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HomeMy WebLinkAbout2016 ContractCRYCf E S . !A1V HOME OF PELICAN ISLAND Office of the City Manager 1225 Main Street — Sebastian, Florida 32958 Telephone: 772-388-8200 - jcarlisle@cityofsebastian.org August 2, 2018 Mr. Bill Brognano Ameron Services 519 Easy St. Sebastian, FL. 32958 RE: Assignment of Contract Services Dear Mr. Brognano, This letter is in reference to your request to assign the CRA Landscape Services Agreement between the City of Sebastian and Ameron Services dated January 15, 2016. The request was to transfer the CRA Landscape Service Agreement to Tropical Property Management due to the sale of your company to them. The current agreement under Section 1 Term is for three years and two automatic one year terms which would conclude the contract barring any circumstances to the contrary to January 15, 2021. Under Section 14 Sub -Contracts and Assienability, it allows for the transfer but only be done under the expressed written consent of the City Manager. By way of this letter I am granting the Assignment of the CRA Landscape Services Agreement from Ameron Services Inc. to Tropical Property Management Inc. under the same terms and conditions in the original Agreement provided the following conditions are met. Tropical Property Management must execute the following forms. • Non -collusion Affidavit • Drug Free Workplace • Affidavit on Public Entities Crimes • E-Verify form • Liability, property damage, and workers compensation insurance forms naming the City of Sebastian as additional insured. Please advise as the when this assignment is set to begin and the required documentation will be submitted. Thane Paul E. Carlisle City Manager l Ameron Services 519 S Easy Street Sebastian, FL 32958 772-388-8828 AmeronserviceS(CD,outl00k.G, ,,, Ameronnestcontro10..hotmai1.com Lawn and Landscape Bid for: City of Sebastian Main St Parks And right of ways on Indian River corridor. Sebastian FL The following proposal is for the lawn & Ornamental care (mowing and trimming) of the Parks and easements in city supplied list and scope of service. LAWN MAINTAINANCE • St. Augustine Turf and Bahia grass will be mowed weekly from April Is' through October 3111 • Lawns shall be mowed as needed November 1" through March 315� • The schedule above allows for weekly visits in accordance to attached scope of work and schedule provided. • Mowing will only occur between 730 am and 500 pm M-S and never on Sundays or holidays. • (Mowing height will be done in accordance with proper landscape principals and recommended mowing height for all turf grasses) Turf will be mowed with mulching mowers in a pattern to direct clippings away from structures, river, shrub beds sidewalks and streets where possible. • All clippings will be blown off hard surfaces and away from river with each mowing event. • Mowing will be completed in a systematic and timely fashion to maintain the appearance of landscape. • Edging will be done with edger to produce a nice crisp defined edge where required and no less than every other mow. (river banks will be edged to waterline rock area) • Lawn clippings will be mulched or removed from the grass to avoid excessive grass clippings being left on turf. • String trimmers will be utilized in areas that conventional mowing is prohibited. Due care will be used to not scalp turf grass with string trimmers. • Parking lots and sidewalks will be blown free of debris weekly. • Fallen branches, palm fronds and trash debris shall be picked up prior to mowing. • Culvert ends and drain grates will be cleared of accumulated clipping, leaves and mulch as needed. As well as 2 days in advance of named storm. They will be inspected biweekly. • In the event of a festival or event in the park, Ameron wit[ make a pre -festival inspection and/or treatment (Fire ants, additional trimming, cleanup or mowing if needed) in order to have the property in the best possible condition for the event. ORNAMENTAL AND SHRUB MAINTENANCE • Shrubs will be pruned as needed. In accordance with proper landscape principles. (Usually I time per month) to maintain the health and proper appearance of shrubs. • Pruning of flowering shrubs will be avoided while flowering unless needed to maintain standards and only in accordance to proper landscaping principals. • Diseased and dead wood will be removed as soon as practical. • Shrubs will be trimmed leaving clearance between shrubs and structures. (I foot minimum) Shrub and flower beds will be maintained to ensure optimum appearance. • All trimmings and pruning's will be removed the same day it is trimmed. • Spring and fall cutbacks of shrubs requiring hard pruning will be done in the spring and fall. Hard pruning will be done in accordance with proper landscaping principals. • Shrub beds and paved areas will be kept free of broadleaf and grassy weeds. (utilizing pre -emergent and post -emergent weed control) • Walkways, roadways, entry and parking areas will be cleaned of dirt and debris resulting from the performance of lawn and shrub care. This will be done during regular services. PALM TREE MAINTENANCE • Palms will be maintained up to 12 ft. • Dead fronds will be removed at least once per month. • Seed pods will be removed where practical to maintain appearance. • All debris will be removed the same day it is cut. OTHER TREE MAINTAENANCE • Trees will be maintained up to 12 ft. • Pruning of dead and diseased branches will be done once every quarter. • All debris will be removed same day it is cut. WEED CONTROL • Weed control in driveways, sidewalks, gutters, parking areas and boat ramps will be performed 1 time per month by herbicidal methods. • Weeds in landscape beds will be performed once per month for weeds and invasive plants using manual and chemical methods. ANNUALS • Replacement and planting of annuals in entryways or other areas designated by City of Sebastian will be done in spring and Fall or as requested for additional cost to be determined by estimate based on number of plants o Bed preparation and planting will be done by Ameron at Manager's direction. LANDSCAPE REPLACEMENT AND ADDITIONS. • Ameron will provide work order proposals as requested by City of Sebastian, for removal and replacement of dead, dying or diseased landscape plants once per quarter. • Pricing will be provided for urgent removal and replacement of landscaping or additional landscaping as requested by City of Sebastian • Ameron will provide sod replacement and Mulching as requested by City of Sebastian for a cost to be mutually agreed upon by both parties based on size, turf type and scope of work. o The above items and cost will be approved by management prior to starting any work in these regards. FERTILIZATION. INSECT. DISEASE AND WEED CONTROL Ameron Pest Control will perform a comprehensive Agronomic Turf Management program for your Lawn with a service schedule as follows: • We will service the lawns in the parks and easements along the Indian river corridor. o The property will be serviced every other month. o This will include liquid micronutrients and fertilizer to help stabilize color and growth. o The program will include insecticide as needed to control turf damaging insects. o FIRE ANT CONTROL IS INCLUDED IN THIS PROGRAM. o Disease control for certain fungus such as brown patch is included in this program. o Broadleaf weed control is included in the program. ■ Post emergent weed control will be performed on all services • A pre -emergent weed control will be applied in late winter/early spring to help prevent weeds from emerging. • CONSISTANT EFFECTIVE WEED CONTROL IN BARE AREAS IS NOT POSSIBLE (Ameron will inform City of Sebastian of areas that require replacement of turf grass to improve overall quality and appearance.) • Bahia turf grows with an ooen erowth habit and it is not possible to aet total weed control in Bahia areas. o Granular Fertilizer is included in this program and will be applied in spring and fall as part of the program. o Ph. adjustments are included in the program. Ameron pest Control will perform a comprehensive Agronomic Ornamental Management program for your shrubs and trees with a service schedule as follows: We will service the Woody Ornamentals and Trees in the parks and easements in the Indian river corridor. o The property will be serviced every other month. o The program will include insecticide as needed to control ornamental damaging insects. o The Program will include Fungus and disease control. For controllable Fungus and disease. o Granular Fertilizer is included in this program and will be applied in spring and fail as part of the program. wtitu Was 4 -v&?o Oak trees will be fertilized as needed but at least once a year. W#*4 wAs vs�d ��09 e�arL.rlsotd�vANc£ ��Fu,C/y cesfo� 6/F•vd en1.i/z6 Ameron Pest Control follows the State of Florida GI BMP's for the protection of water resources and all recommended landscaping guidelines and principals. A Manager will be present on the property every time a regular service is performed to ensure all services are being done to the City of Sebastian and Ameron's satisfaction. Ameron pest control will use the most up to date technologies to service your property. The safety and wellbeing of the general public and staff is of the highest concern for Ameron Pest control. All applications will be performed under the direction of a Florida certified operator and Certified Entomoloeist. All applications comply with the new Indian River County ordinance for protection of the lagoon. • Ameron will provide invoices monthly and in detail according to requirements by management, in regards to all services as well as to area designated. • All Ameron vehicles are clearly logoed with company name and phone number. • All Ameron employees will be in logoed uniforms. Employees will present themselves as professionals at all times. • Ameron will perform all duties with the courtesy and safety of residents in mind. • Ameron Manager and property manager will meet and review status of property at least once per month. • Ameron will provide current licensing, Insurance, workman's compensation for all employees and property as and in accordance with required limits. • Ameron will comply with all laws and regulations as required. • Ameron will follow all best management practices for the green industry and in compliance with all proper landscaping principals. It is Ameron Services intention to place whatever manpower is needed to maintain property on a full time basis. (This is in order to have a full time presence on property to address any needs as required and in the most expeditious manner.) The cost of the above Lawn and Landscape program is as follows: Monthly cost for Landscaping maintenance is S9600.00. Landscaping maintenance annual cost $115,200.00 A comprehensive initial Fertilization, insect and weed control is needed to get the turf and ornamentals in the best condition. This service includes Granular fertilizer for lawn and ornamentals. Fire ant control using top choice on entire property and ground rodding of existing nests. Pre -emergent and post -emergent weed control. Insecticide, fungicide, and micronutrient spray to all lawn and ornamental areas. Cost for comprehensive initial would be $6,875.00 After comprehensive initial the cost would be as follows: Monthly cost for Fertilization, Insect and Weed control program for turf an ornamentals S3,437.50 Fertilization, Insect and Weed control program for turf and ornamentals annual cost $41,250.00 Total Monthly cost $13,037.50 Total annual cost $156,450.00 Thank you for allowing us to provide this proposal. All services will be supervised and under the direction of our service Director, and in accordance with Florida friendly landscaping principles. This proposal and agreement for services will run from 1201 through , 201 and may be cancelled at anytime by either party with 60 days' written notice. Accepted by William Brognano, President Ameron Services City Manager Robert Hederman ACE Service Director Board Member Board Member Board Member CRA LANDSCAPE SERVICES AGREEMENT THIS AGREEMENT made this 15T" day of January 2016, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida 32958 ("City') and Ameron Services, 519 S. Easy Street, Sebastian, FL 32958 ("Contractor"), sets forth that: WHEREAS, The City desires to engage a Contractor who has professional competence and experience in landscape maintenance and pest control services; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall be for three (3) years, with two (2) automatic one (1) year extensions thereof absent delivery by either party at least sixty (60) days before each anniversary date of written notice of its intent to terminate 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Instructions to Bidders, the scope of services, Contractor Qualification Questionnaire, Attachments, scope of Work by contractor, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and scope of services are an integrated part of the Contract Documents and. as such will not stand alone if used independently. The scope of services is end result oriented and establish minimum standards of performance and quality for this Work. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required to the extent consistent with the Agreement Documents and reasonably inferring from them as being necessary to produce the intended results. b. Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. c. Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. d. Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform landscape maintenance, pest control, and other related services of the defined areas within the City's CRA/Waterfront district in accordance with the Agreement Documents. 4. SCOPE OF SERVICES AND RELATED DATA., The intent of the scope of services and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the Work described in the Agreement Documents and all incidental Work considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the scope of services and site conditions, or any errors or omissions in the scope of services, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any Work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of reported errors or omissions in the scope of services may be made by the City in its sole discretion when the City determines such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of Work to be done by the Contractor, compensation for said additional Work shall be negotiated between the parties and must be issued as a written change order before any such additional Work is performed or no additional compensation shall be made. The fact that specific mention of any part of Work is omitted in the scope of services, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such Work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said Work must be performed and completed the same as if called for by the Agreement Documents. All Work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the scope of services, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the scope of services. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the scope of services, the provisions of the latter shall prevail. 5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached exhibit titled "Lawn and Landscape Bid for: City of Sebastian" (Exhibit A), consisting of the Contractor's unit prices, as billed after the unit area is completely mowed/treated by the Contractor and verified by the appropriate City personnel. Payments shall not be made for Work deemed incomplete or deficient by the City. At time of billing, the Contractor shall submit an invoice with the supporting Work Performance Statements documenting all work completed and accepted work by the City to the Public Works Department and payment shall be made within thirty (30) days of receipt. a. Claims. Claims arising from changes or revisions made by the contractor at the City's request shall be presented to the City before Work starts on the changes or revisions. If the Contractor deems that extra compensation is due for Work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before Work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. b. The City reserves the right to increase or decrease the amount a unit area(s) is mowed/treated at any time. The Unit Price on the Lawn and Landscape Bid is a fixed rate. The annual cost represents the current amount of maintenance the listed areas have received and an estimated quantity the City wishes to receive. If the City increases or reduces its mowing maintenance requirements, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back-up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right-of-ways areas, and keep streets, sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances with appropriate Maintenance of Traffic (MOT) and when necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways including appropriate MOT signage and markings. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub - Contractor and all persons engaged in Work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement are not, and shall not be deemed to be, employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the Work assigned to them. Any foreman or workman employed by the Contractor or sub -Contractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be removed from performing service under this Agreement immediately and shall not be so employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any sub -Contractor or persons employed by sub -Contractors. All personnel shall, at all times, present a neat appearance, and ail Work shall be performed and all complaints handled effectively and efficiently. The City and the Contractor shall immediately notify each other of any complaints received. The Contractor is required and hereby agrees by accepting this Agreement to pay all employees not less than the Federal Minimum Wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act; as amended, and changed from time to time. The Contractor shall provide a statement that it is an Equal Opportunity Employer. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such suspension or termination. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection, and acceptance of the Project Manager. The Project Manager shall resolve any and all issues which may arise as to the quality, completeness, and acceptability of Work performed, or Work to be performed, interpretation of scope of services, and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor. If the Contractor disputes a decision of the Project Manager, the matter shall be referred to the City Manager who will resolve such questions with finality. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the personnel and tools and equipment used by the Contractor for the performance of Work. Upon request or on his/her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor will provide for review by the City a detailed tentative annual schedule of the Work. The Contractor shall also provide detailed weekly schedules as required by the Technical Specifications, The City shall not be responsible for the acts or omissions of the Contractor. 10. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City specifying the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain Day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be documented. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. The Contractor shall not suspend operations without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the state of Florida. The Contract requires that the Contractor and any and all sub -Contractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the city for violations of OSHA committed by the Contractor or any and all sub -Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), FOOT Standards for MOT, International Municipal Signal Association (IMSA) work zone traffic control safety requirements, and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his sub -Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. The Contractor shall perform any Work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by Contractor's employees or Work. The Contractor shall remove all debris and surplus materials as a result of his Work activities and shall leave the Work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as Work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. All debris shall be transported off -site daily at Contractor's expense. The Work will be considered complete only after all debris and surplus material due to or connected with the work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub - Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any subcontracts or outside associates or contractors engaged by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub- Contractor(s), representatives, servants, assigns, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. IT CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or any employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18 CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 19 COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of section 287.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 23: GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON-PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non- performance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to performed the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the Work with its own resources or hire a third party to perform Work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each deficiency and compound it each day that the deficiency exists. The liquidated damages start 48 hours after the Contractor has been verbally notified of the deficiency. This amount represents an estimate of the City's damages for aesthetic and functional loss to its citizens and administrative costs associated with the deficiencies and delays. 26. DRUG -FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287,089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28, INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: a. Workers' Compensation — Contractor shall purchase workers' compensation insurance as required by law. b. Commercial General Liability — Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. c. Commercial Auto Liability — Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000.000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the Contractor to insure that all sub -Contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until his has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any sub -Contractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any sub -Contractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death. under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of Construction as provided in the Contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): Sally A. Maio MMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, ny Attorney Signed, sealed and delivered In the presence of: Sign://i 1 ll' rI I'1. i(LI f Print Name: Sign. tc.r1 11 1.__� rkl`cLL, Print Name:- $ p �iX Ll'0 "kcc k' THE CITY OF SEBASTIAN A MUNICIPAL CORPORATION Joe Griffin City Manager AMERON SERVICES — CONTRACTOR William Brognarto, President that does: DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. ?. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph I, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph t through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date:. - ./Signature PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form swom statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of S10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR OUOTE OR BID DOCUMENTS. NON -INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted with Bid, Proposal or Agreement No. I `_) I Z for THE CITY OF SEBASTIAN. 2. Thin swum statement is submitted by C-1: „�\.. �= Q (name of entity submitting swout, statement) whose business address is L\ and (if applicable) its Federal Employer Identification (FEIN) is I > 2. i I (If the entity has no FEIN, include the Social Security Number of the individual signing this swom statement: 3. My name is (. ,', ,\\ tj i�a ,� v - (please print name of individual sigtting) and my relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(I)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(I)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) [Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) ILa J (Signature) Date: � � � t) I I STATE OF FLORIDA COUNTY OF (l 0e'°J The foregoing instrument was Sa� owledged before me this day of J�'1 2016 by i l 1' V, rYW ) (title) o ehalf of (nam of prptnership), a partnership. He/she is personally known So me or has produced AIIA as identification and did () did not (f take an oath. v "✓�.:VA's LINDA M. LOHSL Name: Commission+I FF 117566 �t y, Exppires J ne.IB. oy,�,, My Commission Expires: ' Commission Number: PUBLIC RECORDS FORM Contract Name: Agreement between the City of Sebastian and Ameron Services, 5 L9 S. Easy Street, Sebastian, FL 32955 Project Description: Landscape Services In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between the City of Sebastian and the Contractor shall require the contractor to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and c) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Authorized Signature: Print Company/Firm: Date: Title: �kt j "ts. '- ( CRA LANDSCAPE SERVICES AGREEMENT THIS AGREEMENT made this 15T" day of January 2016, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida 32958 ("City") and Ameron Services, 519 S. Easy Street, Sebastian, FL 32958 ("Contractor"), sets forth that: WHEREAS, The City desires to engage a Contractor who has professional competence and experience in landscape maintenance and pest control services; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall be for three (3) years, with two (2) automatic one (1) year extensions thereof absent delivery by either party at least sixty (60) days before each anniversary date of written notice of its intent to terminate AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Instructions to Bidders, the scope of services, Contractor Qualification Questionnaire, Attachments, scope of Work by contractor, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and scope of services are an integrated part of the Contract Documents and as such will not stand alone if used independently. The scope of services is end result oriented and establish minimum standards of performance and quality for this Work. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required to the extent consistent with the Agreement Documents and reasonably inferring from them as being necessary to produce the intended results. Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. c. Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. d. Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform landscape maintenance, pest control, and other related services of the defined areas within the City's CRA/Waterfront district in accordance with the Agreement Documents. 4. SCOPE OF SERVICES AND RELATED DATA. The intent of the scope of services and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the Work described in the Agreement Documents and all incidental Work considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the scope of services and site conditions, or any errors or omissions in the scope of services, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any Work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of reported errors or omissions in the scope of services may be made by the City in its sole discretion when the City determines such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of Work to be done by the Contractor, compensation for said additional Work shall be negotiated between the parties and must be issued as a written change order before any such additional Work is performed or no additional compensation shall be made. The fact that specific mention of any part of Work is omitted in the scope of services, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such Work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said Work must be performed and completed the same as if called for by the Agreement Documents. All Work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the scope of services, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the scope of services. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the scope of services, the provisions of the latter shall prevail. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached exhibit titled "Lawn and Landscape Bid for: City of Sebastian" (Exhibit A), consisting of the Contractor's unit prices, as billed after the unit area is completely mowed/treated by the Contractor and verified by the appropriate City personnel. Payments shall not be made for Work deemed incomplete or deficient by the City. At time of billing, the Contractor shall submit an invoice with the supporting Work Performance Statements documenting all work completed and accepted work by the City to the Public Works Department and payment shall be made within thirty (30) days of receipt. a. Claims. Claims arising from changes or revisions made by the contractor at the City's request shall be presented to the City before Work starts on the changes or revisions. If the Contractor deems that extra compensation is due for Work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before Work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. b. The City reserves the right to increase or decrease the amount a unit area(s) is mowed/treated at any time. The Unit Price on the Lawn and Landscape Bid is a fixed rate. The annual cost represents the current amount of maintenance the listed areas have received and an estimated quantity the City wishes to receive. If the City increases or reduces its mowing maintenance requirements, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back-up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right-of-ways areas, and keep streets, sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances with appropriate Maintenance of Traffic (MOT) and when necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways including appropriate MOT signage and markings. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub - Contractor and all persons engaged in Work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement are not, and shall not be deemed to be, employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the Work assigned to them. Any foreman or workman employed by the Contractor or sub -Contractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be removed from performing service under this Agreement immediately and shall not be so employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any sub -Contractor or persons employed by sub -Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently. The City and the Contractor shall immediately notify each other of any complaints received. The Contractor is required and hereby agrees by accepting this Agreement to pay all employees not less than the Federal Minimum Wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act; as amended, and changed from time to time. The Contractor shall provide a statement that it is an Equal Opportunity Employer, 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such suspension or termination. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection, and acceptance of the Project Manager. The Project Manager shall resolve any and all issues which may arise as to the quality, completeness, and acceptability of Work performed, or Work to be performed, interpretation of scope of services, and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor. If the Contractor disputes a decision of the Project Manager, the matter shall be referred to the City Manager who will resolve such questions with finality. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the personnel and tools and equipment used by the Contractor for the performance of Work. Upon request or on his/her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor will provide for review by the City a detailed tentative annual schedule of the Work. The Contractor shall also provide detailed weekly schedules as required by the Technical Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City specifying the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain Day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be documented. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. The Contractor shall not suspend operations without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the state of Florida. The Contract requires that the Contractor and any and all sub -Contractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the city for violations of OSHA committed by the Contractor or any and all sub -Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), FDOT Standards for MOT, International Municipal Signal Association (IMSA) work zone traffic control safety requirements, and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his sub -Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. The Contractor shall perform any Work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by Contractor's employees or Work. The Contractor shall remove all debris and surplus materials as a result of his Work activities and shall leave the Work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as Work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. All debris shall be transported off -site daily at Contractor's expense. The Work will be considered complete only after all debris and surplus material due to or connected with the work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub - Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any subcontracts or outside associates or contractors engaged by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub- Contractor(s), representatives, servants, assigns, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or any employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of section 287.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON-PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non- performance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to performed the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the Work with its own resources or hire a third party to perform Work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each deficiency and compound it each day that the deficiency exists. The liquidated damages start 48 hours after the Contractor has been verbally notified of the deficiency. This amount represents an estimate of the City's damages for aesthetic and functional loss to its citizens and administrative costs associated with the deficiencies and delays. 26. DRUG -FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: Workers' Compensation — Contractor shall purchase workers' compensation insurance as required by law. Commercial General Liability — Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. c. Commercial Auto Liability — Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the Contractor to insure that all sub -Contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until his has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any sub -Contractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any sub -Contractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of Construction as provided in the Contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): Sally A. Maio MMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Signed, sealed and delivered In the presence of: Sign: Print Name: Sign: ) , �l _, -��� %c.L(- Print Name*. THE CITY OF SEBASTIAN A MUNICIPAL CORPORATION Joe Griffin City Manager AMERON SERVICES - CONTRACTOR William Brognario, President DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. i Date: Signature PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR OUOTE OR BID DOCUMENTS. NON -INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. q 1 .-3 1 Z for THE CITY OF SEBASTIAN. 2. Thy sworn statement is submitted by (name of entity subrgitting swom, statement) whose business address is i � (- ) -` �, .,-f c, ,, and (if applicable) its Federal Employer Identification (FEIN) is entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is �, ,', , \ \ �� �. C] i�:� (please print name of individual signing) and m relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) e (Signature) I Date: f i-! i STATE OF FLORIDA COUNTY OF � The foregoin�j instrument was acknowledged before me this day of i jM , 2016 by U(1 u [ ' ) � V'D (title) of (nam of p rtnership), a partnership. He/she is personally known to me or has produced as identification and did () did not (J(take an oath. • `;;;;' �y,•,,, LINDA M. L0H SL 117566 :;.•: Commission Name: Expires June 18, 2ot8 My Commission Expires: �., ,u ?�•`• Bonaed Thm Troy Frn Insunna i0T3o5-7;19 e Commission Number: PUBLIC RECORDS FORM Contract Name: Agreement between the City of Sebastian and Ameron Services, 519 S. Easy Street, Sebastian, FL 32958 Project Description: Landscape Services In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between the City of Sebastian and the Contractor shall require the contractor to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and c) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Authorized Signature: j 7 ti J\ Print Company/Firm: Date: Title: Ameron Services 519 S Easy Street Sebastian, FL 32958 772-388-8828 Ameronservicesa outlook. com Ameronoestcontrolahotmail.com Lawn and Landscape Bid for: City of Sebastian Main St Parks And right of ways on Indian River corridor. Sebastian FL The following proposal is for the lawn & Ornamental care (mowing and trimming) of the Parks and easements in city supplied list and scope of service. LAWN MAINTAINANCE • St. Augustine Turf and Bahia grass will be mowed weekly from April 1 st through October 3 1 " • Lawns shall be mowed as needed November 1 st through March 31 st • The schedule above allows for weekly visits in accordance to attached scope of work and schedule provided. • Mowing will only occur between 730 am and 500 pm M-S and never on Sundays or holidays. • (Mowing height will be done in accordance with proper landscape principals and recommended mowing height for all turf grasses) Turf will be mowed with mulching mowers in a pattern to direct clippings away from structures, river, shrub beds sidewalks and streets where possible. • All clippings will be blown off hard surfaces and away from river with each mowing event. • Mowing will be completed in a systematic and timely fashion to maintain the appearance of landscape. • Edging will be done with edger to produce a nice crisp defined edge where required and no less than every other mow. (river banks will be edged to waterline rock area) • Lawn clippings will be mulched or removed from the grass to avoid excessive grass clippings being left on turf. • String trimmers will be utilized in areas that conventional mowing is prohibited. Due care will be used to not scalp turf grass with string trimmers. • Parking lots and sidewalks will be blown free of debris weekly. • Fallen branches, palm fronds and trash debris shall be picked up prior to mowing. • Culvert ends and drain grates will be cleared of accumulated clipping, leaves and mulch as needed. As well as 2 days in advance of named storm. They will be inspected biweekly. • In the event of a festival or event in the park, Ameron will make a pre -festival inspection and/or treatment (Fire ants, additional trimming, cleanup or mowing if needed) in order to have the property in the best possible condition for the event. ORNAMENTAL AND SHRUB MAINTENANCE • Shrubs will be pruned as needed. In accordance with proper landscape principles. (Usually 1 time per month) to maintain the health and proper appearance of shrubs. • Pruning of flowering shrubs will be avoided while flowering unless needed to maintain standards and only in accordance to proper landscaping principals. • Diseased and dead wood will be removed as soon as practical. • Shrubs will be trimmed leaving clearance between shrubs and structures. (1 foot minimum) Shrub and flower beds will be maintained to ensure optimum appearance. • All trimmings and pruning's will be removed the same day it is trimmed. • Spring and fall cutbacks of shrubs requiring hard pruning will be done in the spring and fall. Hard pruning will be done in accordance with proper landscaping principals. • Shrub beds and paved areas will be kept free of broadleaf and grassy weeds. (utilizing pre -emergent and post -emergent weed control) • Walkways, roadways, entry and parking areas will be cleaned of dirt and debris resulting from the performance of lawn and shrub care. This will be done during regular services. PALM TREE MAINTENANCE • Palms will be maintained up to 12 ft. • Dead fronds will be removed at least once per month. • Seed pods will be removed where practical to maintain appearance. • All debris will be removed the same day it is cut. OTHER TREE MAINTAENANCE • Trees will be maintained up to 12 ft. • Pruning of dead and diseased branches will be done once every quarter. • All debris will be removed same day it is cut. WEED CONTROL • Weed control in driveways, sidewalks, gutters, parking areas and boat ramps will be performed 1 time per month by herbicidal methods. • Weeds in landscape beds will be performed once per month for weeds and invasive plants using manual and chemical methods. ANN UAL S • Replacement and planting of annuals in entryways or other areas designated by City of Sebastian will be done in spring and Fall or as requested for additional cost to be determined by estimate based on number of plants o Bed preparation and planting will be done by Ameron at Manager's direction. LANDSCAPE REPLACEMENT AND ADDITIONS • Ameron will provide work order proposals as requested by City of Sebastian, for removal and replacement of dead, dying or diseased landscape plants once per quarter. • Pricing will be provided for urgent removal and replacement of landscaping or additional landscaping as requested by City of Sebastian • Ameron will provide sod replacement and Mulching as requested by City of Sebastian for a cost to be mutually agreed upon by both parties based on size, turf type and scope of work. o The above items and cost will be approved by management prior to starting any work in these regards. FERTILIZATION, INSECT, DISEASE AND WEED CONTROL Ameron Pest Control will perform a comprehensive Agronomic Turf Management program for your Lawn with a service schedule as follows: • We will service the lawns in the parks and easements along the Indian river corridor. o The property will be serviced every other month. o This will include liquid micronutrients and fertilizer to help stabilize color and growth. o The program will include insecticide as needed to control turf damaging insects. o FIRE ANT CONTROL IS INCLUDED IN THIS PROGRAM. o Disease control for certain fungus such as brown patch is included in this program. o Broadleaf weed control is included in the program. ■ Post emergent weed control will be performed on all services • A pre -emergent weed control will be applied in late winter/early spring to help prevent weeds from emerging. • CONSISTANT EFFECTIVE WEED CONTROL IN BARE AREAS IS NOT POSSIBLE (Ameron will inform City of Sebastian of areas that require replacement of turf grass to improve overall quality and appearance.) • Bahia turf Grows with an open growth habit and it is not possible to Qet total weed control in Bahia areas. o Granular Fertilizer is included in this program and will be applied in spring and fall as part of the program. o Ph. adjustments are included in the program. Ameron pest Control will perform a comprehensive Agronomic Ornamental Management program for your shrubs and trees with a service schedule as follows: We will service the Woody Ornamentals and Trees in the parks and easements in the Indian river corridor. o The property will be serviced every other month. o The program will include insecticide as needed to control ornamental damaging insects. o The Program will include Fungus and disease control. For controllable Fungus and disease. o Granular Fertilizer is included in this program and will be applied in spring and fall as part of the program. o Oak trees will be fertilized as needed but at least once a year. Ameron Pest Control follows the State of Florida GI BMP's for the protection of water resources and all recommended landscaping guidelines and principals. A Manager will be present on the property every time a regular service is performed to ensure all services are being done to the City of Sebastian and Ameron's satisfaction. Ameron pest control will use the most up to date technologies to service your property. The safety and wellbeing of the general public and staff is of the highest concern for Ameron Pest control. All applications will be performed under the direction of a Florida certified operator and Certified Entomolov-ist. All applications comply with the new Indian River County ordinance for protection of the lagoon. • Ameron will provide invoices monthly and in detail according to requirements by management, in regards to all services as well as to area designated. • All Ameron vehicles are clearly logoed with company name and phone number. • All Ameron employees will be in logoed uniforms. Employees will present themselves as professionals at all times. • Ameron will perform all duties with the courtesy and safety of residents in mind. • Ameron Manager and property manager will meet and review status of property at least once per month. • Ameron will provide current licensing, Insurance, workman's compensation for all employees and property as and in accordance with required limits. • Ameron will comply with all laws and regulations as required. • Ameron will follow all best management practices for the green industry and in compliance with all proper landscaping principals. It is Ameron Services intention to place whatever manpower is needed to maintain property on a full time basis. (This is in order to have a frill time presence on property to address any needs as required and in the most expeditious manner.) The cost of the above Lawn and Landscape program is as follows: Monthly cost for Landscaping maintenance is $9600.00. Landscaping maintenance annual cost $115,200.00 A comprehensive initial Fertilization, insect and weed control is needed to get the turf and ornamentals in the best condition. This service includes Granular fertilizer for lawn and ornamentals. Fire ant control using top choice on entire property and ground rodding of existing nests. Pre -emergent and post -emergent weed control. Insecticide, fungicide, and micronutrient spray to all lawn and ornamental areas. Cost for comprehensive initial would be $6,875.00 After comprehensive initial the cost would be as follows: Monthly cost for Fertilization, Insect and Weed control program for turf an ornamentals $3,437.50 Fertilization, Insect and Weed control program for turf and ornamentals annual cost $41,250.00 Total Monthly cost $13,037.50 Total annual cost $156,450.00 Thank you for allowing us to provide this proposal. All services will be supervised and under the direction of our service Director, and in accordance with Florida friendly landscaping principles. This proposal and agreement for services will run from , 201 through , 201 and may be cancelled at anytime by either party with 60 days' written notice. Accepted by William Brognano, President Ameron Services City Manager Robert Hederman ACE Service Director Board Member Board Member Board Member Legend E A \ �7 i i / / s•� 7 f o Areawide Recommendations 1. Retain 2-3 story maximum building s height. 2. Modify community design guidelines to reinforce "Old Florida Fishing Village" design theme. 3. Future study to further address parking needs in the CRA. Capital Improvements 1. Riverview Park improvements. 2. Streetscape improvements to US-1, Riverside Drive, and Sebastian Boulevard (east and westbound). 3. Reconfigure boat trailer parking. 4. Develop a stormwater park. —.'� s�rwT CaTr`LRJY SEB�STMN ELEMEMTMY SGi00L Gateway Treatm t CRA Boundary q Gateway Treatment Riverside Drive Streetscapes and Pocket Parks WE Tun z 0 Scale: V = 800' Main Street 4 0 800 Activity Center r F-T �� �.�°� .•� ° r US 1 Streetscape Enhancements (� and "Build to Street" , i y �- �I ss Riverview Park ,a„,— I- T- I-- I Activity Center s - f Boul4ard � TrianTe- "d Use TT fie,.. viomwce°.o ep Treatment Redevelopment Plan Summary Map City of Sebastian CRA SEBASTIAN +LMPuwCUMP Kimley-Horn and Associates, Inc. Figure 1 HOME Of PELICAN ISLAND Potential CRA Expansion to �. mprove iverview Park CITY OF SEBASTIAN CRA DISTRICT �O�ITHLYSERVICE SCHEDULE FERTILIZATION INSECT CONTROL PROGRAM Jan Feb Mar Apr Mav June July Aug Sept Oct Nov Dec # Svcs Community Center Turf L, WC G, WC L, WC WC WC L, WC Shrub I L G, L I L L IL, L IG, G, L i 6 Crabby Bills Turf L, WC G, WC L, WC L, WC G, WC L, WC 6 Shrub IL IG, L I IL I L { L I G, L 6 Boat ramp Turf I L, WC G, WC IL L, WC L, WC G, WC L, WC 6 Shrub �L G, L I L L I G, L 6 Chamber of commerce Turf L, WC G, WC L, WC L, WC G, WC L, WC 6 Shrub IL G, L I L I L I L G, L I 6 Easements and parking Turf I L, WC I G, WC I L, WC L, WC G, WC L, WC ` 6 Shrub L G, L L I IL I IL I IG, L 1 6 Yacht club Turf L, WC G, WC L, WC L, WC IG, WC L, WC ` 6 Shrub IL I IG, L I L I L I L G, L I 6 Twin piers Turf L, WC G, WC L, WC L, WC G, WC L, WC 6 Shrub IL 1 G, L L L L G, L 6 Riverside park Turf I L, WC G, WC IL, WC L, WC G, WC L, WC 6 Shrub IL G, L I L I L L G, L 6 Veterans Park Turf I IL, WC I IG, WC I L, WC L, WC G, WC I L, WC 6 Shrub IL I IG, L I IL L L G, L 1 I 6 LAWN AND SHRUB CARE FERTILIZATION PROGRAM WILL BE PERFORMED THE SECOND WEEK OFTHE MONTH IN ENTIRE CRA DISTRICT L=LIQUID MICRONUTRIENTS, INSECT CONTROL,DESEASE CONTROL WC=WEED CONTROL IN TURF NO NITROGEN IS PUT DOWN IN BAN PERIOD G=GRANULAR CUSTOM BLENDED FERTILIZER THAT CONFIRMS TO BMP'S NO PHOSPHORUS IS PUT ON TURF it � CITY OF SEBASTIAN CRA DISTRICT aS MnjlY HLYSERVICESCHEDULEMOWINGANDTRIMMING Jan Feb Mar Apr Mav June July Aug Sept Oct Nov Dec Community Center Turf IM-W M-W M-W M-W M-W M-W M-W M-W M-W M-W M-W M-W Shrub IM-W M-W I M-W M-W IM-W I M-W M-W I M-W I M-W IM-W IM-W M-W Crabby Bills Turf IM-W M-W M-W M-W M-W M-W M-W M-W M-W M-W M-W M-W Shrub IM-W M-W I M-W M-W M-W M-W M-W M-W I M-W I M-W IM-W I M-W Boat ramp Turf IM-W M-W M-W M-W M-W IM-W M-W M-W M-W M-W M-W, M-W Shrub IM-W IM-W M-W IM-W IM-W IM-W M-W M-W I M-W IM-W IM-W I M-W Chamber ofcommerce Shrub IM-W IM W IM-W IM-W IM-W IM-W IM-W IM-W M-W IM-W M-W M W Easements and parking IT-F IT-F IT-F IT-F IT-F IT-F Shrub T-F IT-F IT-F IT-F T-F IT-F Yacht club Shrub IM-W IM-W IM W IM-W IM-W IM-W IM-W IM-W I M-W IM-W I M-W M-W Twin piers Turf IT-F T-F T-F T-F T-F T-F T-F T-F T-F T-F T-F T-F Shrub IT-F T-F T-F T-F T-F T-F T-F T-F T-F T-F T-F T-F Riverside park Turf ET-F T-F T-F T-F T-F T-F T-F T-F T-F T-F T-F T-F Shrub T-F IT-F IT-F IT-F IT-F T-F T-F T-F T-F T-F T-F T-F Veterans Park Turf IT-F IT-F IT-F IT-F IT-F T-F T-F T-F IT-F T-F T-F T-F Shrub IT-F IT-F T-F IT-F IT-F T-F T-F T-F T-F T-F T-F T-F WORK WILL BE DONE IN ACCORDANCE TO PREVIOUSLY SIGNED AGREEMENTAND SCOPE OF SERVICE M-W=MONDAYTHROUGH WEDNESDAY T-F=THURSDAY THROUGH FRIDAY