HomeMy WebLinkAboutBudget Tree Service Agreement for Vegetative Debris Removal Services - 2017 09 12AGREEMENT FOR
VEGETATIVE DEBRIS REMOVAL SERVICA
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WITNESSETH:
WHEREAS, due to the impacts of Hurricane Irma, the City has an immediate need to obtain a
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of Winter Springs; and
WHEREAS, Contractor currently operates a tree removal business within the jurisdictional limits of
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by Hurricane Irma; and
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1.1 The City hereby engages the Contractor, and the Contractor agrees, to perform the scope ofwork
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AClearing, removing, collecting and transporting all kinds of vegetative debris from the public
right-of-way, all City owned property, streets and roads or privately owned property and roads as
required by the City to secure the public safety.
B. The vegetative debris collected by Contractor shall be transported by Contractor to a debris
management site approved by the City.
Agreement for Debris Removal Services
City of Winter S12rings and A Budget Tree Service, 1Lj;,
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E. All areas throughout the City where vegetative debris removal is accomplished and there is
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to their original co-n-d-ition. All dams, es tonavement, sideivalk-_curbs-or any wher intrast--ouclire c,,vJW,4
by Contractor shall be repaired or restored to the satisfaction of the City.
F. All equipment used in the performance of this Agreement shall be in good operating condition
and in compliance with all applicable federal, state, and local laws, ordinances, regulations and
standards.
G. Assist the City in preparation of FEMA, State, County and other agency reports for
reimbursement,
for reimbursement eligibility. This includes insuring that sufficient eligible documentation (pictures,
measures, pre -approval) exists and sufficient location information (detailed road location, addresses,
GPS) are recorded at the time of indtial collection to maximize potential cost reimbursement from
insurance or federal recovery grants,
1. To the extent necessary, complete and submit City provided disposal tickets, field inspection
reports, and other data sufficient to provide substantiation for FEMA and State reimbursement.
J. All arrangements necessary to mobilize and demobilize the Contractor's labor force and
eaumment needed to -werform Ae .............
K. Make every effort to use mechanical equipment to load and reasonably compact vegetative debris
into trucks and trailers.
L. To the extent requested by the City, the Contractor shall respond in writing, within fourteen (14)
days, to any citizen complaint received by the City for services rendered by Contractor under this
Agreement. All complaints shall be resolved by the Contractor within thirty calendar days after
submission to maximum extend feasible.
MTo the extent requested by the City, Contractor shall cooperate and provide relevant information
requested by the City to assist the City in any FEMA, State, County or other agency audit related to
reimbursement of funds paid by the City under this Agreement.
Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Service, Inc.
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1.2 The vegetative debris removal services provided by Contractor shall be performed at a
compensation rate of Thirteen and No/10-0-D-offia-K& , "13 -0) nxx-rjLIMcv,2r1--L--of vzWtatixx debrig rc�rtvvd
and delivered to a City approved debris management site, The quantity of vegetative debris on which
compensation is due must be properly verified and documented by the City using the debris management
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State of Florida Prompt Payment Act. In order for both parties to close their books and records under this
Agreement, the Contractor will clearly state "final invoi.c..e" on the Contractor's last billing to the City. This
certifies that all services have been pro%ff.4*verfbrmed and all charges and costs have been v -
City. Since this account will thereupon be closed, any and other further charges if not properly included on
this final invoice are hereby waived by the Contractor.
2.0 SAFETY. Contractor shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, and subcontractors while performing the work required
hereunder.
3.0 INSURANCE. At all times when performing work under this Agreement, Contractor shall be
responsible for providing the types of insurance and limits of liability as follows:
3.1 The Contractor shall maintain comprehensive general liability insurance in the minimum amount
of $ 1,000,000 as the combined single limit for each occurrence to protect the Contractor from claims of
property damages and personal injury which may arise from any work performed under this Agreement
Contractor.
3.2 The Contractor shall maintain comprehensive automobile liability insurance in the minimum
amount of $1 1 000 1 000 combined simile limit bodily iniury and nd"S50, nir , w 0 rn iii-flie
i*ncludinzw.rong,fuldeat,h.,q.-, ell *rvcl,?Jm 3L2
Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Service, Inc.
3
use, or maintenance of owned and non -owned vehicles, including rented vehicles whether such operations be
by the Contractor or by anyone directly or indirectly employed by the Contractor.
3.3 The Contractor shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law fer all of its employees performing
work for the City pursuant to this Agreement,
3.4 Special Requirements. Current, valid insurance policies meeting the requirements herein
identified shall be maintained at all times when Contractor is performing work, under this Agreement.
Renewal certificates shall be sent to the City thirty (3 0) days prior to any expiration date. There shall also be a
thirty (3 0) day advance written notification to the City in the event of cancellation or modification of any
stipulated insurance coverage, The City shall be an additional named insured on stipulated insurance
policies included in Sections 3.1 and 3.2 herein, as its interest may appear, from time to time. Further,
the Property Owners of the debris management site approved by the City shall likewise be an additional
named insured, as their respective interests may appear.
4.0 COMPLIANCE NNTTH LAWS AND REGULATIONS. Contractor shall comply with all
requirements of federal, state, and local laws, rules, regulations, standards, and/or ordi nancesapplicable to the
performance of work under this Agreement.
5.0 REPRESENTATIONS.
5.1 Contractor represents that the work provided hereunder shall conform to all requirements of this
Agreement and shall conform to the customary standards of care, skill, and diligence appropriate to the nature
of the work rendered. Contractor shall perform as expeditiously as is consistent with, professional skill and
care and the orderly progress of the work performed hereunder, The Contractor's designated representative
shall have the authority to act on Contractor's behalf with respect to the work. In addition, Contractor's
representative shall render decisions in timelymanner in order to avoid unreasonable delay in the orderly and
sequential progress of the work. The Contractor shall review laws, codes, and regulations applicable to the
work. The Contractor' s work shall comply with all applicable requirements imposed by all public authorities.
The Contractor represents and warrants that it, is -familiar with, and accepts that it will perform the work
hereunder in a manner that complies with all applicable requirements of law, codes, and regulations,
5.2 Contractor represents that all principals, employees, subcontractors, and other personnel
furnishing such work shall be qualified and competent to perform the work assigned to the and that such
guidance given by and the recommendations and performance of such personnel shall reflect their best
professional knowledge and judgment.
Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Service, hie,
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transmission, of Contractor related, directly or indirectly, to the services provided to the City under this
Contractor, Said records, documents, transactions, writings, papers, letters, computerized infimnation and
ElIxispkahograr6rus, d2la-prar-e-ssing s-oftware, w?.rti-&,g&ox-etXer-
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to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City's designated custodian of public records.
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inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law.
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Agreement and shall meet all applicable requirements for retaining public records. All records stored
electmnically must beprovided CL-rkj---*-�W—that
the information, technology systems of City. Should the City not possess public records relating to this
Agreement which are requested to be inspected or copied by the City or any other person, the City shall
the Contractor may be subject to penalties under Section 119,10, Florida Statutes. The Contractor
acknowledges that if a civil action is filed qgainst the Contractor to conIgel 12roduction of 12ublic records
Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Service, Inc.
5
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to the City for the purpose of examination, audit, or otherwise. Failure by Contractor to grant such public
access and comply with public records laws and/or requests shall be grounds for immediate unilateral
cancellation of this Agreement bythe City upon delivfLry of a written notice of cancellatio-i.. If the Co-itractsir
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any damages incurred by the City� for enforcing this Section against Contractor. And, if applicable, the City
shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third
party because of the Contractor's failure to comply with this Section. The terms and conditions set forth in
this Section shall survive the termination of this Agreement,
7.0 ASSIGNMENT.
7.1 Contractor shall not assign any rights or any monies due or to become due hereunder without the
prior, written consent of City, Contractor may subcontract work under this Agreement provided all
subcontractors shall have com&L-, with all performance standards and insurance requirements set forth in dida,
Agreement.
7.2 Contractor shall be fully responsible to City for all acts and/or omissions performed by the
subcontractor as if no subcontract had been made.
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including, but not limited to, their removal from service.
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effective date of termination.
Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Service, Inc.
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litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando,
Florida.
11.0 HEADINGS. Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
12.0 SEVERABILITY. In the event any portion or part of thereof this Agreement is deemed invalid,
against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an
equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the
remaining parts of this Agreement shall otherwise by fully enforceable.
13.1 Waiver by either party of any tenn, condition, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
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14.0 ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between City
and Contractor with respect to the work specified and all previous representations relative thereto, either
written or oral, are hereby annulled and superseded,
15.0 NO JOINT VENTURE, Nothing herein shall be deemed to create ajoint venture or principal -
persons or the public in any manner which would indicate any such relationship with the other,
16.0 ATTORNEY'S FEES . Each party shall bear their own attorney's fees and costs under this
Agreement.
17.0 DRAFTING. City and Contractor each represent that they have both shared equally in drafting
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the event of a dispute between the parties.
18.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or
mailed, postage prepaid to:
For Contractor:
Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Service, hic.
7
7 10 E. State Road 434
Winter Spring -s, Florida3 7
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(407) 327-2520
For Cily:
City of Winter Springs
Attention: Shawn Boyle, Finance Director
1126 E. State Road 434
(407) 327-5960
® Either party may change the notice address by providing the other party written notice of the
change.
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potential liability under state or federal law. As such, the City shall not be liable under this Agreement for
punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim
orjudgment, orportion thereof_., to=, one ?,erson for more than one
or claim or iud ent or , ,ereof. w1mirli-w4-ji ]WI.
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two hundred thousand dollars ($300,000,00). This paragraph shall survive termination of this Agreement.
20.0 CORPORATE REPRESENTATIONS BY CONTRACTOR. Contractor hereby represents
and warrants to the City the following:
20.1 Contractor is duly registered and licensed to do business in the State of Florida and is in good
standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and
operations set forth in this Agreement,
20.2 The undersigned representative of Contractor has the power, authorfty� and legal right to execute
and deliver this Agreement on behalf of Contractor.
Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Service, Inc.
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21.0 INDEMNIFICATION.
21.1 Contractor shall indemnify and hold harmless the City, and its officers, attorneys and employees,
from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other
persons employed by the Contractor in the perforinance of this Agreement.
21.2 Contractor shall also indemnify and hold harmless the City, and its officers, attorneys and
employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's
f6es, to --the e*er*-*w-- so -i r-awsid by afln-r paKccp�; erAployv;�-��� ia
the performance of the Agreement.
The indemnity provisions set forth in Paragraphs 21.1 and 21.2 shall be considered separate and
independent indemnity provisions, and shall survive the termination of this Agreement.
used to fulfill contractual obligations with the City, nor is the Contractor authorized to use the City's Tax
Exemption Number in securing such materials. The Contractor shall be responsible for payment of its own
and its share of its employee FICA and Social Security benefits with respect to this Agreement
CITY NvM;K il?RJNGS
K,e�,, in L. aSnfth, City Manager
ATTEST:
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An -ea Larenzo-Luaces, City Clerk
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CONTRAC'
By:
Da Ze- er,P;re I siadern
Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Service, Inc.
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