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2512 RFP 22/23-11 Irrigation Repairs & Svcs - McMaster Lawn'�:Sl(tlrCITY OF rTL kFINANCE DEPARTMENT Wednesday, August 23, 2023 To: City Clerk/Mayor RE: RFP 22/23-11 Irrigation Repairs & Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ® Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ❑ Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ® Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ® Return originals to Purchasing- Department ❑ Return copies El Special Instructions: Return Bonds to purchasing once recorded. G4� Kai4lp-r From TADept_forms\City Clerk Transmittal Memo - 2009.doe 8/23/2023 Date Bond # OFB7454214 * * PAYMENT BOND * The American Institute of Architects, AIA Document No. A312 * * (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): McMaster Lawn & Pest Services, LLC 5316 New Jersey Ave. DeLeon Springs, FL 32130 OWNER (Name, Address & Representative Name): City of Sanford 300 North Park Ave. Sanford, FL 32771 Marisol Ordonez SURETY (Name and Principal Place of Business): Old Republic Surety Company P.O. Box 1635 Milwaukee, WI 53201 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2023078716 Bk:10496 Pg:607-610(4Pgs) REC: 08/24/2023 11:54:34 AM by cones RECORDING FEES $35.50 CONSTRUCTION CONTRACT Date: 08/18/2023 Amount: $79,500.00 Description (Name and Location): 22/23_11; Irrigation Repairs & Services E Seminole Blvd. Sanford, FL 32771 BOND Date (Not earlier than Construction Contract Date): 08/18/2023 Amount: $79,500.00 Modifications to this Bond CONTRACTOR AS PRINCIPAL ❑ None ® See Page 2 Company: (Corporate Seal) McMaster Lawn & Pest Services, LLC 5316 New Jersey Ave. DeLeon Springs, FL 32130 Signature: < 1-4 Name and Title: Brian McMaster, President (Any additional signatures appear on pane 2.) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: All American Bonds and Insurance, LLC 7224 Sandscove Ct. #7 Winter Park, FL 32792 407-543-6126 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: AIA A310 -A312 Performance bond ORSC 22119 5-11ORIC 22114 (7.93) SURETY Company: (.'tporate Seal) Old Republic Surety Company P.O. Box 1635 Milwaukee WI 53201. Signature: Name and Title: Robert L Ashton, Attorney in Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: This bond shall only apply to the Construction Contract as it applies to work issued from Auaust 18th 2023 and ending November. 1st 2023 . This bond shall not apply to subsequent renewal periods or option years elected that fall outside this time frame unless a renewal certificate has been issued. Neither the non -renewal by the (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: — Name and Title: Address: SURETY (Corporate Seal) Company: Signature: _ Name and Title: Address: Page 2 of 2 (Corporate Seal) OLD REPUBLIC SURETY COMPANY RENEWABLE PERFORMANCE BOND Bond Number OFB7454214 Premium $2,385 KNOW ALL PERSONS BY THESE PRESENTS: That McMaster Lawn & Pest Services, LLC (hereinafter called the Principal), and OLD REPUBLIC SURETY COMPANY (hereinafter called the Surety). are held and firmly bound unto The City of Sanford (hereinafter called the Obligee), in the full and just penal sum of Seventy -Nine Thousand Five Hundred Dollars ($79,500) to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain written contract with the above mentioned Obligee for Seventy -Nine Thousand Five Hundred Dollars ($79,500) which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein with annual renewal at Surety's discretion: and NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed, at the time and in the manner in said contract specified to be by the said Principal kept, done and performed, at the time and in the manner in said contract specified during the term of this bond, and shall pay over, and make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of Principal, then this obligation shall be void otherwise to be and remain in full force and effect. PROVIDED, however, that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning August, 18th 2023 and ending November, 1st 2023 2. In the event of a default by the Principal in the performance of the contract during the term of this bond, the Surety shall be liable only for the loss to the Obligee due to actual excess costs of the contract up to the termination of this bond. The Surety, after investigation, shall with reasonable promptness determine the amount for which it may be liable to the Owner as soon as practicable after the amount is determined, tender payment therefore to the Owner, or find an acceptable principal to complete the contract. This bond does not provide coverage to any indirect loss or costs incurred by the Obligee including, but not limited to legal fees, court costs, expert fees or interest. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety within six months after the expiration of the stated term of this bond. 4. Neither non -renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss to the Obligee recoverable under this bond, notwithstanding any language in the contract to the contrary. 5. The bond may be extended for an additional term at the option of the Surety, by Continuation Certificate executed by the Surety. 6. This bond shall not be cumulative. Under no circumstances shall the Surety's liability exceed the penal sum stated herein. 7. No right of action shall accrue on this bond to or for the use of any person, entity or corporation other than the Obligee named herein and this bond cannot be assigned to any other party wjthout the written consent of the Surety. Signed and sealed this 18th day of August 2023 _ = McMaster Lawn & Pest Services, LLC OLD REPUBLIC SURETY COMPANY �^ Principal Surety By: ` c_'%' c By: . Brian McMas r, President Robert L Ashton Name and Title Attorney -in -Fact ORSC 47038 (08/2015) Page 1 of 1 Ar * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: ERIC M. LINK, REMY C. TELLIER, ROBERT L. ASHTON, VANESSA ROCHA, OF WINTER PARK, FL its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits ofthe authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 29TH day of JUNE, 2023. OLD REPUBLIC SURETY COMPANY Assistant Secretary', SEAL 1,4K rqt / r STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS t.. "< �I President On this 29TH day of JUNE, 2023 , personally came before me, Alan Pavlic and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. �; �oTagr•..�5 Notary Public My commission expires: 9/28/2026 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. t� 92-3113 L' =gip fr. Signed and sealed at the City of Brookfield, WI this n SEAL i s ALL AMERICAN BONDS & INS LLC 22851-W POAORS 102020 day ofqvff Xp 3 Kms.. q'_ 44°,.6.kxt„� Assistant Secretary AGREEMENT BETWEEN THE CITY OF SANFORD AND MCMASTER LAWN & PEST SERVICES, LLC• RFP 22/23-11; IRRIGATION REPAIRS & SERVICES THIS AGREEMENT (hereinafter the "Agreement") is made and entered into this 6th day of August 2023, by and between the City of Sanford, Florida, a Florida municipality, (hereinafter referred to as the "City"), whose mailing address is 300 North Park Avenue, Sanford, Florida 32771, and McMaster Lawn & Pest Services, LLC, a Florida limited liability company, whose principal address and whose mailing address is 5316 New Jersey Avenue, DeLeon Springs, Florida 32130, (hereinafter referred to as "McMaster"). The City and McMaster may be collectively referenced herein as the ,$parties". IN CONSIDERATION of the mutual covenants, promises, and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above statements are true and form a material part of this Agreement upon which the parties have relied. Section 2. Authority. 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 persons executing this Agreement for each party certify that they are authorized to bind the party fully to the terms of this Agreement. Section 3. Scope of Agreement; Direction of the Provision of Goods and Services. (a). This Agreement is for the provision of goods and services set forth in the attachments hereto and McMaster agrees to accomplish the provision of goods and services specified in the attachments for the compensation set forth in those documents relating to the provision of irrigation repairs and services and for such other related goods and services as may be agreed upon by the parties as set forth in issued work/purchase orders. (b). It is recognized that McMaster