1133-Lewis Tree ServiceCOO) -- k 1 33
CITY OF SANFORD
CITYWIDE TREE TRIMMING AND REMOVAL AND EMERGENCY
RESPONSE SERVICES AGREEMENT
WITH LEWIS TREE SERVICE, INC.
City of Sanford, Florida
300 North Park Avenue
Sanford, Florida 32771
into the 28th day of
a municipal corporation of the State of Florida, holding tax exempt status, hereinafter
referred to as the "City," and:
Lewis Tree Service, Inc.
300 Luscious Gordon Drive
West Henrietta, New York 14586
a corporation, authorized to do business in the State of Florida, hereinafter referred to as
the "Contractor".
The City and the Contractor are collectively referred to herein as the "parties ".
WI TNESSETH:
WHEREAS, the City desires to retain the Contractor for the work identified in the
City's Invitation For Bids (Number IFB 05/06 -28) and the documents relating thereto as
set forth in Exhibit A; and
WHEREAS, the City desires to employ the Contractor for the performance to
support the activities, programs, and projects of the City upon the terms and conditions
hereinafter set forth, and the Contractor is desirous of performing and providing such
services upon said terms and conditions; and
WHEREAS, the Contractor hereby warrants and represents to the City that it is
competent and otherwise able to provide professional and high quality services to the City;
and
WHEREAS, all submissions submitted by the Contractor in the proposals /RFQ's
submitted to the City are hereby incorporated to the extent not inconsistent with the terms
and conditions as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
THIS AGREEMENT made and entered
Novenb , 2006, by and between the:
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1
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
Table Of Contents: Page:
SECTION 1: DEFINITIONS ................................................ ............................... 3
SECTION2: CAPTIONS ................................................... ..............................4
SECTION 3: EXTENT OF AGREEMENT / INTEGRATION / AMENDMENT ................ 4
SECTION 4: NO GENERAL CITY OBLIGATION ........................... ............................... 5
SECTION 5: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED ........... 5
SECTION 6: GENERAL PROVISIONS ...................................... ............................... 6
SECTION 7: CODES AND DESIGN STANDARDS ........................ ............................... 7
SECTION 8: SUBCONTRACTORS ............................................ ............................... 7
SECTION 9: ASSIGNABILITY .................................................. ............................... 7
SECTION 10: COMMENCEMENT / IMPLEMENTATION SCHEDULE OF
AGREEMENT..........................................................................
............................... 8
SECTION 11:
LENGTH OF GREEMENT ....................................... ............................... 8
SECTION 12:
DESCRIPTION OF SERVICES ............................... ............................... 8
SECTION 13:
CONTRACTOR RESPONSIBILITIES ..................... ............................... 9
SECTION 14:
CITY RIGHTS AND RESPONSIBILITIES ............... .............................10
SECTION15:
WAIVER ................................................................. ...............................
11
SECTION 16:
FORCE MAJEURE ................................................ ...............................
11
SECTION 17:
STANDARDS OF CONDUCT ................................ ...............................
12
SECTION18:
NOTICES ............................................................... ...............................
14
SECTION 19:
DESIGNATED REPRESENTATIVES ...................... .............................15
SECTION20:
WORK ORDERS ................................................... ...............................
16
SECTION 21:
CHANGE ORDERS ............................................... ...............................
17
SECTION 22:
COMPENSATION .................................................. ...............................
18
SECTION 23:
INVOICE PROCESS ................................................ .............................18
SECTION 24:
TERMINATION OF AGREEMENT ......................... .............................19
SECTION 25:
TERMINATION BY CONTRACTOR FOR CAUSE ...............................
20
SECTION 26:
TERMINATION BY THE CITY WITHOUT CAUSE ...............................
20
SECTION 27:
PAYMENT IN THE EVENT OF TERMINATION .... ...............................
21
SECTION 28:
ACTION FOLLOWING TERMINATION ................ ...............................
21
SECTION29:
SUSPENSION ....................................................... ...............................
21
SECTION 30:
ALTERNATIVE DISPUTE RESOLUTION (ADR) .. ...............................
21
SECTION 31:
SEVERABILITY ..................................................... ...............................
22
SECTION 32:
CONTROLLING LAWS / VENUE / INTERPRETATION .......................
22
SECTION33:
INDEMNITY ........................................................... ...............................
22
SECTION 34:
INSURANCE .......................................................... ...............................
23
SECTION 35:
EQUAL OPPORTUNITY EMPLOYMENT/ NON - DISCRIMINATION...
26
SECTION 36:
ACCESS TO RECORDS / AUDIT / PUBLIC RECORDS .....................
26
SECTION 37:
COUNTERPARTS ................................................. ...............................
27
SECTION 38:
SUBMITTALS ........................................................ ...............................
27
SECTION39:
EXHIBITS .............................................................. ...............................
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F,
SECTION 1: DEFINITIONS.
Ad valorem - In proportion to the estimated value of the goods taxed.
Agreement — This document and all subsequent work orders or related contractual
documents between the City and Contractor. Each Exhibit, as identified below, even if not
physically attached, shall be treated as if they were part of this Agreement. The effective
date of this Agreement is the date City Coucil approves a resolution approving the
selection of the Contractor.
Billing Period — The period of time between project commencement to the close of the
current period, (inclusive); or from the close of the previous billing period, (exclusive), to
the close of the current period, usually concurrent with the month. In no case shall this
period be less than one calendar month except for the final Billing Period.
Bona Fide - Made or carried out in good faith; sincere.
City — The City of Sanford, a municipal corporation of the State of Florida holding tax
exempt status.
Contractor - To include all principals of the Contractor including, but not limited to, full and
part time employees, professional or otherwise, and all other agents employed by or for
Contractor to perform its obligations hereunder.
Description of Services - Shall be written in paragraph form resonably describing those
services the City can expect the Contractor to provide. The description shall be written in
such a manner that the type of service is clearly provided, but broad enough that all
services reasonably expected of the Contractor, including services provided by partners,
SubContractors, and other supporting professionals, can be provided to the City.
Designated Representative — A person who administers, reviews, and coordinates the
provision of services. This definition applies equally to the City and to the Contractor.
Exhibit A — The bid documents and the pricing schedule submitted by the Contractor.
Exhibit B — Project Status Report Form.
Exhibit C — Certificate of Liability Insurance.
Force Maieure - Force Majeure shall include, but not be limited to, hostility, revolution, civil
commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law,
proclamation, regulation, or ordinance or other act of government, or any act of God or any
cause whether of the same or different nature, existing or future; provided that the cause
whether or not enumerated in this Agreement is beyond the control and without the fault or
negligence of the party seeking relief under this Agreement.
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Law - Said phrase shall include statutes, codes, rules, and regulations of whatsoever type
or nature enacted or adopted by a governmental entity of competent jurisdiction.
Pari Materia — of the same matter; on the same subject. Laws pari materia must be
construed with reference to each other /together when related to the same matter or
subject. The provisions of a contract/agreement are to be construed together with no
isolated construction of a particular provision such that it would defeat the overall intent of
the contract/agreement.
Submittals — Any item required by this agreement that the Contractor must provide the
City either for inclusion as part of this agreement or not.
Type of Service — Tree trimming and removal and emergency response and related
services.
Work Order - A detailed description of quantities, services, and a completion schedule
provided on Contractor letterhead describing all work associated with the service to be
provided by the Contractor to the City for an agreed price referencing this agreement by
title and date.
SECTION 2: CAPTIONS.
The Section headings and captions of this Agreement are for convenience and reference
only and in no way define, limit, describe the scope or intent of this Agreement or any part
thereof, or in any way affect this Agreement or construe any provision of this Agreement.
SECTION 3: EXTENT OF AGREEMENT / INTEGRATION / AMENDMENT.
(a) This Agreement, together with the Exhibits, if any, constitutes the entire
integrated Agreement between the City and the Contractor and supersedes
all prior written or oral understandings in connection therewith. This
Agreement, and all the terms and provisions contained herein, including
without limitation the Exhibits attached, constitute the full and complete
agreement between the parties hereto to the date hereof, and supersedes
and controls over any and all prior agreements, understandings,
representations, correspondence, and statements, whether written or oral.
(b) This Agreement may only be amended, supplemented, or modified by a
formal written amendment.
(c) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by
the parties.
(d) The Exhibits made part of this Agreement are as follows:
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Exhibit A -
Description of Services
Exhibit B -
Project Status Report
Exhibit C -
Certificate of Liability Insurance
SECTION 4: NO GENERAL CITY OBLIGATION.
(a) In no event shall any obligation of the City under this Agreement be or
constitute a general obligation or indebtedness of the City, a pledge of the ad
valorem taxing power of the City or a general obligation or indebtedness of
the City within the meaning of the Constitution of the State of Florida or any
other applicable laws, but shall be payable solely from legally available
revenues and funds.
(b) The Contractor shall not have the right to compel the exercise of the ad
valorem taxing power of the City.
SECTION 5: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED.
(a) Execution of this Agreement by the Contractor is a representation that the
Contractor is familiar with local conditions and with the services to be
performed. The Contractor shall make no claim for additional time or money
based upon its failure to comply with this Agreement. The Contractor has
informed the City, and hereby represents to the City, that it has extensive
experience in performing and providing the services and /or goods described
in this Agreement and to be identified in the Work Orders, and that it is well
acquainted with the components that are properly and customarily included
within such projects and the requirements of laws, ordinances, rules,
regulations, or orders of any public authority or licensing entity having
jurisdiction over City projects. Execution of a Work Order shall be an
affirmative and irrefutable representation by the Contractor to the City that
the Contractor is fully familiar with any and all requisite work conditions of the
provisions of the services.
