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Home My WebLink AboutBudget Tree Service, INC Piggyback Rider for Tree Trimming, Removal, and Stump Grinding 2024 02 02Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 1 of 48 Exhibit A Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 2 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 3 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 4 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 5 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 6 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 7 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 8 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 9 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 10 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 11 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 12 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 13 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 14 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 15 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 16 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 17 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 18 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 19 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 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eCertified Id: 96B4-A0AA-82DG Page 34 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 35 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 36 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 37 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 38 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 39 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 40 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 41 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 42 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 43 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 44 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 45 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 46 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 47 of 48 Seminole County Clerk of the Circuit Court and Comptroller eCertified at 01/07/2022 09:42:37 -05:00 eCertified Id: 96B4-A0AA-82DG Page 48 of 48 SUBMIT BIDS TO: (www.seminolecountyfl.gov/purchasing) Upload to the County Website INVITATION FOR BID And Bidder Acknowledgment Contact: Leticia Figueroa Senior Procurement Analyst 407-665-7119 - Phone 407-665-7956 - Fax lfigueroa@seminolecountyfl.gov IFB-604188-21/LNF Term Contract for Tree Trimming, Removal and Stump Grinding Bid Due Date and Time: October 20, 2021 at 2:00 PM (Easter Time) Public Opening: Zoom at www.zoom.us , Meeting ID: 990 7829 7621, Pass Code: 184015 Proposer Name: Federal Employer ID Number: Mailing Address: If returning as a "No Submittal", state reason (if so, return only this page): City, State, Zip: Type of Entity (Circle one): Corporation Partnership Proprietorship Joint Venture Incorporated in the State of: ______________ List of Principals: _______________________ _____________________________________ The undersigned Bidder hereby acknowledges receipt of Addenda Numbers______ through______: ___________________________________ Authorized Signature (Manual) Date Email Address: Typed Name: Telephone Number: Title: Fax Number: Date: THIS FORM MUST BE COMPLETED AND RETURNED WITH WRITTEN BID The Bidder is expected to completely analyze the information contained in this Invitation for Bid (IFB) as guidance for the preparation of their written submittal. The Bidder’s written bid should be specific, detailed, and complete in order to clearly and fully demonstrate the Bidder’s understanding of the requested work and/or delivery requirements. 1 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Exhibit B Part 1 Description of Services and Requirements The Contractor will be 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 with the following requirements: a)Provide a list of personnel, by name and title, contemplated to perform the work: 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 1910.268, 1910.269 and 1910.33. This includes the person, all tools and any part of the tree being worked on must be at least ten feet from the wires at all times. c) Employees must be certified under Part VI of the MUTCD, tort law, the FL RTDS 600 Series Index. d)Employees must be certified pesticide applicator in Category 6, Right-of-Way 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 must be certified under OSHA 29CFR Parts 1910.269, 1910.268 and 1910.33; and have an arborist certified by the International Society of Arboriculture (ISA). Contractor’s personnel 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.U.T.C.D. and F.D.O.T. manuals and agreed upon by Contract Manager and Contractor(s). SPECIFICATIONS: 1.Safety trimming includes trimming for clearance over roadways and sidewalks, as well as trimming around street lights, signs and signals. 2.Clearance shall be a minimum of 17 feet above roadways and shall be measured from the highest point of the roadway. Clearance over sidewalks shall be a minimum of 9 feet measured from the highest point of the sidewalk, unless otherwise indicated. 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 be properly disposed at the expense of the Contractor. Contractor shall adhere to the proper traffic control at all times using the F.D.O.T. 600 series as a guide. Door Hangers, approved by Seminole County Government, shall be utilized to properly notify all residents in effected areas 7 working days in advance. 4.Work will be assigned by release orders generated by Seminole County Government. Contractor(s) shall initiate routine work within ten (10) working days from receipt of orders. The safety trim program is generally systematic, grouping work orders into geographical units. Non-Emergency work will be assigned for completion during a typical workweek consisting of the days Monday through Saturday and hours of 7:30 a.m. through 4:00 p.m. 5.Emergency work will be assigned by release order generated by Seminole County 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, unless otherwise indicated. All debris shall be properly disposed of at the expense of the Contractor. Contractor shall prune trees that obstruct street light illumination at 2 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding various locations countywide. Contractor shall prune trees to achieve results exemplified in “Exhibit A.” 7.The project area shall be left in a clean and neat condition. Cleaning/Sweeping of area shall be done to provide a well-groomed atmosphere. The use of plywood sheets shall be used to protect the ground where areas of heavy equipment may disturb or destruct the surface. Work shall be performed in accordance to the American National Standards Institute (ANSI) A300 Pruning Standards, ANSI Z133.1 Safety Standards. 8.Contractor shall utilize “County approved” door hangers for entire work site proximity, a minimum of 7 working days in advance of all regular or scheduled release orders. 9.Contractor shall grind stump and all roots, which may affect the final outcome of the project, as directed by the Contract Manager. Contractor(s) shall remove all materials from project, which have been disturbed and/or are not pre-approved for remaining on project after completion by Contractor(s). 10.Contractor shall remove underbrush (up to four inches in diameter, measured 12” above grade), cut flat and close to grade level, back to the County right-of-way, unless otherwise indicated. All debris shall be properly disposed of and all stumps shall be immediately treated with the approved pesticide. COMPLIANCE REQUIREMENTS: 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 Manager - 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 change of Project Manager or Alternate and shall submit justification (including the name and rationale for proposed change and how he/she will be phased in). No substitution 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 (24) hours a day, seven (7) days a week, to act with full authority for the Contractor. This individual shall be responsible for the supervision, overall administration and coordination of all required services. The Project Manager shall be the point of contact with the County and have the authority to act or make decisions for the Contractor. 2.3 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 Manager (e.g., vacation and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate Project Manager(s) with the submittal. The Contractor shall provide written notice to the County Contract Administrator one week in advance of any change of Alternate Project Manager(s). 2.4 Other Personnel Requirements – The Contractor shall furnish supervisory, administrative and direct labor personnel to accomplish all work required. The Contractor shall provide only personnel who are legally entitled to work in the United States to accomplish work and services specified herein. The Contractor’s employees performing the services required by this contract shall have specialized training, prior work experience or demonstrated technical skills required to fulfill the specific contract requirements. 3 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 2.5 Prohibition against hiring off-duty County employees – The Contractor shall not hire off-duty nor utilize under contract any person whose employment under the contract will, or appear to, result in a conflict of interest or violation of the standards of conduct. In instances of doubt, the Contractor shall refer the matter to the County Contract Administrator. 2.6 Employee Physical Capabilities – There shall be no discrimination against employees on the basis of handicaps or other disabling conditions; however, employees shall only be assigned to duties which they can perform without endangering the health, safety and welfare of themselves or others. The Contractor shall have a duty to reasonably accommodate any handicap. 2.7 Standards of Conduct for Contractor 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 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 is inconsistent with the interests of the government security, or whose presence deters the accomplishment of work. Furthermore, the County reserves the right to refuse to permit any Contractor employee to perform services under the contract who is not in compliance with requirements of contract. In such cases, the County Contract Administrator will 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 to provide sufficient personnel to perform the work specified in the contract. 2.8 Employee Identification –All Contractor employees shall wear a Contractor furnished identification uniform with logo which shall be visible on the outside of their clothing. 2.9 Contractor Availability – The Contractor shall provide a local telephone number, which is not a toll call from Seminole County, where he/she or the designated representative may be reached during normal duty hours. The Project Manager and Alternate shall carry a telephone and the number shall be provided to the County Contract Administrator or designated representative, prior to contract performance and immediately upon any change, throughout the term of this contract. 2.10 Control of Personnel – The County will not exercise any supervision or control over Contractor personnel performing services under the contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of County personnel, or become an integrated part of the County organization in connection with performance under the contract, nor shall Contractor personnel be used in administration or supervision of County activities. 2.11 Personnel Selection – The Contractor shall be responsible for selecting personnel who are well qualified to perform the required services, for supervising techniques used in their work, and for keeping them inform of all improvements, changes, and methods of operation. 2.12 Quality Control Program. The Contractor shall establish and maintain a quality control program that identifies and results in correction of potential and actual problem areas throughout the entire scope of the contract. The Contractor’s quality control program shall contain processes for corrective action without dependence upon County direction and include a customer complaint feedback system for correction of validated complaints and to inform the customer of corrections. At a minimum, the customer complaint shall contain procedures for the customer to file complaints with the Contractor, forms to be utilized by the customers, 4 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding procedures for investigation of the complaint and feedback to the customer and the County on the results and actions taken on the complaint. 2.13 Rework. Services that are not performed to County’s satisfaction or to the required specifications shall be performed or re-performed. Rework is solely at the option of the County. The fact that a specific task has or has not been reworked will in no way effect the results of quality assurance random sampling, the calculated acceptable percentage or deductions which may result there from. Rework shall be accomplished within one (1) calendar day of notification by the County at no additional cost to the County. Contractor shall notify the County Contract Administrator or designated representative when rework requirements have been completed. 2.14 Safety. 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 Right of Way shall adhere to the M.U.T.C.D. and Florida Department of Transportation standards for proper traffic control. Crew size must be a minimum of two (2) employees and increased as needed to comply with applicable safety standards. When Public safety warrants, unscheduled work orders may be assigned on an emergency basis. Contractor must respond within twenty-four (24) hours from time of notification. Where trees are in proximity to power lines, the Contractor is responsible for coordinating work through appropriate utility company and adhering to OSHA standard 1910.269, 1910.268 and 1910.33 for tree trimming near electrical conductors. 2.15 Smoke Free 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, restrooms, elevators, entryways, lobbies, conference rooms, classrooms. Permissible areas will be so designated. 2.16 Legal County Holidays. Days designated by Seminole County as legal holidays. These days are: New Year's Day Martin Luther King's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Day When such holidays fall on Saturday, the preceding Friday shall be considered a holiday. When such holidays fall on a Sunday, the succeeding Monday will be considered a holiday. 2.17 Security: The Contractor shall be responsible for the security of his/her property and the property of the Contractor’s employees. 2.18 Vehicle Registration. All 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 Federal, state and local government requirements. 2.19 Equipment/Supplies. The Contractor shall furnish all equipment and supplies necessary to perform the required services. 5 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 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 Safety Data Sheets. The Contractor shall submit, at the request of the County Contract Administrator, any or all Material Safety Data Sheets for hazardous materials proposed for use in the performance of the contract. In addition, the Contractor shall maintain copies available for review by the Contractor employees. 2.22. 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 of this Work. Contractor shall be responsible for the prompt and complete removal of all debris which is a result of this contractual service. The Contractor shall provide all barricades and take all necessary precautions to protect buildings, underground utilities, personnel and safety of the public. This Page is left Blank Intentionally 6 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Part 2 Instructions to Bidders PUBLIC OPENING: Electronic bids shall be received at PCD in accordance with the instructions in this solicitation documents, unless otherwise revised via posted Addenda. Persons with disabilities needing assistance to participate in the Public Closing should call the noted PCD Contact Person at least forty-eight (48) hours in advance of the Public Opening at (407) 665-7116. DELAYS: The COUNTY, at its sole discretion, may delay the scheduled due date and time for submission, if it is to the advantage of the COUNTY to do so. The COUNTY will post all changes in the scheduled due date and time for submission by written addendum posted to the COUNTY’s Website: (www.seminolecountyfl.gov/purchasing) BID SUBMISSION AND WITHDRAWAL: The COUNTY will receive submittals in electronic form that shall be uploaded on the COUNTY website. Bids received after the scheduled due date and time for submission shall not be considered. The scheduled due date and time for submission will be scrupulously observed. The COUNTY will not be responsible for late or last minute uploads of submittals. The COUNTY cautions all Bidders to ensure receipt of bids prior to the scheduled due date and time for submission that has been set for receiving bids. Telephone confirmation of timely receipt of any bid should be made by calling (407) 665-7119, before the 2:00 PM deadline. The Bidder is required to submit ONE (1) ELECTRONIC FORMATTED file of their complete written submittal. Bidders may withdraw their bids by notifying the COUNTY in writing at any time prior to the scheduled due date and time for submission. Bidders may withdraw their bids in person or through an authorized representative. Bidders and authorized representatives should disclose their identity if calling in to listen to the virtual bid opening. Bids, once received, become the property of the COUNTY. At its sole discretion, the COUNTY may request additional information should the COUNTY deem it necessary. INQUIRIES: All Bidders should carefully examine the IFB documents. Any ambiguities or inconsistencies shall be brought to the attention of PCD Contact Person in writing prior to the scheduled due date and time for submission. Failure to do so, on the part of the Bidder, shall constitute an acceptance by the Bidder of any subsequent decision made by the COUNTY. Any questions concerning the intent, meaning and interpretations of the IFB documents including the attached Draft Term Contract, shall be requested in writing, and received by PCD Contact Person at least seven (7) calendar days prior to the scheduled due date and time for submission. Written requests can be submitted via e-mail: lfigueroa@seminolecountyfl.gov. The COUNTY will not be responsible for oral instructions made by employees of the COUNTY or its authorized representatives in regard to this IFB. ADDENDA: Should revisions to the IFB documents become necessary; the COUNTY will post Addenda information on the COUNTY's Website. All Bidders should check the COUNTY's Website or notify PCD Contact Person to verify information regarding Addenda. Failure to do so may result in rejection of the Bidder’s submitted bid and a determination as “Non-Responsive”. By execution of the Formal Notice for this IFB, the Bidder acknowledges receipt of all Addenda issued under this solicitation. Addenda information will be posted on the COUNTY’s Website (www.seminolecountyfl.gov/purchasing). It is the sole responsibility of the Bidder to ensure that they obtain information related to any Addenda. SELECTION PROCESS AND AWARD: The award will be made in the best interest of the COUNTY, as determined by the COUNTY, based upon the low total price and/or line-item by line-item, to the Lowest Responsible Bidder(s) that meet the requirements listed in this solicitation. The COUNTY will determine the method that will more benefit the organization. The Bidder(s) understands that this Bid does not constitute an agreement or a contract with the Bidder. The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to