shall provide goods and services as directed by the City. (c). The City's contact/project manager for all purposes under this Agreement shall be the following: Marisol Ordonez Purchasing Manager City of Sanford, Purchasing Division City of Sanford Post Office Box 1788 Sanford, Florida 32772-1788 Phone: 407.688.5028 Section 4. Effective Date and Term of Agreement. This Agreement shall take effect on the date that this Agreement is fully executed by the parties hereto. This Agreement shall be in effect for a term of 1 year with the opportunity for 4 additional 1 -year renewal periods when in the best interest of the City in its sole discretion. However, the total length of this Agreement, including all renewals, shall not exceed 5 years. The decision to renew or extend this Agreement shall be at the discretion of the City. McMaster shall review the quality and status of the goods and 2111auc services relating to the provision of irrigation repairs and services and for such other related goods and services delivered to the City with the City on an annual basis at which time(s) the City may terminate this Agreement is its sole and absolute discretion. In any event, this Agreement shall remain in effect until the goods and services to be provided by McMaster to the City under each work order have been fully provided in accordance with the requirements of the City; provided, however, that, the indemnification provisions and insurance provisions of the standard contractual terms and conditions referenced herein shall not terminate and the protections afforded to the City shall continue in effect subsequent to such goods and services being provided by McMaster. No goods, services or actions have been provided prior to the execution of this Agreement that would entitle McMaster for any compensation therefor. Section 5. Compensation. The parties agree to compensation as set forth in the attachments hereto as implemented by means of work/purchase orders issued by the City. Section 6. Standard Contractual Terms and Conditions. All "Standard Contractual Terms and Conditions", as provided on the City's website, apply to this Agreement. Such Terms and Conditions may be found on the City's website, which can be reached at: www.SanfordFL.gov. The parties shall also be bound by the purchasing policies and procedures of the City as well as the controlling provisions of Florida law. Work/purchase orders shall be used, in accordance therewith, in the implementation of this Agreement to the extent deemed necessary by the City in its sole and absolute discretion. McMaster shall be deemed to have undertaken its obligation to be fully informed of, and understand, all such provisions. 3 111 a g Section 7. McMaster's Mandatory Compliance with Chapter 119, Florida Statutes, and Public Records Requests. (a). In order to comply with Section 119.0701, Florida Statutes, public records laws, McMaster must: (1). Keep and maintain public records that ordinarily and necessarily would be required by the City in order to provide goods or perform services. (2). Provide the public with access to public records on the same terms and conditions that the City 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. (4). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of McMaster upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. (b). If McMaster does not comply with a public records request, the City shall enforce the contract provisions in accordance with this Agreement. (c). Failure by McMaster to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the City. McMaster shall promptly provide the City with a copy of any 411' age request to inspect or copy public records in possession of McMaster and shall promptly provide the City with a copy of McMaster's response to each such request. (d). IF THE CONTRACTORIVENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S/MCMASTER'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, TRACI.HOUCHIN a@SANFORDFL.GOV. Section 8. Time is of the Essence. Time is hereby declared of the essence as to the lawful performance of all duties and obligations set forth in this Agreement. Section 9. Entire Agreement/Modification. This