(b) The recitals herein are true and correct and form and constitute a material
part of this Agreement upon which the parties have relied.
(c) It is agreed that nothing herein contained is intended or should be construed
as in any manner creating or establishing a relationship of co- partners
between the parties, or as constituting the Contractor (including, but not
limited to, its officers, employees, and agents) the agent, representative, or
employee of the City for any purpose, or in any manner, whatsoever. The
Contractor is to be and shall remain forever an independent Contractor with
respect to all services performed under this Agreement.
(d) Persons employed by the Contractor in the provision and performance of the
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services and functions pursuant to this Agreement shall have no claim to
pension, workers' compensation, unemployment compensation, civil service
or other employee rights or privileges granted to the City's officers and
employees either by operation of law or by the City.
SECTION 6: GENERAL PROVISIONS.
(a) Each party hereto represents to the other that it has undertaken all
necessary actions to execute this Agreement, and that it has the legal
authority to enter into this Agreement, and to undertake all obligations
imposed on it. The person(s) executing this Agreement for the Contractor
certifies /certify that he /she /they is /are authorized to bind the Contractor fully
to the terms of this Agreement.
(b) This Agreement is for services pertaining to tree trimming and removal and
emergency response services needed for the City's operations as set forth
herein and as otherwise directed by the City to include all labor and materials
that may be required.
(c) The Contractor acknowledges that the City may retain other Contractors to
provide the same types of services for City projects. The City reserves the
right to select which Contractor shall provide services for City projects.
(d) The Contractor acknowledges that the City has retained other Contractors
and the coordination between said Contractors and the Contractor may be
necessary from time to time for the successful completion of each Work
Order. The Contractor agrees to provide such coordination as necessary
within the Scope of Services as contained in the referenced City bid
documents set forth in Exhibit A.
(e) The Contractor agrees to provide and ensure coordination between goods/
services providers.
(f) Time is of the essence of the lawful performance of the duties and
obligations contained in this Agreement to include, but not be limited to, each
Work Order. The parties covenant and agree that they shall diligently and
expeditiously pursue their respective obligations set forth in this Agreement
and each Work Order.
(g) Contractor will maintain an adequate and competent staff or professionally
qualified persons throughout the performance of this Agreement to ensure
acceptable and timely completion of each Work Order.
(h) Requirements for signing and sealing plans, reports, and documents
prepared by the Contractor shall be governed by the laws and regulations of
Seminole County and State Regulatory agencies.
Con
(i) The Contractor hereby guarantees the City that all material, supplies,
services, and equipment as listed on a Purchase Order meet the
requirements, specifications, and standards as provided for under the
Federal Occupations Safety and Health Act of 1970, from time to time
amended and in force on the date hereof.
(j) No claim for services furnished by the Contractor not specifically provided for
herein shall be honored by the City.
SECTION 7: CODES AND DESIGN STANDARDS.
(a) All the services to be provided or performed by the Contractor shall in the
minimum be in conformance with commonly accepted industry and
professional codes and standards, standards of the City, and the laws of any
Federal, State, or local regulatory agencies.
(b) The Contractor shall be responsible for keeping apprised of any changing
laws applicable to the services to be performed under this Agreement.
SECTION 8: SUBCONTRACTORS.
(a) Any Contractor proposed subcontractors shall be submitted to the City for
written approval prior to the Contractor entering into a subcontract.
Subcontractor information shall include, but not be limited to, State
registrations, business address, occupational license tax proof of payment,
and insurance certifications.
(b) The Contractor shall coordinate the provision of services and work product of
any City approved subcontractor and remain fully responsible for such
services and work under the terms of this Agreement.
(c) Any subcontract shall be in writing and shall incorporate this Agreement and
require the subcontractors to assume performance of the Contractor duties
commensurately with the Contractor's duties to the City under this
Agreement, it being understood that nothing herein shall in any way relieve
the Contractor from any of its duties under this Agreement. The Contractor
shall provide the City with executed copies of all subcontracts.
SECTION 9: ASSIGNABILITY.
The Contractor shall not sublet, assign, or transfer any interest in this Agreement, or claims
for the money due or to become due out of this Agreement to a bank, trust company, or
other financial institution without written City approval. When approved by the City, written
notice of such assignment or transfer shall be furnished promptly to the City.
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SECTION 10: COMMENCEMENT / IMPLEMENTATION SCHEDULE OF AGREEMENT.
(a) The Contractor shall commence the provision of services as described in this
Agreement immediately upon execution of this Agreement and execution of a
Work Order. The City may seek other firms to provide the same services.
(b) The Contractor and the City agree to make every effort to adhere to the
schedules established for the various Work Orders as described in each
Work Order. However, if the Contractor is delayed at any time in the
provision of services by any act or omission of the City, or of any employee
of the City, or by any other Contractor employed by the City, or by changes
ordered by the City, or by strikes, lock outs, fire, unusual delay in
transportation, unavoidable casualties, or any other causes of force majeure
not resulting from the inactions or actions of the Contractor and beyond the
Contractor's control which would not reasonably be expected to occur in
connection with or during performance or provision of the services, or by
delay authorized by the City pending a decision, or by any cause which the
City shall decide to justify the delay, the time of completion shall be extended
for such reasonable time as the City may decide in its sole and absolute
discretion. It is further expressly understood and agreed that the Contractor
shall not be entitled to any damages or compensation, or be reimbursed for
any losses on account of any delay or delays resulting from any of the
aforesaid causes or any other cause whatsoever.
SECTION 11: LENGTH OF AGREEMENT.
(a) The initial term of this Agreement shall be for a period of one (1) year.
(b) After initial term, this Agreement shall automatically renew for additional
terms of one (1) year each.
(c) Should the City wish to not have this Agreement automatically renewed, the
City shall provide written notice to the Contractor ninety (90) days prior to the
automatic renewal subject; however, to the completion of all pending Work
Orders.
(d) Should the Contractor wish to not have the contract automatically renewed,
the Contractor shall provide written notice to the City ninety (90) days prior to
the automatic renewal subject; however, to the completion of all pending
Work Orders.
SECTION 12: DESCRIPTION OF SERVICES.
(a) The Contractor agrees to perform tree trimming and removal and emergency
response services for the City as well as related services. Services include a
wide array of activities that cannot be precisely detailed, but are described in
Exhibit A. The Description of Services is defined further hereto as Exhibit A.
(b) The Contractor shall diligently and in a professional and timely manner
perform and provide the services contemplated by this Agreement. Unless
modified in writing by the parties hereto, the duties of the Contractor shall not
be construed to exceed the provision of the services pertaining to this
Agreement.
SECTION 13: CONTRACTOR RESPONSIBILITIES.
(a) The Contractor shall be responsible for the professional quality, accepted
standards, technical accuracy and the coordination of all services furnished
by the Contractor under this Agreement as well as the conduct of its staff,
personnel, employees, and agents. The Contractor shall work closely with
the City on all aspects of the provision of the services. With respect to
services, the Contractor shall be responsible for the professional quality,
technical accuracy, competence, methodology, accuracy, and the
coordination of all of the following which are listed for illustration purposes
and not as a limitation: documents, analysis, reports, data, plans, plats,
maps, surveys, specifications, and any and all other services of whatever
type or nature furnished by the Contractor under this Agreement. The
Contractor shall, without additional compensation, correct or revise any
errors or deficiencies in his plans, analysis, data, reports, designs, drawings,
specifications, and any and all other services of whatever type or nature.
(b) The Contractor shall furnish a Contractor Designated Representative to
administer, review, and coordinate the provision of services under each Work
Order.
(c) Neither City review, approval, or acceptance of, nor payment for, any of the
services required under this Agreement shall be construed to operate as a
waiver of any rights or of any cause of action arising out of the performance
of this Agreement. The Contractor shall be and shall remain liable to the City
in accordance with applicable law for all damages to the City caused by the
Contractor's negligent or improper performance or failure to perform any of
the services furnished under this Agreement.
(d) The rights and remedies of the Contractor provided for under this
Agreement, are in addition to any other rights and remedies provided by law.
(e) In the event the Contractor fails to comply with the terms and conditions of
this Agreement, the City shall notify the Contractor's Designated
Representative in writing so that the Contractor may take remedial action.
(f) Time is of the essence in the performance of all services provided by the
Contractor under the terms of this Agreement and each and every Work
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Order.
SECTION 14: CITY RIGHTS AND RESPONSIBILITIES.
(a) The City shall reasonably cooperate with the Contractor in a timely fashion at
no cost to the Contractor as set forth in this Section.
(b) The City shall furnish a City Designated Representative to administer,
review, and coordinate the provision of services under each Work Order.
(c) The City shall make City personnel available where, in the City's opinion,
they are required and necessary to assist the Contractor. The availability
and necessity of said personnel to assist the Contractor shall be determined
solely at the discretion of the City.
(d) The City shall furnish the Contractor with exisitng data, records, maps, plans,
specifications, reports, fiscal data, and other engineering information that is
available in the City's files that is necessary or useful to the Contractor for
the prformance of the Work. All such documents conveyed by the City shall
be, and remain the property of, the City and shall be returned to the City
upon completion of the Work to be performed by the Contractor.