waive formalities, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety. In evaluating Bids, the COUNTY shall consider the information provided by the Apparent Low Bidder as described in these "INSTRUCTIONS TO 7 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding BIDDERS." Any of the following causes may be considered as sufficient grounds for disqualification of a Bidder or the rejection of a Bid: (a) Submission of more than one (1) Bid for the same Work by any entity under the same or different names. (b) Evidence of collusion among Bidders. (c) Submission of an unbalanced Bid in which prices quoted for some items are out of proportion to the prices quoted for other or similar items in the same Bid. (d) Lack of responsibility as shown by past Work from the standpoint of life safety including, but not limited to, strict adherence to all maintenance of traffic requirements of COUNTY, workmanship, progress and financial irresponsibility. (e) Uncompleted Work for which the Apparent Low Bidder is committed by contract which might hinder or prevent the prompt completion of Work under this Bid if an Agreement would have been awarded to the Apparent Low Bidder. (f) Falsification of any entry made on the Bid Documents shall be deemed a material irregularity and will be grounds, at the COUNTY's option, for disqualification of the Apparent Low Bidder or rejection of the Bid. (g) This section shall be construed liberally to benefit the public and not the Apparent Low Bidder; however, any other evidence which may hinder or otherwise delay completion of the Project may be grounds for disqualification. (h) Non-compliance with the submittal requirements of these Instructions to Bidders. AWARD CRITERIA: The recommendation of award will be based on, but not limited to the following criteria: (a) The ability, capacity and skill of the Apparent Low Bidder to perform the Work. (b) Whether the Apparent Low Bidder can perform the Work promptly, or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment and efficiency of the Apparent Low Bidder. (d) The quality of performance of previous contracts or services to Seminole County or any other agency or client. (e) The previous and existing compliance by the Apparent Low Bidder with Chapter 220, Seminole County Purchasing Code & Procedures, the life safety requirements of COUNTY, and other laws and ordinances, regulations. (f) The sufficiency of the financial resources and ability of the Apparent Low Bidder to perform the Work. (g) The quantity, availability, and adaptability of the Apparent Low Bidder to perform the Agreement or service to the particular needs of the COUNTY. (h) The ability of the Apparent Low Bidder to retain employees for the purpose of this Work. (i) The experience of the Apparent Low Bidder performing in a similar manner as required by this Agreement. Minimum of three (3) satisfactory years shall be required. (j) The type, structure and experience of the local or branch management proposed. (k) Quality Control Program. (l) Claims and Litigation filed against the Apparent Low Bidder or filed by the Apparent Low Bidder for equitable adjustment, contract claim or litigation in the past five (5) years. (m) Reprimand of any nature or suspension by the Department of professional Regulation or any other regulatory agency or professional association within the last five (5) years. BID PREPARATION COSTS: Neither the COUNTY nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this IFB. Bidders should prepare their bids simply and economically, providing a straightforward and concise description of the Bidder's ability to meet the requirements of this IFB. ACCURACY OF BID INFORMATION: By submission of a bid, Bidder acknowledges that they have carefully examined the IFB documents and agrees to furnish the services/products specified in the solicitation at the prices, rates or discounts as proposed. Bidders agree that their bid will remain firm for a period of up to one hundred twenty (120) days in order to allow the County adequate time to evaluate the submittals. 8 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding By submission of a bid, Bidder agrees to abide by all conditions of this bid and understands that a background investigation may be conducted by the Seminole County Sheriff’s Department prior to award. Bidder certifies that all information contained in their bid is truthful to the best of their knowledge and belief. Bidder further certifies that they are duly authorized to submit this bid on behalf of the vendor/Bidder as its act and deed and that the vendor/Bidder is ready, willing and able to perform if selected. INSURANCE: A misstatement or omission of a material fact, whether intentional or not, regarding the Proposer's insurance coverage, policies or capabilities may be grounds for rejection of the Proposer’s submitted proposal and rescission of any ensuing Award Agreement. The COUNTY recommends that all Bidders review the insurance requirements listed within the Draft Term Contract with their insurance carriers. A copy of the insurance certificate shall be furnished to the COUNTY prior to the final execution of the COUNTY’s Award Term Contract. The COUNTY reserves the right to reject the award to any Bidder that fails to provide the insurance as required within the COUNTY’s Term Contract. LICENSES: Bidders, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal of Bid. Should the Bidder not be fully licensed and certified, its bid shall be rejected. Any permits, licenses, or fees required shall be the responsibility of the Bidder. No separate or additional payment will be made for these costs. Adherence to all applicable code regulations, Federal, State, County, City, etc., are the responsibility of the Bidder. The following licensing requirements shall apply when the applicable Florida Statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation. (a) State of Florida, Department of Professional Regulation, Construction Industries Licensing Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the specified construction work; (b) Said licenses shall be in the Bidder's name as it appears on the Official Bid Form. Bidder shall supply appropriate license numbers, with expiration dates, as part of their bid. Failure to hold and provide proof of proper licensing, certification and registration may be grounds for rejection of the bid; (c) Bidder shall provide copies of all applicable licenses with their Bid Proposal; and (d) Subcontractors contracted by the Prime Contractor shall be licensed in their respective fields to obtain construction permits from the County. OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.): In instances where such is applicable due to the nature of the bid matter with which this bid package is concerned, all material, equipment, etc., as proposed and offered by Bidders must meet and conform to all O.S.H.A. requirements; the Bidder's signature upon the bid proposal form being by this reference considered a certification of such fact. POSTING OF RECOMMENDATION AND INTENT OF AWARD: The recommendation and intent to award for this IFB will be posted on the COUNTY’s Website (www.seminolecountyfl.gov/purchasing) prior to submission for final approval of award. Failure to file a protest with the COUNTY’s Purchasing & Contracts Manager within the time prescribed in the COUNTY's Purchasing Code, Policies and Procedures shall constitute a waiver of proceedings. PUBLIC RECORDS: Upon recommendation and intent to award this IFB as posted to the COUNTY’s website or thirty (30) calendar days after closing, bids are considered “public records" and shall be subject to the public disclosure regulations consistent with Chapter 119, Florida Statutes. Bidders must invoke the exemptions to disclosure provided by law in their response to the solicitation and must identify the data or other materials to be protected by separate envelope, and must state the reasons why such exclusion from public disclosure is necessary pursuant to the COUNTY’s, “Compliance With Public Records Law” Form, which is required as part of the IFB documents. Ownership of all data, material, and documentation originated and prepared for the County pursuant to the IFB shall belong exclusively to the County and be subject to public inspection in accordance with the Public Records Law. Trade secrets or proprietary information submitted by a Bidder shall not be subject to public disclosure under the Public Records Law; however, the Bidder must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary. 9 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding PROHIBITION AGAINST CONTINGENT FEES: It shall be unethical for any person to be retained, or to retain any company or person, other than a bonafide employee working solely for the Bidder to solicit or secure the Term Contract for this IFB, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working solely for the Bidder, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Term Contract. For the breach or violation of this provision, the COUNTY shall have the right to terminate the Term Contract at its sole discretion, without liability and to deduct from the Term Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. ACCEPTANCE / REJECTION / DISQUALIFICATION: The COUNTY reserves the right to accept and make award to those Bidders, who in the opinion of the COUNTY, will be in the best interest of and/or the most advantageous to the COUNTY. The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety. The COUNTY reserves the right to reject the bid of any Bidder who has previously failed in the proper performance of an award or to deliver on time agreements of a similar nature or who, in the COUNTY's opinion, is not in a position to perform properly under this award. The COUNTY reserves the right to inspect all facilities of Bidders in order to make a determination as to the available resources to perform properly under this award. The COUNTY reserves the right to waive any irregularities, informalities, and technicalities and may, at its discretion, issue a re-procurement. More than one (1) bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is involved in more than one proposal submittal will be cause for rejection of all bids in which such Bidders are believed to be involved. Any or all bids will be rejected if there is reason to believe that collusion exists between Bidders. Bids in which the prices obviously are unbalanced will be subject to rejection. ADDITIONAL TERMS AND CONDITIONS: Unless expressly accepted by the County, only the terms and conditions in this document shall apply: No additional terms and conditions included with the bid response shall be considered. Any and all such additional terms and conditions shall have no force and effect, and are inapplicable to this bid if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and/or any special conditions in these Bid Documents and any addenda issued under this solicitation are the only conditions applicable to this bid and the Bidder's authorized signature on the Bid Response Form attests to this. Exceptions to the terms and conditions will not be accepted. RESPONSIBILITY: The County reserves the right, before award, to require a Bidder to submit such evidence of his qualifications as it may deem necessary, and may consider any evidence available such as financial, technical, and other qualifications and abilities of the Bidder, including past performance and experience with the County. This information may be used to determine the Bidder’s responsibility. BIDS TO REMAIN FIRM. All Bids shall remain firm for a minimum of one hundred twenty (120) days after the day of the Bid opening to allow for the evaluation and selection process and proper execution of the Agreement. Extensions of time when Bids shall remain opened beyond the one hundred twenty day period may be made only by mutual agreement between Seminole County and the Selected Bidder. The successful Contractor must maintain the bid prices firm for a minimum of one (1) year after the contract is executed. No cost increase will be authorized during the first year of the agreement. PURCHASING CODE: The Seminole County Code Chapter 220 (Purchasing Code), Administrative Code Section 3.55 (Purchasing Policy), and County Manager Policies apply to this IFB in their entirety. AFFIRMATION: By submission of a bid, the Bidder affirms that their bid is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. The Bidder agrees to abide by all conditions of this IFB and the resulting Term Contract. MISTAKES IN BID: Bidders are expected to examine the terms and conditions, specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be 10 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding at Bidder's risk. In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. Written amounts shall take precedence over numerical amounts. In the event of addition errors(s), the unit price, and extension thereof, will prevail and the Bidder's total offer will be corrected accordingly. Bids having erasures or corrections must be initialed in ink by the Bidder. GOVERNMENTAL RESTRICTIONS: In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the Bidder to notify the Purchasing and Contracts Division at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The County reserves the right to accept such alteration or to cancel the contract or purchase order at no further expense to the County. DRUG-FREE WORKPLACE COMPLIANCE: Bidder shall comply with Section 287.087, Florida Statutes, and failure to comply shall result in rejection/disqualification of the bid and all agreements as a result of this solicitation. PUBLIC ENTITY CRIME: Any Person or affiliate, as defined in Section 287.133 of the Florida Statutes, shall not be allowed to contract with the COUNTY, nor be allowed to enter into a subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three (3) years from the date this Project was advertised for Proposal, or if such person or affiliate was listed on the State's convicted vendor list, within three (3) years of the date this Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any Agreement with the COUNTY obtained in violation of this Section shall be subject to termination for cause. A sub-contractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a sub-contractor acceptable to the COUNTY. UNIFORM COMMERCIAL CODE: The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the Bidder and the County for any terms and conditions not specifically stated in this solicitation. PROPRIETARY/RESTRICTIVE SPECIFICATIONS: Bidder, who feels the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must notify the Purchasing and Contracts Division of their rejection upon receipt of this IFB and prior to the due date. PAYMENT TERMS/DISCOUNTS: The County’s payment terms are in accordance with Section 218, Florida Statutes, Florida Prompt Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for evaluation purposes. PRICE REDETERMINATIONS. 1.During the Renewal Term: Petitions for price redeterminations must be made at the time of County’s notification to the Contractor of the renewal period. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract to reflect the new prices for the renewal term. 2.Outside the Renewal Term: Petitions for price redeterminations must be made within thirty (30) days of the anniversary date of the Contract. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract. 11 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding BASIS FOR PRICE REDETERMINATIONS. The Contractor may petition the Purchasing and Contracts Division for price redetermination based on the increased costs of wages, fuel, or materials. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the solicitation opens. The base index number for the PPI will be for the month the solicitation opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the "base index number." The County shall have the right to audit the Contractor's records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request. WAGE PRICE REDETERMINATION. When requesting a price redetermination based upon an increase in wage costs, the Contractor shall refer to and utilize the Pay & Benefits, Employment Cost Index, Private Industry, Compensation as prepared by the Bureau of Labor Statistics in the U.S. Department of Labor available at www.bls.gov. MINIMUM WAGE PRICE REDETERMINATION. If the minimum wage increases during the term of the Contract, including any renewal or extension period thereunder, the Contractor may petition the Purchasing and Contracts Division for price redetermination for those job categories where the pay to the Contractor's employee(s) is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The Contractor must increase the pay to the employee(s) by the amount the Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The Contractor must supply written documentation of any other increase that is beyond the scope and control of the Contractor. All written documentation must satisfy the reasonable expectations of the Purchasing and Contracts Division. Example: Minimum wage increases from $7.31 to $7.56 per hour. The Contractor may petition for an increase of $0.25 per hour to be paid to the affected employee(s) and shall provide written and documented cost increases for FICA, Medicare and Workers' Compensation. The resulting increase in costs shall be incorporated into fees/rates billed to the County. If the Contractor bills the County at a higher price according to any price redetermination granted by the County, and the Contractor fails to increase the hourly rate paid to the employee for the same period, the Contractor will be considered in Contract default and the Contract will be immediately terminated. FUEL PRICE REDETERMINATION. If and when the price of fuel increases by a minimum of ten (10%) percent, the Contractor may petition the Purchasing and Contracts Division for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the Contractor shall be required to petition for a fuel price redetermination decrease if and when the price of fuel decreases by a minimum often (10%) percent. Failure to make such petition may be grounds for Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior fuel price redetermination increase(s). Fuel price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity "Gasoline - WPU057". MATERIALS PRICE REDETERMINATION. At the anniversary date of the Agreement, the Contractor may petition the Purchasing and Contracts Division for a materials price redetermination. As a condition of petitioning for a materials price increase, the Contractor shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the Contractor in connection with the Contract decreases. Failure to make such petition may be grounds for Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior materials price redetermination increase(s). Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) under Inflation & Prices, Industry Data, Construction Machinery Mfg. PCU 333120333120, as published by the Bureau of Labor Statistics. PRICE REDETERMINATION CALCULATION. All Price Redeterminations shall be calculated as follows: 12 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Example: Contractor indicated on the Submittal Form that fourteen percent (14%) of the cost to provide the product/service is directly attributed to the redetermination category (wages, fuel, or materials). PPI in the month the solicitation closed was $158.73 264.52 Current PPI is $264.52 -158.73 105.79 $105.79 divided by $158.73 = .666% The unit cost of the service is $100.00 14% of $100.00 = $14.00 $14.00 x .666 = $9.32 The New Unit Price for the service is $109.32 (105.79 + 9.32) EXPIRATION UPON FAILURE TO AGREE TO PRICE REDETERMINATION. If the County and the Contractor cannot agree to a price redetermination pursuant to the terms and conditions of this Section, then the Contract will automatically expire without penalty or further expense to either party after a period of six (6) months following the Contractor's initial request for such price redetermination. Requests for price redeterminations not made in accordance with the provisions of this Section shall be deemed null and void and shall not be a valid reason or pretext for expiration or termination of the Contract. If the contract expires pursuant to the terms and conditions of this Section, the County reserves the right, at no expense, penalty, or consequence to the County, to award any remaining tasks thereunder to the next available most responsive and responsible Contractor. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: All Applicants submitting a response to this solicitation agree that such response also constitutes a submittal to all governmental agencies within the State of Florida, under the same conditions, for the same contract price, and for the same effective period as this proposal, should the Applicant feels it is in their best interest to do so. Each governmental agency desiring to accept these submittals, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this solicitation. This agreement in no way restricts or interferes with the right of any governmental agency to re- solicit any or all items. QUANTITIES: Seminole County will not be held to any maximum or minimum purchase quantities as a result of this solicitation and/or resulting contract. Seminole County reserves the right to purchase any; all, or none, of its requirements from vendors awarded a contract as a result of this solicitation. All quantities as shown are approximate and no guarantee is made. Except as this contract may otherwise provide, if the County’s requirements do not result in orders in the quantities described as “estimated” in the contract’s price schedule, that fact shall not constitute the basis for an equitable adjustment. PRICE/DELIVERY: Price(s) quoted must be the price(s) for new merchandise unless otherwise specified. Any bids containing escalator clauses will not be considered unless specifically requested in the bid specifications. Delivery shall be during the normal working hours of the user department, Monday through Friday, unless otherwise specified and incorporated into contract or purchase order document. F.O.B. POINT: The F.O.B. point shall be destination. The prices bid shall include all costs of loading, transporting, delivery and to designated point(s) within Seminole County. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time is of the essence and the Contractor’s delivery date must be specified and adhered to. Should the Contractor, to whom the order or contract is awarded, fail to deliver on or before the stated date, the County reserves the right to cancel the order or contract and make the purchase elsewhere and the Contractor will be required to compensate the County for the difference in price paid for the alternate product. The Contractor shall be 13 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding responsible for making any and all claims against carriers for missing or damage items. Partial shipments will be acceptable unless otherwise stated. BID FORMS: All bids must be submitted on the County’s standard Bid Response Form. Bids on Bidder’s quotation forms shall not be accepted. METHOD OF ORDERING: The County shall issue Purchase Orders against the contract on an as needed basis for the supplies or services listed on the Bid Proposal Form. The County reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety. This Page is left Blank Intentionally 14 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Part 3 Instructions for the preparation of Bids The Bidder(s) warrants its response to this Invitation for Bid to be fully disclosed and correct. The firm must submit a bid complying with this Invitation for Bid, and the information, documents and material submitted in the bid must be complete and accurate in all material aspects. Bidders are advised to carefully follow the instructions listed below in order to be considered fully responsive to this Bid. Bidders are further advised that lengthy or overly verbose or redundant submissions are not necessary. You need only to return required, signed documents and information pertinent to this specific project. Compliance with all requirements will be solely the responsibility of the Bidder. Failure to provide requested information may result in disqualification of response. The bid must be divided into the following three (3) sections: 1.REQUIRED SUBMITTALS: Bidder Information – Page #1 of Package Summary of Litigation: Provide a summary of any litigation, claim(s), or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that Bidder provides in the regular course of business. The summary shall state the nature of the litigation, claim or contract dispute, a brief description of the case, the outcome or projected outcome, and monetary amounts involved. License Sanctions: Regulatory/license agency sanctions within the past 5 years. Attachment A - Conflict of Interest Statement (Rev. 3/2020) Attachment B - Compliance with the Public Records Law (Rev. 8/2020) Attachment C - Worker’s Compensation Form (Rev. 3/2020) Attachment D - Taxpayer Identification No. and Certification W-9 Form (Rev. 10-2018) Attachment E - Drug Free Work Place (Rev. 2/13/06) Attachment F - Americans with Disabilities Act Affidavit (Rev. 11/2020) (If applicable) 2. PAST PERFORMANCE: The Bidder shall include qualifications and past performance of the firm/individual(s) who will provide the services. The submission must include: A.Bidder must provide a minimum of five (5) previous and current clients including name, address, phone number, fax numbers, e-mail address, contact person and a brief description of the services/materials/equipment provided. The County intends to conduct reference checks of those clients. These checks will be designed to validate the company’s performance on prior projects/programs, ascertain the difference (if any) between expectations and delivery, and determine overall satisfaction with the company’s services. 3.PRICE BID The Bid Proposal shall be submitted on the forms included herein. Prices not submitted on the attached forms shall render the Bid non-responsive. 15 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Part 4 Price Submittal IFB-604188-21/LNF - TERM CONTRACT FOR TREE TRIMMING, REMOVAL AND STUMP GRINDING Name of Bidder: ____________________________________________________ Mailing Address: ____________________________________________________ Street Address: ____________________________________________________ City/State/Zip: ____________________________________________________ Phone Number: (____) ____________FAX Number: (____) ________________ E-Mail Address: ____________________________________________________ Pursuant to and in compliance with the IFB Documents, the undersigned Bidder agrees to provide and furnish any and all of the labor, material, and tools, equipment, incidentals and transportation services necessary to complete all of the Work required in connection with the required services/commodities all in strict conformity Bid Documents 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 any person, firm or corporation; and he proposes and agrees, if the bid is accepted, that he/she will execute a Term Contract with the COUNTY in the form set forth in the Contract Documents; that he/she will furnish the Insurance Certificates. The cost of the materials/equipment shall include all costs, including but not limited to: General Administrative Overhead, fringe benefits and profit, all documentation required for operation, delivery/transportation of unit(s) to the County’s service delivery address, indirect costs, i.e., insurance, etc., indirect labor costs. GRAND TOTAL AMOUNT OF BID: $__________________________ (Include Groups A, B, C and D) 16 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Part 4 Fee Schedule GROUP A - TREE REMOVAL: Measured according to N.A.A. standards. All tree diameters will be measured at breast height. A-1 ROUTINE / SCHEDULED Item No. Description Estimated Qty. Units Unit Price Total Price 001 4” to 12” diameter 75 EA $ $ 002 >12” to 24” diameter 250 EA $ $ 003 >24” to 36” diameter 35 EA $ $ 004 >36” diameter 25 EA $ $ 005 Palm Tree 10 EA $ $ SUBTOTAL A-1 $_______________ A-2 EMERGENCY 24 HOUR. RESPONSE Item No. Description Estimated Qty. Units Unit Price Total Price 001 4” to 12” diameter 25 EA $ $ 002 >12” to 24” diameter 50 EA $ $ 003 >24” to 36” diameter 20 EA $ $ 004 >36” diameter 5 EA $ $ SUBTOTAL A-2 $ _______________ A-3 UNDER BRUSHING – Measured in SF cut back to County right-of-way or existing shoulder width unless otherwise indicated. Item No. Description Estimated Qty. Units Unit Price Total Price 001 0” to 4” diameter 75,000 SF $ $ SUBTOTAL A-3 $ _______________ Company Name: ________________________________ 17 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding GROUP B - STUMP GRINDING: Measured according to N.A.A. standards. Stumps will be ground to a minimum of 6” below grade unless otherwise indicated. B-1 ROUTINE / SCHEDULED Item No. Description Estimated Qty. Units Unit Price Total Price 001 4” to 12” diameter 75 EA $ $ 002 >12” to 24” diameter 250 EA $ $ 003 >24” to 36” diameter 35 EA $ $ 004 >36” diameter 25 EA $ $ SUBTOTAL B-1 $ _______________ B-2 EMERGENCY 24 HR. RESPONSE Item No. Description Estimated Qty. Units Unit Price Total Price 001 4” to 12” diameter 5 EA $ $ 002 >12” to 24” diameter 10 EA $ $ 003 >24” to 36” diameter 15 EA $ $ 004 >36” diameter 5 EA $ $ SUBTOTAL B-2 $ _______________ Company Name: ________________________________ 18 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding GROUP C - TREE TRIMMING: These prices shall be inclusive of trimming in a systematic method to include all clearance issues as well as any items such as streetlights, signals and street signs. Measured in LF from beginning of canopy to end of canopy for each tree part or portion overhanging travel lane, bike lane or sidewalk. C-1 ROUTINE / SCHEDULED Item No. Description Estimated Qty. Units Unit Price Total Price 001 Clearance Trimming 500,000 LF $ $ 002 Street Lights 200 EA $ $ 003 Palm Tree (includes removal of boots) 100 EA $ $ SUBTOTAL C-1 $ _______________ C-2 EMERGENCY RESPONSE Item No. Description Estimated Qty. Units Unit Price Total Price 001 Clearance Trimming 15,000 LF $ $ SUBTOTAL C-2 $ _______________ This Page is left Blank Intentionally 19 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding C-3 INSULATED TREE CREW - This is to include a Bucket Truck with a minimum 50-foot boom mounted on a truck chassis and a brush chipper with a minimum of 75 hp. Fee Schedule for these crews must include all direct and indirect cost associated with the work. The county will pay a minimum of 3 hours to mobilize and demobilize. Crews must be available for service 24 hours from initial call. AS NEEDED CREWS BY THE HOUR BY THE WEEK BY THE MONTH 1 Bucket Truck 1 Chipper 2 Men $_______________ / Hour $______________ / Week $_____________ / Month 1 Bucket Truck 1 Chipper 3 Men $_______________ / Hour $______________ / Week $_____________ / Month 1 Bucket Truck 1 Chipper Truck 1 Chipper 3 Men $_______________ / Hour $______________ / Week $_____________ / Month 1 Bucket Truck 1 Chipper Truck 1 Chipper 4 Men $_______________ / Hour $______________ / Week $_____________ / Month Per extra Chipper $_______________ / Hour $______________ / Week $_____________ / Month Per extra Bucket Truck $_______________ / Hour $______________ / Week $_____________ / Month Per extra Ground Person $_______________ / Hour $______________ / Week $_____________ / Month SUBTOTAL C-3 $ _______________ Company Name: ________________________________ 20 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding GROUP D - CREW /EQUIPMENT RESPONSE PARTNER: This is to include a Bucket Truck with a minimum 50-foot boom mounted on a truck chassis and a brush chipper with a minimum of 75 hp. Fee Schedule for these crews must include all direct and indirect cost associated with the work. The county will pay a minimum of 3 hours to mobilize and demobilize. Crews must be available for service 24 hours from initial call. ROUTINE / SCHEDULED CREWS BY THE HOUR BY THE WEEK BY THE MONTH 1 Bucket Truck 1 Chipper 2 Men $_______________ / Hour $______________ / Week $_____________ / Month 1 Bucket Truck 1 Chipper 3 Men $_______________ / Hour $______________ / Week $_____________ / Month 1 Bucket Truck 1 Chipper Truck 1 Chipper 3 Men $_______________ / Hour $______________ / Week $_____________ / Month 1 Bucket Truck 1 Chipper Truck 1 Chipper 4 Men $_______________ / Hour $______________ / Week $_____________ / Month Per extra Chipper $_______________ / Hour $______________ / Week $_____________ / Month Per extra Bucket Truck $_______________ / Hour $______________ / Week $_____________ / Month Per extra Ground Person $_______________ / Hour $______________ / Week $_____________ / Month This Page is left Blank Intentionally 21 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Cont. GROUP D - CREW /EQUIPMENT RESPONSE PARTNER This is to include a Bucket Truck with a minimum 50-foot boom mounted on a truck chassis and a brush chipper with a minimum of 75 hp. Fee Schedule for these crews must include all (include daily per-diem, lodging and mileage) direct and indirect cost associated with the work. The county will pay a minimum of 3 hours to mobilize and demobilize. Crews must be available for service 24 hours from initial call. ROUTINE / SCHEDULED CREWS BY THE HOUR BY THE WEEK BY THE MONTH 1 Bucket Truck 1 Chipper 2 Men $_______________ / Hour $______________ / Week $_____________ / Month 1 Bucket Truck 1 Chipper 3 Men $_______________ / Hour $______________ / Week $_____________ / Month 1 Bucket Truck 1 Chipper Truck 1 Chipper 3 Men $_______________ / Hour $______________ / Week $_____________ / Month 1 Bucket Truck 1 Chipper Truck 1 Chipper 4 Men $_______________ / Hour $______________ / Week $_____________ / Month Per extra Chipper $_______________ / Hour $______________ / Week $_____________ / Month Per extra Bucket Truck $_______________ / Hour $______________ / Week $_____________ / Month Per extra Ground Person $_______________ / Hour $______________ / Week $_____________ / Month Company Name: ___________________________ 22 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding ATTACHMENT A CONFLICT OF INTEREST STATEMENT THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL THIS FORM MUST BE SWORN TO AND SIGNED BY MEANS OF PHYSICAL PRESENCE OR ONLINE NOTARIZATION BY A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1.I, (Full Name of Affiant), certify that I am the ___________________________ (Title) of __________________________________ (Full Legal Name of Firm) with a local office in ______________________ (City, State) and principal office located in ________________________________ (City, State). 2.The above-named entity is submitting an Expression of Interest for the Seminole County project described as IFB-604188-21/LNF – Term Contract for Tree Trimming, Removal and Stump Grinding. 3.The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his/her own knowledge. 4.The Affiant states that only one submittal for the above project is being submitted and that the above- named entity has no financial interest in any other entities submitting proposals for the same project. 5.Neither the Affiant nor the above-named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 6.Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 7.Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 8.The Affiant certifies that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or Department of Seminole County. 9.The Affiant certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with Seminole County. 10.The Affiant certifies that no member of the entity’s ownership or management is currently serving as a member of any Seminole County advisory board(s) or committee(s), or alternatively, state that (insert the individual’s name) _______________________, who is a member of the above-named entity’s ownership or management, is currently serving as a member of the following Seminole County advisory board(s) or committee(s): _______________________________________________. 11.In the event that a conflict of interest is identified in the provision of services, the Affiant, on behalf of the above-named entity, will immediately notify Seminole County in writing. Signature of Affiant Date Printed Name of Affiant Title Sworn to (or affirmed) and subscribed before me by means of □ physical presence OR □ online notarization, this day of , 20 , by (Full Name of Affiant). Signature of Notary Public 23 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Print/Type/Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: Revised 3/2020 24 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding ATTACHMENT B COMPLIANCE WITH THE PUBLIC RECORDS LAW Seminole County shall comply with the Public Records Law as provided by Chapter 119, Florida Statutes, and all applicable amendments. Applicants must invoke the exemptions to disclosure provided by law in the response to the solicitation and must identify the data or other materials to be protected by separate envelope, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a response authorizes release of your firm’s credit data to Seminole County. If the company submits information exempt from public disclosure, the company must identify with specificity which pages/paragraphs of their submittal/proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the County in a separate envelope marked “EXEMPT FROM PUBLIC RECORDS LAW”. Failure to identify protected material via a separately marked envelopment will cause the County to release this information in accordance with the Public records Law despite any markings on individual pages of your submittal/proposal. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records, and shall: (1) keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement; (2) provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and (4) Meet all requirements for retaining public records and transfer, at no cost to the COUNTY, all public records in possession of CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to COUNTY in a format that is compatible with the information technology system of COUNTY. (c) Failure to comply with this Section shall be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. By submitting a response to this solicitation, the company agrees to defend the County in the event we are forced to litigate the public records status of the company’s documents. Company Name: _______________________________________________________ ____________ Signature of Affiant Printed Name Project Number: IFB-604188-21/LNF THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL 25 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding ATTACHMENT C WORKERS’ COMPENSATION COMPLIANCE CERTIFICATION Chapter 440, Florida Statutes establishes a workers’ compensation system designed to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful employment at a reasonable cost to the employer. It is the policy of Seminole County to do business only with those entities which are fully compliant with Chapter 440, including all reporting and premium payment requirements. To comply with this requirement, the undersigned hereby certifies that (Full Legal Name of Entity) □ Has fully complied with all requirements of Chapter 440, Florida Statutes, including provisions regarding reporting and premium payments; or □ Is exempt from the provisions of Chapter 440, Florida Statutes, for the following reasons: Signed: Printed Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of □ physical presence, or □ online notarization, this day of , 20 , by , who is personally known to me or who has produced as identification. Signature of Person Taking Acknowledgement Printed, Typed or Stamped Name Title or Rank Serial Number (if any) Rev 3/2020 26 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding ATTACHMENT D W-9 FORM 27 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding COUNTY FINANCE JDE NEW VENDOR REGISTRATION FORM DATE: ____________________ VENDOR NAME: ________________________________________ PHYSICAL ADDRESS: ________________________________________ ________________________________________ MAILING ADDRESS: ________________________________________ ________________________________________ CONTACT PERSON: ________________________________________ PHONE NUMBER: ________________________________________ FAX NUMBER: ________________________________________ TAX ID NUMBER: ________________________________________ COMPANY: Select one of the following:  Consultant  Rental  Commodities Only  Commodities/Services  Non-Profit  Water & Sewer Refund (FOR THE USE OF PURCHASING AND CONTRACTS DIVISION) SUBMITTED BY: _______________________________________ REQUEST FOR DEPARTMENT / DIVISION: ________________________________ (FOR THE USE OF COUNTY FINANCE) VENDOR NUMBER: ___________________ ISSUED BY: ________________________ 28 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Give form to the requester. Do not send to the IRS. Form W-9 Request for Taxpayer Identification Number and Certification(Rev. January 2003) Department of the Treasury Internal Revenue Service Name List account number(s) here (optional) Address (number, street, and apt. or suite no.) City, state, and ZIP codePrint or typeSee Specific Instructions on page 2.Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Social security number –– or Requester’s name and address (optional) Employer identification numberNote: If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter.– Certification 1.The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 2. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Here Signature of U.S. person Date Purpose of Form Form W-9 (Rev. 1-2003) Part I Part II Business name, if different from above Cat. No. 10231X Check appropriate box: Under penalties of perjury, I certify that: U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Foreign person. If you are a foreign person, use the appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). 3.I am a U.S. person (including a U.S. resident alien). A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Individual/ Sole proprietor Corporation Partnership Other Exempt from backup withholding Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. 29 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Form W-9 (Rev. 1-2003)Page 2 Sole proprietor. Enter your individual name as shown on your social security card on the “Name”line. You may enter your business, trade, or “doing business as (DBA)”name on the “Business name”line. Other entities. Enter your business name as shown on required Federal tax documents on the “Name”line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the “Business name”line. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Limited liability company (LLC). If you are a single-member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3, enter the owner’s name on the “Name”line. Enter the LLC’s name on the “Business name”line. Specific Instructions Name Exempt From Backup Withholding Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Misuse of TINs. If the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil and criminal penalties. If you are an individual, you must generally enter the name shown on your social security card. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. Exempt payees. Backup withholding is not required on any payments made to the following payees: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2); 2. The United States or any of its agencies or instrumentalities; 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities; 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities; or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation; 7. A foreign central bank of issue; 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States; If you are exempt, enter your name as described above and check the appropriate box for your status, then check the “Exempt from backup withholding”box in the line following the business name, sign and date the form. 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 3. The IRS tells the requester that you furnished an incorrect TIN, or 2. You do not certify your TIN when required (see the Part II instructions on page 4 for details), or You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. 1. You do not furnish your TIN to the requester, or What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30% of such payments (29% after December 31, 2003; 28% after December 31, 2005). This is called “backup withholding.”Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. Payments you receive will be subject to backup withholding if: If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. Note: You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). Note: If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. 30 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Form W-9 (Rev. 1-2003)Page 3 Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form on-line at www.ssa.gov/online/ss5.html. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can get Forms W-7 and SS-4 from the IRS by calling 1-800-TAX-FORM (1-800-829-3676) or from the IRS Web Site at www.irs.gov. If you are asked to complete Form W-9 but do not have a TIN, write “Applied For”in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-owner LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter your SSN (or EIN, if you have one). If the LLC is a corporation, partnership, etc., enter the entity’s EIN. Note: See the chart on page 4 for further clarification of name and TIN combinations. Note: Writing “Applied For”means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. 9. A futures commission merchant registered with the Commodity Futures Trading Commission; 10. A real estate investment trust; 11. An entity registered at all times during the tax year under the Investment Company Act of 1940; 12. A common trust fund operated by a bank under section 584(a); 13. A financial institution; 14. A middleman known in the investment community as a nominee or custodian; or 15. A trust exempt from tax under section 664 or described in section 4947. THEN the payment is exempt for . . . If the payment is for . . . All exempt recipients except for 9 Interest and dividend payments Exempt recipients 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Broker transactions Exempt recipients 1 through 5Barter exchange transactions and patronage dividends Generally, exempt recipients 1 through 7 2 Payments over $600 required to be reported and direct sales over $5,000 1 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(f), even if the attorney is a corporation) and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees; and payments for services paid by a Federal executive agency. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt recipients listed above, 1 through 15. 31 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Form W-9 (Rev. 1-2003)Page 4 What Name and Number To Give the Requester Give name and SSN of:For this type of account: The individual1.Individual The actual owner of the account or, if combined funds, the first individual on the account 1 2.Two or more individuals (joint account) The minor 23.Custodian account of a minor (Uniform Gift to Minors Act) The grantor-trustee 14.a. The usual revocable savings trust (grantor is also trustee) 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.The actual owner 1b. So-called trust account that is not a legal or valid trust under state law2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. The owner 35.Sole proprietorship or single-owner LLC Give name and EIN of:For this type of account: 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. A valid trust, estate, or pension trust 6. Legal entity 4 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments”include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). The corporationCorporate or LLC electing corporate status on Form 8832 7. The organizationAssociation, club, religious, charitable, educational, or other tax-exempt organization 8. 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA or Archer MSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. The partnershipPartnership or multi-member LLC 9. The broker or nomineeA broker or registered nominee 10. The public entityAccount with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 11. Privacy Act Notice 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN. 3 You must show your individual name, but you may also enter your business or “DBA”name. You may use either your SSN or EIN (if you have one). 4 List first and circle the name of the legal trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Sole proprietorship or single-owner LLC The owner 3 12. Part II. Certification For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt recipients, see Exempt from backup withholding on page 2. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 30% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 3, and 5 below indicate otherwise. Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA or Archer MSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, or to Federal and state agencies to enforce Federal nontax criminal laws and to combat terrorism. Signature requirements. Complete the certification as indicated in 1 through 5 below. 32 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding ATTACHMENT E DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Section 287.087, Florida Statutes, hereby certifies that ___________________________________________does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will propose by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder’s Signature Firm Date Rev. 2/13/06 33 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding ATTACHMENT F AMERICANS WITH DISABILITIES ACT AFFIDAVIT The undersigned CONTRACTOR swears that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding the COUNTY. The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the COUNTY be held liable for the actions or omissions of the CONTRACTOR or any other party or parties to the Agreement for failure to comply with the ADA. The CONTRACTOR agrees to hold harmless and indemnify the COUNTY, its agents, officers, or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the CONTRACTOR’s acts or omissions in connection with the ADA. CONTRACTOR: Signature: Printed Name: Title: Date: Affix Corporate Seal (if applicable) STATE OF __________________________ COUNTY OF Sworn to (or affirmed) and subscribed before me by means of □ physical presence or □ online notarization, this day of ___, 20__, by ______. (Name of person making statement) Signature of Notary Public Print/Type/Stamp Commissioned Name of Notary Public Personally Known OR ____ Produced Identification Type of Identification Produced: Revised 11/09/20 34 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding ATTACHMENT G DRAFT AGREEMENT (All Exhibits will be incorporated prior to contract execution based on the successful Bidder) 35 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 1 of 22 TERM CONTRACT FOR TREE TRIMMING, REMOVAL AND STRUMP GRINDING (IFB-604188-21/LNF) THIS AGREEMENT is dated as of the _____ day of ___________ 20_____, by and between _________________________________________________________________, duly authorized to conduct business in the State of Florida, whose address is ____________________________________________________________________, in this Agreement referred to as “CONTRACTOR”, and SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 E. 1st Street, Sanford, Florida 32771, in this Agreement referred to as “COUNTY”. W I T N E S S E T H: WHEREAS, COUNTY desires to retain the services of a competent and qualified contractor to provide tree trimming, removal and stump grinding services to Seminole County; and WHEREAS, COUNTY has requested and received expressions of interest for the retention of services of contractors; and WHEREAS, CONTRACTOR is competent and qualified to provide materials and services to COUNTY, and desires to provide materials and services according to the terms and conditions stated in this Agreement, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth in this Agreement, COUNTY and CONTRACTOR agree as follows: Section 1. Materials and Services. COUNTY hereby retains CONTRACTOR to provide materials and services as further described in the Scope of Services attached as Exhibit A and made a part of this Agreement. CONTRACTOR is also bound by all requirements as contained in the 36 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 2 of 22 solicitation package, all addenda to this package, and CONTRACTOR’s submission in response to this solicitation. Required materials and services will be specifically enumerated, described, and depicted in the Release Orders authorizing purchase of specific materials and services. This Agreement standing alone does not authorize the purchase of materials and services or require COUNTY to place any orders for work. Section 2. Term. This Agreement takes effect on the date of its execution by COUNTY and continues for a period of three (3) years. At the sole option of COUNTY, this Agreement may be renewed for two (2) successive periods not to exceed one (1) year each. Expiration of the term of this Agreement will have no effect upon Release Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered by both parties under such Release Orders will remain in effect until delivery and acceptance of the materials authorized by the respective Release Order. The first three (3) months of the initial term are considered probationary. During the probationary period, COUNTY may immediately terminate this Agreement at any time, with or without cause, upon written notice to CONTRACTOR. Section 3. Authorization for Materials and Services. Authorization for provision of materials and services by CONTRACTOR under this Agreement must be in the form of written Release Orders issued and executed by COUNTY. A sample Release Order is attached as Exhibit B. Each Release Order will describe the materials and services required, state the dates for delivery of materials and services, and establish the amount and method of payment. The Release Orders must be issued under and incorporate the terms of this Agreement. COUNTY makes no covenant or promise as to the number of available Release Orders or that CONTRACTOR will perform any Release Order for COUNTY during the life of this Agreement. COUNTY reserves the right to 37 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 3 of 22 contract with other parties for the services contemplated by this Agreement when it is determined by COUNTY to be in the best interest of COUNTY to do so. Section 4. Time for Completion. The materials and services to be provided by CONTRACTOR will be delivered, as specified in such Release Orders as may be issued under this Agreement, within the time specified in the Release Order. Section 5. Compensation. COUNTY shall compensate CONTRACTOR for the materials and services provided for under this Agreement on a Fixed Fee basis at the rates as outlined in the Contract Pricing, attached to this Agreement as Exhibit C. When a Release Order is issued on a Fixed Fee basis, then the applicable Release Order Fixed Fee amount will include any and all reimbursable expenses and will be based on the unit pricing attached to this Agreement, or as reduced in the quoting process leading to specific Release Orders. Section 6. Payment and Billing. (a) CONTRACTOR shall supply all materials and services required by the Release Order, but in no event will CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each Release Order. (b) For Release Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the amount due based on the percentage of total Release Order materials and services actually provided, but in no event may the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (c) COUNTY shall make payments to CONTRACTOR when requested as materials and services are provided, but not more than once monthly. Each Release Order must be invoiced separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice, properly dated, describing any materials and services provided, the cost of the 38 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 4 of 22 materials and services provided, the name and address of CONTRACTOR, Release Order Number, Contract Number, and any other information required by this Agreement. (d) The original invoice must be sent to: Director of County Comptroller’s Office Seminole County Board of County Commissioners Post Office Box 8080 Sanford, FL 32772 A copy of the invoice must be sent to: Seminole County Roads-Stormwater Division 200 W. County Home Road Sanford, FL 32773 (e) Upon review and approval of CONTRACTOR ’s invoice, COUNTY shall pay CONTRACTOR the approved amount in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes. Section 7. General Terms of Payment and Billing. (a) Upon satisfactory delivery of materials and services required under this Agreement and upon acceptance of the materials and services by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of compensation provided for under the terms of this Agreement less any amount already paid by COUNTY. Upon review and approval of CONTRACTOR’s invoice, COUNTY will, in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes, pay CONTRACTOR the approved amount. (b) COUNTY may perform or have performed an audit of the records of CONTRACTOR at any time during the term of this Agreement and after final payment to support final payment under this Agreement. Audits may be performed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined subsequent to an audit as provided for in this Section and the total compensation so determined 39 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 5 of 22 will be used to calculate final payment to CONTRACTOR. Performance of this audit will not delay final payment as provided by subsection (a) of this Section. (c) CONTRACTOR shall maintain all books, documents, papers, accounting records, and other evidence pertaining to materials and services provided under this Agreement in such a manner as will readily conform to the terms of this Agreement. CONTRACTOR shall make such materials available at CONTRACTOR ’s office at all reasonable times during the term of this Agreement and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsection (b) of this Section. (d) In the event any audit or inspection conducted after final payment but within the period provided in paragraph (c) of this Section reveals any overpayment by COUNTY under the terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30) days of notice by COUNTY. Section 8. No Waiver by Forbearance. COUNTY’s review of, approval and acceptance of, or payment for the materials or services required under this Agreement does not operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. CONTRACTOR is and will always remain liable to COUNTY in accordance with applicable law for any and all damages to COUNTY caused by CONTRACTOR’s negligent or wrongful provision of any of the materials or services provided under this Agreement. Section 9. Termination. (a) COUNTY may, by written notice to CONTRACTOR, terminate this Agreement or any Release Order issued under this Agreement, in whole or in part, at any time, either for COUNTY’s convenience or because of the failure of CONTRACTOR to fulfill its obligations under this Agreement. Upon receipt of such notice, CONTRACTOR shall immediately 40 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 6 of 22 discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports, estimates, summaries, and any and all such other information and materials of whatever type or nature as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of COUNTY, CONTRACTOR will 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 obligations under this Agreement, COUNTY may take over the work and carry it to completion by other agreements or otherwise. In such case, CONTRACTOR will be liable to COUNTY for all reasonable additional costs associated with CONTRACTOR’s failure to fulfill its obligations under this Agreement. (d) CONTRACTOR will not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of CONTRACTOR, but CONTRACTOR will be responsible and liable for the actions by its subcontractors, agents, employees, persons, and entities of a similar type or nature. Matters beyond the fault or negligence of CONTRACTOR include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without any fault or negligence of CONTRACTOR. (e) If after notice of termination for CONTRACTOR’s failure to fulfill its obligations under this Agreement it is determined that CONTRACTOR had not so failed, the termination will be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price will be made as provided in subsection (b) of this Sectio n. 41 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 7 of 22 (f) The rights and remedies of COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. Section 10. Agreement and Release Order in Conflict. Wherever the terms of this Agreement conflict with any Release Order issued pursuant to it, this Agreement will prevail. Section 11. Equal Opportunity Employment. CONTRACTOR shall not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin. CONTRACTOR shall take steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. This provision includes, but is not limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Section 12. No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, COUNTY will have the right to terminate the Agreement at its sole discretion without liability and to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 42 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 8 of 22 Section 13. Conflict of Interest. (a) CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY or violate or cause others to violate the provisions of Chapter 112, Part III, Florida Statutes, relating to ethics in government. (b) CONTRACTOR hereby certifies that no officer, agent, or employee of COUNTY has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5%), either directly or indirectly, in the business of CONTRACTOR to be conducted under this Agreement and that no such person will have any such interest at any time during the term of this Agreement. Section 14. Assignment. Neither this Agreement nor any interest in it may be assigned, transferred, or otherwise encumbered under any circumstances by either party without prior written consent of the other party and in such cases only by a document of equal dignity with this Agreement. Section 15. Subcontractors. CONTRACTOR shall first secure the prior written approval of COUNTY before engaging or contracting for the services of any subcontractors under this Agreement. CONTRACTOR will remain fully responsible to COUNTY for the services of any subcontractors under this Agreement. Section 16. Indemnification of COUNTY. To the fullest extent permitted by law, CONTRACTOR shall hold harmless, release, and indemnify COUNTY, its commissioners, officers, employees, and agents from any and all claims, losses, damages, costs, attorney fees, and lawsuits for damages arising from, allegedly arising from, or related to CONTRACTOR’s provision of materials or services under this Agreement caused by CONTRACTOR’s act or omission in the performance of this Agreement. 43 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 9 of 22 Section 17. Insurance. (a) General. CONTRACTOR shall procure and maintain insurance required under this Section at CONTRACTOR’s own cost. (1) CONTRACTOR shall provide COUNTY with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liability, Workers ’ Compensation/Employer’s Liability, Commercial General Liability, and Business Auto). The Certificate must have the Agreement number for this Agreement clearly marked on its face. COUNTY, its officials, officers, and employees must be named additional insureds under the Commercial General Liability, Umbrella Liability and Business Auto policies. If the policy provides for a blanket additional insured coverage, CONTRACTOR shall provide a copy of the section of the policy along with the Certificate of Insurance. If the coverage does not exist, the policy must be endorsed to include the named additional insureds as described in this subsection. The Certificate of Insurance must provide that COUNTY will be provided, by policy endorsement, not less than thirty (30) days written notice prior to the cancellation or non-renewal, or by a method acceptable to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate of Insurance has been provided. (2) In addition to providing the Certificate of Insurance on a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall provide COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section 44 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 10 of 22 within thirty (30) days after receipt of the request. Certified copies of policies may only be provided by the insurer, not the agent or broker. (3) Neither approval by COUNTY nor failure to disapprove the insurance provided by CONTRACTOR will relieve CONTRACTOR of its full responsibility for performance of any obligation, including its indemnification of COUNTY, under this Agreement. (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: (1) Companies issuing policies must be authorized to conduct business in the State of Florida and prove such authorization by maintaining Certificates of Authority or Letters of Eligibility issued to the companies by the Florida Office of Insurance Regulation. Alternatively, policies required by this Agreement for Workers’ Compensation/Employer ’s Liability, may be those authorized as a group self-insurer by Section 624.4621, Florida Statutes. (2) In addition, such companies must have and maintain, at a minimum, a Best ’s Rating of “A-” and a minimum Financial Size Category of “VII” according to A.M. Best Company. (3) If, during the period that an insurance company is providing the insurance coverage required by this Agreement, an insurance company (i) loses its Certificate of Authority, or (ii) fails to maintain the requisite Best ’s Rating and Financial Size Category, the CONTRACTOR shall immediately notify COUNTY as soon as CONTRACTOR has knowledge of any such circumstance and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR will be deemed to be in default of this Agreement. 45 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 11 of 22 (c) Specifications. Without limiting any of the other obligations or liability of CONTRACTOR, CONTRACTOR shall procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection, at CONTRACTOR’s sole expense. Except as otherwise specified in this Agreement, the insurance will become effective upon execution of this Agreement by CONTRACTOR and must be maintained in force until the expiration of this Agreement ’s term or the expiration of all Orders issued under this Agreement, whichever comes last. Failure by CONTRACTOR to maintain this required insurance coverage within the stated period will constitute a material breach of this Agreement, for which COUNTY may immediately terminate this Agreement. The amounts and types of insurance must conform to the following minimum requirements: (1) Workers’ Compensation/Employer ’s Liability. (A) CONTRACTOR’s insurance must cover it for liability that would be covered by the latest edition of the standard Workers’ Compensation policy as filed for use in Florida by the National Council on Compensation Insurance without restrictive endorsements. CONTRACTOR is also responsible for procuring proper proof of coverage from its subcontractors of every tier for liability that is a result of a Workers’ Compensation injury to the subcontractor’s employees. The minimum required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida Workers’ Compensation Act, where appropriate, coverage must be included for the United States Longshoremen and Harbor Worker’s Compensation Act, Federal Employee’s Liability Act, and any other applicable Federal or State law. (B) Subject to the restrictions of coverage found in the standard Workers’ Compensation policy, there will be no maximum limit on the amount of coverage for 46 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 12 of 22 liability imposed by the Florida Workers’ Compensation Act, the United States Longshoremen’s and Harbor Worker’s Compensation Act, or any other coverage customarily insured under Part One of the standard Workers’ Compensation policy. (C) The minimum amount of coverage under Part Two of the standard Workers’ Compensation policy is required to be the following: $500,000.00 (Each Accident) $500,000.00 (Disease-Policy Limit) $500,000.00 (Disease-Each Employee) (2) Commercial General Liability. (A) CONTRACTOR’s insurance must cover it for those sources of liability that would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must not contain any endorsements excluding or limiting Products/Completed Operations, Contractual Liability, or Separation of Insureds. (B) CONTRACTOR shall maintain these minimum insurance limits: General Aggregate Two Times (2x) the Each Occurrence Limit Personal & Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 Pollution Liability $1,000,000.00 (3) Professional Liability Insurance. CONTRACTOR shall carry Professional Liability Insurance with limits of not less than One Million and No/100 Dollars ($1,000,000.00). (4) Business Auto Policy. (A) CONTRACTOR’s insurance must cover CONTRACTOR for those sources of liability which would be covered by Section II of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the 47 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 13 of 22 Insurance Services Office. Coverage must include owned, non-owned, and hired autos or any auto used by CONTRACTOR. In the event CONTRACTOR does not own automobiles, CONTRACTOR shall maintain coverage for hired and non-owned auto liability for autos used by CONTRACTOR, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. If the contract involves operations governed by Sections 29 or 30 of the Motor Carrier Act of 1980, endorsement MCS-90 is required. (B) The minimum limits to be maintained by CONTRACTOR must be per-accident combined single limit for bodily injury liability and property damage liability. (C) The minimum amount of coverage under the Business Auto Policy is required to be the following: Combined Single Limit $1,000,000.00 (d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement must apply on a primary and non-contributory basis, and any other insurance or self-insurance maintained by COUNTY or COUNTY’s officials, officers, or employees must be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR. (e) Occurrence Basis. The Workers’ Compensation policy, the Commercial General Liability, and the Umbrella policy required by this Agreement must be provided on an occurrence rather than a claims-made basis. The Professional Liability insurance policy may be on an occurrence basis or claims-made basis. If a claims-made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. 48 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 14 of 22 (f) Obligations. Compliance with the foregoing insurance requirements will not relieve CONTRACTOR, its employees, or its agents of liability from any obligation under this Section or any other Section of this Agreement. Section 18. Dispute Resolution. (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties shall exhaust COUNTY administrative dispute resolution procedures prior to filing a lawsuit or otherwise pursuing legal remedies. COUNTY administrative dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, “Prompt Payment Procedures,” Seminole County Administrative Code. COUNTY administrative dispute resolution procedures for contract claims related to this Agreement, other than for proper invoice and payment disputes, are set forth in Section 3.5541, “Contract Claims,” Seminole County Administrative Code. (b) In any lawsuit or legal proceeding arising under this Agreement, CONTRACTOR hereby waives any claim or defense based on facts or evidentiary materials that were not presented for consideration in COUNTY administrative dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY administrative dispute resolution procedures. (c) In the event that COUNTY administrative dispute resolution procedures are exhausted and a lawsuit or legal proceeding is filed, the parties shall exercise best efforts to resolve disputes through voluntary mediation and to select a mutually acceptable mediator. The parties participating in the voluntary mediation shall share the costs of mediation equally. 49 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 15 of 22 Section 19. Representatives of COUNTY and CONTRACTOR. (a) It is recognized that questions in the day to day conduct of performance pursuant to this Agreement may arise. Upon request by CONTRACTOR, COUNTY shall designate and advise CONTRACTOR in writing of one or more of its employees to whom to address all communications pertaining to the day to day conduct of this Agreement. The designated representative will have the authority to transmit instructions, receive information, and interpret and define COUNTY’s policy and decisions pertinent to the work covered by this Agreement. (b) At all times during the normal work week, CONTRACTOR shall designate or appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement, and who will keep COUNTY continually and effectively advised of such designation. Section 20. All Prior Agreements Superseded. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement may be predicated upon any prior representations or agreements, whether oral or written. Section 21. Modifications, Amendments, or Alterations. No modification, amendment, or alteration in the terms or conditions contained in this Agreement will be effective unless contained in a written amendment executed with the same formality and of equal dignity with this Agreement. 50 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 16 of 22 Section 22. Independent Contractor. Nothing in this Agreement is intended or may be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting CONTRACTOR (including its officers, employees, and agents) as an agent, representative, or employee of COUNTY for any purpose or in any manner whatsoever. CONTRACTOR is and will remain forever an independent contractor with respect to all services performed under this Agreement. Section 23. Employee Status. Persons employed by CONTRACTOR in the performance of services and functions pursuant to this Agreement have no claim to pension, workers ’ compensation, unemployment compensation, civil service, or other employee rights or privileges granted to COUNTY’s officers and employees, either by operation of law or by COUNTY. Section 24. Services Not Provided For. No claim for services provided by CONTRACTOR not specifically provided for in this Agreement will be honored by COUNTY. Section 25. Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. 51 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 17 of 22 (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement, (2) CONTRACTOR shall provide COUNTY with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice 52 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 18 of 22 to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR ’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 407-665-7116, PURCH@SEMINOLECOUNTYFL.GOV, PURCHASING AND CONTRACTS DIVISION, 1301 E. SECOND STREET, SANFORD, FL 32771. Section 26. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement . The sole jurisdiction and venue for any legal action in connection with this Agreement will be in the courts of Seminole County, Florida. Section 27. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services, including those now in effect and subsequently adopted. Any violation of these statutes, ordinances, rules, or regulations will constitute a material breach of this Agreement and will entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. Section 28. Patents and Royalties. Unless otherwise provided, CONTRACTOR is solely responsible for obtaining the right to use any patented or copyrighted materials in the performance 53 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 19 of 22 of this Agreement. CONTRACTOR, without exception, shall indemnify and save harmless COUNTY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY of copyright or patent infringement, COUNTY shall promptly provide written notification to CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly purchase for COUNTY the legitimate version of any infringing products or services or procure a license from the patent or copyright holder at no cost to COUNTY that will allow continued use of the service or product. If none of these alternatives are reasonably available, COUNTY shall return the article on request to CONTRACTOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 29. Notices. Whenever either party desires to give notice to the other, it must be given by written notice, sent by registered or certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice will remain such until it has been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice: For COUNTY: Seminole County Roads/Stormwater Division 200 W. County Home Road Sanford, FL 32773 For CONTRACTOR: ________________________________________ ________________________________________ ________________________________________ 54 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 20 of 22 Section 30. Rights At Law Retained. The rights and remedies of COUNTY provided for under this Agreement are in addition and supplemental to any other rights and remedies provided by law. Section 31. Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret or construe any provision of this Agreement. Section 32. E-Verify System Registration. (a) CONTRACTOR must register with and use the E-Verify system to verify the work authorization status of all new employees prior to entering into this Agreement with COUNTY. If COUNTY provides written approval to CONTRACTOR for engaging with or contracting for the services of any subcontractors under this Agreement, CONTRACTOR must require certification from the subcontractor that at the time of certification, the subcontractor does not employ, contract, or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the foregoing certification from the subcontractor for the duration of the agreement with the subcontractor. (b) If COUNTY has a good faith belief that CONTRACTOR has knowingly violated this Section, COUNTY shall terminate this Agreement. If COUNTY terminates this Agreement with CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one (1) year after the date on which this Agreement is terminated. If COUNTY has a good faith belie f that a subcontractor knowingly violated this Section, but CONTRACTOR otherwise complied with this Section, COUNTY must promptly notify CONTRACTOR and order CONTRACTOR to immediately terminate its agreement with the subcontractor. (c) CONTRACTOR shall execute and return the Affidavit of E-Verify Requirements Compliance, attached to this Agreement as Exhibit D, to COUNTY. 55 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 21 of 22 Section 33. Addendum. COUNTY and CONTRACTOR shall comply with the terms of Addendum A, Federal Emergency Management Agency (FEMA) Additional Terms for Seminole County Contracts, which is attached to and incorporated in this Agreement. Addendum A controls over any contrary provision elsewhere in this Agreement, but only applies to work performed or services provided by CONTRACTOR as a result of a disaster. IN WITNESS WHEREOF, the parties have made and executed this Agreement for the purposes stated above. ATTEST: ____________________________ By: , Secretary , President (CORPORATE SEAL) Date: [The balance of this page is left intentionally blank.] 56 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding NOT FOR EXECUTION ___________________________________________________________________ Term Contract for Tree Trimming, Removal and Stump Grinding (IFB-604188-21/LNF) Page 22 of 22 SEMINOLE COUNTY, FLORIDA By: Witness MARKLY JEAN-CHARLES , Purchasing and Contracts Manager Print Name Date: Witness Print Name For the use and reliance of As authorized for execution by the Board of Seminole County only. County Commissioners at its _____________, 20___, regular meeting. Approved as to form and legal sufficiency. _________________________ County Attorney BP/lpk 8/27/21 T:\Users\Legal Secretary CSB\Purchasing 2021\IFB-604188.docx Attachments: Exhibit A - Scope of Services Exhibit B - Sample Release Order Exhibit C - Contract Pricing Exhibit D - Affidavit of E-Verify Requirements Compliance Addendum A - Federal Emergency Management Agency (FEMA) Additional Terms for Seminole County Contracts 57 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 58 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Purchase Order Terms and Conditions 1.Acceptance/Entire Agreement. This Purchase Order (“PO”) is entered into between Seminole County, Florida (“County”) and the Supplier referenced herein (individually, referred to as “Party,” and collectively, “Parties”). By accepting this PO, Supplier accepts all Terms and Conditions contained herein. This PO, including specifications and drawings, if any, and referenced documents, such as solicitations and responses constitutes the entire agreement between the Parties. Whenever terms and conditions of Main Agreement, if any, conflict with any PO issued pursuant to Main Agreement, Main Agreement will control. 2.Failure to Accept Purchase Order. Supplier’s failure to accept PO may be cause for cancellation of award. Suppliers who default are subject to suspension, debarment or both. 3.Inspection. Notwithstanding any prior payment or inspection, all goods/services are subject to inspection/rejection by County at any time, including during manufacture, construction or preparation. To the extent a PO requires a series of performances by Supplier, County reserves right to cancel remainder of PO if goods/services provided during the term of PO are non-conforming or otherwise rejected. Without limiting any rights County may have, County, at its sole option, may require Supplier, at Supplier’s expense to: (a) promptly repair or replace any or all rejected goods, or to cure or re- perform any or all rejected services; or (b) refund price of any or all rejected goods or services. All rejected goods will be held for Supplier’s prompt inspection at Supplier’s risk. Nothing contained in PO will relieve Supplier’s obligation of testing, inspection and quality control. 4.Packing & Shipping. Unless otherwise specified, all goods must be packed, packaged, marked and prepared for shipment in a manner that is: (a) in accordance with good commercial practice; (b) acceptable to common carriers for shipment at the lowest rate for the particular good; (c) in accordance with local, state, and federal regulations; and (d) protected against weather. Supplier must mark all containers with necessary lifting, handling, shipping information, PO number, date of shipment and the name of the consignee and consignor. An itemized packing sheet must accompany each shipment. 5.Delivery; Risk of Loss. All goods are FOB destination, and risk of loss will remain with Supplier until delivery by Supplier and acceptance by County. Goods delivered by Supplier that are damaged, defective, or otherwise fail to conform to PO may be rejected by County or held by County at Supplier’s risk and expense. County may charge Supplier for cost(s) to inspect, unpack, repack, store and re-ship rejected goods. 6.Delivery of Excess Quantities. If Supplier delivers excess quantities of goods without prior written authorization from County, excess quantities of goods may be returned to Supplier at Supplier’s expense. 7.Time is of the Essence. Time is of the essence for delivery of goods /services under PO. Failure to meet delivery schedules or deliver within a reasonable time, as determined by County, entitles County to seek all remedies available at law or in equity. County reserves right to cancel any PO and procure goods/services elsewhere if delivery is not timely. Supplier agrees to reimburse County for all costs incurred in enforcing its rights. Failure of County to cancel PO, acceptance, or payment will not be deemed a waiver of County’s right to cancel remainder of PO. Delivery date or time in PO may be extended if Supplier provides a written request in advance of originally scheduled delivery date and time and County agrees to delayed delivery in writing prior to originally scheduled delivery date and time. 8.Warranties. Supplier warrants to County that all goods/services covered by PO conform strictly to specifications, drawings or samples specified or furnished by County, and are free from: (a) defects in title; and (b) latent or patent defects in material or workmanship. If no quality is specified by County, Supplier warrants to County that goods/services are of the best grade of their respective kinds, meet or exceed applicable standards for industry represented, are merchantable (as to goods) and are fit for County’s particular purpose. Supplier warrants that at the time County accepts the goods/services, the goods/services will have been produced, sold, delivered and furnished in strict compliance with all applicable federal and state laws, regulations, ordinances, rules, labor agreements and working conditions to which goods/services are subject. Supplier warrants the title to goods furnished under PO is valid, transfer of such title to County is rightful and goods are free of any claims or liens of any nature whatsoever, whether rightful or otherwise, of any person, corporation, partnership or association. All applicable manufacturers’ warranties must be furnished to County at time of delivery of goods or completion of service. All warranties are cumulative and are in addition to any other express or implied warranties provided by law. 9.Indemnification. To the fullest extent permitted by law, Supplier assumes any and all liability for damages, breach of PO, loss or injury of any kind or nature whatsoever to persons or property caused by, resulting from or related to the goods/services provided under PO. To the fullest extent permitted by law, Supplier shall indemnify and hold harmless County, its commissioners, officers, employees and agents from and against any and all claims, damages, demands, lawsuits, losses, costs and expenses, including attorneys’ fees, patent, copyright or trademark infringement, judgments, decrees of whatsoever nature which County may incur as a result of claims, demands, lawsuits or causes of action of any kind or nature arising from, caused by or related to goods/services furnished by Supplier, its officers, employees, agents, partners, principals or subcontractors. Remedies afforded to County by this section are cumulative with and in no way affect any other legal remedy County may have under PO or at law. Supplier’s obligations under PO must not be limited by any insurance coverage or by any provision in or exclusion or omission from any policy of insurance. 10.Insurance. Supplier, at its sole expense, shall maintain insurance coverage acceptable to County. All policies must name County as an additional insured. All Insurance Certificates must be provided to the Purchasing and Contracts Division within ten (10) days of request. Supplier shall notify County, in writing, of any cancellation, material change, or alteration to Supplier’s Certificate of Insurance. 11.Modifications. PO may be modified or rescinded in writing by County. 12.Material Safety Data Sheets. At time of delivery, Supplier agrees to provide County with a current Material Safety Data Sheet for any hazardous chemicals or toxic substances, as required by law. 13.Price Protection. Supplier warrants that prices set forth in PO are equal to lowest net price and terms and conditions of sale are as favorable as prices, terms and conditions afforded by Supplier to any other customer for goods/services of comparable grade or quality. Supplier agrees that any price reductions made in goods/services under PO, subsequent to its acceptance, but prior to its payment, will be applicable to PO. 14.Payment Terms. Supplier agrees the cash discount period to County will be from the date of invoice and not from receipt of goods/services. 15.Invoicing & Payment. After delivery of goods/services by Supplier and acceptance by County, Supplier shall submit a properly certified invoice to: Seminole County Clerk of Court and Comptroller, P.O. Box 8080, Sanford, Florida 32772. Invoices must be billed at pricing stipulated on PO and must include County’s Order Number. Thereafter, all payments and interest on any late payments will be paid in compliance with Florida Prompt Payment Act, §218.70, Florida Statutes. 16.Taxes. County is exempt from Florida sales tax, federal taxes on transportation charges and any federal excise tax. County will not reimburse Supplier for taxes paid. 17.Termination. County may terminate PO, in whole or in part, at any time, either for County’s convenience or because of Supplier’s failure to fulfill its obligations under PO, by written notice to Supplier. Upon receipt of written notice, Supplier must discontinue all deliveries affected unless written notice directs otherwise. In the event of termination, County will be liable only for materials procured, work completed or services rendered or supplies partially fabricated, within the authorization of PO. In no event will County be liable for incidental or consequential damages by reason of such termination. 18.Equal Opportunity Employer. County is an Equal Employment Opportunity (“EEO”) employer, and as such, requires all Suppliers to comply with EEO regulations with regards to race, color, religion, sex, national origin, age, disability or genetic information, as may be applicable to Supplier. Any subcontracts entered into, as authorized by County, must make reference to this clause with the same degree of application being encouraged. 19.Assignment. Supplier may not assign, transfer, or subcontract PO or any right or obligation under it without County’s written consent. Any purported assignment, transfer, or subcontract will be null and void. 20.Venue & Applicable Law. The laws of the State of Florida govern validity, enforcement, and interpretation of PO. The sole jurisdiction and venue for any legal action in connection with PO will be in the courts of Seminole County, Florida. 21.Fiscal Non-Funding. In the event sufficient budgeted funds are not available for payment to Supplier for a new fiscal period, County shall notify Supplier of such occurrence and PO will terminate on the last day of the current fiscal period without penalty or expense to County. 22.Public Records. Supplier acknowledges that PO and any related financial records, audits, reports, plans, correspondence and other documents may be subject to disclosure to members of the public pursuant to Chapter 119, Florida Statutes. Supplier shall maintain all public records and, upon request, provide a copy of requested records or allow records to be inspected within a reasonable time. Supplier shall also ensure that any public records that are exempt or confidential from disclosure are not disclosed except as authorized by law. In event Supplier fails to abide by provisions of Chapter 119, Florida Statutes, County may, without prejudice to any other right or remedy and after giving Supplier seven (7) days written notice, during which period Supplier still fails to allow access to such documents, terminate PO. IF SUPPLIER HAS QUESTIONS REGARDING APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUPPLIER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO PO, CONTACT CUSTODIAN OF PUBLIC RECORDS AT: 407-665-7116, PURCH@SEMINOLECOUNTYFL.GOV, PURCHASING AND CONTRACTS DIVISION, 1301 E. SECOND STREET, SANFORD, FL 32771. 23.Right to Audit Records. County will be entitled to audit the books and records of Supplier to the extent that the books and records relate to this PO. Supplier must maintain books and records relating to this PO for a period of three (3) years from the date of final payment under the PO, unless the County authorizes otherwise in writing. 24.Severability. If any section, sentence, clause, phrase or portion of PO are, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed separate, distinct, and independent and such holding will not affect validity of remaining portion of PO. 25.Headings & Captions. All headings and captions contained in PO are provided for convenience only, do not constitute a part of PO, and may not be used to define, describe, interpret or construe any provision of PO. 59 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Agreement Name: Agreement Number: AFFIDAVIT OF E-VERIFY REQUIREMENTS COMPLIANCE The CONSULTANT/CONTRACTOR agrees to comply with section 448.095, Florida Statutes, and to incorporate in all subcontracts the obligation to comply with section 448.095, Florida Statutes. 1. The CONSULTANT/CONTRACTOR shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the CONSULTANT during the term of the Agreement and shall expressly require any subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Agreement term. 2. That the CONSULTANT/CONTRACTOR understands and agrees that its failure to comply with the verification requirements of Section 448.095, Florida Statutes or its failure to ensure that all employees and subcontractors performing work under Agreement Number are legally authorized to work in the United States and the State of Florida, constitutes a breach of this Agreement for which Seminole County may immediately terminate the Agreement without notice and without penalty. The CONSULTANT/CONTRACTOR further understands and agrees that in the event of such termination, the CONSULTANT/CONTRACTOR shall be liable to the county for any costs incurred by the County as a result of the CONSULTANT’S/CONTRACTOR’S breach. DATED this day of , 20 . Consultant Name By: Print/Type Name: Title: STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me by means of □ physical presence OR □ online notarization, this ____ day of , 20 , by (Full Name of Affiant). Print/Type Name Notary Public in and for the County and State Aforementioned My commission expires: E-Verify Affidavit Revised 5/19/2021 EXHIBIT "D"60 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 61 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 62 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 63 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 64 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 65 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 66 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 67 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 68 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 69 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 70 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding 71 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding TABLE OF CONTENTS GENERAL CONDITIONS Sections 1. Definitions/Interpretations 2. Preliminary Matters 3. Contractor's Responsibilities 4. Work by Others 5. Project Manager’s Status during Construction 6. Delays and Extension of Time 7. Schedules 8. Warranty or Guarantee, Tests and Inspections, Connections, Removal or Acceptance of Defective Work 9. Suspension of Work and Termination 10. Miscellaneous GENERAL CONDITIONS SECTION 1 - DEFINITIONS/INTERPRETATIONS Definitions. Whenever used in the Contract Documents, the following terms shall have the meanings indicated, which shall be applicable to both the singular and plural thereof. Addenda - Written or graphic instruments issued prior to the date for opening Bids which modify or interpret the Bidding Documents by additions, deletions, corrections or clarifications. Acceptance; Final Acceptance - The formal action by COUNTY accepting the Work as being complete after certification by County’s Representative of Final Completion. Agreement - The written Agreement between COUNTY and CONTRACTOR covering the Work to be performed; other Contract Documents are incorporated in or referenced in the Agreement and made a part thereof as provided therein. Building Elements - An architectural, structural, electrical, mechanical or plumbing component of a building, facility, space, or site. 72 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Change Order - A written instrument issued on or after the Effective Date of the Agreement, of which when duly executed by COUNTY and CONTRACTOR amends the Contract Documents to provide for changes in the Work or in the provisions of the Contract Documents, or changes in Contract Price or Contract Time, or any combination thereof. Contract Claim - Any dispute arising out of or related to the Contract Documents between the COUNTY and CONTRACTOR including, but not limited to, any demand or assertion by one of the parties seeking any equitable adjustment of the Contract Price, Contract Time or other relief with respect to the Contract Documents. Contract Documents - The Agreement and those documents referenced in the Agreement. Contract Price - The total compensation, subject to authorized adjustments, payable by COUNTY to CONTRACTOR for satisfactory completion of all Work under the Contract Documents as stated in the Agreement. Contract Time - The period of time allotted in the Contract Documents, subject to authorized adjustments, for Substantial Completion and Final Completion of the Work, or other interim completion dates identified in the Contract Documents. CONTRACTOR - The individual, partnership, corporation, joint venture, or other legal entity or combination thereof, who is currently and actively licensed by the State of Florida and who has entered into the Agreement with COUNTY for the performance of the Work. The term "CONTRACTOR" means CONTRACTOR or its authorized representative. COUNTY - Seminole County, a political subdivision of the State of Florida; the Owner. Date of Commencement of the Contract Time - The Begin Date given by the Purchase Order when the Contract Time commences to run. Day - A calendar day of 24 hours lasting from midnight one day to midnight the next day. Defect or Defective - A reference to Work that is unsatisfactory, faulty or deficient, or does not conform to the contract plans or specifications or does not meet the requirements of any inspection, code, reference standard, test or approval referred to in the Contract Documents or has been damaged prior to Final Acceptance (unless responsibility for the protection thereof has been assumed by COUNTY). Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the last of the two parties to sign. Equipment - The Machinery and Equipment, together with the necessary supplies for upkeep and maintenance thereof; also, the tools and all other apparatus necessary, for the construction and acceptable completion of the Work. Holidays - Days designated by Seminole County as legal holidays. These days are: New Year's Day - January 1st 73 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Martin Luther King's Birthday - Third Monday in January Memorial Day - Last Monday in May Independence Day - July 4th Labor Day - First Monday in September Veteran's Day - As Designated Thanksgiving Day - Fourth Thursday in November Day after Thanksgiving Day - Fourth Friday in November Christmas Day December 25th Laws and Regulations; Laws or Regulations - Laws, Rules, Codes, Regulations, Ordinances, and/or court or administrative orders of the federal, state and local governments. Materials - Any substances to be incorporated in the Work under the Contract Documents. Permits - An authoritative or official certificate of permission. Progress Schedule - All documentation related to the planning, scheduling and implementation of the Work as described in the Contract Documents. Project - The total construction of which the Work to be provided under the Contract Documents is a part as indicated elsewhere in the Contract Documents. Project Manager - The authorized representative of the County who is assigned to the Project. The County’s representative acting directly or through duly authorized representatives. Subcontractor - An individual, partnership, corporation, joint venture, or other combination thereof having a Sub-agreement with CONTRACTOR for (a) the performance of labor in connection with part of the Work at the site; or (b) for both performing labor in connection with part of the Work at the site and furnishing items of Materials or Equipment for incorporation into the Work. Subcontractor also means an individual, partnership, corporation, joint venture, or other combination thereof that has a Sub-agreement with another Subcontractor to perform any of the Work at the site. Supplier - A manufacturer, fabricator, Supplier, distributor, material-man or vendor. Total Bid - Amount stated in the Bid Form by the Bidder as the Bidder's offer to furnish all labor, Materials and Equipment to perform all Work in strict accordance with the Contract Documents. If an Agreement is awarded to a Bidder, the Total Bid amount shall be the Contract Price. Warranty Period - The period of time within which CONTRACTOR shall promptly, without cost to COUNTY and in accordance with COUNTY's written instructions, either correct Defective Work or, if it has been rejected by COUNTY, remove it from the site and replace it with non-Defective Work. The Warranty Period does not limit the CONTRACTOR's warranty that the Work has been completed in accordance with the Contract Documents. Work - All labor, permits, bonds, equipment, Materials and incidentals required for the construction of the improvement by the Contract Documents, including superintendence, 74 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding use of Equipment and tools, and all services and responsibilities prescribed or implied, which are necessary for the complete performance by the CONTRACTOR of his obligations under the Contract Documents. Unless otherwise specified herein or in the Contract Documents, all costs of liability and of performing the Work shall be at the CONTRACTOR's expense. SECTION 2 - PRELIMINARY MATTERS Copies of Documents. COUNTY shall furnish to CONTRACTOR one copy of the Contract Documents free of charge. CONTRACTOR will be responsible for obtaining additional copies. Commencement of the Contract Time; Purchase Order. The Contract Time will begin on the date indicated in the Purchase Order. The CONTRACTOR shall start to perform the Work on the date indicated on the Purchase Order. Prior to the issuance of a Purchase Order , a preconstruction conference shall be attended by the CONTRACTOR and his subcontractors, PROJECT MANAGER and COUNTY and other entities as applicable to the Work at which time a date will be established for the issuance of the Purchase Order. Before Starting Work. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent information and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROJECT MANAGER any conflict, error or discrepancy which CONTRACTOR or any of his Subcontractors or Suppliers may discover and shall obtain a written interpretation or clarification from PROJECT MANAGER before proceeding with any Work affected thereby; provided, however, CONTRACTOR shall not be liable to COUNTY or PROJECT MANAGER for failure to report any conflict, error or discrepancy unless CONTRACTOR or any of his Subcontractors or suppliers had actual knowledge thereof or should reasonably have known thereof. Before commencement of the Work, CONTRACTOR shall submit to the PROJECT MANAGER for review a preliminary Progress Schedule indicating the starting and finishing dates of each Work activity, and a proposed schedule. Preconstruction Conference. Prior to commencement of Work at the site, a conference will be held for review of the schedules, to establish procedures for a working understanding among the parties as to the Work. Physical Conditions. The CONTRACTOR shall take the steps necessary to ascertain the nature and the location of the Work. The CONTRACTOR shall also determined for himself the existing physical conditions which can affect the work or its cost, including but not limited to, (1) conditions bearing upon mobilization, demolition, transportation, disposal, handling and storage of materials; (2) the availability of labor, water, electric power; (3) uncertainties of weather; (4) the conformation of surface and subsurface ground conditions; (5) the character and limitations of the equipment, machinery and existing physical conditions within the limits of construction or within the buildings that are utilized during the Work. 75 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding The CONTRACTOR shall employ only competent personnel and utilize only suitable equipment in performing the layout of the Work. Contractor shall not engage the services of any person or persons in the employ of the COUNTY for performance of the layout of the Work. Adequate field notes and records shall be kept on a daily basis as the layout work is accomplished. These field notes and records shall be available for review by the PROJECT MANAGER as the Work progresses and copies shall be furnished at the time of completion of the Project. Any inspection or checking of the CONTRACTOR's field notes or layout work by the PROJECT MANAGER and the acceptance of all or any part thereof shall not relieve the CONTRACTOR of his responsibility to achieve the lines, grades and dimensions shown in the Plans/Specifications. SECTION 3 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for all means and methods, techniques, schedules, sequences and procedures of construction and for providing the required safety precautions, for coordinating all portions of the Work with all regulatory, jurisdictional and governmental authorities, for further coordination as required with commercial businesses, private residents and employees of the Owner and for enforcement of order and cooperation among the CONTRACTOR's employees and all of the Subcontractors and Suppliers. The CONTRACTOR shall be responsible to see that the competed Work complies accurately with the Contract Documents and its intent. Personnel and Working Hours. CONTRACTOR shall at all times maintain good discipline and order at the site. CONTRACTOR shall provide competent, qualified personnel to perform construction as required by the Contract Documents. CONTRACTOR is fully responsible to provide a sufficient number of skilled workers and supervisory personnel to perform the Work and assure that the Work is completed according to the established Construction Schedule and within the Contract Time. Failure to fully man the Project with supervisory personnel, skilled workers or common laborers of which actions shall lead to a delay in the Work Schedule shall be cause for a claim for damages against CONTRACTOR or termination of CONTRACTOR by the Owner. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, all Work at the site shall be performed during normal working hours, unless otherwise specified. Normal working hours shall be defined as period occurring between the hours beginning at 7:00 a.m. and ending at 5:00 p.m., exclusive of Saturdays, Sundays, or Holidays. Items of Material or Equipment. All Materials and Equipment shall be of good quality and new. All Materials and Equipment shall be handled, stored, applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier. 76 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Manufacturers' or Suppliers' warranties for all Materials, products and Equipment to be furnished by CONTRACTOR and to be incorporated into the completed Work shall be furnished to COUNTY through CONTRACTOR. Project is to be constructed with asbestos free materials. Concerning Subcontractors - The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that they are employed by him. Nothing contained in the Contract Documents shall create, nor be interpreted to create, privity or any other contractual relationship whatsoever between the County and any Subcontractor or any person except the Contractor, or any obligation on the part of the County to payor to see to the payment of any monies due any Subcontractor, except as may otherwise be required by law. The County may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the County. All Work performed for the Contractor by Subcontractors shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance held by the County as trustee. Patent Fees And Royalties - The Contractor will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. Permits. Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits, fees, and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of public and private utility service companies for all required utility services that complete and accomplish the Work according to the Contract Documents. The CONTRACTOR shall meet all requirements of all permits and licenses and shall be responsible for all fines, assessments, and penalties of any nature assessed against the CONTRACTOR or COUNTY or both relating to any permit violation. Laws and Regulations. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the Work. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations and without such notice to PROJECT MANAGER, CONTRACTOR shall bear all costs arising therefrom. CONTRACTOR shall pay all sales, consumer, use and other taxes required to be paid by it in accordance with the Laws and Regulations of the place of the Project. CONTRACTOR shall comply with all Federal, State, and Local laws, ordinances, codes, and regulations applying to the Work. The CONTRACTOR shall be solely responsible for bidding and constructing the Work per the current building codes as required by the Contract Documents and the construction practices normally applicable to each trade vendors or installer’s trade. 77 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). Use of Premises. The CONTRACTOR shall confine construction equipment, the storage of materials and the operations of workers to areas permitted by Laws and Regulations, rights-of-way, easements or required by the Contract Documents or limited by the Owner. The CONTRACTOR shall not unreasonably encumber the premises with construction equipment or materials or other equipment. The CONTRACTOR shall assume full responsibility for any damage to any such property, or to the owner or occupant thereof or of any other property, caused or alleged to have been caused by or incident to the execution of this Work. The CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. Periodically, during construction, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises for disposal. At completion of the Work all tools, appliances, construction equipment and machinery, and surplus materials shall be removed by the Contractor and shall leave the site clean and ready for occupancy by COUNTY. CONTRACTOR shall restore to original condition or better all property not designated for alteration by the Contract Documents, but, was impacted due to the construction operations and close proximity to the Project. CONTRACTOR shall not load or permit any part of any structure to be loaded in any manner that will endanger human life or damage the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to loads that will endanger human life or damage it. Safety and Protection. CONTRACTOR shall be solely and completely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other persons (including but not limited to the general public or employees of the Owner) who may be affected thereby; all the Work and all Materials or Equipment to be incorporated therein, whether in storage on or off the site; and other property at the site, adjacent thereto, or utilized by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as PROJECT MANAGER issues a notice to COUNTY and CONTRACTOR that the Work is acceptable. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR at his sole cost. CONTRACTOR shall comply with all applicable Laws and Regulations of any governmental entity having jurisdiction for the safety of persons or property or to protect 78 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding them from damage, injury or loss including, but not limited to, OSHA (Public Law 91-596) and the Contract Work Hours and Safety Standards Act (Public Law 91-54); and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall designate a responsible member of his organization at the site whose duties shall be preventing accidents and insuring compliance with all applicable safety regulations. This person shall be CONTRACTOR's Superintendent unless otherwise designated in writing by CONTRACTOR to COUNTY. At all times CONTRACTOR shall, and shall cause his Subcontractors and Suppliers to, carefully protect its and their Work, materials, equipment, and supplies against damage or injury from the weather. If in the opinion of PROJECT MANAGER any of the above has been damaged or injured by reason of failure on the part of CONTRACTOR, any Subcontractor or Supplier to perform according to the requirements of this provision, said Work, Materials, Equipment and supplies shall be removed and replaced at the expense of CONTRACTOR. CONTRACTOR shall notify PROJECT MANAGER of any job site injuries at the Project site. Serious injuries shall be verbally reported to the PROJECT MANAGER within two (2) hours of occurrence of the incident. CONTRACTOR shall submit a written report of each serious injury to PROJECT MANAGER within twenty-four (24) hours of occurrence of the incident. CONTRACTOR shall prepare injury reports regardless of whether the injury is to the CONTRACTOR's personnel, subcontractors, COUNTY personnel or other persons. Emergencies. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROJECT MANAGER or COUNTY, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give COUNTY prompt written notice if CONTRACTOR believes that any significant changes in the Work have resulted because of the action taken in response to an emergency. If COUNTY determines that changes are required, COUNTY shall authorize the changes by written Change Order. If the emergency was not due to the fault or negligence of CONTRACTOR, or any Subcontractor or Supplier or anyone for whose acts any of them may be liable and the changes cause an increase or decrease in CONTRACTOR's cost or the time required to perform any part of the Work, COUNTY shall make an adjustment in Contract Time. Continuing the Work. CONTRACTOR shall carry on the Work and maintain the Progress Schedule during all disputes or disagreements with COUNTY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and COUNTY may otherwise agree in writing. Suspension of the Work by CONTRACTOR during any dispute or disagreement with COUNTY shall entitle COUNTY to terminate the CONTRACT for cause, except as otherwise provided in Section 15. Responsibility for Coordinating and Connecting to Existing Services and Utilities. At all points where the Work constructed by CONTRACTOR connects to existing utilities and services, the actual Work of making the necessary connection to the existing service or utility shall be arranged for and coordinated by CONTRACTOR at no expense to COUNTY (unless specifically indicated otherwise). Services and utilities included within (but not limited to) this responsibility are roadways, sidewalks, driveways, ditches, electrical, lighting, sanitary sewer, mechanical, fire suppression, water distribution, gas, 79 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding plumbing, communications, data, phone, storm water, etc. Connections shall be made at a time that will result in the least possible interference with existing services. Storage of Materials. Materials shall be so stored as to insure the preservation of their quality, color, and fitness for the Work and shall be so located as to facilitate prompt inspection, and to minimize noise impacts on sensitive receivers. Materials improperly stored may be rejected without testing. Materials or equipment shall not be stored under the canopy or within the ‘drip line’ of any trees without prior approval by the Project Manager. The insurance, protection and security of stored materials shall be the sole responsibility of the CONTRACTOR. The COUNTY shall not be liable or at risk for any loss of materials due to theft, weather, negligence, nor for any damages to the stored materials. Defective Materials. Materials which are or have been improperly stored. All such materials, whether in place or not, will be rejected and shall, unless otherwise permitted by the PROJECT MANAGER, be removed immediately from the site of the Work and from the CONTRACTOR's storage areas, at the CONTRACTOR's expense. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the CONTRACTOR to comply promptly with any order of the PROJECT MANAGER made under the provisions of this Section, the PROJECT MANAGER shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys due or to become due the CONTRACTOR. CONTRACTOR's Responsibility for Work. Until acceptance of the Work by the COUNTY it shall be under the charge and custody of the CONTRACTOR and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, arising either from the execution or from the non-execution of the Work. The CONTRACTOR shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any of the above causes before its completion and acceptance except that in case of catastrophic damage the COUNTY may, at its discretion, reimburse the CONTRACTOR for the repair of such damage due to unforeseeable causes beyond the control of and without the fault or negligence of the CONTRACTOR including, but not restricted to, Acts of God, of the public enemy or of governmental authorities. Interferences. The CONTRACTOR shall at all times conduct the Work in such manner and in such sequence as to insure the least practicable interference with County employees, pedestrian/visitor traffic due to County business and vehicular traffic. The CONTRACTOR's vehicles, personnel, materials and equipment shall be operated in such a manner that they will not be a hazard or hindrance to daily operations and performance of County business. Coordination with other Contractors. The CONTRACTOR shall coordinate and arrange his Work and dispose of his Materials so as not to interfere with operations of other contractors engaged upon adjacent work and to join his Work to that of others in a proper manner, in accordance with the spirit of the Plans or Specifications, and to perform his Work in the proper sequence in relation to that of other contractors. Each 80 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding contractor shall be responsible for any damage done by him or his agents to the work performed by another contractor. Final Cleaning Up of Job Site. Upon completion of the Work, and before Acceptance and Final Payment will be made, the CONTRACTOR shall remove from the COUNTY's job site and adjacent property all false Work, Equipment, surplus and discarded Materials, rubbish and temporary structures; CONTRACTOR shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work, and shall leave all waterways and drainage facilities unobstructed. SECTION 4 - WORK BY OTHERS Related Work At Site. COUNTY may perform other work at the site by COUNTY's own forces, provide for or allow other work to be performed by other owners, or let others direct contracts for other work. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work. If COUNTY contracts with others for the performance of other work at the site, the CONTRACTOR shall be responsible for coordination of the activities among the various contractors. Coordination with other contractors will be the sole responsibility of CONTRACTOR and neither COUNTY nor PROJECT MANAGER shall have any authority or responsibility with respect to such coordination. Extensions in Contract Time. If CONTRACTOR is delayed at any time in performing or furnishing the Work by any act or neglect of another contractor or entity performing work at the site noted in the Contract Documents, CONTRACTOR may request an extension or adjustment in Contract Time and if COUNTY agrees that the delay requires an adjustment in Contract Time, COUNTY shall authorize the necessary extension of Contract Time. However, an extension in Contract Time(s), if so granted, shall be CONTRACTOR's sole and exclusive remedy with respect to COUNTY, for any delay, disruption, interference, inefficiency, extension, constructive acceleration or hindrance and associated costs, however caused, resulting from delays caused by others performing other work at the site. Contract Time Coordination. CONTRACTOR shall give prompt written notice to COUNTY, PROJECT MANAGER and any other affected contractor(s) whenever CONTRACTOR anticipates a conflict in Contract Time(s) related to or simultaneous with associated Contract Time (s) in the work of others. When Work is performed out of sequence and ahead of interfacing Work, CONTRACTOR shall be responsible for taking reasonable steps to minimize damage or loss to the Work which may be caused by others during the performance of their work, including (but not limited to) furnishing written notice to PROJECT MANAGER and to the other contractors that Work has been performed out of sequence and ahead of interfacing Work. When work by others is performed out of sequence and ahead of interfacing Work, the said work shall be considered as if it had been shown on the Contract Documents. CONTRACTOR shall be responsible for protecting said work and shall replace, repair or otherwise settle with others any and all damage caused as a result of the performance of 81 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding Work out of sequence. SECTION 5 - PROJECT MANAGER'S STATUS DURING CONSTRUCTION COUNTY'S Representative. PROJECT MANAGER will be COUNTY's representative during the construction of the Work. The duties and responsibilities and the limitations of authority of PROJECT MANAGER as COUNTY's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of COUNTY and PROJECT MANAGER. Visits to Site. PROJECT MANAGER will make visits to the site at intervals appropriate to the various stages of the Work to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Project Representation. COUNTY may designate another agent to represent COUNTY at the site who is not the PROJECT MANAGER or its agent or employee. Duties, Responsibilities and Limitations of Authority of PROJECT MANAGER. The PROJECT MANAGER will perform the duties and responsibilities described herein. PROJECT MANAGER shall generally issue all communications to CONTRACTOR including but not limited to communications directed to CONTRACTOR from COUNTY. CONTRACTOR shall generally issue all communications to COUNTY through PROJECT MANAGER PROJECT MANAGER will provide instructions on procedures to be followed and schedule inspections of the Work; review daily inspection reports prepared; prepare documents as required and review them with COUNTY, as applicable. PROJECT MANAGER will attend meetings with CONTRACTOR, such as the Preconstruction Conference, Project Meetings and any other Project related meetings and prepare and circulate copies of minutes thereof. The preparation and circulation of minutes of preconstruction conferences, Project meetings and any other Project related meetings shall not relieve CONTRACTOR of CONTRACTOR's responsibility to coordinate the work of the COUNTY, utility contractors, or the work of others or the CONTRACTOR's responsibility for scheduling and sequencing its Work with the work of the COUNTY, utility contractors or the work of others. PROJECT MANAGER will conduct general on-site observations of the Work in progress and will observe for non-conformance reports to determine if the Work is proceeding in accordance with the Contract Documents. PROJECT MANAGER will notify CONTRACTOR of disapproval or rejection of defective Work and will notify CONTRACTOR whether Defective Work is to be corrected, or replaced. PROJECT MANAGER will accompany visiting inspectors representing governmental or other agencies having jurisdiction over the Project, and record the results of the inspections. PROJECT MANAGER will transmit to CONTRACTOR clarifications and interpretations as issued by the COUNTY. 82 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding PROJECT MANAGER will report promptly to COUNTY upon gaining knowledge of the occurrence of any accident at the site. PROJECT MANAGER will prepare reports of the progress of the Work and of CONTRACTOR's compliance with the Progress Schedule. PROJECT MANAGER will consult as appropriate with COUNTY’s staff in advance of scheduled major tests, inspections or the commencement of important phases of the Work. PROJECT MANAGER will review and evaluate CONTRACTOR's Application for Payment and advise COUNTY staff accordingly. PROJECT MANAGER will review and evaluate CONTRACTOR's notice that CONTRACTOR considers the Work (or part thereof) substantially complete and advise COUNTY staff accordingly. PROJECT MANAGER will observe whether all items on lists of items to be completed prior to Final Payment have been completed and make recommendations to COUNTY concerning Acceptance. During the course of the Work, the PROJECT MANAGER will verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed. Clarifications and Interpretations. PROJECT MANAGER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents as PROJECT MANAGER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Authorized Variations in Work. PROJECT MANAGER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents and required to produce the intended result. These may be accomplished by a Field Order and will be binding on CONTRACTOR who shall perform the Work involved promptly. Rejecting Defective Work. PROJECT MANAGER will have authority to disapprove or reject Work at any time during the construction of the Work, which PROJECT MANAGER believes to be Defective. PROJECT MANAGER will also have authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. When CONTRACTOR has been notified by PROJECT MANAGER of disapproval or rejection of Defective Work, CONTRACTOR shall take immediate action to correct or replace same. Notice to Cure - If the County determines the Work is defective or deficient; if the Contractor fails to supply sufficient skilled workers or suitable materials or equipment; if the Contractor fails to make prompt payments to Subcontractors for labor, materials or equipment; if the work is not progressing in a safe, orderly or well coordinated manner; 83 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding or if the general progress and/or quality of the work is not adequate to ensure continuation or completion of the work in accordance with the Contract completion time requirements, then the Purchasing and Contracts Division shall issue a notice to cure, giving the Contractor a specific period of time (1) in which to submit to the Project Manager a written Plan of Action including a schedule setting forth a plan by which the deficiencies will be corrected, and (2) a specific period of time in which to correct the deficiencies. If the Contractor does not submit a Plan of Action to indicate how and when the deficiencies indicated in the notice to cure will be cured within the specified time frame that is acceptable to the Project Manager, and if those deficiencies are not corrected within that time frame, then the County shall take further action, up to and including Contract termination. The Contractor shall not be entitled to any delay claims as a result of the County's issuance of the notice to cure. SECTION 6 – CHANGE OF CONTRACT AMOUNT, DELAYS AND EXTENSION OF TIME Contract Amount. The Contract Amount constitutes the total compensation payable to the Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Amount. The Contract Amount may only be changed by written Change Order issued by the County. County Obligation. The County owes no duty, obligation, damages, change in Contract Amount, or liability to Contractor as a result of any delay, interference, suspension or other event which may impact Contractor’s progress schedule of its contract. Extension of Time Sole Remedy. Should Contractor’s performance, in whole or in part, be interfered with, delayed, re-sequenced, disrupted, or be suspended in the commencement, prosecution or completion, for reasons beyond Contractor’s control, and without any fault or negligence on its part contributing thereto, Contractor’s sole remedy shall be an extension of Contract Time in which to complete the Contract. Contract Time Extension. The County may grant an extension of Contract Time when a controlling item of work on the critical path of Contractor’s progress schedule is delayed by factors not reasonably anticipated or foreseeable at the time of bid. Such time extension may be allowed only for delays occurring during the time for performance set forth in the progress schedule. Extensions of Contract Time will not be granted for delays due, in whole or in part, to the fault or negligence of Contractor or any entity or person for whom Contractor is responsible. SECTION 7 - SCHEDULES Schedules. Project Schedule Definitions: a) Work Activities - The significant events of the Project. All significant work activities must be identified in sufficient detail to track work activity progress towards completion and consequentially, the completion of the Project. b) Start Date and Finish Date - The dates a work activity will begin and will be completed. c) Duration - The length of time it takes for a work activity to be completed, from Start Date to Finish Date. 84 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding d) Sequence - The order in which a group of work activities must be completed. This includes work activities that are done concurrently (at the same time), sequentially (must finish one before starting the next) or overlap (may start one before finishing the other). e) Critical Path - The complete sequence of work activities whose accumulative duration determines the length of time needed to complete the entire Project from NTP to Final Completion. f) Critical Path Items - The work activities on the Critical Path. g) Controlling Work Items – Those activities that are either critical path or indirectly influences the critical path. Such as a controlling work item provided by the Owner. h) Float Time - The duration of a work activity that is not on the Critical Path which could be delayed without affecting the date of Substantial Completion. Time and conditions for Float Time shall be clearly established in the Contract Documents. CONTRACTOR shall prepare and submit for COUNTY’s review a time scaled Project Schedule with a Critical Path (CPM). The Project Schedule shall show the sequence in which CONTRACTOR proposes to accomplish the Work. The Project Schedule shall clearly depict the order, interdependence, duration, and installation man-days by craft of each Work activity. The Project Schedule shall show all of the Work activities to be completed and the accumulative duration of the Critical Path leading to each Substantial and Final Completion. Beginning with the Purchase Order and ending with the date of Final Completion, the duration of the Project Schedule’s Critical Path shall comply with the Contract Time and shall meet the Contract Agreement. SECTION 8 - WARRANTY AND GUARANTEE, TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee. CONTRACTOR warrants and guarantees that all Work will be in accordance with the Contract Documents and will not be Defective. All Defective work, whether or not in place, may be rejected, corrected or accepted as provided in this Section. The obligations of CONTRACTOR under this subsection shall be in addition to and not in limitation of any obligation imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by Laws or Regulations. Access to Work. COUNTY’S PROJECT MANAGER shall be permitted access to the Work for their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections. CONTRACTOR shall give PROJECT MANAGER timely notice of readiness of the Work for all required inspections, tests or approvals. Inspections, tests or observations by PROJECT MANAGER may be performed at their discretion to provide information to the COUNTY on the progress of the Work. However, such information is not intended to fulfill the CONTRACTOR's obligations in accordance with the Contract Documents. If any law, ordinance, rule, regulation, code or order of any public body, government entity or court having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore, pay all related costs, schedule related activities at appropriate times, and furnish PROJECT MANAGER the required certificates of inspection, testing or approval. 85 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding CONTRACTOR shall also be responsible for and shall pay all costs, in connection with any inspection or testing required in connection with COUNTY's or PROJECT MANAGER's acceptance of a proposed manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of material or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation of the Work. All inspections, tests or approvals shall be performed by persons or organizations acceptable to COUNTY and PROJECT MANAGER. Neither observations by PROJECT MANAGER or COUNTY nor inspections, tests or approvals by others shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the Contract Documents and Building Code Requirements. If any testing, inspection or approval under this subsection reveal Defective Work, CONTRACTOR shall not be allowed to receive any associated costs and COUNTY shall be entitled to deduct from the Contract Price, by issuing a Change Order, COUNTY's costs arising out of the Defective Work, including costs of repeated procedures, compensation for PROJECT MANAGER's services and other related costs. Final Inspection. Upon written notice from the Contractor that the Work is complete, including the "punch" listed deficiencies, the Project Manager will make a final inspection with the Contractor and will notify the Contractor in writing of any particulars in which this inspection reveals that the Work is defective. The Contractor shall immediately make such corrections as are necessary to remedy such defects and to complete all the required work. Final Inspection for Payment. After the Contractor has completed any such corrections to the satisfaction of the Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, Certificates of Inspection and other documents as required by the Contract Documents, he may make application for final payment. Correction or Removal of Defective Work. CONTRACTOR shall promptly, without cost to COUNTY and as specified by PROJECT MANAGER, either corrects any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by PROJECT MANAGER, remove it from the site and replace it with conforming Work. The CONTRACTOR shall bear the cost of repairing or replacing all Work and property of the COUNTY or others destroyed or damaged or in any way impacted by such correction or removal. Contractor's Continuing Obligation. The Contractor's obligation to perform the Work and complete the Work in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by the County, the issuance of Certificate of Completion, any payment by the County to the Contractor under the Contract Documents, any use or occupancy of the Work or any part thereof by the County, any act of acceptance by the County, any failure to do so, nor any correction of defective Work by the County shall constitute an acceptance of Work not in accordance with the Contract Documents. SECTION 9 - SUSPENSION OF WORK AND TERMINATION The COUNTY May Stop the Work. If the Work is Defective and the CONTRACTOR has been notified by PROJECT MANAGER or COUNTY, or if CONTRACTOR fails to 86 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding perform the Work in compliance with the Contract Documents, or if CONTRACTOR fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, or suitable Materials or Equipment, or if CONTRACTOR fails to obtain, maintain or renew insurance in conformance with the Contract Documents in a form acceptable to COUNTY, or if any insurance company CONTRACTOR has obtained insurance from declares bankruptcy or is declared bankrupt, or if CONTRACTOR fails to prosecute the Work without endangering persons or property, COUNTY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated. COUNTY's order to stop the Work may be communicated through PROJECT MANAGER or by COUNTY. This right of COUNTY to stop the Work shall not give rise to any duty on the part of COUNTY or PROJECT MANAGER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall bear all direct, indirect, and consequential costs of such order to stop the Work (including but not limited to fees and charges of PROJECT MANAGER, attorneys and other professionals, any additional expenses incurred by COUNTY due to delays to others performing Work under a separate contract with COUNTY, and other obligations), and CONTRACTOR shall further bear the responsibility for maintaining the Progress Schedule and shall not be entitled to any extension of Contract Time or increase in the Contract Price. COUNTY shall be entitled to deduct any expenses so incurred from the Contract Price by issuing a Change Order. SECTION 10 - MISCELLANEOUS Giving Notice. Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given as of the time of actual delivery if delivered in person; or if it is delivered by registered mail, at the actual time of delivery. Written notice to be delivered to COUNTY or PROJECT MANAGER or to any of its representatives by CONTRACTOR shall be delivered at the office stated in the Agreement, unless otherwise specified in writing to CONTRACTOR. Written notice to CONTRACTOR by COUNTY or PROJECT MANAGER shall be delivered to the individual or member of the firm or to an officer of the corporation for whom it is intended at the office stated in the Agreement, or such other office or individual designated by CONTRACTOR in writing to COUNTY. Claims for Injury or Damage to Person or Property. Should COUNTY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time from the first observance of such injury or damage. This provision shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. No Conflict with Laws or Regulations. The duties, obligations, criteria or procedure imposed by these General Conditions and the rights and remedies made available are in addition to, and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, except that in the event that a specific part or detailed requirement of a provision, criterion or procedure in these General Conditions and a specific part or detailed requirement of a provision, criterion or procedure imposed or available by Laws 87 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding or Regulations are in conflict the specific part or detailed requirement of Laws and Regulations shall govern. All other specific parts or detailed requirements in the provisions, criteria or procedures of the applicable Laws or Regulations and these General Conditions not in conflict shall remain in full force and effect and be read with the controlling specific part or detailed requirement. The provisions of this subsection will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Each and every provision of law and clause required by law to be inserted in the Contract Documents shall be deemed to be inserted therein and the Contract shall be read and enforced as though it were included therein. Partial Invalidity. If any provision of this contract is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be effectuated. To that end, this Agreement is declared severable. 88 IFB-604188-21/LNF - Tree Trimming, Removal and Stump Grinding