o ethics in
g overnment.
(e ) the event that CONTRACTOR causes or in any way promotes or
encourages a COUNTY officer, e l o ree , or agent to violate Chapter 112,
Florida Statutes, COUNTY shall have the right to terminate this Agree-
ment .
SECTION 14, ASSIGNMENT. This Agreement, or any interest herein,,
shall not be assigned, transferred, or otherwise ex e .bere dear any
circumstances bar the parties hereto without prior written consent of the
other party and in such oases only by a document of equal dignity
............... ............................... .
IF - 8600282 -0' (Secondary)
Page 7 of 17
herewith.
SECTION 15, SUBCONTRACTORS. In the event that CONTRACTOR, during
the course of the work under this A re the services of
subcontractors or other professional as'sociates in connection with
services covered b this A CONTRACTOR must first secure the
prior express written approval of COUNTY. if subcontractors or other
professional associates are re in connection with the services
covered b this A CONTRACTOR shall remain full responsible for
the' services of subcontractors or other professional associates.
SECTION 16, INDEKNIFICATION OF COUNTY. CONTRACTOR a to'hold
harmless and indemnif COUNTY and its commissioners, officers, em-
plo and a a an and all claims, losses, dama or
lawsuits for dama arisin from, alle arisin from, or related
to the provision of services hereunder b CONTRACTOR.
SECTION 17, INSURANCE.
(a) GENERAL. CONTRACTOR at its own cost,, procure the
insurance re under this Section.
(1) Prior to commencement of work pursuant to this A
ment, CONTRACTOR shall furnish COUNTY with a Certificate of Insurance
si b an authorized representative of . the insurer evidencin the
insurance re b this Section (Workers' Compensation/Employer's
.Liabilit Commercial General Liabilit and Business Auto). COUNTY and
its officials, officers, and emplo shall be named additional insured
under the Commercial General Liabilit Polic The Certificate of
Insurance shall provide that COUNTY shall be g iven not less than thirt
(30) da written notice prior to the cancellation or restriction of
covera Until such time as the insurance is no lon re to be
maintained b CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal
or replacement Certificate of Insurance not less than thirt (3 0) aa
before expiration or replacement of the insurance for which a previous
IFB-600282-07/TLR (Secondary)
Pa 8 of 17
certificate has been provided.
(2) The Certif i a e. shal c ontain a statement that it is
being provided in accordance with the Agreement and .a the insurance
is in full c ompliance with the requirements of the Agr eement, In lieu
of .o statement o the Certificate, CONTRACTOR will at the option o
COUNTY submit a sworn, . o. a i z e statement from. an authorized repres -
ative' of the insurer that. the Cert1ficate is being provided in o c -
a ..oe with the Agreement and that the insurance is in full compliance
with the requirements of .e Agreement.
() In addition to providing the Certificate of Insurance,
if qui e by COUNTY, CONTRACTOR shall, within thirty ( o days after
receipt of the requ provide COUNTY with a certified oozy of each o
t he . policies of insurance providing the coverage require by this
Section.
Neither a. o al �Dy COUNTY nor failure to disapprove
4
the insurance furnished y C N RAC .° shall relieve CONTRACTOR of 'Its
full responsibility for performance of any obligation inclu .
CONTRACTOR indemnification of COUNTY under i s Agreement.
IN SURANCE C OMPANY REQUIR EMENTS . Insurance companies provi.d-
ing the insurance wader this Agr eement mush. meet , the following require-
ments:
( 1) Companies issuing policies other than Workers' Compen-
sation must be authori to c onduct s .ess .i the State of Florida
and pr ove same b maintaining Certif icates of a .o i y issued to the
c ompanies y the Department of nsu a e of the State of to i a.
Policies for Workers' Compensation may be issued b companies authorize
as a. gro up self- insurer by Section 440.57, Florida Statutes.
( 2 ) IIn addition, s pa. companies other than those authorized
b y Section. 440.57, Florida Statutes, shall have and maintain a Be
Rating of "A" or better and a Financial Size Category of "VII" or better
`-0 -0`L (Secondary)
Page 9 of 1
accordin to A.M. Best Compan
(3) If durin the pe'riod which an insurance compan is
providin the insurance coverage re b this A an insur-
ance compan shall: (i) lose its Certificate of Authorit (ii) no
lon compl with Section 440. 57, Florida Statutes,, or (iii) fail to
maintain the re Best's Ratin and Financial Size Cate
CONTRACTOR shall, a's soon as CONTRACTOR has knowled of. an such
circumstance, immediatel notif COUNTY and immediately replace the
insurance coverag.e provided b the insurance compan with a different
insurance compan meetin the re of this A 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 A
(c) SPECIFICATIONS. Without limiting an of the other obli
tions or liabilit of CONTRACT OR, CONTRACTOR shall, -at its sole expense,
procure, maintain, and keep' in 1 .6,r_de= amounts and types of insurance
conformin to the minimum re set forth in this subsection.
