1183-Girard Environmental Services-Northshore/Marina IslandCorn,1�3
CITY OF SANFORD AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into the I y !!j day of
by and between the City of Sanford, Florida, whose address is 300 North Park Avenue;
Sanford, Florida 32771, a municipal corporation of the State of Florida, holding tax
exempt status, hereinafter referred to as the "CITY" and GIRARD Environmental
S ervices, a Florida Corporation authorized to do business in the State of Florida,
whose principal and local address is 701 Codisco Way, Sanford, FL 32771 hereinafter
referred to as the "CONTRACTOR ". The CITY and the CONTRACTOR are collectively
referred to herein as the Parties.
IMTNESSETH:
WHEREAS, the CITY desires to retain the CONTRACTOR for services
associated with the North Shore /Marina Island, Phase 11 Project, and
WHEREAS, the CITY desires to retain the CONTRACTOR to provide Landscape
Services, as subsequently specifically set out in Work Orders to be issued under this
Agreement; and
WHEREAS, the CITY desires to employ the CONTRACTOR for the performance
necessary 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, the CITY desires to retain the CONTRACTOR to provide all labor
and services in accordance with, but not limited to, the guidelines in the Scope of Work;
and
WHEREAS, the CITY desires to use the expertise and knowledge of the
CONTRACTOR; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
SECTION 1: GENERAL PROVISIONS.
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(a) The term "CONTRACTOR" as used in this Agreement is hereby defined
herein as that person or entity, including employees, servants, partners, principals,
agents and assignees providing services under this Agreement.
(b) The CONTRACTOR acknowledges that the CITY may retain other service
providers to provide the same services for CITY projects. The CONTRACTOR
acknowledges that the CITY, at the CITY's option, may request proposals from the
CONTRACTOR and the other service providers for CITY projects. The CITY reserves
the right to select which services provider shall provide services for the CITY's projects.
(c) The CONTRACTOR agrees to provide and ensure coordination between
services providers.
(d) The recitals herein are true and correct and form and constitute a material
part of this Agreement upon which the parties have relied.
(e) 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 certify that he /she/they is/are
authorized to bind the CONTRACTOR fully to the terms of this Agreement.
(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) When the term "law" is used herein, said phrase shall include statutes,
codes, rule and regulations of whatsoever type or nature enacted or adopted by a
governmental entity of competent jurisdiction.
(h) 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.
(i) Persons employed by the CONTRACTOR in the provision and
performance of the 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.
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0) No claim for services furnished by the CONTRACTOR not specifically
provided for herein or in a Work Order shall be honored by the CITY.
SECTION 2: SCOPE OF SERVICES.
(a) The CONTRACTOR shall safely, diligently and in a professional and
timely manner perform, with its own equipment and assets, and provide services
included in each subsequently entered Work Order. 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.
(b) The CONTRACTOR shall provide the services as generally set forth and
described in Exhibit "A" to this Agreement and specifically detailed in various Work
Orders as may be issued from time -to -time by the CITY.
SECTION 3: WORK ORDERS.
(a) The provision of services to be performed under the provisions of this
Agreement shall be commenced as set forth in the CITY's bid /procurement documents
upon the execution of this Agreement and a Work Order issued on a form provided by
the CITY hereunder commencing the provision of services. Additional services to be
performed by the CONTRACTOR to the CITY, shall be authorized in written Work
Orders issued by the CITY on a form provided by the CITY. Work Orders executed by
the CITY shall include a detailed description of services and a completion schedule.
The CONTRACTOR shall review Work Orders and notify the CITY in writing of asserted
inadequacies for the City's correction, if warranted.
(b) If the services required to be performed are 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. 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.
(c) If the services are not clearly defined, the Work Order may be issued on a
"Time Basis Method" and may 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. The CONTRACTOR shall advise the
CITY whenever the CONTRACTOR has incurred expenses on any Work Order that
equals or exceeds eighty percent (80 %) of the Not- to-Exceed amount. For Work Orders
issued on a "Time Basis Method" with a Not -to- Exceed amount, the CONTRACTOR
may invoice the amount due for actual work hours performed but, in no event, shall the
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invoice amount exceed a percentage of the Not -to- Exceed amount equal to a
percentage of the total services actually completed.
(d) 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 which
shall be prescribed on the face of the Work Order, but, if not prescribed, shall be ten
percent (10 %). If the CITY determines that work is substantially complete and the
amount retained is considered to be in excess, the CITY may, at its sole and absolute
discretion, release the retainage or any portion thereof.
(e) 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 and be accompanied by a Progress
Status Report as set forth and described in Exhibit B to this Agreement. The
CONTRACTOR shall render to the CITY, at the close of each calendar month, an
itemized invoice properly dated, describing any services rendered, the cost of the
services, the name and address of the CONTRACTOR, Work Order Number, Contract
Number, Exhibit B as required and all other information required by this Agreement.
SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED.
Execution of this Agreement by the CONTRACTOR is a representation that the
CONTRACTOR is familiar with the services to be provided and /or performed and with
local conditions. 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 is well acquainted with performing
and providing the services described in this Agreement and to be identified Work Orders
and that it is well acquainted with the work conditions and the components that are
properly and customarily included within such projects and the requirements of laws,
ordinance, rules, regulations or orders of any public authority or licensing entity having
jurisdiction over the CITY's 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.
SECTION 5: CHANGE ORDERS.
Order.
(a) The CITY may revise the scope of services set forth in any particular Work
(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. Change Orders may contain additional instructions or provisions
specific upon certain aspects of this Agreement pertinent to the services to be provided.
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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 work, including all
direct and indirect costs of whatever nature, and all adjustments to the
CONTRACTOR's schedule.
SECTION 6: CONTRACTOR RESPONSIBILITIES.
(a) The CONTRACTOR shall be responsible for the professional quality,
accepted standards, technical accuracy, neatness of appearance of employees,
employee conduct, safety, 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. All CONTRACTOR employees shall at all times when
performing work wear identification badges which, at a minimum, provides the name of
the employee and the CONTRACTOR.
(b) The CONTRACTOR shall provide to the CITY a list of employees working
on the project. The CONTRACTOR shall provide to the CITY a list of employee working
days, times and assignments within forty-eight (48) hours of the CITY's written request
for such information. This information, when requested by the CITY, shall be provided
to the CITY prior to the employees of the CONTRACTOR entering the CITY's premises.
(c) The CONTRACTOR shall comply with Section 2 -67 of the Sanford City
Code as it relates to security screenings of private contractors and employees of private
contractors. The CONTRACTOR shall cause each person found by the City
Commission to be functioning in a position critical to the security and /or public safety of
the CITY by reason of access to any publicly owned or operated facility to undergo the
following inquiries and procedures conducted by the City of Sanford:
(i) Fingerprinting in accordance with the CITY's pre - employment
procedures,
(ii) Submission of the fingerprints to the Florida Department of Law
Enforcement for state criminal history evaluation, and
(iii) Submission of the fingerprints to the Federal Bureau of
Investigation for a national criminal history evaluation.