Agreement, together with all "Standard Contractual Terms and Conditions", as provided on the City's website and the attachments hereto (the documents relative to the procurement activity of the City leading to the award of this Agreement) constitute the entire integrated agreement between the City and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral in connection therewith and all the terms and provisions contained herein constitute the full and complete agreement between the parties hereto to the date hereof. This Agreement may only be amended, supplemented or modified by a formal written amendment of equal dignity herewith. In the event that McMaster issues a purchase 5 1 P a g c order, memorandum, letter, or any other instrument addressing the goods or services, work, and materials to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument shall have no effect on this Agreement unless agreed to by the City, specifically and in writing in a document of equal dignity herewith, and any and all terms, provisions, and conditions contained therein, whether printed or written or referenced on a Web site or otherwise, shall in no way modify the covenants, terms, and provisions of this Agreement and shall have no force or effect thereon. Section 10. Severability. 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. Section 11. Waiver. The failure of the City to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. Section 12. Captions. The section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 61I'a-c Section 13. 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. Section 14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors in interest, transferees and assigns of the parties. 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 signatories hereof represent that they have the requisite and legal authority to execute this Agreement and bind the respective parties herein. Section 15. Remedies. The rights and remedies of the parties, provided for under this Agreement, are in addition to any other rights and remedies provided by law or otherwise necessary in the public interest. Section 16. Governing law, Venue and Interpretation. This Agreement is to be governed by the laws of the State of Florida. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. This Agreement is the result of bona fide arms length negotiations between the City and McMaster, and all parties have contributed substantially and materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party. than against any other party and all provisions shall be applied to fulfill the public interest. 71P<4� Section 17. Conditions of Grants or Funding; ABPA Contingency. McMaster shall afford most favored customer/nation pricing to the City and, to the extent necessary for the City to comply with controlling law or the conditions of grants or funding from other governmental agencies or entities, agree to contract terms and conditions required from or by said grants or funding sources. McMaster agrees to perform consistent with those provisions of controlling law as if mandatory contractual provisions of grantor agencies or entities were a part of this Agreement. This Section shall be deemed to include, but not be limited to, the provisions of the American Rescue Plan Act to the extent that the provisions of that Federal law may apply to the provision of goods and services under the provisions of this Agreement. IN WITNESS WHEREOF, the City and McMaster have executed this instrument for the purpose herein expressed and McMaster represents and affirms that the signatories below have full and lawful authority to bind McMaster in every respect. SIGNATURE BLOCKS FOLLOW: 81P, ATTEST. MCMASTER LAWN & PEST SERVICES, LLC, a Florida limited liability company. By: Brian T. McMaster Lauren. McMaster Manager/Member Manag#r/Member Date:' 2v' ATTEST. - Tr�.c� Ka�,;c6iirz Traci Houchin, MMC, FCRM City Clerk Approved as to form and legal sufficiency. Lohhre N. GYoot, ACA, fol- WX CA d...... ..:i T William L. Colbert City Attorney 91Pagc CITY OF SANFORD, a Florida municipal corporation. By: Art Woodruff Mayor Date: Aug 6, 2023 EXHIBIT "A" COMPENSATION SCHEDULE 10 1 P a - e Item Rate Material Costs Cost plus 25% Equipment Rates (excavator or loader) $250 per day flat rate Labor (Regular) $75 per hour Labor (Overtime) $115 per hour Labor (Holiday) $125 per hour Secondary Repair outside of Phase One Limits* $4,500 *This location is not specified in the bid documents, but was shown to us during the pre-bid meeting. It is located at the intersection of Mangoustine and Seminole Blvd. Riverwalk Phase One Lump Sum Cost: $75,000 Volusia County Business Tax Receipt Revenue Division -123 W Indiana Ave, Room 103, DeLand, FL 32720 — (386) 736-5938 DATE PAID: FF 2018/2019 RECEIPT #: Volusia County Business Tax Receipt TOTAL TAX: Issued pursuant to F.S. 205 and Volusia County Code of Ordinances Chapter 114-1 by: PENALTY: Volusia County Revenue Division -123 W Indiana Ave, Room 103, Deland, FL 32720 — (386) 736-5938 TOTAL PAID: „ Account # 200903240014- Expires: September 30, 2019 R Business Location: 5316 NEW JERSEY AV Business Name: MCMASTER PEST SERVICES LLC Owner Name: LAUREN MCMASTER Volusia County Mailing Address: PO BOX 505 FLORIDA DELEON SPRINGS, FL 32130 BUSINESS TYPE CODE COUNT TAX Business Service State Lie Req 472 5 $22.00 ■ This receipt indicates payment of a tax, which is levied for the privilege of doing the type(s) of business listed above within Volusia County. This receipt is non -regulatory in nature and is not meant to be a certification of the.holdees ability tq',perform the service for which he Is registered. This receipt also does not indicate that the business is til r that it is In compliance with State or local laws and regulations. • The business most meet all County and/or Municlpality planning and zoning requirements or this Business Tax Receipt may be revoked and all taxes paid would be forfeited. • The Information contained on this Business Tax Receipt must be kept up to date. Contact the Volusia County Revenue Division for instructions on making changes to your account. THIS PORTION OF THE BUSINESS TAX RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS Volusia County Business Tax Receipt Revenue Division -123 W Indiana Ave, Room 103, DeLand, FL 32720 — (386) 736-5938 DATE PAID: 10/0112018 RECEIPT #: 116-18-00000003 TOTAL TAX: 22.00 PENALTY: 0.00 TOTAL PAID: 22.00 11111111111111 Business Name: MCMASTER PEST SERVICES LLC Owner Name: LAUREN MCMASTER Mailing Address:PO BOX 505 DELEON SPRINGS, FL 32130 Account #200903240014- Expires:September 30, 2019 Business Location: 5316 NEW JERSEY AV PLEASE DETACH THIS PORTION OF THE BUSINESS TAX RECEIPT FOR YOUR RECORDS Volusia County Business Tax Receipt Issued pursuant to F.S. 205 and Volusia County Code of Ordinances Chapter 114-1 by: Volusla County Revenue Division -123 W Indiana Ave, Room 103, DeLand, FL 32720 — (386) 736-5938 Volusia County FLORIDA BUSINESS TYPE Account # 200903240014- Expires: September 30, 2020 Business Location: 5316 NEW JERSEY AV Business Name: MCMASTER, PEST SERVICES LLC Owner Name: LAUREN MCMASTER Mailing Address: PO BOX 5n DELEON SPRINGS, FL 32130 REQ DOC # CODE COUNT TAX Business Service State Lic Req JB108755 472 5 $2200 - This receipt indicates payment of a tax, which is levied for the privilege of doing the type(s) of business listed above within Volusia County. This receipt is non -regulatory in nature and is not meant to be a certification of the holder's ability to perform the service for which he is registered. This receipt also does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. - The business must meet all County and/or Municipality planning and zoning requirements or this Business Tax Receipt may be revoked and all taxes paid would be forfeited. ■ The information contained on this Business Tax Receipt must be kept up to date. Contact the Volusia County Revenue Division for instructions on making changes to your account. THIS PORTION OF THE BUSINESS TAX RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS Volusia County Business Tax Receipt Revenue Division -123 W Indiana Ave, Room 103, Deland, FL 32720 — (386) 736-5938 ATE PAID: ,ECEIPT #: OTAL TAX: ENALTY: 10/07/2019 112-19-0000074 22.00 2.20 AL PAID: 24.20 191110 10 3811110 In1 Business Name: MCMASTER PEST SERVICES LLC Owner Name: LAUREN MCMASTER Mailing Address:PO BOX 505 DELEON SPRINGS, FL 32130 ' Account #200903240014- Expires:September 30, 2020 Business Location: 5316 NEW JERSEY AV PLEASE DETACH THIS PORTION OF THE BUSINESS TAX RECEIPT FOR YOUR RECORDS 2020/202; Volusia County Business Tax Receipt Issued pursuant to F.S. 205 and Volusia County Code of Ordinances Chapter 114-1 by: Volusia County Revenue Division -123 W Indiana Ave, Room 103, Deland, FL 32720 — (386) 736-5938 BUSINESS TYPE Account # 200903240014- Expires: September 30, 2021 Business Location: 6316 NEW JERSEY AV Business Name: MCMASTER PEST SERVICES LLC Owner Name: LAUREN MCMASTER Mailing Address: PO BOX 505 DELEON SPRINGS, FL 32130 REQ DOC # CODE COUNT TAX Business Service State Lic Rea JB108755 472 5 $22.00 ■ This receipt indicates payment of a tax, which is levied for the privilege of doing the type(s) of business listed above within Volusla County. This receipt is non -regulatory In nature and is not meant to be a certification of the holder's ability to perform the service for which he is registered. This receipt also does not indicate that the business is legal or that it is In compliance with State or local laws and regulations. • The business must meet all County and/or Municipality planning and zoning requirements or this Business Tax Receipt may be revoked and all taxes paid would be forfeited. ■ The information contained on this Business Tax Receipt must be kept up to date. Contact the Volusia County Revenue Division for instructions on making changes to your account. THIS PORTION OF THE BUSINESS TAX RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS Volusia County Business Tax Receipt Revenue Division -123 W Indiana Ave, Room 103, Deland, FL 32720 — (386) 736-5938 DATE PAID: 09/21/2020 RECEIPT #: 112-19-0005166 TOTAL TAX: 22.00 PENALTY: 0.00 TOTAL PAID: 22.00 iiiiiiiiiiiiiiii Business Name: MCMASTER PEST SERVICES LLC Owner Name: LAUREN MCMASTER Mailing Address:PO BOX 505 DELEON SPRINGS, FL 32130 i° Account #200903240014- Expires:September 30, 2021 Business Location: 5316 NEW JERSEY AV PLEASE DETACH THIS PORTION OF THE BUSINESS TAX RECEIPT FOR YOUR RECORDS 2022/2023 Volusia County Business Tax Receipt Issued pursuant to F.S. 205 and Volusia County Code -of Ordinances Chapter 114-1 by: Volusia County Treasury and Billing -125 W New York Ave, Room 120, Deland, FL 32720 - (386) 943-7085 ,** oldlie Account #: 200903240014 Expires: September 30, 2023 Business Location: 5316 NEW JERSEY AV Volusia County Business Name: MCMASTER PEST SERVICES LLC FLORIDA Owner Name: LAUREN MCMASTER Mailing Address PO BOX 505 DELEON SPRINGS, FL 32130 BUSINESS TYPE REQ DOC # CODE COUNT TAX Business Service State Lic Req JB108755 472 5 $22.00 ■ This receipt indicates payment of a tax, which is levied for the privilege of doing the type(s) of business listed above within Volusia County. This receipt is non -regulatory in nature and is not meant to be a certification of the holder's ability to perform the service for which he is registered. This receipt also does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. • The business must meet all County and/or Municipality planning and zoning requirements or this Business Tax Receipt may be revoked and all taxes paid would be forfeited. ■ The information contained on this Business Tax Receipt must be kept up to date. Contact the Volusia County Treasury and Billing for instructions on making changes to your account. THIS PORTION OF THE BUSINESS TAX RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS Volusia County Business Tax Receipt Treasury and Billing - 125 W New York Ave, Room 120, Deland, FL 32720 - (386) 943-7085 DATE PAID: 08/08/2022 I IIIIII III II I III IIIII ��III ��III IIIII �II�I IIID ILII NII I�III ��I�I IMI �I�I II I ISI IIT II RECEIPT #: 477969 TOTAL TAX: $22.00 Business Name: MCMASTER PEST SERVICES LLC PENALTY: $0.00 Owner Name: LAUREN MCMASTER TOTAL PAID: $22.00 Mailing Address PO BOX 505 DELEON SPRINGS, FL 32130 Account #: 200903240014 Expires: September 30, 2023 Business Location: 5316 NEW JERSEY AV PLEASE DETATCH THIS PORTION OF THE BUSINESS TAX RECEIPT FOR YOUR RECORDS. Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDet... �,1t`ll�i«J� cif �c . .fra rr[:�'tltl sraar• sp F7r rt 1�-..,,;,,"- [Qepartment of Stgte I Division of Corppra "ons / $earoh Recorgg / _ earch b EnGtl tdarsw I Detail by Entity Name Florida Limited Liability Company MCMASTER LAWN & PEST SERVICES, LLC Fiiing_Information Document Number FEUEIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date nnciRai Address 5316 New Jersey Ave DeLeon Springs, FL 32130 Changed: 04/19/2013 cling Address P.O. Box 505 DeLeon Springs, FL 32130 L08000106205 37-1575343 11/14/2008 FL ACTIVE LC NAME CHANGE 07/17/2017 NONE Changed: 04/19/2013 Registered Agent Name & Address MCMASTER, LAUREN V 5316 New Jersey Ave DeLeon Springs, FL 32130 Address Changed: 04/19/2013 Authorized Person(s) Detail Name & Address Title MGRM MCMASTER, LAUREN V 5316 New Jersey Ave DeLeon Springs, FL 32130 Title MGRM n DIVISION OF CORPORATIONS of 2 3/28/2023, 12:09 PM Detail by Entity Name MCMABTER.BRIAN T 5316New Jersey Ave DeLeon Springs, FL 32130 Annual R ports Report Year Filed Date 2021 04/08/2021 2022 04/15/2022 2023 03/2212023 Document Images = . ____--' 2nfZ 3/28/2023, 12:09 PM View image in PDF format Q4115/2022=ARNVAL,R]ePgRT in POF format ,041 �8/2021,�REPQRT View image in PDF format View image in POF format W_ REPORT j view image in POF format k7117�!20 7 -- LC Na e hgngg View image in PDF format A4&O6t2Qj�L--AMNUA&-Rgj!_QRT View image in PDF format 0411512015 A 'lies image in P DF format 91LO-9-12AIA ANVYAJ REF�QRT View image in PDF format OLI View image in POF format View image in PDF format View image in PDF format 0412 10 --ANN AL PQBLT View image in PDF format 02113i2gO9 -- ANN" View image in PDF format 1111412QQ8 -- Florida UmjLpe = . ____--' 2nfZ 3/28/2023, 12:09 PM Client#: 1486471 MCMASLA AC;UHD,. CERTIFICATE OF LIABILITY INSURANCEDATE(MWDDIYYYY) 3/28/2023 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 :PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.. m .aiPORTANT: if the certificate holder is an ADDITIONAL INSURED, theli po cy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NO E; Kandl Schmitz USI Insurance Services, LLC_ �No Eaq:561-693-0504 855-420-6662 360 Columbia Drive, Suite 105 E ADDRESS: Kandi.Schmitz@usi.COm West Palm Beach, FL 33409 561 693-0500 L _._._...._....,_.._ INSURER(S) AFFORDING COVERAGE _-.___.__...........,_.,.-. __-- NA S ____.__ - __._.._.__ _.,__._-_ _ __._.__ INSURER A: Kinsale Insurance Company 38920 INSURED INSURERS Burlington Insurance Company 23620 McMaster Lawn & Pest Services _�_. _... _.._ __._------ - P© BOX 505 INSURER C. FFVA Mutual Insurance Co 10385 _. - De Leon Springs, FL 32130 INSURER D: Auto OvmerS insurance Company 18988 - r^nvca a rn c c THIS - n 1- lvn Iwmocrc: IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED INDICATED. ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. IT TYPE OF OISURANCE - POLICY NUMBER POLICY FF IPO Y EXP _.._._..__�__.,.._.... . _ . 10W YYY) LIMITS `TR A ,..� X: coMMERcwL GENERAL LIABILITY ' 01001299612 10/19/2022 10/1912023 EACH OCCURRENCE S1,000000 CLAIMS MADE _ X, OCCUR PREMIESESORENTED S1OO,000 _ MED EXP (Any one person) $ 5.,000 _ Y PERSONAL & ADV INJURY $1,,000 000 r ...�.._ GEN...... .. _._._. TE LIMIT APPLIES PER. GENERAL AGGREGATE s2,000,000 PRO - X; POLICY [ Xi POLICY ; JECT LOC ! PRODUCTS -COMPIOPAGG $2,000,000 ;OTHER: —" AUTOMOBILE LIABILITY- COMBINED SINGLE LIMIT ...... i j5145865800 Of19i2022i10/19/2023$1,000,000 --) X; ANY AUTO BODILY INJURY P $ ---_. _. (Per person OWNED ; SCHEDULED .• �j AUTOS ONLY ._ •AUTOS BODILY INJURY (Per accident) S ^ HIRED NON -OWNED - - .OPER— Xi AUTOS ONLY X 1 AUTOS ONLY PROPEkTY DAMAGE $ _i.... �( UMBRELLA UAB X OCCUR j 876ii06804 10/19/2022 10/19/2023 EACH OCCURRENCE s2aOOO 000 .. _ B EXCESS LIAR __... _.,.. _ .._ . __.O. CLAIMS MAGE i AGGREGATE . $2,000,000 DED ? RETENTIONS -- — ..-._. _�_ t C ! ! WORKERS COMPENSATION �_ iWC033349202A AND EMPLOYERS' LIABILITY YIN! 1 ANY PROPRIETOPJPARTNEPJEXECUTIVE 1 OFFICERlMEMBER EXCLUDED? NI NIA i E L EACH ACCIDENT $1,000,000 --- j I (Mandatory In NH) I!( If yes, describe under _ E.L.. DISEASE. SEA EMPLOYEE $1,,000,000 DESCRIPTION OF OPERATIONS below I ELOISEASE- POLICY LIMIT 51,000,000 DESCRIPTION OF OPERATIONS r LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) General Liability: Blanket Additional Insured, Blanket Waiver of Subrogation, Primary & Non -Contributory Workers Compensation: Blanket Waiver of Subrogation RE: RFP 22/23-11 Irrigation Repairs and Services CERTIFICATE HOLDER CANCELLATION City of Sanford SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 300 N. Park Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Sanford, FL 32771 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) 1 Of 1 #S39544827/M37763553 W) 1588-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r INSURANCE REQUIREMENTS (1) McMaster shall obtain or possess and continuously maintain the following insurance coverage, from a company or companies, with a Best Rating of A- or better, authorized to do business in the State of Florida and in a form acceptable to the City and with only such terms and conditions as may be acceptable to the City unless the bid documents exclude or include certain types of insurance coverage or the level of coverage: (a) Workers Compensation/Employer Liability: McMaster shall provide Worker's Compensation for all employees. The limits will be statutory limits for Worker's Compensation insurance and $3,000,000 for Employer's Liability. (b) Comprehensive General Liability: McMaster shall provide coverage for all operations including, but not limited to, contractual, products, complete operations, and personal injury. Commercial General Liability is to include premises/operations liability, products and completed operations coverage, and independent vendor's liability or owner's and vendor's protective liability. The limits will not be less than $2,000,000 Combined Single Limit (CDL) or its equivalent. (c) Comprehensive Automobile Liability: McMaster shall provide complete coverage for owned and non -owned vehicles for limits not less than $2,000,000 CSL or its equivalent. 11 1 1) a g e (d) Professional Liability: McMaster shall provide coverage for all professional services performed. The limits will not be less than $2,000,000 CSL or its equivalent. (e) Sex Abuse Liability: McMaster shall provide coverage with limits not less than $1,000,000 CDL or its equivalent. (2) All insurance other than Workers Compensation to be maintained by McMaster shall specifically include the City as an additional insured. (3) For additional insurance requirements reference is made to the requirements shown in the City's contract terms and conditions for all city procurements (www.SanfordFL.gov). 121f.a!,c RFP 22_23-11 Irrigation Repairs & Services Vendor Executed Final Audit Report Created: 2023-07-27 By: Chase Kaiser (chase.kaiser@sanfordfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAjegnKLtNkxmEiEGJe51td21-so37Jhw6 2023-08-07 "RFP 22_23-11 Irrigation Repairs & Services Vendor Executed" History 411 - Document created by Chase Kaiser (chase. kaiser@sanfordfl.gov) 2023-07-27 - 3:30:27 PM GMT - Document emailed to Igroot@stenstrom.com for signature 2023-07-27 - 3:32:00 PM GMT "`l Email viewed by Igroot@stenstrom.com 2023-07-27 - 4:08:08 PM GMT Signer Igroot@stenstrom.com entered name at signing as Lonnie N. Groot, ACA, for WLC, CA 2023-07-27 - 4:09:19 PM GMT Document e -signed by Lonnie N. Groot, ACA, for WLC, CA (Igroot@stenstrom.com) Signature Date: 2023-07-27 - 4:09:21 PM GMT - Time Source: server Document emailed to art.woodruff@sanfordfl.gov for signature 2023-07-27 - 4:09:24 PM GMT �? Email viewed by art.woodruff@sanfordfl.gov 2023-07-28 - 1:36:24 PM GMT Email viewed by art.woodruff@sanfordfl.gov 2023-08-07 - 2:20:24 AM GMT Signer art.woodruff@sanfordfl.gov entered name at signing as Art Woodruff 2023-08-07 - 2:20:53 AM GMT '�. Document e -signed by Art Woodruff (art.woodruff@sanfordfl.gov) Signature Date: 2023-08-07 - 2:20:55 AM GMT - Time Source: server 13 Adobe Acrobat Sign Document emailed to Traci Houchin (traci.houchin@sanfordfl.gov) for signature 2023-08-07 - 2:20:58 AM GMT t` Email viewed by Traci Houchin (traci.houchin@sanfordfl.gov) 2023-08-07 - 12:58:28 PM GMT Document e -signed by Traci Houchin (traci.houchin@sanfordfl.gov) Signature Date: 2023-08-07 - 12:58:43 PM GMT - Time Source: server �i Agreement completed. 2023-08-07 - 12:58:43 PM GMT is Adobe Acrobat Sign