Except as otherwise spec if ied in the A the insurance shall
become effective prior to the commencement of work b CONTRACTOR and
shall be maintained in force until the A completion date. The
amounts and t of insurance shall conform to the followin minimurn
re
(1) Workers' Compensation/Emplo Liabilit
(A) CONTRACTOR.' s insurance shall cover CONTRACTOR for
liabilit which would be covered b the latest edition of the standard
Workers' Compensation Polic as fi for use in Florida b the National
Council on . Compensation Insurances without restrictive endorsements.
CONTRACTOR will also be responsible for procurin proper proof of
covera from.its subcontractors of ever tier for liabilit which is a
result of a Workers' Compensation injur to the subcontractor's emplo
IFB-600282-07/TLR (Secondar
Pa 10 of 17
ees. The minimum re limits to be provided b b o th CONTRACTOR and
its subcontractors are outlined in subsection (c) below. In addition to
covera for the Florida Workers Compensation Act, where appropriate,
covera is to be included for the United States Lon and Harbor
Workers' Compensation Act,, Federal Emplo Liability Act, and an
other applicable federal or state law.
(B) Subject to the restrictions of covera found' in
the standard Workers' Compensation PoliLc there shall be- no maximum
limit on the amount of covera for liabilit imposed 'b the Florida
Workers' Compensation Act, the United States Lon and Harbor
Workers' Compensation Act, or an other covera customaril insured
under Part One of the standard Workers' Compensation Polic
(C) The minimum amount of covera under Part Two of
the standard Workers' Compensation Polic shall be:
$100'r000.00 (E.ach Accident)
$100f000.00 DIsPase-Polic Limit)
$100F000.00 , . %wils'ea s e -Each Emplo
4 1 - ktx
(2) Commercial General Liabilit
(A) CON `RA CTOR's insurance shall cover CONTRACTOR for
those sources of liabilit which would be covere.d b the latest edition
of the standard Commercial General Liabilit Covera Form (ISO Form CG
00 01 as filed for use in the State of Florida b the Insurance
Services office, without the attachment of restrictive endorsements
other than the elimination of Covera C, Medical Pa and the
elimination of covera for Fire Dama Le Liabilit
(B) The minimum limits to be maintained b CONTRACTOR
(inclusive of an amounts provided b an Umbrella or Excess polic
shall be as follows:
LIMITS
General A Three (3) Times the
Each Occurrence Limit
IFB-600282-07/TLR (Secondar
Pa 11 of 17
Personal Advertising $300,000.00
Injury Limit
Each Occurrence Limit $300. o 000-00
3 Business Auto Policy.
(A) CONTRACTOR'S J'Lnsurance shall cover CONTRACTOR for
those sources of la a ili r iLch would be covered by Part Iv of the
latest edition of the standard Business Auto o l cy So Form CA, 0.0 01
as le for use in the State of to .c a by the Insurance Service
Off w ithout the attachment of e i c t ve endorsements. Cove `a e
shall include owned, non-owned, , a hired autos.
The minimum limits o be maintained by CONTRACTOR
(inclusive o any amounts - ov e by an Umbrella or Excess polic
.all be per-accident, combined single limit for 'bodily 'injury liability
and property damage 1. a i it . If the coverage is j e to an
aggregate, CONTRACTOR shall maintain separate aggregate limits of
coverage applicable o clai air ..,i q`, out of or in connection with the
work under this Agreement. The se gate aggregate limits o be main-
tained by CONTRACTOR shall be a minimum of three 3 ) tdimes 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 e
LIMITS
Each Occurrence odi l $300,000.00
Injury and Property Damage
Li Combined
COVERAGE. The insurance provided by CONTRACTOR pursua o
this Agreement shall apply on a primary basis and any other insurance or
self-insurance a . aine d by COUNTY or oLNTY' S officials, o ce , or
employees shall be excess of and not contributing with the insurance
provided ,r or on e al of CONTRACTOR.
.............................
UB- 600282 -0 (Secondary)
Page 12 of 17
( e ) OCCURRENCE BASIS. The Workers' Compensation Polic and the
Commercial General Liabilit re b this A shall be
rov l
ide d on an occurrence rather than a claims-made basis.
p
(f) OBLIGATIONS Compliance with the fore insurance
re shall not relieve CONTRACTOR, its emplo or its a
of liability from an obli under a Section or an other portions
of.-this A It shall also tae 'the responsibility of CONTRACTOR'-to
ensure' that all of its subcontractors performin services under this
A are in compliance with the insurance re of this
A as defined above.
SECTION 18. DISPUTE RESOLUTION.
(a) In the event of a dispute related to an performance or
pa obli arisin under this A the parties a to
exhaust COUNTY dispute resolution procedures prior to fai-lin suit or
otherwise pursuin le remedies._.....,.�C
PUNTY dispute resolution procedures
f or proper invoice and pa dik"ap es are set forth in Section 22,1 5,
"Prompt Pa Procedures," Seminole Count Administrative Code.
Contract claims include all controversies, except disputes addressed b
the "Prompt Pa Procedures,," arisin under this A within the
dispute resolution procedures set forth in Section 8.1 539, "Contract
Claims," Seminole Count Administrative Code.
(b) CONTRACTOR a that it will file no suit or otherwise
pursue le remedies based on facts or evidentiary services that were
not presented for consideration in -COUNTY dispute resolution procedures
set forth in subsection (a) above of which CONTRACTOR had knowled and
failed to present durin COUNTY dispute resolution procedures.
(c) In the event that COUNTY dispute resolution procedures are
exhausted and a suit is filed or le remedies are otherwise pursued,
the parties shall exercise best efforts to resolve disputes throu
voluntar mediation. Mediator selection and the procedures to be
IFB-600282-07/TLR (Secondar
Pa 13 of 17
emplo in voluntar mediation shall be mutuall acc . ept e to the
parties. Costs of voluntar mediation shall be shared e amon the
parties participating in the mediation
SECTION 19. REPRESENTATIVES OF COUNTY AND CONTRACTOR.
(a) It is reco that q uestions in the da conduct of
performance pursuant to this A will arise. COUNTY.. upon re
b CONTRACTOR., will desi and advise CONTRACTOR in writin of one or
more of its emplo to whom all corrmunications pertaining to the da
to-da conduct of this A shall be addressed. The desi
representative shall have the authorit to transmit instructions,
receive information, and interpret and define COUNTY'S. polic and
decisions pertinent to the work covered b this A
(b) CONTRACTOR shall at all times durin the normal work week
desi or appoint one or more representatives who are authorized to
act on behalf of and hind CONTRACT � --.,r
._p all matters involvin the
conduct of the performance pursuat,,1.-_..:to this A and shall keep
COUNTY continuall and effectivel advi'sed of such desi
SECTION 20, ALL PRIOR AGRKIEITIKWS SUPERSEDED. Thi s document
incorporates and includes all prior ne correspondence,
conversations, a or understandin appl3i_cable to the matters
contained herein and the parties a that there are no commitments,
a or understandings concernin the subject matter of this
Agreement that are not contained or referred to in this document.
Accordin it is a that no deviation from the terms hereof shall
be predicated upon an prior representations or a whether oral
or written.
SECTION 21, MODIFICATIONS AMENDME M S 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 formalit and of e di herewith.
IFIB-600282-07/TLR �Secondar
Pa 14 of 17
SECTION 2 2, INDEPFMENT 'CONTRACTOR. It is agreed tha t nothin
he rein contained is 'mended or should be construed as in any manner
creating or establishing a relationship of o- a the s between the
parties, or .s constituting CONTRACT including its officers, employ-
ees, and agents as an agent, e resenta ive , or employee 'o OUNT for
any purpose , or in any manner whatsoever. CONTRACTOR is to be and
shall remain f orever an independent con ae o . with respect to all
services performed under this Agreement.
SECTION 23. EMPLOYEE STATUS. Persons employed by CONTRACTOR
the performance of services and functions pursuant to this Agreement
shall have no claim to pension, workers' compensation, unemployment com-
p ensation, C ivil service, or other employee igh s or rivile es granted
to COUNTY'S officers - and employees either by operation of laver or by
COUNTY.
SECTION SERVICES NOT PROVIDED FOR. No claim for services
fu rnished by CONTRACTOR not e . ally provided for herein shall be
honored by COUNTY.
SECTION 25. PUBLIC RECORDS LA's. CONTRACTOR acknowledges COUNTY r s
obligations under Article I, Section Florida C onstitution, an d
Chapter 119, Florida Statutes,. o release public records to members bers o
he public upon request. CONTRACTOR acknowledges that COUNTY is required
to comply with Article I. Section 24, Florida Constitution., and Chapter
119, lori a Statutes, in the handling of .e se q. oes created unde
this Agreement and that said statute controls over t terms of this
A
SECTION 26, COMPLIANCE WITH LAWS AND REGULATIONS. In providin
all services pursuant to this Ag reement, CONTRACTOR shall abide by all
statutes, ordinances, les , and regulations pertaining to, or e la -
i the provisions of, such services including those now in effect and
hereafter adopted.. Any violation of said statutes, ordinances, rules,
-- ---.----._ ...................... ............................... ... .
mm 00 8 -07 T, (secondary)
Page 15 of 17
or re shall constitute a material breach of this A and
shall entitle COUNTY to terminate this A immediatel upon
deliver of written notice of termination to CONTRACTOR.
SECTION 27, NOTICES. Whenever either part desires to g ive
notice unto the other, it must be g iven b written notice sent by
re or certified United States mail return receipt re
addressed to the part for who 'it is intended at the place last
specified. The place for g iving of notice shall remain such until it
shall have been changed b written notice in compliance with the
I #
provisions of this - Section. For the present,. the parties desi the
followin as the respective places for g ivin g of notice, to-wit:
i 0
jz4W4_'&ffj
Leisure Services Department
845 Lake Markham-Road
Sanford, FL 32771 -
Roads/Stormwater Division
177 Bush Loop � }.
Sanford, FL 32773
For CONTRACTOR:
Lewis Tree Service, Inc.
300 Lucius Gordon Drive
W. Henrietta, NY 14586
SECTION 28. RIGHTS AT LAW RETAINED. The ri and remedies of
COUNTY, provided for under this A are in addition and supple-
mental to any other ri and remedies provided by law.
IN WITNESS WHEREOF',, the parties hereto have made and executed this
A on the date below written for execution b COUNTY.
LEWIS TREE SERVICE, INC.
y . ... ... . ...
L' �,Se etar
BERNIE J. KE Daniel-H. Oberlies Vice-President
[CORPORATE SEAL] Date: Februar 14f 2008
IFB-600282-07/TLR (Secondary)
pa 1 6 of 17
w
Pr i W� Name
wit ms S
f
Print Name
For the use and reliance
of Seminole Count onl .
chasin and
er
I
As authorized b Section 8.153,
Seminole Count Administrative
Code.
Approved as to form and
le sufficienc
Count A4 rne . WyO
AEC/ Ipk
2/5/08
P:\Users\Le Secretar CSB\Purchasing 2008\A Seccolor y .doc
Attachments:
Exhibit A - Scope of Services
Exhibit B - Sample Purchase Order
IFB-600282-07/TLR (Secondar
Pa 17 of 17
Date : �r � � O
EXHIBIT
Section I —
Desc ri pt ion of Saris and Requirements
The Contractor will -e responsible for all labor, materials equipment, coordination and incidentals
necessary for tree trimming, tree removal, stump grinding and clean up, including the ability to respond
to emergencies throughout Seminole County. The Contractor shall comply wi the following
req
a Provide a list of personnel, by name and title, contemplated to perform the wo
b All tree workers other than Qualified Line Clearance Tree Trimmer and qualified Line
Clearance Tree Trimmer Trainees must maintain a clearance of at least ten feet from any
energized conductor at all times according to ANSI Z133.1-2006; OSHA 29CFR Parts
9 o.26 � 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 wires at all times.
C Employees must be certified under D'art vl of the M TCI , tort law, the FL I TDS boo Series
Index.
d Employees must be certified pesticide applicator in Category 6, Right-of-Wa
e Contractor must have a minimum of five 5 fully functional 3 -man crews including a bucket truck
( 50 foot minimum) and chipper (minimum 75 hp.) per crew. These crews must all be available
to respond simultaneously. Contractor rust be certified under OSHA 29C FR marts 1910,269,
1910.268 and 1910.334 and have an arhorist certified by the International society o
Arboriculture ISA.
Contractor's personnel shall 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. .T.C.l . and F.D.O.T. manuals and
agreed upon by Contract Manager and Contractors.
SP ECIFICATIONS:
1 . safety trimming includes trimming for clearance over roadways and sidewalks, as well -as
trimming around street lights, signs and signals.
2. Clearance shall b e a minimum of 17 feet above roadways and shill he measured from the
highest point of the roadway. Clearance over sidewalks shall he a minimum of 9 feet measured
from the highest point of the sidewalk. All trimming shall be in accordance with American
National Standards Institute (ANSI) A300- current Pruning standards, ANSI Z133.1 safety
standards.
3. All debris shall b properly disposed at the expense of the Contractor. Contractor shall adhere
to the proper traffic control at all times using the. I*. *o.T. boo series as a guide. Door Hangers,
approved by Seminole County Government, shall be utilized to properly notify a residents in
effected areas 7 working days in advance.
4 . work will b assigned b release orders generated by Seminole County Government.
Contractor(s) shall initiate routine work within t 1 working days from receipt of orders. The
safety trim program is generally systematic, grouping work orders into geographical units. Non-
E mergency work will be assigned for completion during a typical workweek consisting of the
days Monday through Saturday and hours o f 7:30 a.m. through 4.99 p.m.
5. Emergency work will be assigned b release order generated by Seminole County Government.
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 b properly disposed of at the expense of the Contractor. Contractor shall prune trees that
obstruct street light illumination at various locations contyide. Contractor shall prune trees to
achieve results exemplified in "Exhibit "
7. The project area shall be left in a clean and neat condition. Cleaning sweeping of area shall be
done to provide a Drell- groomed atmosphere, The use of. plywood sheets shall be used to
pr the ground where areas of heavy equi may ay disturb or destruct the surface. Work
shall be performed in accordance to the American National standards Institute (ANSI) A300
Pruning Standards, ANSI Z1 33.1 Safety Standards,
8 Contractor shall utilize "County approved" door hangers for entire work site probity, a
minimum of 7 working days in advance of all regular or scheduled release orders.
. 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, laic
have been d isturbed and or are not pre - approved for remaining on project after completion b
Contractor(s).
o. Contractor shall remove underbrush p to four inches in diameter, measured 2" above grade),
out flat and close to grade level, back to the County right-of -y,. unless oterrlse indicated. 1I
debris shall be properly disposed of and all stumps shall be Immediately treated with the
approved pesticide.
COMPLIANCE REQUIREMENT;
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 specified 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 work to assure material and labor
availability to complete work requirements within the response times and quality standards established
herein.
2.2 PERSONNEL Project Mangy er - The Contractor shall provide the County with the names,
addresses, and telephone numbers of the Project Manager and Alternate with the submittal. The
Contractor shall provide written notice to the County at least one week in advance of any proposed
chang of Project Manager or Alternate and shall submit justification (including the mane and rationale
for proposed change and hoer he/she will he phased in). No substitution shall 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 shall be available twenty-four 2 hours a day, seven 7 days a week, to act with full
authority for the Contractor. This individual shall be r for the supervision, overall
administration and coordination of all required services. The Project Manager shall b the point of
contact with the County and have the authority to apt or make decisions for the Contractor.
2 }3 Alternate — 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 t 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 sub.mittal. The contractor shall provide written notice to the county contract
Administrator one week in advance of any charge of Alternate Project Manager(s).
Other Personnel Requirements — The contractor shall f rni 'sh supervisory administrative and
direct labor p ersonnel to accomplish all work required. The contractor shall provide or y personnel
w are legally entitled to w ork 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 shills required to fulfill the specific contract
requirements.
2 #5 Prohibition aga'inst against hiring ffi- Count e n l ees — The contractor shall riot hire off-
duty nor utilize under contract any person whose employment under the contract will, or appear to,
result in a conflict of interest or violation of the standards of conduct. In instances of doubt, the
Contractor shall refer the matter to the County contract Administrator.
Emp loyee Phvsical Ca abilities — 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 Personnel — 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 ove 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 employee who endangers
persons or property, whose continued employment t is inconsistent with the interests of the government
security, or whose presence deters. the accomplishment ent 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 advise
the contractor of the reason for requesting an employee's removal or withdrawing his /her authorization
to be in the facility. The removal from the job site of a contractor employee shall not relieve the
Contractor of the requirement ent to provide sufficient personnel to p erform the work specified in the
contract.
2.8 E j _ Ident . —All contractor employees shall gear a contractor furnished
I1,IIIIIIII,tl,414IV
identification uniform with logo which shall be visible on the outside of their clothing.
2 #9 C ntra t r Availabilitv — The contractor shall provide .a local telephone number, which is not a
toll call from Seminole County, where he/she or the d esign ted representative may be reached during
normal duty hours. The Project Manager and Alternate shall carry a telephone and the number shall be
provided to the county contract Administrator or designated representative, prior to contract
performance ance and immediately upon any charge, throughout the term of this contract. Before, during and
after a publ z - , di saster, hurricane, flood, or other acts of God, Seminole County shall require a 'first
pr iority" b asis for services. Vendorleontractor agrees to service Seminole County or other governmental entity
as opposed to a private citizen, on a firs pr o 'i , basis
2, 10 Control of Personnel — The County will not exercise any Supervision or control over Contractor
personnel performing services under the contract. contractor ersonn l shall not be placed under the
supervision, direction, or evaluation of county personnel, or become an integrated part of the county
organization ire connection with performance under the contract, nor shall contractor personnel he used
in administration or supervision of county activities.
2.11 Personnel Selection The contractor shall b responsible for selecting personnel who are
well qualified to perform the' required services, for supervising techni es used in their work, and for
keeping them inform of all improvements, charges, and methods of operation.
2.12 o fit Control rogram The contractor shall establish and ..maj.ntain 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 duality control program shall contain processes for
corrective action without dependence upon county direction and include a customer complaint
feedback sys .tern for correction of validated complaints and to inform the customer of corrections. A t 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 customer and the county on the results and actions taken on the complaint.
2.1 3 Rework. services that are not performed to county's satisfaction or to the required
specifications shall b 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 gray . 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 calendar day of notification by the county at
no additional cost to the county. contractor shall notify the County contract A dministrator or
designated representative when rework requirements have been completed.
2 .14 The contractor shall conduct operations in strict conformance with all local, federal,
states rules and regulations applicable for the performance of required services. Upon commencement
of work under this contract, the contractor shall implement a suitable safety program for employees
performing work under this contract.
Work in the public bight of Way shall adhere to the M.U.T.c . and Florida Department of
Transportation standards for proper traffic control. Crew size must he a minimum of two 2 employees
and increased as needed to comply with applicable safety standards. When Public safety warrants,
unscheduled w ork orders may he assigned on are emergency basis. contractor must respond within
twenty -Moor 2 hours from time of notification. where trees are in proximity to power lines, th
Contractor is responsible for coordinating work through appropriate utility company and adhering to
OSHA standard 19 1 O.269 1910,268 and 1910.33 for tree trimming near electrical. conductors.
2.15 smoke Free Environment. smoking is prohibited in County buildings except for designated
smoking areas. smoking is not permitted in offices or common areas such as hallways, stairwells,
restroorns, elevators entryways, lobbies, conference rooms, classrooms. Permissible le areas will be so
designated.
2.16 Leqal County Holidays. Day designated by Seminole county as legal holidays. These days
are:
New Year's Day
Martin L u t he r 'Ki B irthday
Memorial Day
Independen'ce 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 fall on a Sunday, the succeeding Monday will be considered holiday.
2. Secur *_ The contractor shall be responsible for the security of his /her property nd the
property of the contractor's employees.
2.18 vehicle Registration. X ll vehicles operated in support of the contract, including contractor and
contractor employees' privately owned vehicles or subcontractor vehicles, shall be properly registered,
Insured, licensed and safety inspected in accordance with applicable F ederal, state and local
govern ment re irem ts.
2.19 ent/Supplies. The contractor shall furnish all equipment and supplies necessary to
perform the required services.
2.20 Hazardous Chemicals. When a substance is determined to be hazardous, the contractor shall
perform in accordance with regulations such as OSHA.
2.21. material Safes Data Sheets. The contractor shall submit, at the request of the county
Contract d r inistr tor, a ny 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
b y the contractor employees.
2.22* Premises. 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 f this Work. Contractor shall be
responsible for the prompt and complete removal of all debris hic is a result of this contractual
service. The contractor shall provide all barricades and take all necessary precautions to protect
buildings, underground utilities, personnel and safety of the public.
Section 5 —
Fee Schedule
PROJECT: Term contract for Tree Trimming, Tree Removal and stump Grinding
COUNTY CONTRACT No. I - 2.07/T R
Name of Bidder: Lew Tree ServiCe Inc.
Officers-, 'resident: Ric-ha.. h1t
Vice 'resident: This R. Roqers
Secretary: Bernie J. M
Mailing Address;
Street Address: 300 Lucius Goon Drive
city /State Zlp: W. Henrietta NY 14586
Phone Number. 585 436 -3208
FAX Number: 5 235 -5564
E -mail address dtaofffl ewistr-ee-cm
rs' ant to and in compliance with the Invitation for Bid, Instructions to Bidders, and the other
documents relating thereto, the undersigned Bidder, having familiarized himself with the terms
of the Contract Documents, local conditions affecting the delivery, hereby proposes and agrees
to provide services in a workmanlike manner and in strict conformity with contract Documents,
including Addenda Nos. through 2 } on file at the Purchasing and contracts
Division for the amount hereinafter set forth. The undersigned, as Bidder, declares that the only
persons or parties interested in this bid as principals are those named herein; that this bid is
made without collusion with a'ny'pers n, firm or corporation; and he proposes and agrees, if the
bid is accepted, that he/she will execute n Agreement with the COUNTY in the form set fo in
the contract Documents; th t /she will furnish the Insurance certificates.
TOTAL AMOU NT of D- 705 o , 755
(include Groups A, B and c
IN WITNESS WHER,EOF, BIDDER ha
day of.Decenber 20 o ti
w-
(Name of BIDDER)
mc m a s iR - _Rcqera
(Printed name of person signing FORM)
to e ec t
s 1 1
(Signature of person signing FORM)
(Title of person signing FORM)
Fee Schedule
IFB - 600282 - 07[TLR
REM OVAL. , Measured according to I.A.A. standards. All tree diameters will be measured
at breast height.
A.- I ROUTINE / SCHEDULED
I t e m
001 4" to 2" diameter
4
002 12" to 2 4" diameter
003 > 24" t 36" diameter
004 >3 diameter
tar t : t r
U ni ts
Estimated Qt v,
Uni Price
Total P rice
6
EA
$
53.00
$
3 #0
250
EA
1
$
250 # o
35.
EA
870.00
30 , 450.00
5
E A
1 00
38
SUBTOTAL A-1
A-2 EMERGENCY 24 HOUR. RESPONSE
I t e m N
Descrip
Estimated Qt v,
Units
Unit E`rta
ri
001
" to 12" diameter
25
EA
53.00
1
" to 24" diameter
50
EA
- 385. oo
2500-00
> 24" to 36" diameter
20
EA
870.00
X7,400.00
o
r4.
7�72.1
SUBTOTAL A-2
A -3 UNDER BRUSHING
r sori t Estimated Cat Units Unit Price Total Price
A $
oo " t " diameter 7��
1.475 110,625.00
SUB TOTAL A -3 110 X25
Company Name: Ioawi Tr mic - - -- __ .........� ..
GROUP - STUMP GRINDING: Measured according t0 N. *A. standar
ROUTINE 1 SCHEDULED
Item No.
Descry ti
E stima ted .
Units
Unit Price
Total P d ce-
001
4' t 2" diameter
75
EA
EA
.00
�
6 y 375 ,0 0
002
2" to 2 4" diameter
250
EA
$
145
�
003
>24" to 36" diameter
35
EA
$
260.00
EA
$
2
9
004
36" d iameter
25
EA
3
00.E
36" diameter
5
EA
$
375.00
$
375
375.00
SUBTOTAL B,-1
$
EMERGENCY 24 Hid. RESPONSE
Ite o.
De scrIpt i on
Estimated Qty.
Units
Unit Price
Total Price
001
" t o 2" d
5
EA
0
$
.002
> 12 t0 24" diameter
10
EA
$
145
1
003
24" to 36" diameter
15
EA
$
2
3
00.E
36" diameter
5
EA
$
375.00
$
SUBTOTAL w2
7 650 * 00
Company N a m e Lewi Tree Service g Inc.
G" C TREE TRIMMING: These prices shall b inclusive of trimming In a systematic m to
include all clearance issues as well as any items such a s r e fights, signals and street signs.
C -1 ROUTINE 1 SCE__.
Item No. Description Estimated Qty. Units Unit Price Total Price
00 1 Clearahce T rimming 500,000 LF $ 0.60 $300, .
002 Street Lights 200 $ 2, 400,
SUBTOTAL C-11 302 00
C-2 E MERGENCY RESPONSE
Item No. Description Estimated Units M R Price Total Price
001 Clearanc Trimmin 1 5 000
SUBTOTAL C -2 a I �
Company Name: Lewis Tree mice Inc. __
s
GROUP D CREW /EQUIPMENT RESPONSE PARTNER
'his is -to include a Bucket Truck with a minimum 50-foot boors mounted on truck chassis and brush
chipper with e minimum of .. Fee Schedule for these crews must include. all direct and indirect cost
associated with the w rk. The county v ill pay a minimum of 3 hours to mobilize and demobilize. Cre ws must
b e available for service 24 hours from initial cell.
Company Name: Lewis Tree Service , Inc .
ROUTINE
! SCHEDULED
CRS
BY THE HOUR
BY THE WEEK
BY THE MONTH
I Bucket Truck
1 Chip
��_�_____
r�
. _
tI
Month
M en
1 B ucket Truck
1 Chipper
., our
638, 00
Wee
$
1 4, 560 . 00
Month
M en
1 Bucket Truck
Chipper Truck
1 05 . 00
Hour
066 00
W
$ 16 40 1 . 00 �
Month
1 Chipper
Men .
{
Bu cket Truck
Chipper Truck
21.00
f Hour
o
I Wee
$ _.2 1 Month
I Chipper
Men
Per extra Chi pper
$
5. 00 ....,
Hour
. 190. 0 0
Week
$
20, 00
M
Per extra
15 00
I Hour
590 00
W eek
����
Mon th
Bu c k et Tr
�._._�_.__._.......�.�,�.....
. �,..
.�..�.......,�.,.._�.�._�..�.
Per extra
r
Hour
111
�
- - - ��._�....�.�.�
Month
Ground Pe
,_.__
-- _---�
Company Name: Lewis Tree Service , Inc .
Con
GROUP 3. CREW /EQUIPMENT RESPONSE PARTNER
This is to include a Bucket Truck with minimum 50 -foot boom mounted on a truck chassis and a brush
chipper with a minimum of 7 hp Fee Schedule for these crews rust include all (include daily per-diem, lodging
and mileage direct and indirect cost associated with th wo rk. The county will pa a minimum of 3 h ours t o
mobilize and demobilize. Cre rs must be available for service 24 hours from initial call,
E M ER G E NCY HOUR RESPONSE
CREWS
BY THE HOUR
BY THE WEEK
1 Bucket Truck
1 - Chipper
. . 5
.... Hour
,,..
� Wee
Men
Bu cket Truck
1 Ch
Z , 00
� H our
$ 00
Week
M en
Buck Truck
Chipper Truck
H our
200
Wee
I chipp
.____..
__
M
B u ck et Truck
Chipper Truck
�
Hour
W ee
1 Chipper
M en
Per e xtra Ch
�.
...� �.�
.. Hour
s _ , ,.._,
We
Per extra
15 .00
600« 00
Week
Bucket Truck
Per extra
25 .00
Ho
v
Ground Person
Company Lewis Tree SerVic'e, Inc .,
Exhibit "B"
PURCHASE ORDER
PURCHASING AND CONTRACTS DIVISION
S EM INOLE COU -GM
110 1 EAST I ST STREET ROOM 3208
SANFORD, FL 32771-1468
OFFICE (407) 665-7116
FAX (407) 665-7956
.Shipped From.- Branch/Plant:
Re
03/22105
Pa - I
Order Numbbr 12501 0000
S To.-
MPLE PU RCHAS E ORDER
Dellve.rT needed basis
h ip. peepald a ht
..ddfreig Oinvolce
E)Ivfsl'O ont6 ct for the order i's D6anq Brown at 407 -66 8.1003
Ci R6v D6sc.doian ordered u0m Unit Price Extended Pri6e 'Order No
T�
- - - - - - - - - - - - - -
%000 1�pleas6 0�der -3,90 0. . 00 00006�f4 O�
0 0 �_Rq/j v P
% EA
000
1402QO,53052.0
ReleasQ. Order for ull j rr ) rts and pants in a6cordance v0th terms an canditio n s of A/B-3 obmomv . P -
Term Contract for Ath letid W fo
pe..od e nding 'I V2Q05. Orderto, be placed on an as niaeded'basis.
:3,900-00 ToW Order
Purchasin A
COHEN, B
,:� Wk. .l� .r r, hf na. err• y ........ �' sn '�' .�:,•' •.w ^'w, .x `h•n. x'. k -., RZ: �}„ t ,..x.M _.: w; .t.'t �. ,,. '�'1�"', .'�f. . }'v !- 5%'�Y'.h: k�' 'Z .W: .?2.. . 2 `J' >k_ "f
S r � -.' ,.:..., ; _..�, ,�. ri �. r' .�{ ,.';�r, _ y. , } ..
♦,+.w :'-h
\•%�r k.�.: t }. -�1 ='� ' }l
I.C V6,}.k A y 1:' ; 7e . F�u. C NU 5
MA RSH :y, ;;�Y ,'fit �'r �r� �:rt ,l', ; " i�, i_
\ .S'. } ,. ). .Y: ..S1 sry,.t n.5 �. .1M o{
� }, t {' {{ : "' ,... . .a5'r} '.� 'Sn' "':'.R"y
fi r. } .'yJ._. , ,..,..1.y ..krv� �1.� N'Y
PRODUCER
THIS CERTIFICATE IS ISSUED A A MATTER OF INFORMATION ATION ONLY ANI) 'CONFERS
M ARS H USA, INC.
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
175 SUL TRAIL
POLICY. THIS CERTIFICATE DOE$ NOT AMEND, EXTEND OR ALTER THE COVERAGE
SUITE: 301
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
PITTS NY 14534
930
Attn: Up t t . requ t a@I arsh.co Fax: 212-948-0930
COM PANIES AFFORDING COVERA
C OMPANY
0001 - MAIN - CAS- 07 08
A ACE AM ERICAN INS COMPANY
INSURED
OMPANY
LEWIS TREE SERVICE, INC.
8 NATIONAL UNION FIRE INS. CO. OF P1FFSBURGH, PA
ATT'N: RISK MANAGEMENT DEPARTMENT
C OMPANY
300 LUCIUS GORDON DRIVE
WEST HENRIETTA, N Y 14586-9686
C INDEMNITY INSURANCE COMPANY O NORTH AMERI
C OMPANY
D N/A
,CoVEkA0E'8�,%--'-%"-;:'- -. � T 1 O t� N t t I JeC deS an r s jr - i ssue 0 c t, C? ; k
... ,..
THIS IS TO GERTIiTY THAT POLICIES INSURANCE DESCRIBED HEREIN AVE
BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDiCAT D.
E OTWIT'H TANDING ANY REQUIREMENT, T, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT E T Wff RESPECT T O VVHI H THE CERTIFICATE MAY BE IssUED OR MAY
PERTAIN, THE INSURANCE AFFORDED B THE POLICIES DESCRIBED IB HEREIN M SUBJECT
TO ALL THE TERMS, OI D171ONS AND EXCLUSIONS OF GH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
o
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDRIYY)
POLICY EXPIRATION
DATE (MMIDDI Y)
LIMITS
G ENERAL LIABILITY
D 9
1 71
11101/08
GENERAL AGGREGATE
$ 2 ,000,0 00
PRODUCTS - COMPIOP AGG
$ 2,000,000
C OMMERCIAL GENERAL LIABILITY
.. . , ' "> CLAIMS MAD OCCUR
PERSONAL ADD I NJUR Y
1 x 0 30,000
EACH OCCURRENCE
1,000,00
OWNER' CONTRACTOR'S TOR'S PROT
FIRE DAMAGE LAny one fire)
,000
M E D E XP LAny one Po so
10,000
AUTOMOBILE LIABILITY
1SAH07 0 4
11/01/07
11101/0
C OMBINED ED SINGLE LIMIT
$ 3 1 000 1 000
} ANY AUTO
BODILY INJURY
ALL OWNED AUTO$
SCHEDULED ALTOS
. -
BODILY INJUR
(Per ecciclvt)
X HIREDAUTOS
X NON - {AWNED AUTOS
PROPERTY DAMAGE
GARAGE LIABILITY
AUTO ONLY rt EA A
OTH E THA► AUTO ON Ly.
- z'
ANY AUTO
E ACH ACCIDENT
AGGREGATE
EXCESS LIA13ILITY
1 1
'�'�� '���
�11�1l�
EA GOURR
1 0 ,000,000
AGGREGATE
,000,00
X U I RELLA FORM
N
OTHER THAN UMBRELLA FORM
VVDI! KERS COMPENSATION AND
EMPLOYERS' LIABILITY
��„ 00
1'(1 "�/0'
'�'�!0'�l0
X W STATU» OTI�-
TORY LIMITS
L EACH ACCIDENT
1,000,000
_
EL DISEASE - POLICY LIMIT
1,0 0,000
THE PROPI INTO` r IN CL
PARTNERSIEXECUT
OFFICERS ARE: EXCL
EL DISEASE -EACH EMPLOYEE
1,0 (), 0()
OTHER
DESCRIPTION OF OP RATIONS /LGOATIONSIVEHICLESISPEOIAIL ITEMS
S eminole County Government Is included as additional insured {except for Workers Comp nsati where required b ywil ten contract and all owed b law.
-CERTiFICATE HOLDER :
C ANCELLATION'
SHOULD ANY OF E POLICI qIE IBE#) HEREIN BE CANCELLED BEFORE TIJE EX VATC- THEREOF.
THE INSURER AFFOFDNG COVERAGE WILL ENDEAVOR TO MML ..W_.,3a DAYS WRITTEN O TO THE
Seminole County G ovemment
110 East First Street
C ERTIFICATE HOLDER NAMED # EZAEIN, BUT FAILURE TO MAIL SVC li NOTICE HALL IMPOSE NO OSLIOAMN OR
Sanford, FL 3277 - 1 468
UABILITYOF ANY KIND UPON THE INSURER AFFORDING COVERAGE. fTS AGENTS OR REPRESENTATIVES, NATIVES, OR THE
ISSUER OF TINS CUM ( ATE,
AUTHORIZED REPRESENTAtIVE
Marsh USA W.
BY Kimberly M Tor Or
.:
. .,t .,..'- .....J. ... ... .. .. VALID AS V r+
, i f M1 -