Such confidential information shall be used by the CITY to determine a person's
eligibility to function in such critical employment position(s) as described. Additionally,
the CITY may request and the CONTRACTOR shall provide the name, address and
social security number and licenses (driver's, commercial drivers license or CDL, or
other operator's license) for employees of the CONTRACTOR that may work on the
CITY's premises in positions found by the City Commission to be critical to the security
and /or public safety of the CITY by reason of access to any publicly owned or operated
facility. The CONTRACTOR shall release such information upon approval of the
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employees. If an employee refuses to authorize the release of their address, social
security number and /or licenses they shall not be allowed to work or continue to work in
such critical positions.
(d) The CONTRACTOR shall work closely with the CITY on all aspects of the
provision of the 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 only 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 /her /its plans, analysis, data, reports, designs,
drawings, specifications, and any and all other services of whatever type or nature. The
CONTRACTOR's submissions in response to the subject bid or procurement processes
are incorporated herein by this reference thereto.
(e) 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 or of any cause of action arising out of the performance of this
Agreement and the CONTRACTOR shall be and 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.
(f) The rights and remedies of the CITY, provided for under this Agreement,
are in addition to any other rights and remedies provided by law.
(g) 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 Order.
(h) The CONTRACTOR shall cooperate with the CITY in the implementation
of the CITY's tax recovery program and, to that end, the CITY may make purchases
directly under its purchase order processes relative to various materials, supplies and
equipment that may be part of the services provided under this Agreement. The
CONTRACTOR hereby recognizes the right of the CITY to engage in tax
recovery/savings through direct purchases.
SECTION 7: 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 representative, as appointed by the
designated representative to administer, review and coordinate the provision of services
under Work Orders.
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(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 examine all of the CONTRACTOR's services 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.
(e) The CITY shall transmit instructions, relevant information, and provide
interpretation and definition of CITY policies and decisions with respect to any and all
services covered by this Agreement.
(f) The CITY shall give written notice to the CONTRACTOR whenever the
CITY's 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.
(g) 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 during or after performance of this
Agreement as well as the adjustment of payments made to the CONTRACTOR based
upon the quality of work of the CONTRACTOR.
(h) 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.
(i) 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.
0) 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 or the public
caused by the CONTRACTOR's negligent or wrongful provision or performance of any
of the services furnished under this Agreement.
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(k) All deliverable analysis, reference data, survey data, plans and reports or
any other form of written instrument or document that may result from the
CONTRACTOR'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.
SECTION 8: COMPENSATION.
(a) Compensation to the CONTRACTOR shall be as set forth in each Work
Order which assigns services to be accomplished by the CONTRACTOR.
(b) The CONTRACTOR shall be paid in accordance with the schedule of
charges as set forth and described in Exhibit C to this Agreement and attached hereto.
(c) There are no reimbursable expenses to be paid to the CONTRACTOR
except as specifically set forth in individual work orders and agreed upon by the parties.
SECTION 9: INVOICE PROCESS.
(a) Invoices, which are in an acceptable form to the CITY and without
disputable items, which are received by the CITY, will be processed for payment within
thirty (30) days of receipt by the CITY.
(b) The CONTRACTOR will be notified of any disputable items contained in
invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY
with an explanation of the deficiencies.
(c) The CITY and the CONTRACTOR will make every effort to resolve all
disputable items contained in the CONTRACTOR's invoices.
(d) Each invoice shall reference this Agreement, the appropriate Work Order
and Change Order if applicable, and billing period.
(e) The Florida Prompt Payment Act shall apply when applicable. A billing
period represents the dates in which the CONTRACTOR completed services
referenced in an invoice.
(f) Invoices are to be forwarded directly to:
Finance Department
City Of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
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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 upon execution of this Agreement or execution of this
Agreement or execution of a Work Order issued by the CITY. Work Orders shall be
issued in substantially the form set forth in Exhibibit "C" to this Agreement.
(b) The CONTRACTOR and the CITY agree to make every effort to adhere to
the schedules required by the CITY or as 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,
tumult 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, terrorism, 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: TERM /LENGTH OF AGREEMENT.
(a). The term of this Agreement shall be for a period of sixty U days.
SECTION 12: DESIGNATED REPRESENTATIVES.
(a) The CITY designates the City Manager or his/her designated
representative, to represent the CITY in all matters pertaining to and arising from the
work and the performance of this Agreement.
(b) The City Manager, or his/her designated representative, shall have the
following responsibilities:
(i) 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;
(ii) 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;
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(iii) Giving prompt written notice to the CONTRACTOR whenever the
CITY official representative knows of a defect or change necessary in the project; and
(iv) Coordinating and managing the CONTRACTOR's preparation of
any necessary applications to governmental bodies, to arrange for submission of such
applications.
(c) Until further notice from the City Manager the designated representative
for this Agreement is:
F. William Smith, Purchasing Manager
City Of Sanford, City Hall
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: (407) 330 -5613
(d) The CONTRACTOR's designated representative is:
i •
SECTION 13: TERMINATION /SUSPENSION OF AGREEMENT.
(a) The CITY may terminate this Agreement or any Work Order for
convenience at any time or this Agreement or any Work Order for any one (1) or more
of the reasons as follows:
(i) If, in the CITY's opinion, adequate progress to be provided or under
a Work Order is not being made by the CONTRACTOR due to the CONTRACTOR's
failure to perform; or
(ii) 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, and the requirements of Federal and /or State
regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a
timely manner as reasonably determined by the CITY; or
(iii) The CONTRACTOR or any employee or agent of the
CONTRACTOR is indicted or has a direct charge issued against him/her for any crime
arising out of or in conjunction with any work that has been performed by the
CONTRACTOR; or
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(iv) The CONTRACTOR becomes involved in either voluntary or
involuntary bankruptcy proceedings, or makes an assignment for the benefit of
creditors; or
(v) The CONTRACTOR violates the Standards of Conduct provisions
herein or any provision of Federal, State or local law or any provision of the CITY's
Code of Conduct.
(b) In the event of any of the causes described in this Section, the CITY's
designated representative may send a certified letter to the CONTRACTOR 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 seven (7) calendar days of the
date of the letter, the CITY may consider the CONTRACTOR to be in default, and may
then immediately terminate this Agreement or any Work Order in progress under this
Agreement.
(c) In the event that this Agreement or a Work Order is terminated for cause
and it is later determined that the cause does not exist, then this Agreement or the Work
Order shall be deemed terminated for convenience by the CITY and the CITY shall
have the right to so terminate this Agreement without any recourse by the
CONTRACTOR.
SECTION 14: TERMINATION BY CONTRACTOR FOR CAUSE.
The CONTRACTOR may terminate this Agreement only if the CITY fails to pay
the CONTRACTOR in accordance with this Agreement. In the event of such cause, the
CONTRACTOR shall send a certified letter requesting that the CITY show cause why
the Agreement should not be terminated. If adequate assurances are not given to the
CONTRACTOR within fifteen (15) days of the receipt by the CITY of said show cause
notice, then the CONTRACTOR may consider the CITY to be in default, and may
immediately terminate this Agreement.
SECTION 15: TERMINATION BY THE CITY WITHOUT CAUSE.