(e) The City shall examine all Contractor reports, sketches, drawing, estimates,
proposals, and other documents presented to the City and indicate the City's
approval or disapproval within a reasonable time so as not to materially delay
the provisions of the services of the Contractor.
(f) The City shall provide access to and make provisions for the Contractor to
enter upon public and private lands as required for the Contractor within a
reasonable time to perform work as necessary to complete the Work Order.
(g) The City shall transmit instructions, relevant information, and provide
interpretation and definition of City policies and decisions with respect to any
and all materials and other matters pertinent to the services covered by this
Agreement.
(h) The City shall give written notice to the Contractor whenever the City
designated representative knows of a development that affects the services
provided and performed under this Agreement, timing of the Contractor's
provision of services, or a defect or change necessary in the services of the
Contractor.
(i) The rights and remedies of the City provided for under this Agreement are in
addition to any other rights and remedies provided by law; the City may
assert its right of recovery by any appropriate means including, but not
limited to, set -off, suit, withholding, recoupment, or counterclaim, either
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during or after performance of this Agreement.
(j) The City shall be entitled to recover any and all legal costs including, but not
limited to, attorney fees and other legal costs that it may incur in any legal
actions it may pursue in the enforcement of the terms and conditions of this
Agreement or the responsibilities of the Contractor in carrying out the duties
and responsibilities deriving from this Agreement.
(k) The failure of the City to insist in any instance upon the strict performance of
any provision of this Agreement, or to exercise any right or privilege granted
to the City hereunder shall not constitute or be construed as a waiver of any
such provision or right and the same shall continue in force.
(1) Neither the City's review, approval or acceptance of, nor payment for, any of
the services required shall be construed to operate as a waiver of any rights
under this Agreement nor or any cause of action arising out of the
performance of this Agreement and the Contractor shall be and always
remain liable to the City in accordance with applicable law for any and all
damages to the City caused by the Contractor's negligent or wrongful
provision or performance of any of the services furnished under this
Agreement.
(m) All deliverable analysis, reference data, survey data, plans and reports, or
any other form of written instrument or document that may result from the
Consutant's services or have been created during the course of the
Contractor's performance under this Agreement shall become the property of
the City after final payment is made to the Contractor.
(n) In the event the City fails to comply with the terms and conditions of this
Agreement, the Contractor shall notify the City's Designated Representative
in writing so that the City may take remedial action.
SECTION 15: WAIVER.
The failure of the City to insist in any instance upon the strict performance of any provision
of this Agreement, or to exercise any right or privilege granted to the City hereunder, shall
not constitute or be construed as a waiver of any such provision or right and the same shall
continue in force.
SECTION 16: FORCE MAJEURE.
Neither party shall be considered in default in performance of its obligations hereunder to
the extent that performance of such obligations, or any of them, is delayed or prevented by
force majeure.
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SECTION 17: STANDARDS OF CONDUCT.
(a) The Contractor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Contractor, to
solicit or secure this Agreement and that the Contractor has not paid or
agreed to pay any person, company, corporation, individual, or firm other
than a bona fide employee working solely for the Contractor, any fee,
commission, percentage, gift, or any other consideration, contingent upon or
resulting from the award of making this Agreement.
(b) If the City determines that any employee or representative of the Contractor
is not satisfactorily performing his or her assigned duties or is demonstrating
improper conduct pursuant to any assignment or work performed under this
Agreement, the City shall so notify the Contractor, in writing. The Contractor
shall immediately remove such employee or representative of the Contractor
from such assignment.
(c) The Contractor hereby certifies (in writing) that no undisclosed conflict of
interest exists with respect to the Agreement, including, but not limited to,
any conflicts that may be due to representation of other clients, customers or
vendees, other contractual relationships of the Contractor, or any interest in
property that the Contractor may have. The Contractor further certifies that
any conflict of interest that arises during the term of this Agreement shall be
immediately disclosed in writing to the City. Violation of this Section shall be
considered as justification for immediate termination of this Agreement.
(d) The Contractor shall not engage in any action that would create a conflict of
interest for any City employee or other person during the course of
performance of, or otherwise related to, this Agreement or which would
violate or cause others to violate the provisions of Part III, Chapter 112,
Florida Statutes, relating to ethics in government.
(e) The City will not intentionally award publicly- funded contracts to any
Contractor who knowingly employs unauthorized alien workers, constituting a
violation of the employment provisions contained in 8 U.S.C. Section
1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA)]. The
City shall consider the employment by the Contractor of unauthorized aliens,
a violation of Section 274A (e) of the INA. Such violation by the Contractor
of the employment provisions contained in Section 274A (e) of the INA shall
be grounds for immediate termination of this Agreement by the City.
(f) The Contractor shall comply with the requirements of the Americans with
Disabilities Act (ADA), and any and all related Federal or State laws which
prohibits discrimination by public and private entities on the basis of
disability.
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(g) The Contractor shall not discriminate on the grounds of race, color, religion,
sex, or national origin in the performance of work under this Agreement or
violate any laws pertaining to civil rights, equal protection, or discrimination.
(h) If the Contractor or an affiliate is placed on a discriminatory vendor list, such
action may result in termination by the City. The Contractor shall certify,
upon request by the City that it is qualified to submit a bid under Section
287.134 (2) (c), Florida Statutes, relating to public entity crimes.
(i) If the Contractor or an affiliate is placed on the convicted vendor list following
a conviction for a public entity crime, such action may result in termination by
the City. The Contractor shall certify, upon request by the City, that is
qualified to submit a bid under Section 287.133(2)(a), Florida Statutes,
relating to public entity crimes.
(j) The Contractor shall certify, upon request by the City, that the Contractor
maintains a drug free workplace policy in accordance with Section 287.0878,
Florida Statutes. Failure to submit this certification may result in termination.
(k) The Contractor agrees to comply with Federal, State, and local
environmental, health, and safety laws and regulations applicable to the
services provided to the City. The Contractor agrees that any program or
initiative involving the work that could adversely affect any personnel
involved, citizens, residents, users, neighbors or the surrounding
environment will ensure compliance with any and all employment safety,
environmental and health laws.
(1) If applicable, in accordance with Section 216.347, Florida Statutes, the
Contractor shall not use funds provided by this Agreement for the purpose of
lobbying the Legislature, the Judicial Branch, or State Agency.
(m) The Contractor shall not publish any documents or release information
regarding this Agreement to the media without prior approval of the City.
(n) The Contractor shall ensure that all services are provided to the City after the
Contractor has obtained, at its sole and exclusive expense, any and all
permits, licenses, permissions, approvals or similar consents.
(o) The Contractor shall ensure that all taxes due from the Contractor are paid in
a timely and complete manner including, but not limited to, occupational
license tax.
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SECTION 18: NOTICES.
(a) Whenever either party desires to give notice unto the other, it must be given
by written notice, sent by registered United States mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last
specified, and the place for giving of notice shall remain such until it shall
have been changed by written notice in compliance with the provisions of this
Section.
(b) For the present, the parties designate the following as the representative
places for giving of notice, to -wit:
(1) For the City:
Sherman Yehl
City Manager
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: 407 - 330 -5602
E -mail address: yehlsCa7ci.sanford.fl.us
With a copy to:
Bill Smith
Purchasing Agent
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: 407 - 330 -5617
E -mail address: smithwCD-ci.sanford.fl.us
(2) For the Contractor
Richard Alt
Lewis Tree Service, Inc.
300 Luscious Gordon Drive
West Henrietta, New York 14586
Telephone Number: ((Phone (585)436 -3208
E -mail Address: «email» raltKewistree.ccin
(c) Written notice requirements of this Agreement shall be strictly construed and
such requirements are a condition precedent to pursuing any rights or
remedies hereunder. The Contractor agrees not to claim any waiver by City
of such notice requirements based upon City having actual knowledge,
implied, verbal or constructive notice, lack of prejudice, or any other grounds
as a substitute for the failure of the Contractor to comply with the express
written notice requirements herein. Computer notification (e -mails and
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message boards) shall not constitute proper written notice under the terms of
the Agreement.
SECTION 19: DESIGNATED REPRESENTATIVES.
(a) The City Manager or the Designated Representative represents the City in all
matters pertaining to and arising from the work and the performance of this
Agreement.
(b) The City Manager or the Designated Representative shall have the following
responsibilities:
(1) Examination of all work and rendering, in writing, decisions indicating
the City's approval or disapproval within a reasonable time so as not
to materially delay the work of the Contractor;
(2) Transmission of instructions, receipt of information, and interpretation
and definition of City's policies and decisions with respect to design,
materials, and other matters pertinent to the work covered by this
Agreement;
(3) Giving prompt written notice to the Contractor whenever the City
knows of a defect or change necessary in the project; and
(c) Until further written notice, the City's Designated Representative for this
Agreement is:
Tom George
Public Works Director
City of Sanford
Sanford, Florida 32771
Telephone Number: 407 - 330 -5681
E -mail Address: georget @ci.sanford.fl.us
(d) Prior to start of any work under this Agreement, the Contractor shall submit
to the City detailed resumes of key professional personnel that will be
involved in performing services described in the work. The City hereby
acknowledges its acceptance of such personnel to perform services under
this Agreement. At any time hereafter that the Contractor desires to change
key professional personnel in an active assignment, it shall submit the
qualifications of the new professional personnel to the City for prior approval.
Key professional personnel shall include the principal -in- charge, project
managers, and others interfacing with City personnel.
15
(e) Until further written notice, the Contractor's Designated Representative for
this Agreement is:
Telephone Number: (727)224 -8453
E -mail address: rbragan @lewistree.can
SECTION 20: WORK ORDERS.
(a) The provision of services to be performed under this Agreement may
commence immediately upon the execution of this Agreement. Services to
be provided by the Contractor to the City shall be negotiated between the
Contractor and the City. Each Work Order shall reference this agreement by
title and date, include a detailed description of quantities, services, and a
completion schedule, and will be provided on Contractor letterhead.
Services described in said Work Order will commence upon the issuance of
a City Notice -To- Proceed.
(b) If the services required to be performed by a Work Order is clearly defined,
the Work Order shall be issued on a "Fixed Fee" basis. The Contractor shall
perform all services required by the Work Order but in no event shall the
Contractor be paid more than the negotiated Fixed Fee amount stated
therein.
(c) The Contractor and the City agree to make every effort to adhere to the
schedule established for the various Work Orders described in the Work
Order.
(d) If the services are not clearly defined, the Work Order may be issued on a
"Time Basis Method" and contain a Not -to- Exceed amount. If a Not -to-
Exceed amount is provided, the Contractor shall perform all work required by
the Work Order; but in no event shall the Contractor be paid more than the
Not -to- Exceed amount specified in the applicable Work Order.
(e) For Work Orders issued on a "Fixed Fee Basis," the Contractor may invoice
the amount due based on the percentage of total Work Order services
actually performed and completed; but in no event shall the invoice amount
exceed a percentage of the Fixed Fee amount equal to a percentage of the
total services actually completed.
(f) For Work Orders issued on a "Time Basis Method" with a Not -to- Exceed
16
amount, the Contractor may invoice the amount due for actual work hours
performed; but in no event shall the invoice amount exceed a percentage of
the Not -to- Exceed amount equal to a percentage of the total services
actually completed.
(g) Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with
a Not -to- Exceed amount shall be treated separately for retainage purposes.
If the City determines that work is substantially complete and the amount
retained, if any, is considered to be in excess, the City may, at its sole and
absolute discretion, release the retainage or any portion thereof.
(h) For Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount, the Contractor may invoice the amount due for services actually
performed and completed. The City shall pay the Contractor one hundred
percent (100°/x) of the approved amount on Work Orders issued on a "Time
Basis Method" with a Limitation of Funds amount.
SECTION 21: CHANGE ORDERS.
(a) The City may revise the Description of Services set forth in any particular
Work Order.
(b) Revisions to any Work Order shall be authorized in writing by the City as a
Change Order. Each Change Order shall include a schedule of completion
for the services authorized. Change Orders shall identify this Agreement and
the appropriate Work Order number. The Change Orders may contain
additional instructions or provisions specific upon certain aspects of this
Agreement pertinent to the services to be provided. Such supplemental
instructions or provisions shall not be construed as a modification of this
Agreement. An Agreement between the parties on and execution of any
Change Order shall constitute a final settlement and a full accord and
satisfaction of all matters relating to the change and to the impact of the
change on unchanged goods and /or work, including all direct and indirect
costs of whatever nature, and all adjustments to the Contractor schedule.
(c) If instructed by the City, the Contractor shall change or revise work that has
been performed, and if such work is not required as a result of error,
omission or negligence of the Contractor, the Contractor may be entitled to
additional compensation. The Contractor must submit for City approval a
revised proposal with a revised fee quotation. Additional compensation, if
any, shall be agreed upon before commencement of any such additional
work and shall be incorporated into the work by Change Order to the Work
Order.
17
SECTION 22: COMPENSATION.
(a) Compensation to the Contractor for the services performed on each Work
Order shall be as set forth the Work Order /Change Order or as set forth in
Exhibit A which enumerates rates and other charges of the Contractor.
(b) The City shall not pay for reimbursable items such as gas, tolls, mileage,
meals, etc. and other items not directly attritbutable to items produced for
each Work Order.
(c) All Work Orders are to include a 0.5% line item for reimbursables, an amount
to be billed against for unanticipated costs ordered by the City, such as
additional copies, postage, etc. This line item is for use by the City and shall
only be billed against the City with prior approval of the Designated
Representative for good cause shown.
(d) Work performed by the Contractor without written approval by the City's
Designated Representative shall not be compensated. Any work performed
by the Contractor without approval by the City is performed at the
Contractor's own election.
(e) In the event the City fails to provide compensation under the terms and
conditions of this Agreement, the Contractor shall notify the City's
Designated Representative in order that the City may take remedial action.
SECTION 23: INVOICE PROCESS.
(a) Payments shall be made by the City to the Contractor when requested as
work progresses for services furnished, but not more than once monthly.
Each Work Order shall be invoiced separately. The Contractor shall render
to the City, at the close of each calendar month, an itemized invoice properly
dated, describing all services rendered as Exhibit B, the Project Status
Report Form, the cost of the services, the name and address of the
Contractor, Work Order Number, Contract Number and all other information
required by this Agreement.
(b) Invoices which are in an acceptable form to the City and without disputable
items will be processed for payment within thirty days of receipt by the City.
(c) The Contractor will be notified of any disputable items contained in invoices
submitted by the Contractor within fifteen days of receipt by the City with an
explanation of the deficiencies.
(d) The City and the Contractor will make every effort to resolve all disputable
items contained in the Contractor's invoices.
18
(e) Each invoice shall referent
and Change Order if applit
Status Report for the perio
attached as Exhibit B.
(f) The Florida Prompt
(g) Invoices are to be forward
this Agreement, the appropriate Work Order
ble, the billing period, and include the Project
being billed. A Project Status Report form is
Act shall apply when applicable.
directly to:
Jim Poulalion
Finance Director
City Of Sanford
300 North Park Avenue
Sanford, Florida 327'65
SECTION 24: TERMINATION OF AGREIEMENT.
(a) The City may terminate this
Agreement or any Work Order for convenience
at any time for one or more
f the reasons as follows:
(1)
If, in the City's opinio
, adequate progress under a Work Order is not
being made by the C
ntractor; or
(2)
If, in the City's opinion,
the quality of the services provided by the
Contractor is /are not
in conformance with commonly accepted
professional standards,
standards of the City, the requirements of
Federal or State regulatory
agencies, and the Contractor has not
corrected such deficiencies
in a timely manner as reasonably
determined by the City;
or
(3)
The Contractor or an
employee or agent of the Contractor is indicted
or has a direct chargE
issued against him for any crime arising out of
or in conjunction witi
any work that has been performed by the
Contractor; or
(4)
The Contractor becomes
involved in either voluntary or involuntary
bankruptcy proceedings,
or makes an assignment for the benefit of
creditors; or
(5)
The Contractor violates
the Standards of Conduct provisions herein or
any provision of State
or local law or any provision of the City Code of
Conduct.
19
I
(b)
In the event of any of the causes described in this Section, the City's
Designated Representative may send a certified letter requesting that the
Contractor show cause why the Agreement or any Work Order should not be
terminated. If assurance satisfactory to the City of corrective measures to be
made within a reasonable time is not given to the City within fourteen
calendar days of the rece pt of the letter, the City may consider the
Contractor to be in default, a d may immediately terminate this Agreement or
any Work Order in progress under this Agreement.
(c) In the event that this Agreem
it is later determined that the
the Work Order shall be deer
the City shall have the righ
recourse by the Contractor.
SECTION 25: TERMINATION BY CO
nt or a Work Order is terminated for cause and
cause does not exist, then this Agreement or
ed terminated for convenience by the City and
to so terminate this Agreement without any
OR FOR CAUSE.
(a) The Contractor may termina e this Agreement if:
(1). The City materially fails to meet its obligations and responsibilities as
contained in Section 4; City Rights and Responsibilities; or
(2). The City fails to pay
(b) In the event of either of t
Contractor shall send a certi
why the Agreement should r
not given to the Contractor
said show cause notice, th
default, and may immediate)
SECTION 26: TERMINATION BY THE
(a) Notwithstanding any other p
the right at any time to termin
or terminate any specific Wi
deemed by the City to be in 1
days prior written notice is
terminate.
Contractor in accordance with this Agreement.
e causes described in Subsection (a), the
ed letter requesting that the City show cause
)t be terminated. If adequate assurances are
ithin fourteen calendar days of the receipt of
Contractor may consider the City to be in
terminate this Agreement.
WITHOUT CAUSE.
- ovision of this Agreement, the City shall have
ate this Agreement in its entirely without cause,
)rk Order without cause, if such termination is
he public interest, provided that thirty calendar
Given to the Contractor of the City's intent to
(b) In the event that this Agree ent is terminated, the City shall identify any
specific Work Order(s ) being terminated and the specific Work Order(s) to be
continued to completion pursuant to the provisions of this Agreement.
20
(c) This Agreement will remain �n full force and effect as to all authorized Work
Order(s) that is /are to be continued to completion.
SECTION 27: PAYMENT IN THE EVENT OF TERMINATION.
In the event this Agreement or any Work Order is terminated or canceled prior to final
completion payment for the unpaid portion of the services provided by the Contractor to the
date of termination and any additional services shall be paid to the Contractor.
SECTION 28: ACTION FOLLOWING TERMINATION.
Upon receipt of notice of termination, gi
promptly discontinue the provision of all
by either party, the terminated party shall
;es, unless the notice provides otherwise.
SECTION 29: SUSPENSION.
(a) The performance or provision of the Contractor services under any Work
Order under this Agreement may be suspended by the City at any time.
(b) In the event the City suspends the performance or provision of the
contractor's services hereunder, the City shall so notify the Contractor in
writing. Such suspension becoming effective upon the date stated in the
notice. The City shall pay to the Contractor within thirty days all
compensation which has be ome due to and payable to the Contractor to the
effective date of such suspension. The City shall thereafter have no further
obligation for payment tote Contractor for the suspended provision of
services unless and until the City's designated representative notifies the
Contractor in writing that the provision of the services of the Contractor called
for hereunder are to be resumed by the Contractor.
(c) Upon receipt of written notice from the City that the Contractor's provision of
services hereunder are to be resumed, the Contractor shall continue to
provide the services to the City.
SECTION 30: ALTERNATIVE DISPUTEI RESOLUTION (ADR).
(a) In the event of a dispute rel ted to any performance or payment obligation
arising under this Agreement, the parties agree to exhaust any alternative
dispute resolution procedures reasonably imposed by the City prior to filing
suit or otherwise pursuing legal remedies.
(b) The Contractor agrees that it will file no suit or otherwise pursue legal
remedies based on facts or videntiary materials that were not presented for
consideration to the City in alternative dispute resolution procedures or which
21
the Contractor had
procedures.
(c) In the event that City procE
remedies are otherwise pu
resolve disputes through vi
procedures to be employ
acceptable to the parties.
equally among the parties I
and failed to present during the City
lures are exhausted and a suit is filed or legal
sued, the parties shall exercise best efforts to
luntary mediation. Mediator selection and the
�d in voluntary mediation shall be mutually
Costs of voluntary mediation shall be shared
3rticipating in the mediation.
SECTION 31: SEVERABILITY.
(a) If any term, provision or cor
extent, be held invalid or urn
the application of such
circumstances other than
unenforceable, shall not be
condition of this Agreemer
extent permitted by law whf
lition contained in this Agreement shall, to any
iforceable, the remainder of this Agreement, or
;rm, provision or condition to persons or
those in respect of which it is invalid or
ffected thereby, and each term, provision, and
shall be valid and enforceable to the fullest
i consistent with equity and the public interest.
(b) All provisions of this Agr(
with all other provisions h
.nt shall be read and applied in Pari Materia
f.
(c) Violation of this Agreement b y the Contractor is recognized by the parties to
constitute irreparable harm to the City.
SECTION 32: CONTROLLING LAWS / VENUE / INTERPRETATION.
(a) This Agreement is to be governed by the laws of the State of Florida.
(b) Venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
(c) This Agreement is the resin
the City and the Contractor
materially to the preparatio
shall not be construed or int
against any other party.
of bona fide arms length negotiations between
nd all parties have contributed substantially and
of the Contract. Accordingly, this Agreement
rpreted more strictly against any one party than
SECTION 33: INDEMNITY.
(a) To the fullest extent permitt
harmless, and defend the (
employees, or any of them,
ed by law, the Contractor shall indemnify, hold
;ity, its agents, servants, officers, officials, and
from and against any and all claims, damages,
22
losses, and expenses includ
legal costs such as those
services, and the actual cos
out of or resulting from the
under this Agreement, provii
error, omission, negligent
conduct, or misconduct of
officials, employees, or Sub
ing, but not limited to, attorneys fees and other
or paralegal, investigative, and legal support
s incurred for expert witness testimony arising
performance or provision of services required
led that same is caused in whole or part by the
ct, failure to act, malfeasance, misfeasance,
the Contractor, its agents, servants, officers,
,ontractors.
(b) In accordance with Section 725.06, Florida Statutes, adequate consideration
has been provided to the Contractor for this obligation, the receipt and
sufficiency of which is hereby specifically acknowledged.
(c) Nothing herein shall be
immunities of the City as
;erred to affect the rights, privileges, and
forth in Section 768.28, Florida Statutes.
(d) In claims against any perso
employee of the Contractor
or indirectly employed by the
the indemnification obligati
limitation on amount or type
by or for the Contractor or
Compensation acts, disabili
or entity indemnified under this Section by an
it its agents or SubContractors, anyone directly
m or anyone for whose acts they may be liable,
n under this Section shall not be limited by a
>f damages, compensation, or benefits payable
its agents or SubContractors, under Workers
✓ benefits acts, or other employee benefit acts.
(e) The execution of this Agreement by the Contractor shall obligate the
Contractor to comply with & e indemnification provision in this Agreement;
however, the Contractor must also comply with the provisions of this
Agreement relating to insure nce coverages.
SECTION 34: INSURANCE.
(a) The Contractor shall obtain or possess and continuously maintain the
following insurance coverage, from a company or companies, with a Best
Rating of A- or better, author zed to do business in the State of Florida and in
a form acceptable to the City and with only such terms and conditions as
may be acceptable to the City:
(1) Workers Compens�
provide Worker Corr
in the work under thi
State of Florida. Em
the following:
$100,000 Each Accid
$100,000 Disease Ee
on /Employer Liability: The Contractor shall
ensation insurance for all employees engaged
Agreement in accordance with the laws of the
oyers' Liability Insurance at limits not less than
ch Employee
23
$500,000 Disease Ac
(2) Comprehensive Gei
coverage for all oper
independent Contra
personal injury with Ii
$1,000,000 Bodily Inj
$1,000,000 Personal
$2,000,000 General
$2,000,000 Products,
$5,000 Medical Payn
$100,000 Fire Damac
Iregate
:ral Liability: The Contractor shall provide
Jons including, but not limited to, contractual,
or, products and complete operations and
sits not less than the following:
iry & Property Damage - each occurrence
& Advertising Injury - each occurrence
aggregate
Completed Operations Aggregates limit
ents
e Legal Liability
(3) Comprehensive Business Automobile Liability: The Contractor shall
provide complete coverage with a combined single limit of not less
than $1,000,000 Bodily Injury and Property Damage in accordance
with the laws of the State of Florida, as to the ownership,
maintenance, and u e of all owned, non - owned, leased or hired
vehicles.
(4) Professional Liability: The Contractor shall provide professional
liability insurance as well as errors and omission insurance in a
minimum amount of $1,000,000 CSL or its equivalent, with a
combined single limit of not less than $1,000,000, protecting the
Contractor against cl ims of the City for negligence, errors, mistakes,
or omissions in the performance of services to be performed and
furnished by the Con ractor.
(5) Other Required Insurance Coverage: Where unusual operations are
necessary to complete the work, such as Longshoremen and Harbor
Workers` Exposures, use of aircraft or watercraft, use of explosives,
and any high risk circumstances. No aircraft, watercraft or explosives
shall be used without he express advance written approval of the City
which may, thereupo, , required additional insurance coverages.
(b) All insurance other than Workers Compensation and Professional Liability
that must be maintained by the Contractor shall specifically include the City
as an additional insured. All insurance minimum coverages extend to any
subcontractor, and the Contractor shall be responsible for all Subcontractors.
(c) The Contractor shall provide Certificates of Insurance to the City evidencing
that all such insurance is ir effect prior to the issuance of the first Work
Order under this Agreement These Certificates of Insurance shall become
part of this Agreement. Neither approval by the City nor failure to disapprove
the insurance furnished by a Contractor shall relieve the Contractor of the
24
Contractor's full responsibilit for performance of any obligation including the
Contractor's indemnification of the City under this Agreement. If, during the
period which an insurance company is providing the insurance coverage
required by this Agreeme t an insurance company shall: (1) lose its
Certificate of Authority, (2) 1
Statutes, or (3) fail to maintai
Category, the Contractor shy
any such circumstance, imm
the insurance coverage prop
insurance company meeting
time as the Contractor ha:
insurance rating acceptable
in default of this Agreement.
o longer comply with Section 440.57, Florida
i the requisite Best's Rating and Financial Size
Il, as soon as the Contractor has knowledge of
Aiately notify the City and immediately replace
ded by the insurance company with a different
:he requirements of this Agreement. Until such
replaced the unacceptable insurer with an
D the City, the Contractor shall be deemed to be
(d) The insurance coverage sh II contain a provision that requires that prior to
any changes in the coverage, except increases in aggregate coverage, thirty
days prior notice will be given to the City by submission of a new Certificate
of Insurance.
(e) The Contractor shall provide Certificate of Insurance directly to the City's
Designated Representative. The certificates shall clearly indicate that the
Contractor has obtained insurance of the type, amount, and classification
required by this Agreement.
(f) Nothing in this Agreement o any action relating to this Agreement shall be
construed as the City waiver of sovereign immunity beyond the limits set
forth in Section 768.28, Florida Statutes.
(g) The City shall not be obligatE
any party other than the Con
this Agreement that have an
the owners of vehicles tow(
beneficiaries in considerati(
to be towed and are declare
this Agreement where the
understood that such owner
reasonable costs, expenses
I or liable under the terms of this Agreement to
actor. There are no third party beneficiaries to
right against the City; provided, however, that
I hereunder are considered to be third -party
i of their forbearance in allowing their vehicles
to have standing to enforce the provisions of
provisions inure to their benefit. It is further
hall, upon prevailing, be entitled to recovery of
and attorney's fees.
(h) The Contractor is an in
representative, or employe(
except as specifically provid
(i) All insurance shall be prima
self- insurance maintained b
ependent Contractor and not an agent,
of the City. The City shall have no liability
d in this Agreement.
to, and not contribute with, any insurance or
the City.
25
SECTION 35: EQUAL OPPORTUNITY EMPLOYMENT / NON - DISCRIMINATION.
The Contractor agrees that it will not disc iminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age,
national origin, or disability and will take affirmative steps to ensure that applicants are
employed and employees are treated during employment without regard to race, color,
religion, sex, age, national origin, or disability. This provision shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment
advertising; layoff ortermination; rates of payortheirforms orcompensation; and selection
for training, including apprenticeship. The Contractor, moreover, shall comply with all the
requirements as imposed by the Amer' ns with Disability Act, the regulations of the
Federal government issued thereunder, a d any and all requirements of Federal or State
law related thereto.
SECTION 36: ACCESS TO RECORDS /AUDIT /PUBLIC RECORDS.
(a) The Contractor shall maintain books, records, documents, time and costs
accounts, and other evidence directly related to its provision or performance
of services under this Agreement. All time records and cost data shall be
maintained in accordance with generally accepted accounting principles.
(b) The Contractor shall maintai and allow access to the records required under
this Section for a minimum eriod of five years after the completion of the
provision or performances rvices under this Agreement and date of final
payment for said services, or date of termination of this Agreement.
(c) The City reserves the right to unilaterally terminate this Agreement if the
Contractor refuses to allow public access to all documents, papers, letters, or
other materials subject to provisions of Chapter 119, Florida Statutes, and
other applicable law, and made or received by the Contractor in conjunction,
in any way, with this
(d) The City may perform, or ca
the Contractor before or aft
any Work Order issued hers
mutually agreeable to the Cc
the final fiscal period in wh
compensation to the Contra
as provided for in this Sect
shall be used to calculate fi
audit shall not delay final pE
ent.
se to have performed, an audit of the records of
r final payment to support final payment under
under. This audit shall be performed at a time
ntractor and the City subsequent to the close of
-h services are provided or performed. Total
:tor may be determined subsequent to an audit
>n, and the total compensation so determined
al payment to the Contractor. Conduct of this
Iment as required by this Section.
(e) In addition to the above, if Federal, State, County, or other entity funds are
used for any services under this Agreement, the Comptroller General of the
26
United States or the Chief Financial Officer of the State of Florida, or the
County of Seminole, or any representative, shall have access to any books,
documents, papers, and records of the Contractor which are directly
pertinent to services provided or performed under this Agreement for
purposes of making audit, examination, excerpts, and transcriptions.
(f) In the event of any audit or i spection conducted reveals any overpayment
by the City under the terms of the Agreement, the Contractor shall refund
such overpayment to the Ci y within thirty days of notice by the City of the
request for the refund.
(g) The Contractor agrees to fully comply with all State laws relating to public
records.
(h) The Contractor agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the records
shall be retained until all litigation, claims, or audit findings involving the
records have been resolved and final action taken.
SECTION 37: COUNTERPARTS.
This Agreement may be executed in any umber of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same
document.
SECTION 38: SUBMITTALS.
The following are items the Contractor must submit to the City as stated in this Agreement:
(a) Description of Services — Port of Exhibit A.
(b) Worker compensation insurance for all employees; Section 34, Paragraph (a)
(1)
(c) Certificates of insurance; Section 34, Paragraph (c)
(d) Conflict of Interest Statement; Section 17, Paragraph (c)
This Agreement describes each item listed above in detail. All documents provided to the
City must be accurate and updated certifying the Contractor is proceeding correctly.
27
SECTION 39: EXHIBITS.
Each Exhibit referred to and attached to this Agreement is an essential part of this
Agreement. The Exhibits and any amendments or revisions thereto, even if not physically
attached hereto, shall be treated as if they are part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: the City through its City
Commission taking action on the 28th day of Nove nber , 2006, and the
Contractor signing by and through its duly authorized corporate officer having the full and
complete authority to execute same.
ATTEST:
eph Redman, Treasurer /Director
Authorized Corporate Officer
Date:
ATTEST.
Cd4t
Janet Dougherty, CiVy Clerk
Date: x '/ m& - 7
CONTRACTOR
By
hard Alt, President Director
Authorized Corporate Officer
CITY OF SANFORD
Linda Kuh
Mayor
Approved as to form and legal sufficiency.
William L. Colbert, Esquire
City Attorney
Date
:'
EXHIBIT A
The contractor shall initiate "Emergency Work" within 24 hours from notification
by City of Sanford.
2.4 Contractor shall prune trees for safety clearance to a minimum of 17 feet above the
highest point of the roadway and 9 feet above highest point of sidewalks and
bicycle paths. All debris shall be properly disposed of at the expense of the
Contractor.
2.5 Contractor shall prune trees that obstruct street light illumination at various
locations citywide to achieve results exemplified in "Exhibit A"
2.6 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.
2.7 Work shall be performed in accordance to the American National Standards
Institute (ANSI) Tree Pruning Guidelines A300 -1995.
2.8 Contractor shall utilize "City approved" door hangers for entire work site
proximity a minimum of 7 working days in advance of all regular or scheduled
work orders.
2.9 Contractor shall grind stump and all roots, which may affect the final outcome of
the project, as directed by the Contract Manager. Contractor shall remove all
materials from project, which have been disturbed and/or are not pre- approved for
remaining on project after completion by Contractor.
2.10 Contractor shall remove underbrush (up to four inches in diameter, measured 12"
above grade), cut flat and close to grade level, back to the City right -of -way,
unless otherwise indicated. All debris shall be properly disposed of and all stumps
shall be immediately treated with the pesticide approved by the City.
ALL ITEMS FROM THIS POINT MUST BE INCLUDED WITH BID SUBMISSION:
In accordance with the foregoing terms, conditions and specifications, the undersigned bidder hereby
submits the following firm, fixed prices for supplying City of Sanford with tree trimming, tree removal, stump
grinding and emergency response as follows:
PART 1 GENERAL
BID FORM
This Bid, for the (1) Tree and Stump Removal and Emergency Response, Number IFB 05/06-
28, is hereby made to The City of Sanford, Florida. This Bid is submitted by (2)
Lewis Tree Service, Inc.
300 Lucius Gordon Drive
W. Henrietta. NY 14586
(585)436 -3208
(1) Title and Solicitation number of Bid/Proposal Name of Project as shown in the Invitation
(2) Name, address, and telephone number of Bidder
1.02 The Undersigned:
A. Acknowledges receipt of:
Addenda: Number Dated
Number Dated
IFB- 05/06 -28 tree trimming, removal, stump grinding, etc. 16
OCT-14-2006 10:43AM FROM-LEWIS TREE SERVICE
+565 -235 -5864 T -027 P.D02/002 F -227
B. Has examined the site and all Bidding Documents (including but not limited to the
attached contract form) and understands that in submitting his Bid, he/she
waives all right to plead any misunderstanding regarding the some and further
agrees.
1. To hold this Bid open for 60 calendar days after the bid opening date.
2. By signing this document the BIDDER/OFFE:ROR hereby agrees to be
bound by the specifications, terms, conditions, scheduling pricing and
representations as stated and submitted with this bid form. However, it is
understood that the City reserves the right to declare any bid or parts)
thereof nonresponsive if exceptions to specifications, terms, conditions,
etc. of the solicitation are not acceptable In the opinion of the City to meet
the requirements of said solicitation.
2. To enter Into and execute a contract with the Owner, tf awarded on the
basis of this Bid, and to furnish a Performance Bond and a Labor and
Material Payment Bond, if required In accordance with the Instructions to
Bidders.
3. To accomplish the work In accordance with the Contract Documents
and/or purchase order.
Bidder r-ornpaMiNsmg. IjeWiS nC.
F. E. I. N. orgy dumber. 16- 1004851
MallIng Aderonr. 300 Lucius Gordon Dr
SV"tAddraea: same as nailing address
Stale, Zip: W.
Henr- iett:a, NY 14586
city stem L :
Typo or rrpOr (CIRk onC1
50
I berrby cerwy u,er diV bti s nude WUAOW prior vnderaaatM$r, agreement
Co"redon
Ps"Mrshlp Proprt&torshlp
or camec&n W n any carport Arts, er person submiNng s bid for the
same fs ftdab. SUPANss or and is M at/ napsers h!r enp Wig Ut
>12" to 24" diameter
Joint Yontura
W/w
oion orrraua Isolve a cerft tbsf
I tvn aufborfred to aJpn I0r .
$ 350.00
- $35 000.00
X -
>24" to 36" diameter
30
Author1mO81gnetury nual)
$ w`r, nn
1#?cofMr2thd In U,& State &r:
New York v ;, r. 1973
Tres honsNumbbr.
585 436 -3208
7 dorPrinted Nome: Rlrt]ard Alt:
Toll Frog Yolophaft Number.
*033-1593
Tide: President
Fos Humber.
585 235 -5864
Der In dep. ARO
Payment Terns:
—Yo _ days. Net 30
F.Mb.: DESTINATION
Old 86curi is &*ached hon r%qk A rj pd, In the *mount o% i
GROUP A. TREE REMOVAL : Measured according to N.A.A. standards. All debris must
removed and the work site left in a safe condition.
A 4 onl ITIUC I ef%1J 1Man1 a rLrn
Item -No.
Description
Estimated 0
Units .
Unit Price
Total Price
001
4" to 12& diameter
50
EA
$ 50-'00
$ 2,500.00
002
>12" to 24" diameter
100
EA
$ 350.00
- $35 000.00
003
>24" to 36" diameter
30
EA
$ w`r, nn
$mac nn
W&05M 3-28 Ime trimming, rer mi, stump gfWleg, etc. 17
004 1 >36" diameter 1 15 1 EA 1 $ 1,500.00 1 $ 22, 500.00
A.2 EMERGENCY 24 HR- RESPONSE
TOTAL A.1 $ 85, 350.00
Item No.
Description
Estimated Qty.
Units
Unit Price
Total Price
Total Price
001
4" to 12" diameter
25
EA
$
50.00
$
1,250.00
002
>12" to 24" diameter
75
EA
$
350.00
$
26,250.00
003
>24" to 36" diameter
30
EA
$
845.00
$
25,350.00
004
>36" diameter
10
EA
$ 1,500.00
$
1 $
15, 000.00
A.3 UNDER BRUSHING
TOTAL A.2 $ 67, 850.00
Item No.
Description
Estimated Qt .
Units
I Unit Price
Total Price
001
0" to 4" diameter
250,000
LF
1 $ 1.47
$ 368,750.00
TOTAL A.3 $
368,750.00
GROUP B. STUMP GRINDING : Measured according to N.A.A. standards. All debris should be
removed and the work site left in a safe condition. This should include grinding and removal of all roots in the
area, which would affect the overall outcome of the project.
Q 7 Or%l M1A1C / 0f I=M
Item No.
Description
Estimated Qty.
Units
I
Unit Price
001
Total Price
001
4" to 12" diameter
50
EA
$
85.00
$
4,250.00
002
>12" to 24" diameter
125
EA
$
145.00
$
18 125.00
003
>24" to 36" diameter
50
EA
$
260.00
$
13 000.00
004
>36" diameter
15 1
EA
$
375.00
$
5,625.00
B.2 EMERGENCY 24 HR- RESPONSE
TOTAL B.1 $ 41, 0
Item No.
Description
Estimated Qty.
Units
Unit Price
Total Price
001
4" to 12" diameter
25
EA
$
$
85.00
2,125.00
002
>12" to 24" diameter
25
EA
$
$
145.00
3,625.00
003
>24" to 36" diameter
100
EA
$
$
280.00
28,000.00
004
>36" diameter
30
EA
$
$
375.00
11, 250.00
TOTAL B.2 $ 45,000.00
IFB- 05/06 -28 tree trimming, removal, stump grinding, etc. 1
Lewis Tree Service, Inc.
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.
C.1 ROUTINE / SCHEDULED
Item No. Description
Estimated Qty.
Units
Unit Price Total Price
001 Clearance Trimming
250,000
LF
$ .475 $ 118,750.00
002 Street Lights
600
EA
$ 12.00 $ 7,200.00
TOTAL CA $ - 125, 950.
G.2 EMERGENCY RESPONSE
BY THE
Item No. Description
Estimated Q .
Units
— F
Unit Price Total Price
001 Clearance Trimming
50,000
LF
$ .475 $ 23, 750.00
TOTAL C.2 $
23,75
$ 757,650.00
A 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.Prices for these crews should be total cost per hour. 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 F.MF.RC -F.NCV 9d ua RFCanticG
IFB- 05/06 -28 tree trimming, removal, stump grinding, etc. 1
Lewis Tree Service, Inc.
BY THE
BY THE
BY THE
BY THE
BY THE
CREWS
HOUR
WEEK
MONTH
CREWS
HOUR
WEEK
1 Bucket Truck
1 Bucket Truck
I Chipper
1 Chipper
2 Men
$ 73 /hr
$ __§5 /hr
$ 58 /hr
2 Men
$ 95 /h
$ 95 /h
1 Bucket Truck
1 Bucket Truck
1 Chipper
1 Chipper
$ 1 20 /hr
$ 120 /hr
3 Men
$ —§8 /hr
$ 85 /hr
$ 78 /hr
3 Men
1 Bucket Truck
1 Bucket Truck
1 Chipper Truck
1 Chipper Truck
1 Chipper
$ 98 /hr
1 Chipper
$ 130 /hr
$ _130 /h
3 Men
$ 95 /hr
$ 88 /hr
3 Men
1 Bucket Truck
1 Bucket Truck
1 Chipper Truck
1 Chipper Truck
1 Chipper
$ j 3- /hr
$ 110 /hr
1 Chipper
4 Men
$ 99 /hr
4 Men
$ 155 / h
$ _155 /h
IFB- 05/06 -28 tree trimming, removal, stump grinding, etc. 1
Lewis Tree Service, Inc.
ROUTINE / SCHEDULED
EMERGENCY 24 HR RESPONSE
Per extra Chipper
$ 5 /hr
$ 4 /hr
$ 3 /hr
Per extra Chipper
$ 5 /hr.
$ 5 /hr
Per extra
Bucket Truck
$ 15 /hr
$ 14 /h
$13 p er hr.
Per extra
Bucket Truck
$ 15per hr.
$ 15 per hr.
Per extra
Ground Person
$ 25 p er hr.
$ 25 p er hr.
$ per hr.
Per extra
Ground Person
$ 1 5per hr.
$ 15 per hr.
BIDDER INFORMATION
Bidder shall complete either the "Corporate Authority," "Proprietorship,"
"Partnership Information" or, "Joint Venture Information" portion of the Bidder
Information Sheet, whichever part applies, and include with their bid submittal.
CONTRACTING TITLE OFFICER'S,FULL LEGAL NAME
OFFICER - .'.._
I I President l Richard C. Alt N
I I Vice - President I Thomas R. Rogers I
fiW�:i
Treasurer Joseph L. Redman
w
. PROPRtE3RSt =1lP
Proprietor:
Indicate with an asterisk (') in the first column, which officer will sign the resulting contract. If other than the President,
include a copy of the corporate resolution which gives express authority for execution of the specific bid and contract
documents. Each bidder must assure that the officer information provided is in accord with the bidder's corporate
registration sunnlied to the Secretary of State_
PAR"TNERSKO JNFf3RMATION
Partner: Full Limited
Partner: Full Limited
Partner: Full Limited
If your firm is a partnership, indicate Tor each partner whether nelsne is a Twi or nmitea partner oy Utccunu either -- tuir
or "limited ". Manaoina partners with authoritv to bind the partnership should be identified.
IFB- 05/06 -28 tree trimming, removal, stump grinding, etc. 20
Lewis Tree Service, Inc.
Firm #1
Firm #2
Firm Name:
Firm Name:
Address:
Address: —
City/State/Zip:
City /State /Zip: _
Telephone:
Telephone:
Fax Number:
Number: ----------
President:
President:
Other Corporate
Other Corporate
Authority
Authority
(signatory)____
(signatory)
Firm #3
Firm #4
Firm Name:
Firm Name:
Address: _ _
Address: —
City /State /Zip
City /State /Zip: —_
Telephone:
Telephone:
— _
Fax Number:
Fax Number:___
President:
President:
Other Corporate
Other Corporate
Authority
Authority
(signatory)----
(signatory) --
Project Name: Tree T-rimnim, Tree Removal Stump Gr' & Bner en
Owner: Seminole County GoverTmnt
Reference Name:
Reference Address: 1101 East First Street
Phone Number: 407 665 -7116 Fax Number:
Fees Earned:
Project Total Cost: $389,736.17
Project Completion Date: Se ember 30 2006
Actual Completion Date: Septenber 30 200
Over / Under Budget in $ and %:
Summary of Work:
Tree TrintniM, tree removal, and stump grindin
Comments:
Project Name: Tree Removal & TriHndmg
Owner: City of Jacksonville
IFB- 05/06 -28 tree trimming, removal, stump grinding, etc. 21
Reference Name: SC- 0265 -02
Reference Address: 117 West Duvall St.
Phone Number: 904 630 -1170 Fax Number:
Fees Earned:
Project Total Cost: $785,712.61
Project Completion Date: September 30, 2006
Actual Completion Date: September 30 2006
Over / Under Budget in $ and %: 0
Summary of Work:
Tree tr" and removal
Comments:
This Form Must Be Completed and Returned with your Submittal
References
( 352 )735 -7151
City of Mt. Dora Freddy Abston 352 516 -1588
( 352 )728 -9815
City of Leesburg Bruce Kir by 352 516 -8063
( 941 )861 -0844
Sarasota County I Tim Eiseler 941 50 -0738
IFB- 05/06 -28 tree trimming, removal, stump grinding, etc. 22
References who are located in foreign countries are not acceptable.
Does Bidder have any similar work in progress at time of Bid Opening?
LIJ Yes No If' Yes ", explain: See Attached
93M FIVEESERVICE, INC.
300 Lucius - Gordon Drive
West Henrietta, NY 14586
(585) 436 -3208 • Fax: (585) 235 -5864
City of Sanford — IFB 05/06 -28
City of Jacksonville — Tree Trimming, Tree Removal, Stump Grinding
Seminole County Government — Tree Trimming, Tree Removal, Stump Grinding
Sarasota County — Tree Trimming, Tree Removal, Stump Grinding
"A Half Century of Service — A Lifetime of Commitment."
Disputes Disclosure Form 435 -1
Answer the following questions by answering "YES" or "NO ". If you answer "YES ", please explain in the
space provided, please add a page(s) if additional space is needed.
1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended
by the Department of Professional Regulation or any other regulatory agency or professional
association within the last five (5) years? _No
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from
a contract or job related to the services your firm provides in the regular course of business within
the last five (5) years? NO _
3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or
litigation in the past five (5) years that is related to the services your firm provides in the regular
course of business? _ No _ If yes, the explanation must state the nature of the request for
equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or
status of suit and the monetary amounts or extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of
the project identified.
FORM NO. DSPT 12.204
REFERENCE IFB 05/06 -28 Tree Trimming, Tree Removal, Stump Grinding and Emergency Response
THIS FORM MUST BE SUBMITTED WITH BID
Thcmas R. Rog(ars Senior Vice President
Printed or Typed Name and Title
Drug -Free Work Place 435 -2
The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named
below does:
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 bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere 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.
FORM NO. DFWP 14.204
REFERENCE IFB 05/06 -28 Tree Trimming, Tree Removal, Stump Grinding and Emergency Response
THIS FORM MUST BE SUBMITTED WITH BID
Printed or Typed Name and Title
Florida Statutes On Public Entity Crimes 435 -3
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to The City of Sanford
b Thomas R. Rogers on behalf of Lewis Tree Service, Inc_
whose business address is: 300 Lucius Gordon Drive
W. Henrietta, NY 14586
and (if applicable) its Federal Employer Identification Number (FEIN) is _16= (If the entity has
no FEIN, include the Social Security Number of the individual signing this statement: 061 (46 1
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any bid or contract for goods or services, any lease for real
property, or any contract for the construction or repair of a public building or public work, involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. 1 understand the "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilt or nolo contendere.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts let by a public entity, or which
otherwise transacts or applies to transact business with a public entity. The term "person" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Please indicate which statement applies.)
__X__ Neither the entity submitting this sworn statement, nor any of its officers, director, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
any affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989.
REFERENCE IFB 05/06 -28 Tree Trimming, Tree Removal, Stump Grinding and Emergency Response
THIS FORM MUST BE SUBMITTED WITH BID
_ The entity submitting this sworn statement, or one of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or any
affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC EN PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOL M NT P VID IN CTION 287.017, IDA
LOR
STATUTES FOR CATEGORY TWO OF ANY CHANGE T IN OR TI CO AINED IN THI ORM.
--- October 16, 20
- - - - - -- (date) -
State of t=lerida t J l old►'
County of — _— m6nC9� ------- - ---
On this 1(0 day of - - - _ _, 20A, before me, the undersigned Notary Public of the State of
Florida, personally appeared n
2
-------- 'Cl!lo ______ and --------------------------
(Name( ) of individuals who appeared before notary)
whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed
it.
WITNESS my hand
and official seal. /L-
NOTA PUBLI ATE OF 1 _ jqiw
NOTARY PUBLIC
SEAL OF OFFICE:
(Name of Notary Public: Print, Stamp, or Type as Commissioned.)
Personally known to me, or
Produced identification:
DOMENICK J. PARIS
Notary Public, State of New York (Type of Identification Produced)
Ontario County, #01 PA6110191 __ DID take an oath, or
Commission Expires � Z`�_ p$ DID NOT take an oath.
FORM NO. PEC 15.204
00435 -4
REFERENCE IFB 05/06 -28 Tree Trimming, Tree Removal, Stump Grinding and Emergency Response
THIS FORM MUST BE SUBMITTED WITH BID
Certification of Non - Segregated Facilities 435 -5
By affixing his signature to this form, the Bidder certifies that he does not maintain or provide for
his employees any segregated facilities at any of his establishments, and that he does not
permit his employees to perform their services at any location, under his control, where
segregated facilities are maintained. The Bidder certifies further that he will not maintain or
provide for his employees any segregated facilities at any location under his control where
segregated facilities are maintained. The Bidder agrees that a breach of this certification will be
a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid.
As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms
and other storage and dressing areas, parking lots, drinking fountains, recreation or
entertainment area, transportation and housing facilities provided for employees which are
segregated by explicit directive, or are in fact segregated on the basis of race, color, religious
disability or national origin, because of habit, local custom, or otherwise. The Bidder agrees that
(except where he has obtained identical certifications from proposed subcontractors for specific
time periods) he will obtain identical certifications from proposed subcontractors prior to the
award of subcontracts exceeding $10,000 which are not exempt from the provisions of the
Equal Opportunity clause, and that he will retain such certifications in his files.
The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as
amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and
implementations of rules and regulations prescribed by the United States Secretary of Labor are
incorporated herein.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Official Address:
Lewi Tree Service, Inc.
300 Luc Gordon Drive
FORM NO. SFAC 16.204
REFERENCE iFB 05/06 -28 Tree Trimming, Tree Removal, Stump Grinding and Emergency Response
THIS FORM MUST BE SUBMITTED WITH BID
Print Name Title
Conflict of Interest Statement 435 -6
1. Thomas R. Roge - -___ of Lewis Tree Serg Inc deposes and states that
Name of Affiant Name of Company
2. The above named entity is submitting an Expression of Interest for the City of Sanford project
identified below.
3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based
upon his 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 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 any one 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 any one associated with them have any potential conflict of
interest due to any other clients, contracts, or property interests for this project.
8. 1 certify that no member of the entity's ownership, management, or staff has a vested interest in any
aspect of or Department of the City of Sanford.
9. 1 certify that no member of the entity's ownership or management is presently applying for an
e ployee posi ' r a seeking an elected position with City of Sanford.
�0. e event at a co ct of i erest is identified in the provision of services, I, on behalf of the above
a ed entit , will III e ately n tify the City of Sanfoo writing.
Of
October 16, 2006
Date
T homa s R. R ogers, Smior _Vic Preside
Typed or Printed Name of Affiant Title
State of Fla, County of —_ axro-f,- - _ — ___
On this —La _day of _ber 20D6 before me, the undersigned Notary Public of the State of
Florida, persona appeared n p
and
�o
(Name(s) of dividuals who appeared before notary)
whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed
it.
WITNESS my hand
and official seal.
--- - - - - -- — -- - - - -- - - - --
NOTAR B IC T E OF F69RIBA fVe�,Jy
NOTARY PUBLIC
SEAL OF OFFICE: I �n i-e Y � A.Y'1�
(Name of Notary Public: Print, Stamp, or Type as Commissioned.)
DOMENICKJ. PARIS _ Personally known to me, or
Notary Public, State of Ncw York Produced identification:
Ontario County, #01 PA
� 61101 ---------------
Commission Expires (Type of Identification Produced)
DID take an oath, or
DID NOT take an oath.
FORM NO. CFI 18.204
REFERENCE IFB 05/06 -28 Tree Trimming, Tree Removal, Stump Grinding and Emergency Response
THIS FORM MUST BE SUBMITTED WITH BID
00618
INSURANCE AND BONDING REQUIREMENTS WHICH MUST BE MET
1. The CONTRACTOR bidder shall be required to provide, to the Purchasing Agent, prior to signing a
contract for or commencing any work, a Certificate of Insurance which verifies coverage in compliance
with the requirements outlined below. Compliance of said certificate must be acknowledged by the
Purchasing Agent prior to start of work. Any work initiated without completion of this requirement
shall be unauthorized and the City of Sanford will not be responsible.
2. The City of Sanford reserves the right to require coverage and limits as considered to be in its best
interests. Insurance requirements shall be on a case by case basis determined by the project, conditions
and exposure.
3. Except for Professional Liability Policies and workers compensation policies, when required, all policies
are to be endorsed to include the City of Sanford as Additional Insured. In the cancellation clause
the number "30" shall be inserted into the blank space provided prior to the words "days prior notice... ".
All contractor policies are to be considered primary to City coverage and shall not contain co- insurance
provisions.
4. In the event that the insurance coverage expires prior to the completion of the project, a renewal certificate
shall be issued 30 days prior to said expiration date.
5. Subcontractors retained by the Prime Contractor are the responsibility of said Prime Contractor in all
respects
6. Insurance requirements:
COVERAGE REQUIRED
MINIMUM POLICY LIMITS
Workers' Compensation
Statutory
Commercial General Liability including Contractual Liability, Products and
Completed Operations, XCU and. Owners and Contractors Protective
$ 1,000,000 PER OCCURANCE
$2,000,000 AGGREGATE
Comprehensive Auto Liability, CSL, shall include "any auto'
$ 1,000,000 CSL
(NOTE: All limits are per occurrence and must include Bodily Injury and Property Damage. All policies
must be written on occurrence form and not on claims made form.) (All deductibles and self insured
retentions must be approved by the City of Sanford.) (All insurers must have an A.M. Best rating of at least
A -VII.)
7. Bonding Required: None
8. It is noted that failure to provide of an certificate of insurance in compliance with the above within
FOUR (4) days of notification of award and to continue the coverage without a break. At the discretion of
the City of Sanford a bidder /contractor may be placed in default status if required insurance coverage or
bonding is not maintained without a break in coverage.
9. By signing the Bid Form associated with the solicitation identified below, I hereby certify that if the
contractor on whose behalf this information is submitted is awarded a contract for any portion of the work
contemplated, the insurance and bonding requirements outlined above shall be met as required.
REFERENCE IFB 05/06 -28 Tree Trimming, Tree Removal, Stump Grinding and Emergency Response
THIS FORM MUST BE SUBMITTED WITH BID
CITY OF SANFORD
Exhibit B
Project Status Report
Project Name:
Project Manager:
Status Report Period; From: To:
Phase: Planning ❑ Design ❑ Bidding ❑ Construction ❑
1. In paragraph form, list the current status of the project and work
completed this Billing Period.
2. In paragraph form, list all milestones reached this Billing Period.
3. In paragraph form, list any pending issues or items of note.
Project Manager Signature: Date: