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HomeMy WebLinkAbout2016 - ContractNUISANCE ABATEMENT MOWING SERVICES AGREEMENT ,�� THIS AGREEMENT made thW016,d 6& by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida 32958 ("City") and Mobley IIMobley II Enterprises LLC. 815 Brevard Avenue. Cocoa. FL 32922LLC. 815 Brevard Avenue. Cocoa. FL 32922 ("Contractor"), sets forth that: WHEREAS, The City desires to engage a Contractor who has special and unique competence and experience in mowing maintenance 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 run through September 30, 2018. However the Agreement shall be automatically renewed on October I" each year thereafter, absent delivery by either party no later than the preceding August 151 of written notice of its intent to allow the agreement to lapse. Notwithstanding the automatic renewal provision above, the Agreement shall not extend beyond September 30, 2020. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price Form, Instructions to Bidders, the Technical Specifications, Contractor Qualification Questionnaire, Attachments, Work Orders, 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 Technical Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Technical Specifications are 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 only 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 mowing maintenance and other related services of the entire right-of-way and easement areas of various size ditches, as well as the entire width of road right-of-ways swale areas for the City in accordance with the Agreement Documents. 4. TECHNICAL SPECIFICATIONS AND RELATED DATA. The intent of the Technical Specifications 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 Technical Specifications and site conditions, or any errors or omissions in the Technical Specifications, 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 errors or omissions in the Technical Specifications may be made by the City when 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 Technical Specifications, 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 Technical Specifications, 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 Technical Specifications. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the Technical Specifications, 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 "Bid Proposal Price Form", consisting of the Contractor's unit prices, as billed after the unit area is completely mowed 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. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. 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 at any time. The City guarantees to the Contractor that the listed areas will be mowed at least once in the contract year. The Unit Price on the Bid Proposal Price Form 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 and when deemed 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. 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 shall not 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 discharged immediately and shall not be 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 with due regard to City public relations. The City and the Contractor shall be immediately notified by 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 five (5) 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 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 and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. 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 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 of 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 Manger 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. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph 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 with the Act 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), 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 time's 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. 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 sub -Contractors or other work which is performed by persons or funis other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or contractors required 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(ies) 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, 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 appropriate 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 known 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 it 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 Ditch that is deficient and compound it each day that the deficiency exists, and/or for each Collector Road or City Unit with a Swale that is deficient 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: Project 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, Contract 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 acceptable by the City. The Contractor and the insurance compary(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. 29. PUBLIC RECORDS FORM Name: Construction Services Agreement between the City of Sebastian and 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 Ci Authorized Signature: Date: O 6 Print �iVr� ._ G Title: /C 0 IF CONTRACTOR HAS A QUESTION REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 1-772-388-8215 / E- MAIL jwilliamsAcityofsebastian.org STREET, SEBASTIAN, FLORIDA. Authorized Signature: Print Company/Firm: CITY OF SEBASTIAN, 1225 MAIN 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. /ATTEST -(SEAL):: C jjbuCWY1Q.. ailette 4Vitliaraa MMC Approved as to form and legality for Relip4ice by the City of Sebastian only: Robert A. Ginsburg, City Attorney THE CITY OF EBASTIAN Joseph trifffn City Manager Signed, sealed and delivered In the presence of: N Print Name: Print CoN RACTOR RFP 16-21 NUISANCE ABATEMENT LOT MOWING /MAINTENANCE SERVICES PRICE PROPOSAL SHEET ITEM ITEM DESCRIPTION Price Per Cut #1 Improved Real Property—up too 11/4 acre in size $72.00 Up to Y. Acre #2 Improved Real Property — 1/2 Se $ 85.00 Up to %: Acre #3 Unimproved Real Property — Five (5) foot cut back $ 92.50 Per Hour of nuisance overgrowth. 94 Boarding Up Residences $ 109.00 Hourly Rate/ Plus Material Large Debris Removal (such as mattresses, etc.) $ 109.00 Hourly Rate/ Plus Tipping Fee #5 #6 Pool Clean-up and or Securing, etc. $ 109.00 Hourly Rate/Plus Material By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to executelenter into said agreement within (14) consecutive calendar days' notice by the City, and agree to all the terms and conditions of all documents stated herein, with the Ci of Sebastian, for the above stipulated price. � 7-1�.✓4„--, / 815 Brevard Ave Abtlidhzed Signage Address Henry D. Mobley Jr. Cocoa, FI. 32922 Print Name City, State, Zip Code WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Mobley II Enterprises LLC. 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. 9ace, 2. Inform employees about the dangers of drug abuse in the workpth ss' policy of maintaining a drug free workplace, any available drug counseling, r on, employee assistance programs and the penalties that may be imposed upon emplo 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. Date: 09/16/2016 Signatur 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. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Mobley I I Enterprises LLC. (name of entity submitting sworn statement) whose business address is 815 Brevard Ave and (if applicable) its Federal Employer Identification (FEIN) is ;If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is Channal Walker (please print name of individual signing) _ and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined7iV%orwia/*ncy 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a prespect to and directly related to the transaction of business with any public entity, or political subdivision of any other state or with the United States, including, but not Wted 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.) !lam 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 swom stat one or more of the officers, directors, executives, partners, shareholders, employees, memb 0ents who are active in management of the entity, or an affiliate of the entity has been charged convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which adds 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 o,�eneral Servi , s.)n e (Signature) Date: % l w^ ( & STATE OF FLO A COUNTY OF fe foregoi int was ackno ged befor me this �(0 day of c I -PNC (title) o e of partnership), a partnership. He/she i on kn has produ identification and did rd not ( ) Name: 4 //W/^ ,"' `"' CHARMAINE HALL My Commission Expi MY COMMISSION #FF129936 Commission Number: + �F EXPIRES June 28, (qp7) 39a-0153 FloriOallotaryService.com 5611 an oath. REFERENCES Proposer shall provide a minimum of three references, for which they are currently providing this type of service/commodity within the State of Florida. Company Name Living Southern Style of Brevard Contact Name and Title Shelia Raines Address 821 Georgia Ave Phone Number 321-208-7681 FAX Number 321AOO-5190 Duration of Contractor business relationship Commercial Lawn Maintenance,Tree trimming 2. Company Name Cristal Palace Resort Assisted Living Contact Name and Title Tara Johnson Addrecc 1881 Palm Bav Road 4. Phone Number 321-951-2989 FAX Number Duration of Contract or business relationship Commercial Lawn Maintenance,Tree trimming Company Name Atlass Insurance 400,A Contact Name and Title Hortisea Law 7,C Address 26 Oleander St. Cocoa, FI 32922 �Ao Phone Number 321-459-9905 FAX Number w9/ Duration of Contract or business relationship Commercial Lawn Maintenance,Treetrimmirig Company Name Porfessional Aircraft Accesories Contact Name and Title Brian Mahan Address 7305 Center Lane Titusville, FI. Phone Number 321-8633880 FAX Number Duration of Contract or business relationship Commercial Lawn Maintenance,Tree trimming 5. Company Name Prince Contact Name and Title Eric Address 10210 Highland Manor Dr. Suite 110, Tampa, Fl. 33610 Phone Number 407-374-2931 FAX Number 813-699-5901 Duration of Contract or business relationship Commercial Lawn Maintenance,Tree trimming Certiftate of Status I certify from the records of this office that MOBLEY Il ENTERPRISE LLC, is a limited liability company organized under the laws of the State of Florida, filed electronically on April 12, 2013, effective April 11, 2013. The document number of this company is L13000054321. I further certify that said company has paid all fees due this office through December 31, 2013, and its status is active. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code noted below. Authentication Code: 130415090944-400246768560 /G,/Nq Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of April, 2013 len 39etnr bantw of qqtate City of Cocoa LOCAL BUSINESS TAX RECEIPT 65 Stone Street Cocoa, Florida 32922 (321) 433 - 8501 Receipt Number 16-00006421 10/15-09/16 MOBLEY II ENTERPRISES 1036 POMPANO DRIVE ROCKLEDGE FL 32955 BASE FEE ADDITIONAL CHARGE LATE PENALTY TOTAL PAID 74.00 0.00 1 0.00 74.00 NAICS Code: 811 Classification: Repair and Maintenance Local Business Tax Receipt Number: 16-00006421 J OGOA Date Issued: April 07, 2016 FLORIDA Expiration Date: September 30, 2016 Location Address: 815 BREVARD AVE COCOA FL 32922 44 A penalty will be imposed on any persons failing to post this receipt conspicuously in the place of business or for not renewing by September 30t6. This receipt is transferable only under conditions stated in Chapter 12, Cocoa City Code. This Local Business Tax Receipt does not constitute an endorsement approval or disapproval of the holders skill or competence or for the compliance or non-compliance of the holder with other laws, regulations or standards. Please Note: If payment was made by check or credit card and returned to the City of Cocoa for "non -sufficient funds" or payment is refused by your credit card company then your Local Business Tax Receipt is not valid. Customer Service Feedback Survey: Please take a moment to complete a brief customer service survey regarding your experience with the City of Cocoa Community Development Department. The online Customer Service Feedback Survey can be found at: www.cocoafl.or_q/communityservicescustomersurvey For any questions concerning this Local Business Tax Receipt, please contact a Permit/License Technician at (321) 433-8501 or 8502. BREVARD COUNTY BUSINESS TAX RECEIPT ACCOUNT NO. 2015 - 2016 SUBJECT TO COUNTY ZONING RESTRICTIONS 885062723 TAX RECEIPT SHOULD BE DISPLAYED ON PREMISES THE PERSON(S), OR ENTITY BELOW BUSINESS PERIOD: October 01, 2015 - September 30, 2016 MOBLEY II ENTERPRISES LLC EXPIRES: SEPTEMBER 30, 2016 930 GEORGIA AV Fire Prevention Fee ROCKLEDGE, FL 32955 ISSUED PURSUANTAND SUBJECT TO FLORIDA STATUTES AND BREVARD COUNTY CODE ISSUANCE 0.00 DOES NOT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS. 0.00 BUSINESS TAX RECEIPT IS SUBJECT TO REVOCATION FOR ZONING VIOLATIONS, AND I OR FAILURE 0.00 TO MAINTAIN REGULATORY PRE -REQUISITES AS REQUIRED FOR BUSINESS CLASSIFICATION(S), OR SUBSEQUENT ACTIVITIES. NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS. A PERMIT IS REQUIRED TO ADVERTISE (including with signage) "GOING OUT OF BUSINESS-. LISA CULLEN, CFC, Brevard County Tax Collector LOCATION: P 0 Box 2500, Titusville, Flodda 32781.2500 815 BREVARD AV (321) 264-6910 or (321) 633.2199 CITY OF COCOA, FL 32922 UPON A CHANGE OF OWNERSHIP OR LOCATION. BUSINESS TAX RECEIPT SHOULD BE ?RANSFERRED t ATHIN 30 DAYS, OWNED BY: MOBLEY II ENTERPRISES LLC BUSINESS CLASSIFICATIONS, DISCLAIMERS, AND RELATED FEES: EXEMPTIONS: f\ 0.00 470001 GENERAL PUBLIC SERVICE 470070 AUTO DETAILING O 470325 JANITORIAL SERVICE 470485 PRESSURE CLEANING 590501 HAZ WASTE GEN. SURCHARGE 820005 RECEIPT AMT / Receipt Fee 37.00 Hazardous Waste Fee 50.00 Zoning Application Fee 0.00 Building Occupancy Review Fee 0.00 Fire Prevention Fee 0.00 Late Penalty 0.00 NSF Fee 0.00 Transfer Fee 0.00 Paid 900-15-00001399 08/24/2015 87.00 MAIN OFFICE: 400 South St., 6th Floor, Titusville, FL 32780 BRANCH OFFICES: Merritt Island Office, 1605 N. Courtenay Pkwy Melbourne Office, 1515 Sarno Road Palm Bay Office, 450 Cogan Dr. SE Titusville Office, 800 Park Ave. Indian Harbour Beach Office, 240 E. Eau Gallie Blvd. Viera Office, 2725 Judge Fran Jamieson Way, #A108, Viera, FL 32940