(a) Notwithstanding any other provision of this Agreement, the CITY shall
have the right at any time to terminate this Agreement in its entirely without cause, or
terminate any specific Work Order without cause, if such termination is deemed by the
CITY to be in the public interest, in writing of deficiencies or default in the performance
of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to
correct same or to request, in writing, a hearing.
(b) Failure of the CONTRACTOR to remedy said specified items of deficiency
or default in the notice by either the CITY's designated representative within ten (10)
days of receipt of such notice of such decisions, shall result in the termination of the
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Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities
under the terms and provisions of the Agreement.
(c) The CITY shall have the right to terminate this Agreement without cause
with a one - hundred twenty (120) day written notice to the CONTRACTOR. The CITY
reserves the right to terminate any Agreement for cause with a five (5) day written
notice to the CONTRACTOR. Notice shall be served to the parties as specified in the
Agreement.
(d) In the event that this Agreement 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.
(e) This Agreement will remain in full force and effect as to all authorized
Work Order(s) that is /are to be continued to completion.
(f) In the event that after the CITY's termination for cause for failure of the
CONTRACTOR to fulfill its obligations under this Agreement it is found that the
CONTRACTOR has not so failed, the termination shall be deemed to have been for
convenience and without cause.
SECTION 16: PAYMENT IN THE EVENT OF TERMINATION.
In the event this Agreement or any Work Order is terminated or canceled prior to final
completion without cause, 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 17: ACTION FOLLOWING TERMINATION.
Upon receipt of notice of termination given by either party, the terminated party shall
promptly discontinue the provision of all services, unless the notice provides otherwise.
SECTION 18: SUSPENSION.
(a) The performance or provision of the CONTRACTOR's services under
any Work Order or 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 within seven (7) days from the date of
mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all
compensation which has become due to and payable to the CONTRACTOR to the
effective date of such suspension. The CITY shall thereafter have no further obligation
for payment to the CONTRACTOR for the suspended provision of services unless and
until the CITY's designated representative notifies the CONTRACTOR in writing that the
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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 19: EQUAL OPPORTUNITY EMPLOYMENT /NON-
DISCRIMINATION.
The CONTRACTOR agrees that it will not discriminate 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 or termination; rates of pay or their forms or
compensation; and selection for training, including apprenticeship. The CONTRACTOR,
moreover, shall comply with all the requirements as imposed by the Americans with
Disability Act, the regulations of the Federal government issued thereunder, and any
and all requirements of Federal or State law related thereto.
SECTION 20: INDEMNITY AND INSURANCE.
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify,
hold harmless and defend the CITY, its agents, servants, officers, officials and
employees, or any of them, from and against any and all claims, damages, losses, and
expenses including, but not limited to, attorneys fees and other legal costs such as
those for paralegal, investigative, and legal support services, and the actual costs
incurred for expert witness testimony, arising out of or resulting from the performance or
provision of services required under this Agreement, provided that same is caused in
whole or part by the error, omission, negligent act, failure to act, breach of contract
obligation malfeasance, misfeasance, negligent conduct, or misconduct of the
CONTRACTOR, its agents, servants, officers, officials, employees, or
subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all
damages resulting in any way related to the negligent performance of the work
contemplated hereunder, in accordance with Section 725.08, Florida Statutes. In no
event, shall either party be responsible or liable to the other for any incidental,
consequential, or indirect damages whether arising by contract or tort.
(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 deemed to affect the rights, privileges, and
immunities of the CITY as set forth in Section 768.28, Florida Statutes.
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(d) In claims against any person or entity indemnified under this Section by an
employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly
or indirectly employed by them or anyone for whose acts they may be liable, the
indemnification obligation under this Section shall not be limited by a limitation on
amount or type of damages, compensation or benefits payable by or for the
CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation
acts, disability benefits acts, or other employee benefit acts.
(e) The execution of this Agreement by the CONTRACTOR shall obligate the
CONTRACTOR to comply with the indemnification provision in this Agreement;
provided, however, that the CONTRACTOR must also comply with the provisions of this
Agreement relating to insurance coverages.
(f) The CONTRACTOR shall submit a report to the CITY within twenty -four
(24) hours of the date of any incident resulting in damage or which is reasonably likely
to result in a claim of damage.
SECTION 21: 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, authorized to do business in the State of Florida and in a form acceptable
to the City and with only such terms and conditions as may be acceptable to the CITY:
(i) Workers Compensation /Employer Liability: The CONTRACTOR
shall provide Worker's Compensation for all employees. The limits will be statutory
limits for Worker's Compensation insurance and $1,000,000 for Employer's Liability.
(ii) Comprehensive General Liability: The CONTRACTOR will provide
coverage for all operations including, but not limited to, contractual, products and
complete operations and personal injury. The limits will not be less than $1,000,000
Combined Single Limit (CDL) or its equivalent.
(iii) Comprehensive Automobile Liability: The CONTRACTOR shall
provide complete coverage for owned and non -owned vehicles for limits not less than
$1,000,000 CSL or its equivalent.
(iii). 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.
(b) All insurance other than Workers Compensation to be maintained by the
CONTRACTOR shall specifically include the CITY as an additional insured.
(c) The CONTRACTOR shall provide Certificates of Insurance to the CITY
evidencing that all such insurance is in effect prior to the issuance of the first Work
Page 14 of 24
Order under this Agreement from the CITY. 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
CONTRACTOR's full responsibility 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 Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no
longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite
Bests Rating and Financial Size Category, the CONTRACTOR shall, as soon as the
CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY
and immediately replace the insurance coverage provided by the insurance company
with a different insurance company meeting the requirements of this Agreement. Until
such time as the CONTRACTOR has replaced the unacceptable insurer with insurance
acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this
Agreement.
(d) The insurance coverage shall contain a provision that requires that prior to
any changes in the coverage, except increases in aggregate coverage, thirty (30) days
prior notice will be given to the CITY by submission of a new Certificate of Insurance.
(e) The CONTRACTOR shall furnish 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 or 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 obligated or liable under the terms of this
Agreement to any party other than the CONTRACTOR. There are no third party
beneficiaries to this Agreement.
(h). The CONTRACTOR is an independent contractor and not an agent,
representative, or employee of the CITY. The CITY shall have no liability except as
specifically provided in this Agreement.
(i) All insurance shall be primary to, and not contribute with, any insurance or
self - insurance maintained by the CITY.
SECTION 22: STANDARDS OF CONDUCT.
(a) The CONTRACTOR warrants that it has not employed or retained any
company or person, other than a bona fide employee wonting 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
Page 15 of 24
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) 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.
(c) The CONTRACTOR hereby certifies that no undisclosed (in writing)
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 ensure that all taxes due from the
CONTRACTOR are paid in a timely and complete manner including, but not limited to,
occupational license tax.
(e) If the CITY determines that any employee or representative of the
CONTRACTOR is not satisfactorily performing his/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.
(f) The CONTRACTOR shall not publish any documents or release
information regarding this Agreement to the media without prior approval of the CITY.
(g) 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
of this Agreement.
(h) 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 of
this Agreement by the CITY. The CONTRACTOR shall provide a certification of
compliance regarding the public crime requirements set forth in State law upon request
by the CITY.
(i) 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
Page 16 of 24
applicable law, and made or received by the CONTRACTOR in conjunction, in any way,
with this Agreement.
Q) 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.
(k) 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.
(1) 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.
(m) 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.
(n) 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.
(o) The CONTRACTOR shall advise the CITY in writing of it who has been
placed on a discriminatory vendor list, may not submit a bid on a contract to provide
goods or services to a public entity, or may not transact business with any public entity.
(p) The CONTRACTOR shall not engage in any action that would create a
conflict of interest in the performance of that actions of 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 Ill, Chapter 112,
Florida Statutes, relating to ethics in government.
SECTION 23: 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
Page 17 of 24
services under this Agreement. All time records and cost data shall be maintained in
accordance with generally accepted accounting principles.
(b) The CONTRACTOR shall maintain and allow access to the records
required under this Section for a minimum period of five (5) years after the completion of
the provision or performance services under this Agreement and date of final payment
for said services, or date of termination of this Agreement.
(c) The CITY may perform, or cause to have performed, an audit of the
records of the CONTRACTOR before or after final payment to support final payment
under any Work Order issued hereunder. This audit shall be performed at a time
mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the
final fiscal period in which services are provided or performed. Total compensation to
the CONTRACTOR may be determined subsequent to an audit as provided for in this
Section, and the total compensation so determined shall be used to calculate final
payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as
required by this Section.
(d) 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 United
States or the Chief Financial Officer of the State of Florida, or the County of Flagler, or
any representatives, 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.
(e) In the event of any audit or inspection conducted reveals any overpayment
by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such
overpayment to the CITY within thirty (30) days of notice by the CITY of the request for
the refund.
(f) The CONTRACTOR agrees to fully comply with all State laws relating to
public records.
(g) 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 24: CODES AND DESIGN STANDARDS.
(a) All services to be provided for performed by the CONTRACTOR shall, at
a minimum, be in conformance with commonly accepted industry and professional
codes and standards, standards of the CITY, and the laws of any and all Federal, State
and local regulatory agencies.
Page 18 of 24
(b) The CONTRACTOR shall be responsible for keeping apprised of any
changing laws, applicable to the services to be performed under this Agreement.
SECTION 25: ASSIGNABILITY.
(a) 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.
(b) The CONTRACTOR agrees to reasonably participate in the contract
"piggybacking" programs pertinent to local governments.
SECTION 26: SUBCONTRACTORS.
(a) Any CONTRACTOR's 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 subCONTRACTORs, 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 subCONTRACTOR to assume performance of the CONTRACTOR's
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.
(d) The CONTRACTOR shall reasonably cooperate at all times with the CITY
and other CITY CONTRACTORs and professionals.
SECTION 27: CONTROLLING LAWSNENUE/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 result of bona fide arms length negotiations
between the CITY and the CONTRACTOR and all parties have contributed substantially
and materially to the preparation of the Agreement. Accordingly, this Agreement shall
Page 19 of 24
not be construed or interpreted more strictly against any one party than against any
other party.
SECTION 28: 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. Force Majeure shall include, but not be limited to,
hostility, terrorism, 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 Section is
beyond the control and without the fault or negligence of the party seeking relief under
this Section.
SECTION 29: EXTENT OF AGREEMENT /INTERGRATION /AMENDMENT.
(a) This Agreement, together with the exhibit(s), 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
hereto, 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.
SECTION 30: 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:
For the CITY:
Sherman Yehl, City Manager
Page 20 of 24
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: 407 - 330 -5602
E -mail address: vehlr _ci.sanford.fl.us
With a copy to:
F. William Smith, Purchasing Manager
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: 407 - 330 -5613
E -mail address: smithbO- ci.sanford.fl.us
For the CONTRACTOR:
L— 1 _ o�
(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 message boards) shall not constitute proper written
notice under the terms of the Agreement.
SECTION 31: 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 32: 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.
Page 21 of 24
(b) The CONTRACTOR shall not have the right to compel the exercise of the
ad valorem taxing power of the CITY.
SECTION 33: 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.
SECTION 34: 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 35: SEVERABILITY /CONSTRUCTION.
(a) If any term, provision or condition contained in this Agreement shall, to
any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such term, provision or condition to persons or circumstances other than
those in respect of which it is invalid or unenforceable, shall not be affected thereby,
and each term, provision and condition of this Agreement shall be valid and enforceable
to the fullest extent permitted by law when consistent with equity and the public interest.
(b) All provisions of this Agreement shall be read and applied in para materia
with all other provisions hereof.
SECTION 36: ALTERNATIVE DISPUTE RESOLUTION (ADR).
(a) In the event of a dispute related 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 evidentiary materials that were not presented for
consideration to the CITY in alternative dispute resolution procedures or which the
CONTRACTOR had knowledge and failed to present during the CITY procedures.
(c) In the event that CITY procedures are exhausted and a suit is filed or legal
remedies are otherwise pursued, the parties shall exercise best efforts to resolve
disputes through voluntary mediation. Mediator selection and the procedures to be
employed in voluntary mediation shall be mutually acceptable to the parties. Costs of
voluntary mediation shall be shared equally among the parties participating in the
mediation.
Page 22 of 24
SECTION 37: COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original, but all of which, taken together, shall constitute one and
the same document.
SECTION 38: SUBMITTALS.
The following are items the CONTRACTOR must submit to the City as stated in this
Agreement::
(a) Description of Services; Section 2.
(b) Worker compensation insurance for all employees; Section 21, Paragraph
(a) (1)
(c) Certificates of insurance; Section 21, Paragraph (c)
(d) Conflict of Interest Statement; Section 22, Paragraph (c)
This Agreement describes each item listed above in detail. All provided to the City must
be accurate and updated certifying the CONTRACTOR is proceeding correctly.
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
Commssion taking action on the day of 2�e_._ myl QW1 _ , and the
CONTRACTOR signing by and through its duly authorized corporate officer having the
full and complete authority to execute same.
ATTEST. CONTRAC OR:
By:
Corporate Secretary or Witness Corporate President
Date: q - n - 0 -- )
ATTEST. CITY OF SANFORD
Page 23 of 24
anet Dougherty, City 61erk
For the use and reliance of the City of
Sanford only. Approved as to form
and legal sufficiency.
/s/ William L. Colbert
William L. Colbert, City Attorney
L da Kuhn, Mayor
Date:
Page 24 of 24
EXHIBIT A
SCOPE OF WORK
Note: In case of conflict of terms and documents, the terms and conditions of the
Main Contract Document takes precedence over this exhibit.
This scope of work consists of pages 1-6 of GIRARD ENVIRONMENTAL
SERVICES, LANDSCAPE SERVICES PROPOSAL. Dated September 5.2007.
C R Ra MENTAL SERVICES
w i tch I't MAtcrsl
Landscape Services Proposal
Project Name: North Shore I Marina Island
Phase or section: Phase II - Bid Package "C"
Date of Proposal: September 6, 2007
This proposal is valid for thirty (30) days.
Proposal Submitted By: Robert Archer
Direct Dial: 407- 708.5698
Fax: 407 - 302 -5573
Email: rarcher @girardonline.com
Customer Information -
Customer Name: City Of Sanford
Customer Address:
Estimating Contact: Fred Mueller
Telephone: 4073303680
Facsimile: 4073306601
Email Address: muellerf@sanfordfl.gov
Corporate Website: www.sanfordfl.gov
Project Information -
Local Jurisdiction: City of Sanford ODP Project: No
Project Address: OCIP Project: No
Bid Bond Required: Yes
Payment Bond Required: Yes
Performance Bond Required: Yes
Lump Sum Proposal -
Includes Sheet Numbers
Plans Dated Through
Irrigation System
IR -1 through IR -2
May 1, 2005
$16,493.95
Landscaping Package
L -1 and L -4
May 1, 2005
$45,195.07
Sod Installation
L -1 and L -4
May 1, 2005
$5,928.00
Bond (2%a) > > >
Total Proposal > > >
$1,352.34
Acceptance of Proposal -
Upon signature of this agreement, both parties become legally bound to the terms of the proposal as outlined by the proposal for the above referenced project.
It is understood that all language, pricing, and specifications contained herein are accepted as part of this proposal. Any changes to the language, pricing
and /or specifications must be made in writing, accepted by both parties, and made part of this proposal as a signed addendum. Both parties further agree that
their signature binds themselves or their employer to the terms as outlined by the proposal.
Girard Environmental Services, Inc.
Post Office Banc 1119 1 Sanford, FL 32772
701 Codisco Way I Sanford, FL 32771
Main 407302 -55881 Fax 407- 302 -5573
City Of Sanford
Authorized Signature
Robert Archer, Pre - Construction Manager
Direct Dial: 407 - 706 -5696
Private Fax: 407- 302 -5573
Email: rarcher@9irardonline.com
Print Name 8 Title
Date Approved
NPORT ANT: Thls Propad is F by U.S. Copyright 4w and Unkk wd D•cwdv Cmpdbm l•wa This P,opa•el is hW* proprbhry sad W Wd nd m be dvw m wry orw mnpdkm f r tliappI or prim canpwWws. AhY xa uVed our cure W
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North Shore - Proposal (9 -5-07) \ Proposal
9/5/2007 12:58 PM
Page 1 of 6
Initials Required On Remaining Pages
6IRARD
ENVIRONMENTAi SERVICES
Weseti tt 14.4 r
401111- -
Qualifications & Exclusions
Project Name: North Shore I Marina Island
Section or Phase: Phase II - Bid Package "C
Date of Proposal: September 5, 2007
This proposal is valid for thirty (30) days.
Proposal Submitted By: Robert Archer
Direct Dial: 407- 708 -5698
Estimating Fax: 407 -302 -5573
Email: rarcher @girardonline.com
GENERAL ITEMS
Hardscaping Package:
1).
2).
3). it is
Irrigation System:
1). It is the responsibility of the Customer to coordinate the scheduling of the irrigation sleeve installation with GES.
2). Customer agrees to pay GES a mobilization fee of $350 per visit in the event that more than three site visits are required to install the irrigation sleeves.
3). It is agreed that GES will be allowed a rninirrwm of seventy -two hours to install any scheduled irrigation sleeves not including Sundays.
4). If requested by GES, Customer must provide survey markers indicating the location of sidewalks, curbing or buildings prior to the scheduling of the irrigation sleeves.
5). This proposal has been prepared based on the assumption that there will not be any asphalt or concrete cutting required to install the irrigation sleeves.
6). GES will not be held responsible for repairing any base material disturbed by the installation of the irrigation sleeves regardless of the reason.
7). It is agreed that GES will not be held responsible for coordinating, providing or installing the irrigaf;on water meter.
8). It is agreed that GES will be paid additional monies if the drilling depth for any deep well exceeds 150 feet ($13/ft) or the well casing exceeds 100 feet ($14Rt).
9). It is agreed that GES will not be held responsible for poor water quality conditions resulting from the installation of a deep well.
10). In the event that a deep well drilling location is abandoned, Customer agrees to compensate GES accordingly for subsequent attempts to find an adequate water supply.
11). It is agreed that GES will not be held responsible for connecting any of the irrigation components to the power source.
12). In the event that GES is prov iding a design/build irrigation system, it is agreed that GES will not be required to provided any drawings except for as -built drawings.
13). Only the following items will outlined on as -built drawings (poc, backflow, sleeves, controller, rain sensor, mainline, wire junctions, hose bibs, gate valves & zone valves)
14). Due to the volatility of the PVC market, it is agreed that the price for the Irrigation System in this Proposal in only guaranteed for thirty days and may change thereafter.
15). Due to the volatility of fuel prices, GES reserves the right to impose a 2% fuel surcharge. This detemtination will be made at the discretion of GES and reviewed monthly.
16). It is agreed that GES will be paid accordingly for any damages caused to the irrigation system by others. Pricing will be based on $65/man hour plus list price on materials.
Landscaping Package:
1). It is agreed that GES will not be required to install any live plant material until adequate power and water are made available as determined by GES.
2). In the event that a power generator is required to operate the irrigation system, GES reserves the right to void the warranty on any live plant material as determined by GES.
3). There is no weed barrier fabric included in this Proposal unless it has been specifically outlined and priced accordingly.
4). There is no site preparation, grading, grubbing, debris removal or transplanting included in this Proposal unless it has been specifically outlined and priced accordingly.
5). There is no tree barricading included in this Proposal unless it has been specifically outlined and priced accordingly.
6). There are no soil amendments included in this Proposal unless it has been specifically outlined and priced accordingly.
7). There are no landscaping management services included in this Proposal unless it has been specifically outlined and priced accordingly.
8). It is not the responsibility of GES to monitor the irrigation controller settings after substantial completion of the project
9). Due to the volatility of fuel prices, GES reserves the right to impose a 2% fuel surcharge. This determination will be made at the discretion of GES and reviewed monthly.
10). It is agreed that GES will be paid accordingly for any damages caused to the landscaping package by others. Pricing will be based on the unit prices in this Proposal x3.
Sod Installation:
1). All sod quantities in this proposal have been estimated based on either a site visit or a take -off of the landscaping plans provided.
2). It is agreed that any necessary adjustments to the actual sod quantity installed will be approved and based on the unit prices in this proposal.
3). Due to the volatility of the sod market, it is agreed that the unit prices for the Sod Installation in this Proposal is only guaranteed for thirty days and may change thereafter.
4). In the event that an area becomes inaccessible by machinery, it is agreed that there will be a $0.08 surcharge for additional labor.
5). This Proposal has been prepared based on the assumption that that the finish grade will be delivered to GES within +/- .10 of an inch.
6). This Proposal does include hand raking, however GES reserves the right to determine whether or not a particular area is ready to be sodded.
7). It is agreed that GES will not be held responsible for washouts regardless as to whether or not a particular area was reedy to be sodded.
8). In the event that an area exceeds a 4:1 slope, it is agreed that there will be a $0.08 surcharge for additional installation and sod staples.
9). Due to the volatility of fuel prices, GES reserves the right to impose a 2% fuel surcharge. This determination will be made at the discretion of GES and review monthly.
10). It is agreed that GES will be paid accordingly for any damage caused to the landscaping package by others. Pricing will be based on the unit prices in this proposal x3.
Page 2 of 6
North Shore - Proposal (9 -5-07) \ Qualifications & Exclusions
9!5/2007 12:58 PM Initials
GI RARD
ENVIRONMENTAL SERVICES
Wl ek tt 14 , 4 ®
Qualifications & Exclusions
Project Name: North Shore / Marina Island
Section or Phase: Phase II - Bid Package "C
Date of Proposal: September 5, 2007
This proposal is valid for thirty (30) days.
Proposal Submitted By:
Direct Dial:
Estimating Fax:
Email:
Robert Archer
407- 708 -5698
407- 302 -5573
rarcher@girardonline.com
O• SPECIFIC ITEMS
Hardscaping Package: Initials
1). There is no hardscaping included in this proposal.
Irrigation System:
1). Irrigation proposal price is per plan. If more parts and/or labor are needed to complete 100% coverage, price will change accordingly.
2). Irrigation meter to be installed by others.
3). Power to controller by others.
Initials
Landscaping Package: Initials
1). There were no heights listed for the Washington Palms on plan. If larger a size is needed than the size quoted, price will change accordingly.
2). There is no baclffill included in this proposal.
3). Erosion control to be installed by others.
4). Tree barriers are to be provided and installed by others.
Sod Installation:
1). There is no sod included outside of areas Beady listed to be sodded. If more sod is needed, it will be at an additional cost
North Shore - Proposal (9 -5-07) l Qualifications & Exclusions
9!5/2007 12:58 PM
Initials
Initials
Page 3 of 6
GIRARD
ENVIRONMENTAL SERVICES
W Aeti tt ft otervr
Irrigation System
Project Name: North Shore I Marina Island
Phase or Section: Phase II - Bid Package "C"
Date of Proposal: September 5, 2007
This proposal is valid for thirty (30) days.
Proposal Submitted By: Robert Archer
Direct Dial Telephone: 407- 708 -5698
Private Fax: 407 -302 -5573
Email Address: rarcher@girardonlirie.com
General C onditio ns
Description
Total Price
Inigaim Permit
$200.00
rota) General Commons I WzUu.UU I
TOTAL IRRIGATION SYSTEM
P&LA3udget Percentages
Install time assumes 4 man crew, costing $13 per man hour and working a 10 hour day.
North Shore - Proposal (9 -5-07) \ Irrigation System
915/2007 12:58 PM
1 $16,493.96
Crew Days to Install = 4.30
Crew Hours to Install = 43.02
I nitials
Page 4 of 6
Irrigation
System
Material
Labor
Indirect
Overhead
Profit
Installed
Installed
Oty
Description
Specification
Cost me
Sales Tax
Markup
Markup
Markup
Markup
Each
Total
140
Sleeves
2' PVC - SCH 40 Pipe
$ 1.61
$224.70
40
Sleeves
3' PVC -SCH 40 Pipe
$ 3.26
$130.54
450
Mainline -1 112'
Class 200 (reclaim)
$ 0.74
$334.24
6
Trust Bkldc Concrete
45b bag
S 13.38
$80.25
1
Mainline Fitti
Autornafic Allowarce
$ 116.02
$115.02
2
Gate Valve -1.S
Nboo Gate Valve
$ 16.40
$30.80
500
W" -Common
14-1 White
$ 0.19
$93.89
750
Wre -Spare
14.1 Blue
$ 0.19
$140.84
2000
Wine - Al Zones
14-1 Ref
$ 0.19
$375.57
40011
Lateral Line - 11/4'
Class 200 (reclaim)
$ 0.56
$2,253.42
5000
Rex Pipe -112'
k -Lac
$ 0.58
$2,921.10
1
Feral liar Fittings
Autormalfic Alkn�
$ 766.70
$788.70
7
sal Valve (1.5')
Nico Threaded Ball Valve
$ 16.48
$115.38
7
Electric Valves - 1 112 PESB
Rainbird 15OPERSB
$ 179.61
$1,257.24
7
Valve Box -10' Round
Ametek 10' Round (purple)
$ 19.78
$138.46
7
Valve Box - 12'x 24'
Ametek IT x 24' (purple)
$ 33.43
$233.98
3
Hose Bib - Quick Coupler
Rainbird 44PP (6')
$ 133.56
$400.67
1
Reclaim Sign
12'x 18' Refektive Sign
$ 73.03
$73.03
1
Reclaim Sign Pole
4'U-Channel
$ 16.69
$16.69
1
Controkr Pedestal (Pladc)
Rair&dPED-DD16
$ 408.87
$408.87
1
Controller Pad
Concrete Controller Pad
S 31798
$312.98
1
Controller (outdoor)
Rainbird ESP8LX
$ 428.40
$428.40
1
Grand Rod
6' sold capper rod
$ 30.17
$30.17
1
Ran Sarno
Rainbird WRC
$ 106.33
$106.33
256
Spray Head ((')
Hunter INST-06 -CV
$ 17.09
$4,374.64
256
Spray Head Cover
Rainbkd 180ONP
$ 1.40
$357.88
256
iSproy Nozzle
IRainbird VAN Nozzle
I
I
I
I
IS 215
1 $550.17
TOTAL IRRIGATION SYSTEM
P&LA3udget Percentages
Install time assumes 4 man crew, costing $13 per man hour and working a 10 hour day.
North Shore - Proposal (9 -5-07) \ Irrigation System
915/2007 12:58 PM
1 $16,493.96
Crew Days to Install = 4.30
Crew Hours to Install = 43.02
I nitials
Page 4 of 6
( ES
W pcIG "a evi
Landscaping Package
Project Name: North Shore / Marina Island
Phase or Section: Phase II - Bid Package "C"
Date of Proposal: September 5, 2007
Ths proposal is valid for thirty (30) days.
Proposal Submitted By: Robert Archer
Direct Dial Telephone: 407- 708 -5698
Private Fax: 407302 -5573
Email Address: rarcher@girardonline.com
General Conditions
Sub -Total I I
Sub -Total I I
SUB -TOTAL 1 ",697.88
P &LfBudget Percentages Crew Days to Install = 0.61
Instal time assumes 5 man crew, costing $13 per man hour and wortang a 10 hour day. Crew Hours to Install = 6.13
Material
Sales
Trees
Labor
& Palms
Indirect
Overhead
Profit
Installed
Installed
Crew
Crew
Qty
Description
Specification
Cost
Tax
Markup
Markup
Markup I
Markup
Each I
Total
Hours
I Days
10
Washington Palm
18' oa ft size listed an War[)
7 Gal, Full
$ 571.32
$5.713.18
5.19
0.52
1
Fwdai Pain
17 Ht
3 Gal, 38' K
$ 27224
$272.24
0.31
0.03
1
Fo)dai Pakn
14' Ht
1 Gal, Ful
$ 314.23
$314.23
0.31
0.03
1
Fo)bil Pain
18' Ht
3 Gal, 14' H, Ful
$ 391123
$398.23
0.31
0.03
SUB -TOTAL 1 ",697.88
P &LfBudget Percentages Crew Days to Install = 0.61
Instal time assumes 5 man crew, costing $13 per man hour and wortang a 10 hour day. Crew Hours to Install = 6.13
P &UBudget Per ( I I I I I I Crew I
Days to Install= 1 0.30
Instal time assumes 5 man crew, costing $13 per man hour and worldng a 10 hour day. Crew Hours to Install = 3.02 3.02
Material
Sales
Labor
Indirect
Overhead
Profit
Installed
Installed
Crew
Crew
Description
S ification
Cost
Tax
Markup
Markup
Markup
Markup
Each
Total
Hours
Days
8
contain Uy
7
7 Gal, Full
$ 3292
$197.54
0.21
0.02
e
Sesgntpe
3 Gal, 38' K
$ 36.33
$217.96
0.21
0.02
97
PBtcan Ids
1 Gal, Ful
$ 3.39
$328.57
0.61
0.06
90
DwafPhilodendron
3 Gal, 14' H, Ful
$ 18.09
$1.628.37
$1.50
0.15
9
Sand Cordgus
3 Gal, Ful
$ 8.74
$78.62
$0.15
0.01
54
I CDOnfle
1 1 Gal, Ful
I
i s 1107
$435.56
$0.34
0.03
P &UBudget Per ( I I I I I I Crew I
Days to Install= 1 0.30
Instal time assumes 5 man crew, costing $13 per man hour and worldng a 10 hour day. Crew Hours to Install = 3.02 3.02
SUB-TOTAL S P &UBudget Percentages I I I I I I ( Crew Days to Instal 1 11 90
Instal time assumes 5 man crew, costing $13 per man hour and wdrlang a 10 hour day. Crew Hours to Install = 119.00
TOTAL LANDSCAPE PACKAGE
P &UBudget Percentages
Instal time assumes 5 man crew. costing $13 per man hour and wonting a 10 hour day.
North Shore - Proposal (9 -5-07) \ Landscaping Package
9!5/2007 12:58 PM
545,195.07
Crew Days to Install = 12.81
Crew Hours to Install = 128.15
Initials
Page 5 of 6
Material
Sales
Labor
Indirect
Overhead
Profft
Installed
Installed
Crew
Crew
Description
S ification
cost
Tax
Markup
Markup
Markup
Markup
Each
Total
Hours
Days
4 per Palm)
2W Braci g & Stakes
S 30.17
$180.99
it
Prbabrace(Iper tree)
$ 16.14
$96.84
0.31
0.03
Beach Sad
$ 25.00
$35.006.93
117.17
11.72
up
Uni Pine Bak
$ 40.73
$325.82
1 0.62
0.06
SUB-TOTAL S P &UBudget Percentages I I I I I I ( Crew Days to Instal 1 11 90
Instal time assumes 5 man crew, costing $13 per man hour and wdrlang a 10 hour day. Crew Hours to Install = 119.00
TOTAL LANDSCAPE PACKAGE
P &UBudget Percentages
Instal time assumes 5 man crew. costing $13 per man hour and wonting a 10 hour day.
North Shore - Proposal (9 -5-07) \ Landscaping Package
9!5/2007 12:58 PM
545,195.07
Crew Days to Install = 12.81
Crew Hours to Install = 128.15
Initials
Page 5 of 6
0IR�ARt�
ENV/RONMEKIAL SERVICES
W /•eft tt 14.4 ,<I
Sod Installation
Project Name: North Shore / Marina Island
Phase or Section: Phase 11 - Bid Package "C"
Date of Proposal: September 5, 2007
This proposal is valid for thirty (30) days.
Proposal Submitted By:
Direct Dial Telephone:
Private Fax:
Email Address:
Robert Archer
407- 708 -5698
407 -302 -5573
rarcher@girardonline.com
P&L/Budget Percentages
North Shore - Proposal (9 -5 -07) \ Sod Installation
9/5/2007 12:58 PM
Initials
Page 6 of 6
Unit Costs e
QtY Description Material Tax Hauling Total
Installation
• Total Costs
Material Hauling
Markup
Percent Unit Total
Price
Unit Total
10,400 JSeashoreftow
$ 0.57 $ 5,928.00
TOTAL SOD INSTALLATION
$ 5,928.00
P&L/Budget Percentages
North Shore - Proposal (9 -5 -07) \ Sod Installation
9/5/2007 12:58 PM
Initials
Page 6 of 6
SECTION 00605
PERFORMANCE BOND Bond 1104971278
KNOW ALL MEN BY THESE PRESENTS: that
Girard Environmental Services, Inc.
(Name of CONTRACTOR)
PO Box 1119, Sanford, FL 32772
(Address of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
Principal, and Travelers Casualty & Surety Company of America
(Name of Surety)
2420 Lakemont Avenue, Orlando, FL 32814
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto 1) City of Sanford
hereinafter called OWNER, in the full and just Sum of Sixty eight thousand nine hundr sixty
nine and 35/100 DOLLARS ($ 68,969.35------- - - - - -- ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than one hundred ten percent (110 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated the 14 day of September , 2007
a copy of which is hereto attached and made a part hereof for the construction of 2_
Irrigation System, L a nd scape Package and Sod Installation for North Shore /
Marina Island Phase II
1) Name of Owner
2) Name of Project identified in Instructions to Bidders
This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
Promptly and faithfully performs its duties, all the covenants, terms, conditions,
and agreements of said Agreement including, but not limited to the insurance
provisions, guaranty period and the warranty provisions, in the time and manner
prescribed in the Agreement, and
00605 -1
SPECUB052803
2. Pays OWNER all losses, damages, delay damages (liquidated or actual),
expenses, costs and attorneys' fees, including costs and attorney's fees on
appeal that OWNER sustains resulting directly or indirectly from any breach or
default by Principal under the Agreement, and
3. Satisfies all claims and demands incurred under the Agreement, and fully
indemnifies and holds harmless the OWNER from all costs and damages which it
may suffer by reason or failure to do so, then this bond is void; otherwise it shall
remain in full force and effect.
The coverage of this Performance Bond is co -equal with each and every obligation of
the Principal under the above referenced Agreement and the Contract Documents of which the
Agreement is a part.
In the event that the Principal shall fail to perform any of the terms, covenants and
conditions of the Agreement and the Contract Documents of which the Agreement is a part
during the period in which this Performance Bond is in effect, the Surety shall remain liable to
the OWNER for all such loss or damage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond, .
then the Surety shall also indemnify and hold the OWNER harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and costs for all trial and
appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This subsection shall survive the termination or cancellation of this
Performance Bond.
The Surety stipulates and agrees that its obligation is to perform the Principal's work
under the Agreement under the Bond. The following shall not be considered performance under
the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the
Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's
election to do nothing under the Bond shall be construed as a material breach of the Bond and
bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over
performance of the Principal's Work and be the completing Surety even if performance of the
Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's
Work to a completing contractor with Surety remaining liable for the completing contractor's
performance of the Principal's Work and furnishing adequate funds to complete the Work. The
Surety acknowledges that its cost of completion upon default by the Principal may exceed the
Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived by OWNER.
The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and not conditional or contingent upon OWNER's
pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i)
amendments or modifications to the Agreement entered into by OWNER and Principal without
the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the
Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii)
the discharge of Principal from its obligations under the Agreement as a result of any
proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any
similar state or federal law, or any limitation of the liability or Principal or its estate as a result of
any such proceeding.
00605 -2
SPECLIB052603
Any changes in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall
not affect Surety's obligations under this Bond and Surety hereby waives notice of any such
changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or
decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide common law rights more expansive than as
required by statute. The Surety agrees that this Bond shall be construed as a common law
bond.
IN WITNESS WHEREOF, this instrument is executed this the 11th day of October
2007
Girard Env' onment es, In
ATTEST: ZPrdin l nt racto C, Secretary (Principal) nature)
R;ct-�Qrc
Typed Name
(CORPORATE SEAL)
(Witness to Principal)
(CORPORATE SEAL)
00605 -3
SPECLB052803
Wl� \�c�rn R. C 3 • , co , �d ,�ces;tlec,+
Typed Name and Title
PO Box 1119
Address
Sanford, FL 32772
City, State, Zip
(407)302 -5568 (407)302 -55
Telephone No. Facsimile No.
Travelers Casualty & Surety
Company of America
Surety
(407)388 - 3529 (888)420 - 5786
Telephone No. Facsimile No.
Shelley Williams
Typed Name
Witness as to Surety
Linda Nelson
Typed Name
�...
Witness as to Surety
Andrea Iseman
Typed Name
a
By:
Attor i n - Fact
Cindy Cindy L. Mirisola
Typed Name
861 Douglas Avenue
Address
Altamonte Springs, FL 32714
City, State, Zip
(407)389 - 3588 (407)389 - 848 8
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners
shall execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of- Attorney appointing individual Attomey -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00605 -4
SPECUR052803
D
D
SECTION 00610
PAYMENT BOND
Bond #104971278
KNOW ALL MEN BY THESE PRESENTS: that
Girard Environmental Services, Inc.
(Name of CONTRACTOR)
PO Box 1119, Sanford, FL 32772
(Address of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
Principal, and Travelers Casualty & Surety Company of America
(Name of Surety)
2 420 Lakemont Avenue, Orlando, FL 32814
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto 1) City of Sanford
hereinafter called OWNER, in the full and just Sum of _ Sixty eight thousand nine hundre sixty
nine and 35/100 DOLLARS ($68,969.35------- - - - - -- ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than one hundred ten percent (110 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated the 1 4 day of September , 2007
a copy of which is hereto attached and made a part hereof for the construction of 2)
Irrigation System, Landscape Package and Sod Installation for North Shore/
Marina Island, Phase II
?) Name of Owner
2) Name of Project identified in Instructions to Bidders
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the
Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain
in full force and effect subject, however, to the following conditions:
1. This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as the same may be amended.
2. Therefore, a claimant, except a laborer, who is not in privity with the
CONTRACTOR and who has not received payment for his labor, Materials or
00610 -1
SPECLI8052803
supplies shall, within forty -five (45) days after beginning to furnish labor,
Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR
with a notice that he intends to look to the Bond for protection. A claimant who is
not in privity with the CONTRACTOR and who has not received payment for his
labor, Materials or supplies shall within ninety (90) days after performance of the
labor or completion of delivery of the Materials or supplies, or, with respect to
rental equipment, within 90 days after the date that the rental equipment was last
on the job site available for use, deliver to the CONTRACTOR and to the Surety
written notice of the performance of the labor or delivery of the Materials or
supplies and of the nonpayment. No action for the labor, Materials or supplies
may be instituted against the CONTRACTOR or the Surety on the bond after one
(1) year from the performance of the labor or completion of the delivery of the
Materials or supplies.
3. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement granted by OWNER to Principal without the Surety's
knowledge or consent, or (iii) the discharge of Principal from its obligations under
the Agreement as a result of any proceeding initiated under The Bankruptcy
Code of 1978, as the same may be amended, or any similar state or federal law,
or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
4. Any changes in or under the Agreement or Contract Documents and compliance
or noncompliance with any formalities connected with the Agreement or the
changes therein shall not affect Surety's obligations under this Bond and Surety
hereby waives notice of any such changes. Further, Principal and Surety
acknowledge that the Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
5. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other.
IN WITNESS WHEREOF, this instrument is executed this the 11th day of October
2007
ATTEST:
2.
Secretary (Principal)
RC�C� 1� • �i icC3.cr�
Typed Name
Girard Environmental
Services, Inc.
Prin ' I (C tr
AV
By Signature)
l�J' ► \ltc� 12. �icn,r� , F�h2SiC�.
Typed Name and Title
0061 0 -2
SPECLIB052803
(CORPORATE SEAL)
(Witness to Principal)
Typed Name
ATTEST:
(Surety) Secretary
Typed Name
I P
s
Shelley Williams
Typ Name
Witness as to Surety
Linda Nelson
Typed Name
Address
PO Box 1119, Sanford, FL 327
City, State, Zip
(407)302 -5568 (407)302 -55
Telephone No. Facsimile No.
Travelers Casualty & Surety
Company of America
Surety
(407)388 -3529 (888)420 -578
Telephone No. Facsimile No.
By: ,
Aftorn -in -Fact
Cindy L. Miriso
Typed Name
861 Douglas Avenue
Address
Altamonte Springs, FL 32714
City, State, Zip
(407)389 -3588 (407)389 -84
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners
shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power-of-Attorney appointing individual Attomey -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00610 -3
SPECUB052803
WARNING:
%TTORNEY IS INVALID WITHOUT THE RED BORDER
STPAUL POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney -In Fact No. 216490 Certificate No. 00
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that
the Companies do hereby make, constitute and appoint
Gerald K. Sihle, Barbara W. Aldinger, Louis G. Mitchell, and Cindy L. Mirisola
of the City of Altamonte Springs , State of Florida , their true and lawful Attomey(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Comyruees have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of May ZZ
18th
Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
u 6 �N N �NSU h N Sww R�/t1r.
00 swir yFtRE � .. I . SG
��WW��,���� �3}���7p`�� 71t� < i QO; •_9,�
- •`^"'�MVltttr vS 'f9G� � 9 <ZORFryRA).y
2 �i F:m Wi00RPORATf �! � aT � I
< � � i i
1951 N�O �`• SEALo % �';SSALja° CDNN. o N 1896
a ........- ' d f �o %`a s ash � � ��1') At11
�OF NFN� f .w „
State of Connecticut
City of Hartford ss.
By:
G orge W ompson, Sen(y President
On this the 18th day of May 2006 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G.TET
In Witness Whereof, I hereunto set my hand and official seal. �
My Commission expires the 30th day of June, 2006. � '°tIBU�j tk
)n&A;.k C - tJ�_
Marie C. Tetreault, Notary Public
58440 -9 -05 Printed in U.S.A.
NG: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company- of America, and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1 1 day of October 20 07
Kori M. Johans Assistant Secretary
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To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number,
the above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT