HomeMy WebLinkAboutCity of Tamarac Resolution (219)LJ
Temp. Reso. #9847
June 28, 2002
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-219
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE AN AGREEMENT WITH ENVIRONMENTAL
SERVICES, INC., DBA ARBOR CARE FOR PROVIDING
TREE MANAGEMENT SERVICES AT THE CITY OF
TAMARAC WATER TREATMENT PLANT UTILIZING
COOPER CITY'S BID #96-8, EFFECTIVE THROUGH
SEPTEMBER 30, 2002; AUTHORIZING AN EXPENDITURE
OF FUNDS IN AN AMOUNT NOT TO EXCEED $30,571;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, prior to the September 11, 2001 terrorist attacks, a Committee
appointed by the City Manager conducted an evaluation of the security measures currently
taken by the City; and
WHEREAS, as an outcome of the evaluation, one of the primary areas of concern is
the drinking water facility; and
WHEREAS, in an effort to maintain a safe working environment and the protection
of the City of Tamarac's potable drinking water, certain security services are required by
the Utilities Department; and
WHEREAS, Cooper City's Bid #96-8 with Environmental Care, Inc., DBA Arbor
Care, executed on August 16, 1996, provided for arboricultural services (tree management
services) at Cooper City facilities beginning October 1, 1996, for an initial period of one (1)
year with additional one-year renewal periods upon mutual consent of Cooper City and
Environment Care, Inc. DBA Arbor Care (a copy of said bid is attached hereto as "Exhibit
1 "); and
Temp. Reso. #9847
June 28, 2002
Page 2
WHEREAS, on August 21, 2001, Cooper City accepted a renewal of the aforesaid
bid for an additional one-year period through September 30, 2002 (a copy of said renewal
is attached hereto as "Exhibit 2"); and
WHEREAS, City Code § 6-155 allows the Purchasing and Contracts Manager the
authority to procure supplies, material, equipment and services which are subject to
contracts with other governmental agencies without following purchasing procedures when
the best interests of the City would be served; and
WHEREAS, the Purchasing Division staff obtained proposals from other tree
removal companies and based on market comparisons, determined that Environmental
Care, Inc. DBA Arbor Care is the most responsive and responsible proposer; and
WHEREAS, it is the recommendation of the Director of Utilities and the Purchasing
and Contracts Manager that the City utilize Cooper City's Bid #96-8 awarded to
Environmental Care, Inc. DBA Arbor Care, in an amount not to exceed $30,571; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to purchase tree management services from Environmental Care,
Inc. DBA Arbor Care utilizing Cooper City's Bid #96-8, in an amount not to exceed $30,571.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of'this r4olution.
SECTION 2: The appropriate City Officials are hereby authorized tooaccept
and execute an agreement utilizing Cooper City's Bid #96-8 awarded to. Environmental
Care, Inc. DBA Arbor Care (a copy of said agreement is attached hereto as "Exhibit 3").
1
1
Temp. Reso. #9847
June 28, 2002
Page 3
SECTION 3: The expenditure in an amount not to exceed $30,571 is hereby
authorized.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 28th day of August, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
h ve approved this
SOLUTION as to form.
JHlmg
MITCHJFLL P. DRAFT
CITY AT O NEY
r
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1:
VIM PORTNER
AYE
DIST 2:
COMM. MISHKIN
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
COMM. ROBERTS
ABSENT
RAWMINUMN
CITY OF
COOPER CITY, FLORIDA
Department of Public Works
Project Manua
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This Bid Submitted By:
Environmental Care, Inc., D.B.A. Arbor Care
TABLE OF CONTENTS
BY
THE CITY OF COOPER CITY
FOR
ARBORICULTURAL SERVICES
(TREE TRIMMING & REMOVAL, STUMP GRINDING)
BID NO. 96-8
SECTION PAQ E
NOTICE TO BIDDERS 1-2
INSTRUCTIONS TO BIDDERS 1 _ 11
BID 1-7
CONTRACTOR'S QUALIFICATION STATEMENT 1-5
BID BOND 1-3
AGREEMENT 1-5
GENERAL CONDITIONS
& TECHNICAL SPECIFICATIONS 1 - 12
1
,
NOTICE TO BIDDERS
BY
THE CITY OF COOPER CITY
FOR
ARBORICULTURAL SERVICES
(TREE TRIMMING & REMOVAL, STUMP GRINDING)
BID NO. 96-8
NOTICE IS HEREBY GIVEN that the City of Cooper City, Florida will be accepting
sealed bids until eleven o'clock (11:00) A.M. on July 25, 1996 for ARBORICULTURAL
SERVICES (TREE TRIMMING & REMOVAL, STUMP GRINDING) for the Department of
Public Works.
Project Manuals may be obtained from the Office of the City Clerk, 9090 S.W. 50 Place,
Cooper City, Florida 33328, Monday through Friday (except public holidays), 8:30 A.M. to
4:30 P.M.
Each bid shall be submitted on the forms provided, returning the entire project manual,
in a sealed envelope clearly labeled ARBORICULTURAL SERVICES BID NO. 96-8.
In general the work consists of trimming an estimated 2600 trees of various sizes, removal
of an estimated 85 trees of various sizes, and grinding of an estimated 85 stumps within
public rights -of -way and public parks, all within the City's seven square miles.
Bids will be evaluated on cost, contractor's qualifications, experience and equipment.
Incomplete bids may be considered non -responsive.
All bid prices shall be guaranteed firm for a minimum of sixty (60) calender days from date
of opening. No bidder may withdraw his bid within sixty (60) days after opening.
Bid security in the form of a Bid Bond or Cashiers Check made payable to the City of
Cooper City in an amount equal to five percent (5%) of the total amount bid is required.
The City Commission of the City of Cooper City reserves the right to reject any and all
bids, to waive any informality in a bid, and to make awards in the interests of the City.
E
Bids will be opened and read aloud at the Office of the City Clerk at eleven o'clock
(11:00) A.M. on July 25, 1996.
CITY OF COOPER CITY, FLORIDA
/S/ Susan Bernard, City Clerk
Publish one time on July 8, 1996.
Please send bill and proof of publication to: City Clerk
City of Cooper City
P.O. Box 290910
Cooper City, Florida 33329-0910
2
INSTRUCTIONS TO BIDDERS
FROM
THE CITY OF COOPER CITY
1.0 DEFINITION OF TERMS
1.1 City: The City of Cooper City, Florida
1.2 Project Manual: This includes the Notice To Bidders, Instructions To Bidders, Bid
Form, Contractor's Qualification Statement, Bid Security/Bond, Addenda, Agreement,
General Conditions, Supplemental Conditions, Specifications and Drawings, all of which
shall also constitute the Bidding Documents.
1.3 Base Bid: The amount stated on the Bid Form without additive alternates for which
the Bidder offers to perform the Work as described in the Project Manual.
1.4 Overall Bid: The amount stated on the Bid form with additive and/or deductive
alternates as selected by the City for which the Bidder offers to perform the Work as
described in the Project Manual.
1.5 Unit Price Bid: The amount(s) stated in the Bid Form as a price per unit of
measurement for materials, equipment and/or labor as described in the Project Manual.
1.6 Addenda: Written and/or graphic document issued by the City prior to the opening
of the Bid to modify or interpret any portion of the Worst.
1.7 Lowest Responsible and Responsive Bidder Meeting Specifications: The Bidder
whose Bid is the lowest of those Bidders possessing the skill, ability, and integrity
necessary to the faithful performance of the work, who has fully responded to all items in
the Project Manual, and whose Bid meets the specifications of the Work, each and all in
the sole discretion of the City.
1.8 Business Day: Monday through Friday, excluding City observed holidays, between
the hours of 8.00 Am and 5:00 PM local time.
2.0 PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract to a pubic entity
1
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for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a
contractor or supplier, subcontractor, or consultant under contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 [ Florida Statutes], for CATEGORY TWO for a period of 36
months from the date of being places on the convicted vendor list.
3.0 QUALIFICATION OF BIDDERS
When included with the Bidding Documents, the Bidder shall complete the
CONTRACTORS QUALIFICATION STATEMENTS, along with any other evidence of his
satisfactory experience and ability to perform the proposed work.
If requested by the City, the Bidder shall submit a certified financial statement, prepared
within the past thirty (30) days, indicating current financial resources, liabilities, capital
equipment, and past history performance.
Bidders may be disqualified and their Bids rejected for any of, but not limited to, the
following specific reasons.
A. Reason to believe that collusion exists among the Bidders.
B. Determination of a lack of competency as may be revealed by qualification
statements, financial statements, experience records or other questionnaires.
C. The Bidder's uncompleted work load which in the judgement of the City may
cause detrimental impact on timely completion of the Work.
D. The Bidder is involved directly or indirectly in litigation against the City.
E. The Bidder has defaulted on any previous Contract or is in arrears on an
existing Contract.
F. The submittal or more than one Bid from an individual, firm, partnership,
corporation or association under the same or different names.
4.0 SUBMISSION AND RECEIPT OF BIDS
It shall be the sole responsibility of the Bidder to have his Bid delivered, whether by hand,
U.S. Mail, or other delivery service, to the Office of the City Clerk before the closing hour
it
and date shown for the receipt of Bids. Bids thus delayed shall not be considered and
shall be returned unopened.
Bidders shall use the Bid Form furnished by the City, shall fill in all blank spaces in the Bid,
shall not remove any part of the Project Manual, and shall return the entire Project manual
in its original bound condition; failure to do so may cause the Bid to be non -responsive
and thereby rejected.
Bidding Documents shall be completed in typewriter or ink, and all signatures shall be in
ink. Bidding Documents having any erasures or corrections shall be initialed by the Bidder
in ink.
Base Bid Amounts shall be in both words and numerals, and in case of a discrepancy
between the two, the amount written in words shall govern.
In the event of a mathematical error in the extension of unit price, or addition of total price,
the unit price shall prevail.
Each Bid shall be signed with the firm name by an officer or an employee having the
authority to bind the company or firm by his signature; failure to do so may cause the Bid
to be invalid and thereby rejected.
5.0 MODIFICATION AND WITHDRAWAL OF BID
Prior to the time bo Bid opening, a Bidder may withdraw his Bid at any time, but may not
resubmit it. Bids may not be modified after submittal.
After the Bid opening, no Bid may be withdrawn, canceled or modified for a period of sixty
(60) days after the time and date designated for the receipt of Bids.
6.0 OPENING OF BIDS
All Bids submitted will be opened and read aloud publicly at the Office of the City Clerk,
9090 SW 50th Place, Cooper City, Florida, on the date and at the time stated in the Notice
to Bidders, or as may be amended by addendum.
7.0 BIDDING DOCUMENTS
Complete sets of Bidding Documents may be obtained from the Office of the City Clerk or
the City's consultant as stated in the Notice to Bidders.
K,
Complete sets of Bidding Documents shall be used by Bidders in preparation of Bids;
neither the City or the City's consultant assume any responsibility for errors or
misrepresentations resulting from the use of incomplete sets.
It shall be the Bidder's responsibility to thoroughly familiarize himself with the Bidding
Documents prior to the submittal of his Bid; no allowance shall be made by the City for the
Bidder's failure to do so.
8.0 EXAMINATION OF CONDITIONS
It shall be the Bidder's responsibility to visit the site of the proposed and to thoroughly
familiar himself with the nature and extent of the work to be performed and all local existing
site conditions, to make his own estimate of the facilities and difficulties attending the
execution of the work; no allowance shall be made by the City for the Bidder's failure to
do so.
9.0 PRICES TO BE FIRM
The Bidder warrants by virtue of his Bid that the prices, terms and conditions contained
herein shall be firm for a period of not less than sixty (60) calender days from the date of
the Bid opening.
9.0 DEFAULT PROVISION
In the event of default by the Bidder, the City may procure the goods and/or services from
other sources and hold the Bidder responsible for any excess costs incurred as a result
of the default. The City may take such action as it deems appropriate, legal or otherwise,
for damages and/or specific performance.
10.0 SIGNED BID CONSIDERED AN OFFER
The signed Bid shall be considered an offer on the part Bidder, which offer shall be
deemed irrevocable upon submittal and accepted upon award by the City Commission.
11.0 TAXES
The City is exempt from State of Florida Sales Tax, and is exempt from certain other taxes
imposed by the State and/or Federal governments, for which certified exemption
51
certificates are available upon request, however, tax exemptions are not applicable to
construction projects.
12.0 LAWS AND REGULATIONS
All applicable laws and regulations of the Federal Government, State of Florida, Special
Districts, and ordinances of Broward County and the City shall apply to any Contract
awarded as a result of this Bid. The laws of the State of Florida shall govern any contract
awarded as a result of this Bid.
13.0 QUANTITIES
The quantities shown herein are estimated only. No guarantee or warranty is given or
implied by the City as to the total amount that may or may not be awarded or purchased
from any resulting Contract.
The City reserves the right to increase and/or decrease the quantities at the time of award
and for the duration of the Contract at the firm unit prices bid herein.
The quantities contained herein are for the Bidder's information only and will be used for
tabulation and determination of the overall lowest responsive and responsible Bidder.
14.0 QUALITY
All items used in the manufacture or construction of any supplies, materials or equipment
covered by this Bid shall be new, not used, remanufactured or demonstrator. The item(s)
bid or the components of the item(s) bid shall be the current model, or of the best quality
and highest grade workmanship unless otherwise specified herein.
15.0 SAMPLES
Samples, when requested, shall be furnished prior to or at the Bid opening unless
otherwise specified, and shall be delivered and retrieved free of expense to the City and
if not used in testing or destroyed will upon written request of the Bidder within ten (10)
calender days of the Bid award be returned.
5
16.0 BRAND NAMES
Whenever proprietary names are specified, whether or not followed by the words "or
equal", it shall be subject to equals as approved and accepted as "equal" by the City, as
It shall be the City's prerogative to select which items are the lowest bid, item by item,
meeting specifications from the information furnished by the Bidder with his Bid and/or
sample inspection and/or testing of the items specified herein.
17.0 ACCEPTANCE OF MATERIAL
The materials delivered under this Bid shall remain the property of the vendor until a
physical inspection, actual usage and/or incorporation into the work of this materia and/or
service is achieved and thereafter accepted to the satisfaction of the City. All materials
shall comply with the terms herein and the specifications. In the event the material and/or
service supplied to the City is found to be defective or does not conform to the
specifications, the City reserves the right to cancel the order upon written notice to the
vendor and return the product to the vendor at the vendor's expense, or cease use of the
service, without any obligation.
18.0 DELIVERY
All items shall be f.o.b. delivered with freight charges prepaid and included in the total
cost, to the address as specified by the City.
Time will of the essence for any orders placed as a result of this Bid. The City reserves
the right to cancel such order(s) or part(s) thereof without obligation if delivery is not made
at the time(s) specified herein and hold the vendor in default.
19.0 MANUFACTURER'S CERTIFICATION
The City reserves the right to request from Bidder(s) separate manufacturer's certification
of all statements made in the Bid.
20.0 COPYRIGHTS AND PATENT RIGHTS
The Bidder warrants that there has been no violation of copyrights and patent rights in
manufacturing, producing or seeing the goods and/or services ordered as a result of this
Bid, and the Bidder agrees to hold the City, its officers, employees and agents harmless
from all liability, losses or expenses from such violation.
21.0 MATERIAL SAFETY DATA SHEETS
The Bidder shall include with his Bid, when applicable, manufacturer's Material Safety
Data Sheets (MSDS) for those items required to have MSDS by Federal law.
22.0 FLORIDA TRENCH SAFETY ACT
The Bidder shall include with his Bid, when applicable, all documentation required by the
Florida "Trench Safety Act", Section 553.63 Florida Statutes. The unit prices and total
prices presented in the Bid, and those presented in any subsequent change orders shall
include the Bidder's cost for compliance with the applicable trench safety standards.
23.0 CONFLICT OF INSTRUCTIONS
If a conflict exists between the general conditions and the instructions stated herein and
the specific conditions and the instructions stated herein, the specifics shall govern.
24.0 INTERPRETATION OF BIDDING DOCUMENTS
QUESTIONS AND ANSWERS
All questions requiring clarification or interpretation of the Bidding Documents shall be
made in writing and shall reach the City or its consultant at least five (5) business days
prior to the date for receipt of Bids. No questions shall be responded to during the five (5)
business days prior to the date for receipt of Bids -
Any modification or interpretation of the Bidding Documents, in the sole and exclusive
judgement of the City or its consultant, shall be made in writing in the form of an
Addendum to all those who are recorded by the City or its consultant as having a complete
set of Bidding Documents.
Interpretations or modifications of the Bidding Documents made in any other manner other
than an Addendum issued by the City or its consultant shall not be binding.
A Bidder, prior to submitting his Bid, shall ascertain that he has received all Addenda
issued, and shall acknowledge their receipt in the Bid Form.
Costs for those matters not questioned and not responded to by Addendum shall be the
responsibility of the Bidder to include such costs in his Bid.
Questions relating to the Notice to Bidders, Instructions to Bidders, Bid Form, Bid Security,
7
Contractor's Qualification Statement, Agreement Between Owner and Contractor, Bonds,
Insurance, General Conditions and Supplemental Conditions shall be directed to the City.
Questions relating to Soil Investigation Data, Material/Equipment Substitutions technical
specifications, and plans and drawings shall be directed to the Consultant, when
applicable.
25.0 SUBSTITUTIONS
The Bidder represents that his Bid is based upon the materials, equipment and services
described in the Bidding Documents.
Requests for substitutions, unless otherwise stated, will be considered in the same manner
as SECTION 24.0 INTERPRETATION OF BIDDING DOCUMENTS.
26.0 RESERVATIONS FOR REJECTIONS AND AWARD
The City reserves the right to accept or reject all Bids or parts of Bids, to waive
irregularities and technicalities and to request rebids.
The City reserves the right to award the contract on such item(s) or service(s) the City
deems will serve its best interests.
The City reserves the right to award contracts on a split order basis, or such combinations
that will best serve the interests of the City.
No premiums, rebates or gratuities shall be permitted, either with, prior to, or after delivery
of goods or services on any resulting award, any such violation may result in the
cancellation of said award or contract.
27.0 BID PROTEST
27,1 Notice of Intent to Award: Within 60 (sixty) days following any bid opening, the City
shall give all parties submitting bids written notice of its intent to award the contract,
including intent to reject some or all bids, by posting the same, together with the bid
tabulation, in the City Hall lobby not less than seven (7) business days prior to making the
award. Unless otherwise provided in said notice, the staffs recommendation to the City
Commission will be for the award of the contract to the lowest responsive/responsible
bidder, the City shall set out in the notice an explanation of the reasons for the
recommendation.
E:3
27.2 Filing of Notice of Protest: Any party submitting a bid who is adversely affected by
the City's notice of intent to award the contract shall file with the City an initial written
notice of protest within three (3) business days following the date of posting of the
aforesaid notice of intent to award contract, together with a reasonable request for copies
of all relevant documents. The City shall make said copies available within two (2)
business days following receipt of said request.
Within seven (7) business days following receipt of said copies a formal written protest
shall be filed; such filing shall signal the commencement of the petition period. The formal
written protest shall state with particularity the facts and law upon which the protest is
based and the realistic estimate of the time needed to present the protest at formal
hearing. Failure to timely file an initial written notice of protest and/or a formal written
notice of protest shall constitute a waiver of all further right to proceed hereunder.
27.3 Award Process: Upon timely receipt of an initial written notice of protest, the City
shall interrupt and hold in abeyance the bid award process until the protest is resolved.
However, if the City determines and sets forth in writing facts and circumstances which
require the continuation of the bid award process without delay in order to avoid an
immediate and serious danger to the public interests, health, safety, or welfare, the City
shall continue with the bid award process. The continuation of the bid award process
under these circumstances shall not preempt or otherwise effect the protest.
27.4 Formal Hearing on Protest: Within twelve (12) business days following receipt of
the formal written notice of protest, a formal hearing on the protest shall be held by three
City Department Heads appointed by the City Manager sitting as the Bid Protest
Committee_ The Committee shall meet to hear the protest at a time to be specially set and
noticed to all interested parties. The proceedings will allow for a hearing on the merits of
the protest and the protesting party and all other interested parties shall be allowed to
introduce documents, be represented by counsel and present and examine witnesses. At
the conclusion of the formal hearing, or as soon thereafter as is practicable, the Bid
Protest Committee shall issue its recommendation to the City Commission, setting forth the
facts upon which its recommendation is based.
The recommendation of the Bid Protest Committee will be placed on the next available City
Commission agenda, which shall be noticed to all interested parties, for consideration and
action by the City Commission. The proceedings will allow for a hearing on the merits of
the protest and the protesting party and all other interested parties shall be allowed to
introduce documents, be represented by counsel and present and examine witnesses.
At the conclusion of the formal hearing, or a soon thereafter as practicable, the City
Commission shall issue its decision, setting forth the facts upon which the decision is
made. The decision of the City Commission shall be final and binding.
If the protest is sustained by the City Commission, the award of the contract shall proceed
pursuant to the protesters position, or, if the protest is denied by the City Commission, the
award of the contract shall proceed pursuant to the prior notice of intent to award the
contract, unless the City Commission determines that it is in the City's best interests to
reject all bids. The award of the contract shall be made seven (7) business days following
the Bid Protest Committee's final decision. The protesting party or any other interested
parties shall have the right to perfect any appeal within the said seven (7) day period.
28. CONTRACT AWARD AND EXECUTION
28.1 Until final award of Contact, the City reserves the right to reject any and all Bids, with
or without cause; to waive any informality or irregularity; or to accept the Bid which is in
the best interest of the City.
28.2 It is the intent of the City to award a Contract to the lowest responsible and
responsive Bidder meeting specifications whose Bid is in conformance with the Bidding
Documents.
28.3 Upon acceptance of a Bid and award of the Contract, the successful Bidder shall
deliver the executed Contract, along with required bonds and any other items requested,
to the City within ten (10) days. Failure to do so will be deemed as a breach of agreement
by the Bidder and result in forfeiture of bid security as described in the Instructions to
Bidders.
28.4 The City reserves the right to hold all proposals and bid guarantees for a period not
to exceed sixty (60) days after the date of bid opening stated in the Notice to Bidders.
28.5 The award of the contract, if it is awarded, will be to the lowest responsible and
responsive bidder meeting specifications whose qualifications indicate the award will be
to the best interest of the City and whose proposal shall comply with the requirements of
the Contract Documents. Time is of the essence for this project and the time limits set in
the proposal, if set by the Bidder, will be accorded weight by the City in the determination
of the best proposal. In no case will the award be made until all necessary investigations
have been made into the responsibility of the low bidder and the City is satisfied that the
bidder is qualified to do the Work and have the necessary organization, capital and
equipment to carry out the provisions of the contract to the satisfaction of the City within
the time specified.
28.6 If the Contractor feels that a bid item has been omitted from the bid package, he must
notify the City prior to the receipt of bids. It is the City's intent to have included all
necessary items to complete this project within those bid items listed.
10
28.7 If the Contractor feels that a problem exists either prior to, or during the bid opening,
he shall contact the City within 24 hours of the bid opening and follow the City's current
policy for bid protests.
28.8 The City reserves the right to award as a total contact any combination of the unit
price bid schedule items that would be in the best interest of the City.
11
ISSUE DATE (MMIDDIY'✓)
CERTIFICATE OH,, I to 9.1 96
TCONFERS
RTIFIi
SUED AS A MATTER OF INFORMATION ONLY ANDPRODUCER NO RIPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
O fil(ipE,END OR ALTER THE COVERAGE AFFORDED BY THE
Aon Risk Services, Inc- �OLICIES BELOW.
707 Wilshire Blvd, Suite 6000 COMPANIES AFFORDING COVERAGE
CA 90054-�0460
Los Angeles, '
Tel (213) 630-3200 Fax (213) 689-SO47 LETTCOMER"Y A Gerling America Insurance Co.
COMPANY B
LETTER INSURED Evanston Insurance Co. `
COMPANY
Arbor Care a division of LETTER IC National Union Fire insurance Company of Pittsburgh, P�
Environmental Care Inc. COMPANY
LETTER D
1145 Okeechobee Rd
West Palm Beach, FL 33401 COMPANY E
LETTER
COVERAGES NAMED
ISSUED TO THE INSURED
INDICATED.THIS IS TO CERTIFY THAT THE NOTW THSTAND NGOES ANIYIRECUIR MENT, TERM OR CONDITION OFOF INSURANCE LISTED BELOHAVEBEEN ANY CONTRACT OR OTHER DOCUMENT WIDTH RE VE FOR PECT TOTHE LWHICH THIS i
CERTIFICATE MAY BE EXCLUSIONS AND ISSUED
SUCH POLICIES. LIMITS SHOWN BY THE
POLICIES
BY PAID CD HEREIN IS SUBJECT TO ALL THE TERMS,
MS '.
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
CO TYPE OF INSURANCE POLICY NUMBER DATE (MWOD1YY) DATE (MM:OD1YY)
.TR I
GENERAL LIABILITY
A XCOMMERCIAL GENERAL LIABILITY
CLAINIS MACE XOCCUR.
OWNER 5 & CONTRACTOR'S PROT.
AUTOMOBILE LIABILITY
B XANY AUTO
XALL OWNED AUTO$
SCHEDULED AUTOS
XHIRED AUTOS
X,ION OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
C AND
EMPLOYERS' LIABILITY
OTHER
GENERAL AGGREGATE $
2 , OOO , OOO r
4001804 04/01/96 04/01/97 PRODUCTS-COMP/OPAGG. S
1,000,0001
PERSONAL & ADV. INJURY $
1, 000 , 000 (
EACH OCCURRENCE S
1, 000, DOD
FIRE DAMAGE (Any one f rL) S
50, 000 f
MED. EXPENSE (Any one person) S
5, 0001
COMBINED SINGLE $
04/01/96 04/01/97 LIMIT
1,000,000,
SK700826
BODILY INJURY g
(Per person)
BODILY INJURY S
(Per accident)
PROPERTY DAMAGE $
EACH OCCURRENCE S
AGGREGATE S
STATUTORY LIMITS
WC8406468 04/01/96 04/01/97 EACH ACCIDENT $ 1,000,000
DISEASE --POLICY LIMIT $ 1,000,000
DISEASE —EACH EMPLOYEE S 1,000,000
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS
Job No, A540165 Cooper City Public Works
CERTIFICATE HOLDER
Cooper City Public Works
11551 S.W. 49th Street
Cooper City, FL
Attn: Mike Conners
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVESy
AUTHORIZED REPRESENTATIVE
by: Aon Risk Services, Inc. `
T ACORD CORPORATION 0
ACORD 25-S (7/90
BID
TO
THE CITY OF COOPER CITY
FOR
ARBORICULTURALZERVICES
(TREE TRIMMING & REMOVAL, STUMP GRINDING)
BID NO. 96-8
COMMENCEMENT: Upon City's issuance of Notice to Proceed
TERM: One Year _ Renewable
BID SECURITY: 5% (five percent)
rh _
This Bid made as of the 2 y day of 199 G ~��
I^' srEC-4E
_ BIDDER:
ADDRESS:
T /IIIA4 /-S� 3 3 of
PHONE: S�/-6S9Y3999 _ FAX: S Z- �5 1-5Sa
ORGANIZATION:
Individual
Partnership
t.-I Corporation
Other
i
1.0 BID SECURITY
1.1 General: Each Bid shall be accompanied by a Bid Security either in the form of a bond
issued by a Surety and in the form provided by the City, or in the alternative, a cashier's
check drawn on a Florida bank, and payable to the City of Cooper City, as security for the
faithful execution of an Agreement. The amount of the Bid security shall be equal to five
percent (5%) of the total amount bid.
1.2 Qualifications of Surety: Bid bonds shall be written by a company properly authorized
to transact business in the State of Florida, having a Florida Resident Agent and meeting
the following requirements and/or limits:
Surety shall be rated "A" or better as to management and "B" or better as to strength by
the current edition of Best's Insurance Guide,
or,
Surety shall be listed on the U.S. Treasury Department's current list of acceptable sureties
for federal bonds,
or,
Bonding limits shall not exceed 20% of its policy surplus (capital and surplus) as listed in
the current edition of Bests. Insurance Guide,
and,
Surety shall have been in business and have a record of successful and continuous
operation for at least five (5) years,
and,
All bonds shall contain all provisions required by Section 255.05 of the Florida Statutes.
1.3 Duration of Bond: The Bid Bond shall remain in force for sixty (60) days from the Bid
due date, or any extension thereof agreed to in writing by the City, providing that the total
time for issuing a Notice of Award including extensions shall not in the aggregate exceed
120 days from the Bid due date.
1.4 Non-compliance: Bidder's failure to deliver a Bid Security as prescribed herein shall
result in rejection of the Bid.
2
2.0 ACCEPTANCES
This Bid shall be open to acceptance and is irrevocable for sixty (60) days from the Bid
due date.
3.0_ EXECUTION
Upon City's acceptance of this Bid within the aforementioned time period, the Bidder shall
within fourteen (14) calender days after City's issuance of a Notice of Award 1) Execute
the Agreement between the City and The Contractor, 2) Furnish any required Payment and
Performance Bonds; and 3) Furnish the required Certificates of Insurance.
Should the Bidder fail to execute the Agreement, and/or furnish the required bonds, and/or
furnish the required Certificates of Insurance within the specified time period, the Bidders
entire Bid Security shall be forfeited to the City as liquidated damages by reason the
Bidder's failure.
In the event the Bid is not accepted within the aforementioned time period; the required
Bid Security shall be returned to the Bidder upon satisfactory execution of an Agreement
with the successful bidder, or the rejection of ALL bids, or unless a mutually satisfactory
arrangement is made for -its retention and validity for an extended period of time.
4.0 SUBMITTAL
The .'Bidder shall submit the Bid on the forms provided, bound in the Project Manual, which
shall serve as evidence that the Bidder has in fact had the opportunity to thoroughly
examine the entire contents thereof.
The quantities shown herein are estimated and are for tabulation purposes only. No
guarantee is given or implied as to the actual'usage on any resulting contract.
3
5.0 ACKNOWLEDGMENT OF ADDENDUM
The Bidder hereby acknowledges the receipt of the following addendum issued. by the City
and incorporated into and made part of the Agreement for this project. -
Addendum no. Date Title
M:r
Signature
By submission of this Bid, the Bidder acknowledges that he has thoroughly examined all
general conditions, specifications, bid and Agreement documents; visited the location of
the work; thoroughly familiarized himself with all existing conditions; made his own
estimate of the facilities and difficulties attending the execution of the work; that no
allowances shall be made by the City for the Bidder's failure to do the same; the Bidder
offers to enter into an Agreement with the City as follows. Furnish all labor, materials,
equipment to perform all work included in and in accordance with the general conditions
- and specifications, and Agreement.
6.1 TREE TRIMMING
6.1.1 Shade Trees
Caliper Size
0.0"" - 2.91"
3.0 - 5.91'
6 0" - 9 9"
10.01, - 12.91'
13.0" - 17.91"
18.0" - greater
Estimated uanti
nit ost
Extended Cost
360
$ _
$-3 330.
370
$
$ y o0
640
$ 2 7
$ / Z 7K0 ,
520
$
$ 6D o
360
160
4
6.1.2 Palm Trees
Size
All
Estimated uantit
200
6.2 TREE REMOVAL
6.2.1 Shade Trees
Caliper Size
Estimated uantit
0.0" - 2.9"
5
3.0" - 5.9"
10
6.0" - 9.9"
20
10.0" - 12.9"
15
13.0" - 17.9"
10
18.0" - greater
5
6.2.2 Palm Trees
Size
All
Estimated Quantity_
20
6.3 STUMP GRINDING
Stump Size
Estimated Quantity_
0.0" - 9.9"
40
10.0" - 17.9"
35
18.0" - greater
10
nit Cost Extended Cos
$ $ / So -�2
Unit Cost
Extended Cost
$.-
B
5
Unit Cost Extended Cost
6
Unit Cast Extended Cost
$
$r� $ ra o
TOTAL OF ALL EXTENDED COSTS (Numerical):
WRITTEN:
Attest
Secretary
State of Incorporation
;� Dollars
E1vNtA,1,A14a6rYT ( G/19L4 044 /1417/1
Organization Name
Si nd Titl
Printed Name and Title signed above
C:l
Corporate Seal
INSURANCE CHECKLIST - BID NO.96-8
Coverages marked "X" are required if the award is made to your firm. 'N/A' indicates that the listed coverage
is not applicable.
Coverages Required
X 1. Workers' Compensation
X 2. Employers' Liability
N/A 3. United States Lands
& Harbors (USL&H) endorsement
X 4. General Liability
NIA
5. Premises/Operations
X
6. Independent Contractors
WA
7. Products
WA
8, Completed Operations
X
9. Contractual Liability
X
10. Personal injury liability
N/A
11. Explosion, Collapse, Underground
X
12. Broad form Property Damage
X
13. Automobile liability
X
14, Owned, hired, nonowned
X
15. Umbrella liability
N/A
16. Garage liability -
N/A
17. Garage keepers legal liability
Minimum Limits
Statutory Limits - State of Florida
$1,000,000 accident/disease
$1,000,000 policy limit, disease
Statutory
Complete entry no. 25, items 4-9,11 & 12 require
$1,000,000 combined single limit Bodily Injury &
Property Damage (BI & PD) each occurrence
$1,000,000 general aggregate, if applicable
$1,000,000 each offense, aggregate, personal injury
$1,000,000 BI & PD, each accident
$1,000,000 BI & PD each accident
$1,000,000 B1, PD & PI
$500,000 BI & PD each occurrence
$500,000 Comprehensive
$500,000 collision
X 1 a. City of Cooper City named as an additional insured on other than Worker's Compensation.
NIA 19. Other Insurance required: uired.
X 20.30 days cancellation, nonrenewal, material change of coverage reduction written notice req
X 21. Best's rating or better, or its equivalent, attach proof.
Insurance agent's statement
have reviewed the requirements with bidder named below. In addition:
24, The above policies car the following deductables
25. Liability policies are occurrence
Insurance agent
claims made
Signature
Bidder's statement
I understand the insurance requirements of this Bid and will comply in warded the contract_
Bidder natu
7
CONTRACTOR'S QUALIFICATION STATEMENT
TO
THE CITY OF COOPER CITY
FOR
ARBORICULTURAL SERVICES
(TREE TRIMMING & REMOVAL, STUMP GRINDING)
Organization Name:
Local Address: &Yf
Local Telephone: S6 - Local Fax:
Principle Office Address: e41l,O, CA
The undersigned certifies under oath the truth and correctness of all statements and of all answers to the
questions made hereinafter.
1. How many years has this organization been in business as an aborcultural services contractor? 27
2. How many years has this organization been in business under the present business name? 27 -
3. If a corporation, answer the following:
3.1 Date of Incorporation: f2/S/Y 3.2 State of Incorporation:
3.3 President's Name:
3.4 Vice President's Name: O/Z't Efi-44NCaly1v
3.5 Secretary's Name: I9/V
3.6 Treasurer's Name:
33 All Director's Names:
3.8 All Shareholder's Names: f' /� Y /V
4. If an individual or partnership, answer the following:
4.1 Date of organization:
4.2 Name and address of all partners, and indicate whether general or limited:
1
5. If other than a corporation or partnership, describe organization and name principals:
6. List categories in which this organiz-ation is lawfully qualified to perform business in the State of Florida and
corresponding Florida registrationflicense titles and numbers: G.�w� c g-
7_ The following work is normally performed with forces directly employed by this organization:
Git 5X- f�Firit s� G
8_ Has this organization ever failed to complete any work for which it was contracted? No ALYes
If yes, give project title, owner, date and explanation:
9. Wrthin the last five years, `has any officer or partner of this organization ever been an officer or partner of
another organization when it failed to complete a contract? No Yes If yes, give name ofe
officer or partner, name of organization, project title, owner, date and explanation:
10. Has this organization, or any employee of this organization ever been cited for tree abuse by Broward
County or any municipality within Broward County? No�� Yes If yes, give name cited,
govemmental jurisdiction, date of citation and adjudication.
2
11. This organization has the following works in progress:
Project Title: f�i�/�/x_ S�/G�/J�Ss.4ff�7s Project Title: N9ii�y�i3�l�vlfs,- P_3 CogXr Le
Owner: 1-/X L - Owner: N/y7idiys�N��
Contract Value: D opo�� Contract Value:
Percent Complete:0 -_ Percent Complete: 9S
Scheduled Completion: /�/%y 7 - Scheduled Completion: G
Project Title: CH 2-6L-���f� /�Df� Project Title: _--_I-o S T -7;-TFF c zy
Owner: (���P�GG/{C/s i��a.� Owner: r/fc CGLr
Contract Value: Contract Value: DOO
Percent Complete: � Percent Complete: 2� o
Scheduled Completion: Scheduled Completion: 000
12. This organization has completed the following major works in the past five years:
Project Title: Project Title: __ 4;12
Owner: LLC 5GG u Y Owner: �RDrcv
Contract Value: Q n � Contract Value: z2 9 000 P�
Completion Date: _ -yL�s _ Completion Date:
Percent of own forces: boo o Percent of own forces: _ fODZ
Project Title: G1%Y- T Sc��.vYl�/FGd Project Trtle: G� i Y �� ,�u�9G��G
- Owner:
Owner: I
Contract Value: S D �n Contract Value: 70 ODO :�s
Completion Date: _ l92 3 Completion Date: z ZZL _
Percent of own forces: _ l00 �d - Percent of own farces: 0'Q
13. The following International Society of Arboriculture Certified Arborist is V, employed by or
contracted to this organization to perform work under this Agreement-,
Name: 4/tit d Certificate No. 50-675/ Expiration Date: r 2 - 3/- 97
Years with this organization: Contract expiration:
14. The following key individuals employed by this organization will be performing work under this Agreement:
Name: (h<C. C7-OL4 iNs Name: i
Title: /" G� Title: c.rrc- �f� izz
✓9��
Education: %r9 hia�sr�c��rr��� _ Education: //V
Years with this organization:
Years with this organization:
1 S. The following work will be sub -contracted to the following firms under this Agreement:
rOM
Work:
Sub -contractor:
Sub -contractor:
16. This organization owns/leases the following aerial trucks, covered dump trucks, chippers, stump grinders
and supervisory trucks which will be used to perform work under this Agreement:
Type Model year Manufacturer
V—ca�ydr3�o I�i_�P _7i��c�� 9-2- yG
17. This organization offers the following trade references:
S/ �9 a 7F O�`i r [� ii' f3 vrs CIS
II
18. This organization offers the following bank reference:
((/E6v5 F,4,160 O/ 441A O 3 Spu7-i/C'/1,4AIP (J/Y //
C,os ,WG6661 j CA, 9oo71 # z/3 - 253-3v�s
Dated this . ,7- y_ day of �i`�lG v 11996
Printed Name: _ �f�il�v_ S �E�G67
Title:
Signature:
5
BID BOND
TO
THE CITY OF COOPER CITY
FOR
AR13ORICULTURAL SERVICES
(TREE TRIMMING & REMOVAL, STUMP GRINDING)
Bidder. Environmental Care, Inc.,
114 5 Okeechobee Rd. -
Address'
West Palm Beach, FL 33401-6942
k,1pL0YERS INSURANCE OF KAUSAU, A
dba Arbor Surety. ^ Mutual CCT ._ n - -- - -
-t�ime Surety
-Piir ipal Address: 74 N. Pa�adena Ave. 400
Pasadena, CA 91103
Bid Due Date. 7 25 96
Phone:407_659-4600 Fax407-659-0150
Owner_ CITY OF COOPER CITY
Address: 9t)90 S.W. 50 PLACE
COOPER CITY, FL 33328
Bid Na; 96-8
penal Sum: *
Phone:818-440-0444 Fax; 818-568-4417
- V--, 1 11
P J -sef Ti ,'Is�xange
Address:
Rollins Hudig Hall of Florida, Tnc.
P.0. Box 143800
Cor Gables, FL 33114-3800
phone: 305-448-2211 Fax: 305--448-0741
Bond No. NZA Bond Date:1L12/-9L—
IN WITNESS WHEREOF, Surety and Bidder, Intending to be legally bound hereby, subject to terms included
In this Bond, do each cause this Bid Bond to be duty executed on its behalf by its authored officer,
referenceagent,
or to
representative. The addresses herein shall be used for giving required notices. . Any singular
Bidder, Surety, Owner or other party shall be considered plural where applicable
BIDDER SURETY
Environmental Care, Inc- dba IIZPIOXEpS INSURANCE OF WAUSAU, A
Arbor Care Mutual. Company
Name and Corporate Seal Name and Corporate Seal
6y:. t� R- 13y.
�ndTftle Signature an irtle
C.K. Nak a, t r tv�
FaAct
Witness
1
State of California
County of Los Angeles
On July 17, 1996 before me, Harriet Lambell Notary.Public,
personally appeared C.K. Nakamura
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
C
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D
7
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11
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2
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POWER OF ATTORNEY
(FOR BID BONDS ONLY)
KNOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation dul}• organized and existing under
the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of
Wisconsin, has made, constituted and appointed. and does by these presents make. constitute and appoint
E. S. ALBRECHT JR. C.G. GRASSO,
JERI SUMNER, DANIEL ORTIZ, KATHY CALVERT
its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name. place and stead, to execute,
seal, acknowledge and deliver ANY AND ALL BID BONDS OR WRITTEN DOCUMENTS INVOLVING BID GUARAN-
TEES OR IN THE NATURE THEREAFTER __..________________________________________-.
anto d the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with
the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
attorney -in -fact may do in the premises.
This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
meeting duly called and held on the 18th day of May, 1973, which resolution is still in effect:
"RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF
WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying
the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
Mutual Company bonds, undertakings and all contracts of suretyship: and that any secretary or assistant secretary be,
and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach
thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company."
"FURTHER RESOLVED, that thesignaturesof such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding
upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
to any bond, undertaking or contract of suretyship to which it is attached:"
IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day of
FEBRIiARY , 19 96
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
,SEAL i By
1. Stephen Ryan Vice President
Attest: -
R. J. Besteman Assistant Secretary
STATE OF WISCONSIN )
) ss.
COUNTY OF MARATHON )
On this 1ST day of FEBRUARY 19 96 , before me personally came
1- Stephen Ryan to me known, who being by me duly swom, did depose
and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year herein first above written-
Patricia A. Kleman Notary Public
NOTARY PUBLIC /^
STATE OF WISCONSIN `"
MY COMMISSION EXPIRES MAY 24, 1998 ::' °,W
STATE OF WISCONSIN ) CERTIFICATE
CITY OF WAUSAU ) ss.
COUNTY OF MARATHON )
1, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin
corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDAT-
ING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been
revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force.
Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin. this 17th day
of July 19 96
a a R. 1. Besteman Assistant Secretary
;•SEAL
NOTE: 1F YOU HAVE: ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY, CALL TOLL FREE (800) 826,1661. (IN WISCONSIN. CALL (800) 472.0041)
8154772.1 06-94
AGREEMENT
WITH
THE CITY OF COOPER CITY
FOR
ARBORICULTURAL SERVICES
(TREE TRIMMING & REMOVAL, STUMP GRINDING)
This Agreement is made on August 13, 19% by the City of Cooper City, 9090 S.W. 50th
Place, Cooper City, Florida 33328 (City) between Environmental Care, Inc. D. B.A. Arbor
Care, 1145 Okeechobee Road, West Palm Beach, Florida 33401 (Contractor) and the
City.
The City and the Contractor, for the consideration specified, agree as follows: The
Contractor shall perform the services described in the Contract Documents consisting of
providing arboricultural services (tree trimming & removal, stump grinding) within and as
directed by the City.
1.0 CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Notice to Bidders, the Contractors
Qualification Statement, the Bid, the Bid Bond, the General Conditions and Technical
Specifications, Certificates of Insurance, all addenda issued prior to and all modifications
issued after execution of this Agreement, and any representations made either orally or
in writing before the City Commission and included in the minutes thereof.
2.0 CONTRACT TERM
Work under this Agreement will commence upon the issuance by the City of a Notice to
Proceed to the Contractor and will run for one year thereafter, subject to any modifications
provided for in the Contract Documents. No work shall be deemed complete until it is
accepted by the City's Director of Public Works.
3.0 CONTRACT AMOUNT
The City will pay the Contractor for work which has been completed by the Contractor
and accepted by the City based upon the unit costs shown in the Offer of Bid.
i
4.0 PAYMENT
Payment will be made by the City to the Contractor on a monthly basis, based upon the
actual number of trees trimmed and removed, and stumps ground, completed by the
Contractor and accepted by the City. No payments will be made for partial work or work
in progress.
Witness these signatures:
C tract
Print Name and Title
r �
Contr c Witness
Contractor's Witness
r
CITY OF COOPER CITY
uellen H. Fardelrfiann, Mayor
Christopher J. FarWl, City Wnager
1 \
Attest: Susan Bernard, Cit Clerk
Approved as 1b Fo
Alan F. Ruf, City Attorney
ACKNOWLEDGMENT OF CONTRACTOR, IF AN INDIVIDUAL
State of:
On this day of
personally appeared
County of:
1996 before me came and
to me known and know to me to be the person described in and who executed the
foregoing Agreement and acknowledgment that he executed same.
Witness my hand and official notarial seal at
the day and year written above.
@Q
Notary Signature
Notary Stamp/Seal
Commission expiration
ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP
State of: County of:
On this day of
personally appeared
1996 before me came and
to me known and know to me to be one of the members of the partnership of
described in and who executed the foregoing Agreement and he acknowledged that he
executed the same on behalf of the said partnership and that the same is the act and deed
of the said partnership.
Witness my hand and official notarial seal at
the day and year written above.
C!
Notary Signature
Notary Stamp/Seal
Commission expiration
ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION
State of: ���� /� County of.
On this day of - , 1996 before me came and
personally appeared ,r/ 4'-0
to me known and who, being duly sworn, did depose and say that (s)he is the
,c�,�,r�c �, / �9 rr�� P of f�..,��6�•e
GQ�c
the corporation described in and which executed the foregoing Agreement; that (s)he
knows the seal of the said corporation; that one of the impressions affixed to the said
Agreement is an impression of the said seal; that (s)he is the proper official of the said
corporation designated to execute such Agreement, that (s)he has the authority to do so,
that (s)he has executed same for and in behalf of the said corporation; and that his/her act
is the act and deed of the said corporation.
Witness my hand and official notarial seal at 7S S ������U� G'
the day and year written above.
OPUMIDUC
A.RT1-UR LAUCR
My Comm Exp10/29/99
l3or�dcd By Se vice lr�
No. CC506346
R
Notary Signature
Notary Stamp/Seal
Commission expiration
GENERAL CONDITIONS & TECHNICAL SPECIFICATIONS
OF
THE CITY OF COOPER CITY
FOR
ARBORICULTURAL SERVICES
(TREE TRIMMING & REMOVAL, STUMP GRINDING)
1.0 GENERAL
1.1 Purpose: The purpose of this Agreement is to provide tree trimming and stump
grinding services by qualified aboriculture firms at various locations throughout the City.
1.2 Scope: The scope of the work shall consist of providing all labor, materials and
equipment necessary to perform maintenance work on public trees within the City of
Cooper City as specified herein. The work generally consists of arboriculture care of trees
to include and not limited to trees having a caliper of two inches and greater, the use of
hand and power pruning tools, aerial, chipping and stump grinding equipment.
1.3 Qualifications: The work shall be performed by a contractor who currently earns a
majority of its annual revenue by performing arboriculture service work, with contracts of
similar scope and magnitude, who employs persons who are highly trained and skilled in
arboriculture, and who possesses by either ownership or lease proper and sufficient
equipment to perform the work. Qualifications shall be judged by education, certifications,
reference, current and past experience, and equipment in the sole and exclusive discretion
of the City. The qualifications shall not diminish during the term of the Agreement.
1.4 Independent Contractor: The Contractor shall be legally considered as an
independent operator and that neither he nor his employees, his sub -contractors and their
employees, be considered servants or agents of the City, and that the City shall be at no
time legally responsible for any negligence on the part of the Contractor, his servants or
agents, his sub -contractors and their servants or agents, resulting in either bodily or
personal injury or property damage to any individual, firm or corporation. The Contractor,
and his sub -contractors, shall be deemed to be an independent contractor and not an
employee of the City. The Contractor, and his sub -contractors, shall not be entitled to any
benefits as an employee of the City, such as but not limited to Florida Workers'
Compensation.
1.5 Indemnification and Hold Harmless: The Contractor agrees to protect, defend,
indemnify and hold harmless the City of Cooper City and its officers, employees and
agents from any and all losses, penalties, damages, settlements, claims, costs, charges
for expenses, or liabilities of every and any kind including attorney's fees, in connection
1
e
with or arising directly or indirectly out of the work agreed to be performed by the
Contractor under the terms of this Agreement. Without limiting the foregoing, any and all
such claims, suits or other actions, relating to personal injury, death, damage to property,
defects in materials or workmanship, actual or alleged violation of any applicable statute,
ordinance, administrative order, rule or regulation, or decree of any court, shall be included
in the indemnity hereunder. The Contractor further agrees to investigate any and all such
claims at his sole expense, and agrees to bear all of the costs and expenses related
thereto, even if the claim(s) is/are groundless, false or fraudulent.
1.6 Sale, Transfer or Assignment: This agreement, in whole or in part, may not be sold,
transferred or assigned without the express written consent of the City.
1.7 Permits, Taxes, Licenses: The Contractor, at no cost to the City, shall obtain all
necessary permits, pay all licenses, fees and taxes, required to comply with all Federal.
State, County, Special Taxing/Assessment District, Municipal laws, ordinances, rules or
regulations applicable to the work to be performed under this Agreement.
1.8 Non-discrimination: There shall be no discrimination as to race, sex, color, creed or
national origin in any work performed under this Agreement.
1.9 Subcontractors: No subcontractor shall be recognized as such. All persons engaged
in the work covered by this Agreement shall be considered as employees of the Contractor
and the Contractor shall be held directly responsible for such work. The Contractor shall
submit to the City in writing each subcontractor for permission and approval prior to the
commencement of the subcontractor's work. The Contractor shall require subcontractor,
to the extent of the work performed by the subcontractor, to be bound to the Contractor by
the terms of the Contractor's relationship with the City, and to all of the obligations and
responsibilities which the Contractor assumes toward the City.
1.10 Severability: It is understood and agreed by the parties hereto that if any item or
provision of this Agreement is held to be unlawful or in conflict with Federal, State and/or
local law, the validity of the remaining items or provisions shall not be affected, and the
obligations of the Contractor shall be construed to be in force.
1.11 Notification: The Contractor shall notify the city immediately upon determination of
any malady or occurrence that has taken place which would in any way affect or alter the
duties, responsibilities, relationships or ability of the Contractor to fulfill obligations under
this Agreement in a timely manner as prescribed herein.
1.12 Rights and Remedies: The duties and obligations imposed by this Agreement and
the rights and remedies thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action
or failure to act by the City or Contractor shall constitute a waiver of any right or duty
to
afforded by this Agreement nor shall any such action or failure to act constitute an
approval of or acquiescence in any breach hereunder, except as may be specifically
agreed in writing.
1.13 Interpretation: The City shall be the sole interpreter of the requirements of this
Agreement and the sole judge of performance hereunder.
2.0 DEFINITIONS
2.1 City: The City of Cooper City, a Florida municipal corporation.
2.2 Department: The Department of Public Works of the City.
2.3 Director: The Director of Public Works, or his designee.
2.4 Public Right -of -Way: That portion of land belonging to the public, whether the City,
County or State, and generally lying between the back edges of the sidewalk on either side
of a roadway.
2.5 Public Property: Those lands belonging to the City.
2.6 N.A.A.: National Arborist Association
2.7 A.N.S.I.: American National Standards Institute
2.8 I.S.A.: International Society of Arboriculture
2.9 M.U.T.C.D.: Manual on Uniform Traffic Control Devices
2.10 O.S.H.A.: Occupational Safety and Health Administration
2.11 Caliper: The diameter of the breast height of the tree measured in inches at four feet
above the ground.
2.12 Swale: That portion of land lying between the edge of pavement/curb and the
sidewalk.
2.13 Median: That portion of land lying between and separating lanes of roadway.
2.14 Contractor: The individual, partnership or corporation who has executed and retains
title to this Agreement.
3
3.0 STANDARDS
3.1 General: The following standards shall apply to this specification, in the most current
form and as may be amended during the term of this Agreement.
3.1 N.A.A.: Pruning Standards for Shade Trees, Guying of Shade Trees, Fertilizing Shade
and Ornamental Trees, Lightning Protection Installation Systems for Shade Trees,
Pesticide Application Operation.
3.2 A.N.S.I.: Z-133.1, Safety Requirements for Tree Care; and A-300, Standard Practices
for Trees, shrubs and Other Woody Plant Maintenance.
3.3 M.U.T.C.D.: Part VI, Traffic Controls for Street and Highway Construction,
Maintenance, Utility and Emergency Operations.
3.4 O.S.H.A.: Standards relating to General Industry, Electrical Safety - Related Work
Practices, Telecommunications, Power Tools and Equipment, Aerial Equipment.
4.0 WORK
4.1 Work Locations: Work shall be performed primarily within the City's public rights -of -
way swales and medians, public parks, lands leased to the City, and other locations as
may be assigned by the Director.
4.2 Work Orders: Work shall be performed only upon the issuance of a work order by the
Director. Work shall be performed only on trees identified on the work order. Work orders
for routine work generally shall be issued weekly and shall be by block side. Work orders
for hazard and emergency work shall be issued daily as needed.
4.3 Work Periods: Routine work shall be performed not earlier than 7:00 A.M. and not
later than 5:00 P.M., Monday through Friday only. No work shall be performed on New
Year's Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas Day.
4.4 Emergency Work: Work may be directed either orally or by work order to be
performed at times other than the established work periods, for which the Contractor shall
respond to the location and be prepared to work within 24 hours of notification.
21
4.5 Commencement of Work: Work shall commence on the designated site within five
working days of issuance of a work order. Work shall commence on emergency locations
within 24 hours of notification.
4.6 Private Work: The Contractor shall neither solicit nor perform work for other clients
during performance of work under this Agreement. Work to be performed by issuance of
a work order shall not be interrupted for the purpose of performing work for other clients.
4.7 Tree Damage: Observation of tree damage prior to the commencement of work within
a work order shall be noted on the work order and shall immediately be reported to the
Director. Tree damage caused by the Contractor during the course of the work shall be
noted on the work order, immediately reported to the Director, and repaired by the
Contractor at no cost to the City. If any tree is destroyed, disfigured or dies within two
years as a result of Contractor's negligence or failure to follow specified standards, the
Contractor shall compensate the City for replacement value of the destroyed tree in
accordance with the City's Tree Preservation Ordinance, remove the destroyed tree and
grind the stump, all at no cost to the City. Climbing irons, spurs or spikes shall not be used
on any live tree.
4.8 Property Damage: Observation of property damage prior to the commencement of
work, whether public or private, within a work order shall be noted on the work order and
shall immediately be reported to the Director. Property damage, whether public or private,
caused by the Contractor during the course of the work shall be noted on the work order,
immediately reported to the Director, and repaired by the Contractor at no cost to the City
or property owner.
4.9 Inspections: The Department shall perform inspections based upon the work orders
issued and the reports furnished by the Contractor. Inspections may include and not be
limited to quantity and quality of the work, tree and property damage, and safety. The
Contractor shall notify the Department within 24 hours upon completion of a work order
and request a final inspection prior to submission of an invoice for said work. The City
shall have the authority to reject work which does not conform to the standards specified
herein.
4.10 Safety
4.10.1 Personnel: All persons performing work under this Agreement shall be equipped
with sufficient and proper safety apparel, to include and not limited to head, eye and ear
protection, safety vest, gloves and steel toed work shoes.
5
4.10.2 Equipment: All equipment utilized to perform work under this Agreement shall have
all safety devices in place as originally designed and supplied by the manufacturer, and
shall be sufficiently and properly maintained as recommended by the manufacturer.
4.10.3 Vehicles: All vehicles utilized to perform work under this Agreement shall have all
safety devices in place as originally designed and supplied by the manufacturer, and shall
be sufficiently and properly maintained as recommended by the manufacturer. Vehicles
utilized in traffic areas shall have sufficient and proper warning lights for the work to be
performed under this Agreement. Aerial equipment shall receive testing and certifications
as recommended by the manufacturer, and such test results and certifications shall be
available to the City upon request.
4.10.4 Traffic: Vehicular traffic shall be maintained in accordance with M.U.T.C.D.
standards. Pedestrian traffic may be prohibited when appropriate. Sufficient and proper
safety devices, to include and not be limited to signage, flags, barricades, and cones shall
be utilized when performing work under this Agreement. On local roadways, at least one
lane of traffic shall be maintained at all times; closures are prohibited except in emergency
situations at which time roadway clearance shall be the priority.
4.11 Identification: While performing work under this Agreement, and only while
performing work under this Agreement, the Contractor shall place signs on each of his
vehicles utilized during the course of the work in upper case letters not less than two
inches high to read CONTRACTOR FOR COOPER CITY PUBLIC WORKS_
4.12 Communications: The Contractor shall maintain means of communication, to
include pager, cellular phone and answering service, by which the City may contact
supervisory personnel 24 hours per day, seven days per week, in the office, field or
residence.
4.13 Supervision: The Contractor shall provide a competent person to be in charge of
the work to be performed under this Agreement at all times, to whom the City may issue
work orders and directives, who is authorized to accept and act upon such work orders and
directives, and who speaks, reads and writes the English language fluently.
4.14 Work Force: The Contractor shall provide adequate and sufficient work force to
perform the work as issued in each work order, to include all labor, equipment and
materials. The City reserves the right to direct the Contractor to provide additional work
force should circumstances so dictate.
4.15 Reporting System: At the end of each work day the Contractor shall hand deliver or
fax to the Director a report of work accomplished that day, the locations of work to be
performed the following day, deviations from scheduled work due to the addition and
[:1
deletion of work, issuance of superceeding work orders and directives, equipment
breakdowns, change in field conditions, or any other circumstances which places the
Contractor in a location other than expected.
4.16 Utilities: The Contractor shall be solely responsible for obtaining locations of
underground utilities when performing work below grade, and for identifying overhead
utilities when performing work above grade. The Contractor shall not perform work within
ten feet of power lines unless the person performing the work is certified to do so. Line
clearance work shall be performed by FPL and coordinated through the Director. Utilities
within the City include but are not limited to FPL, Bell South, Jones Intercable, Broward
County Traffic Engineering (traffic control conduit and detector loops), Cooper City Utilities
(water and sewer), Cooper City Public Works (irrigation systems and drainage systems).
4.17 Public Relations: The Contractor's positive relations with the City's residents is
essential to the success of this Agreement and is of equal importance to his ability to
competently trim trees. The Contractor shall extend the utmost courtesy to the City's
residents at all times. The Contractor shall make no statements why specific trees are
being pruned or removed, whether a replacement tree will be planted, and City activities,
policies and procedures. All inquiries shall be referred to the Director. Information
provided by the City to the contractor for distribution to the City's residents shall not be
altered by the Contractor.
4.18 Storage: The Contractor shall be responsible for the storage of his equipment and
vehicles. Storage of equipment and vehicles on City properties or on public rights -of -way
shall not be permitted.
4.19 Hazardous Conditions: The Contractor shall maintain all work sites free of hazards
to persons and/or property resulting from work being performed under this Agreement.
Any hazardous condition noted by the Contractor which is not a result of the Contractor's
work shall be immediately reported to the Department.
4.20 Records: The Contractor shall maintain and have available at all times for inspection
by the City records of all work performed under this Agreement.
5.0 PRUNING
5.1 Shade Trees: Standard pruning shall conform to N.A.A. Pruning Standard for Class
II Pruning. Hazard pruning, when directed, shall conform to N.A.A. Pruning Standard for
Class III Pruning.
5.2 Palm Trees: Standard pruning shall include removal of dead (brown) fronds, removal
of fronds that have dropped to a near vertical position, removal of the inflorescence (flower
7
spikes), remains of the inflorescence, young seed stalks, remains of seed stalks, and/or
the fruits. All cuts shall be made close to the trunk.
5.3 Dead Trees: Standard removal shall include the canopy and trunk, leaving a stump
cut as flush to the ground as possible.
5.4 Stump Grinding: Standard Grinding shall include stump and all exposed roots to be
ground out to six inches below surface of soil. Grinding debris shall be compacted into
stump hole to two inches below surface of soil, then grassed with Floratam sod. Leftover
grinding debris shall hauled from the work location and lawfully disposed of at the
Contractor's own expense.
5.5 Disposal
5.5.1 Chipped and Solid Wood Products: Contractor shall haul and lawfully dispose of
chipped and solid wood products generated by work under this Agreement at his own
expense. Storage and/or disposal of chips and solids generated by work performed under
this Agreement shall not be permitted in City properties or within public right-of-way.
5.5.2 Trunks and Fronds: Contractor shall haul and lawfully dispose of trunks and fronds
generated by work performed under this Agreement at his own expense. Storage and/or
disposal of trunks and fronds generated by work performed under this Agreement shall not
be permitted on City properties or within public rights -of -way.
5.6 Clean-up: Clean-up of all debris generated by the work performed under this
Agreement shall be achieved not later than twu hours after completion of the work for each
tree and/or stump, and the Contractor shall not leave the work location until clean-up is
achieved. The work location shall be left equal to or cleaner than pre -work conditions. All
debris shall be kept off private properties.
6.0INSURANCE
6.1 General: The Contractor shall be responsible for his performance and every part
thereof, and all materials, tools, equipment, vehicles and every property of every
description used to perform work under this Agreement. The Contractor shall specifically
and distinctly assume, and does so assume, all risks of damage or injury to property or
persons used or employed on or in the performance of work under this Agreement and/or
all damage or injury to any property or person, wherever located resulting from any action
or operation in performance of the work under this Agreement.
The Contractor during the term of this Agreement, shall maintain Workers' Compensation
and Employers Liability insurance to meet statutory requirements of the State of Florida,
to protect themselves from any liability of damage or injury, including death, to any of their
employees, including any liability of damage which may arise by virtue of any statute of law
in force or which may hereafter be enacted.
Original and signed certified Certificates of Insurance evidencing coverage and
endorsements as specified shall be filed by the Contractor's agent directly with the City
prior to the issuance of a Notice To Proceed with the work. The Certificate(s) shall state
the title of this Agreement.
The Contractor shall be responsible to secure and maintain policies of all sub -contractors
who may perform work under this Agreement in coverage and endorsement equal to that
of the Contractor, and shall file such Certificates evidencing the same with the City prior
to the sub -contractors commencement of work.
No change or cancellation in coverage and/or endorsement shall be made without 30 days
prior written notice to the City.
Compliance by the Contractor and all sub --contractors with this section as to carrying
insurance and furnishing copies of policies shall not relieve the Contractor and all sub-
contractors of their respective liabilities and obligations under this section or any other
section of this Agreement.
The Contractor shall obtain and maintain contractual liability insurance in limits acceptable
to the City for the sole purpose of protecting the City under the Hold Harmless section from
any and all claims arising out of the work performed under this Agreement.
The City shall be named as additional insured on the automobile and general liability
policy(s) with proof to be stated on the Certificate of Insurance provided to the City and this
coverage shall be primary to all other coverages the City possesses_
Supervision contract and other liability insurance provided under this Agreement shall not
contain a supervision, inspection or engineering services exclusion which would preclude
the City from supervising and/or inspecting the work performed under this Agreement as
to the end result. The Contractor -shall assume all on the job responsibility as to the
control of persons directly employed by him and/or the sub -contractor.
9
6.2 Coverage and Endorsements
6.2.1 Workers Compensation
6.2.1.1 State of Florida: Statutory limits
6.2.1.2 Employers Liability: $1,000,000
6.2.3 Contractual Indemnity and Hold Harmless: Exactly as written in Section 1.5,
$1,000,000 combined single limit bodily injury and property damage combined.
6.2.4 Comprehensive General Liability: Including Premises Operations, Independent
Contractor's Protection, Products Liability and Completed Operations, Broad Form
Property Damage.
6.2.4.1 Bodily Injury: Including Completed Operations and Products Liability. $1,000,000
Each Occurrence, $1,000,000 Annual Aggregate.
6.2.4.2 Property Damage: $1,000,000 Each Occurrence, $1,000,000 Annual Aggregate,
or, a combined single limit of $1,000,000/$1,000,000 annual aggregate.
6.2.4.3 Personal Injury: With employment exclusion deleted. $1,000,000. Annual
Aggregate.
6.2.5 Comprehensive Automobile Liability: Includes Owned, Non -owned and Hired
automobiles.
6.2.5.1 Bodily Injury: $1,000,000 Each Person, $1,000,000 Each Occurrence.
6.2.5.2 Property Damage: $1,000,000 Each Occurrence or be combined single limit of
$1,000,000.
6.2.6 Protective Liability: Contractors General Liability carrier shall issue a separate
protective Liability Policy covering the City in the amount of $1,000,000.
6.2.7 Endorsements
6.2.7.1 City As Additional Insured: All policies
6.2.7.2 Gross Liability or Severability of Interests Clause
6.2.7.3 Premium Non-payment: City shall not be liable for the payments of premiums or
assessments for any policies on which it is named.
ito]
6.3 Cancellation and Revision: The issuer of the Certificate of Insurance shall notify the
City in writing 30 days prior the cancellation or any revision to any policy.
6.4 Company Rating: Insurance companies issuing policies for this Agreement shall be
rated A:X or better according to the most current edition of Best's Guide Rating, and such
rating shall be provided in writing to the City along with the Certificates of Insurance
issued.
7.0 PENALTIES
7.1 General: The City reserves the right to withhold monies due the Contractor for the
Contractor's failure to comply with the following.
7.2 Reporting System: Failure to file daily reports, $25.00 per day.
7.3 Failed Inspections: Failed first inspection, no charge for first reinspection, $50.00 for
second reinspection, $150 for third reinspection.
7.4 Clean-up: Failure to clean-up, minimum two hour charge for all labor and equipment
expended by the City, plus disposal costs if any, plus $75.00 administrative fee.
7.5 Identification: Failure to display City identification sign, $25.00 per occurrence.
8.0 TERMINATION: The City reserves the right to terminate this Agreement with thirty
days written notice to the Contractor for reasons to include but not be limited to non -
appropriation of funds by the City Commission, lack of work, Contractor's failure to comply
with any and/or all parts of this Agreement in the sole and exclusive discretion of the City.
9.0 PAYMENT: Payments to the Contractor will be made on a monthly basis, and only for
work which has been completed by the Contractor and accepted by the City. No payments
will be made for partial work. or work in progress. Payments will be based upon the actual
number of trees pruned, removed, or stumps ground by the Contractor and accepted by
the City.
10.0 TERM: The term of this Agreement shall be one year commencing with the effective
date in the City's Notice to Proceed.
11
11.0 RENEWAL: This Agreement may be renewed for additional one year periods upon
the mutual consent of the City and the Contractor.
12.0 RIGHT TO PERFORM: The City reserves the right in its sole and exclusive discretion
to contract with similar firms to perform similar work, and to perform the work of this
Agreement with its own forces.
13.0 PAYMENTS WITHHELD:
13.1 General: The City may decline to certify payment, or because of subsequently
discovered evidence or subsequent observations, may nullify the whole, or any part of any
certificate for payment previously issued to such extent as may be necessary in the opinion
of the City to protect the City from loss because of:
13.2: Defective work not remedied,
13.3: Third party claims filed or reasonable evidence indicating probable filing of such
claims;
13.4: Failure of the Contractor to make payments properly to subcontractors or for labor,
materials, supplies or equipment;
13.5: Damage to the City or other person or property;
13.6: Reasonable evidence that the work will not be completed within the agreed upon
time;
13.7: Persistent failure to carry out the work in accordance with this Agreement.
12
Suellen H. Fardelmann, Mayor
Angelica Palank, Commissioner
Barry Jay Warsch, Commissioner
Bob Webster, Commissioner
M. Scott Kleiman, Commissioner
Christopher J. Farrell, City Manager
THE CITY OF
Someplace Special -place Special
July 23, 2001
Mr. Steven J. Beamsderfer
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321-2401
BROWARD COUNTY, FLORIDA
P.o. Box 290910
9090 Southwest 50th Place
Cooper City, Florida 33329-0910
(954) 434-4300 • Fax 434-5099
cooperch @ bellsouth.net
Re: Contract Tree Trimming Bid Number 96-8
Dear Mr. Beamsberfer,
The City of Cooper City, in cooperation with Enviromental Care, Inc. DBA Arbor
Care, is pleased to grant permission to the City of Tamarac to piggyback Cooper
City's Bid No. 96-8, Arboricultural Services (Tree Trimming & Removal, Stump
Grinding).
The City has used Arbor Care's services since 1996 and has renewed its
contract annually ever since. Arbor Care has held its unit pricing for this City
since 1996 and has performed very well for the City over the years. It is with
pleasure we recommend their services to the City of Tamarac.
Regards,
/ r„
erri-Anne Hartley m —
Purchasing Agentco
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CC" Andy Tellier, Account Manager — Arbor Care 3�
Jeanette Wofford, Arborist - Cooper City Cn 4
EQUAL OPPORTUNITY EMPLOYER
PRINTED ON RECYCLED PAPER 0
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"EXHIBIT 2"
COOPER CITY PUBLIC WORKS Memorandum
TO: Christopher J. Farrell DATE:
City Manager
SUBJECT:
FROM: Carl P. Miller REFERENCE:
Director
August 21, 200 kIL E: PW-01-172
Contract Tree Trimming
,zlS,aao
Environmental Care, Inc., d/b/a Arborcare, has been doing contract tree trimming, removal and
stump grinding in Cooper City since October 1996. The company has performed in an excellent
manner and has a very good working relationship with the Public Works department.
Environmental Care, Inc. has informed the City that it will hold its current pricing through
September 2002. The original contract with Environmental Care, Inc for Arboricultural Services
, Bid 96-8, General Conditions & Technical Specifications Section 11.0 renewal, states that "this
agreement may be renewed for additional one year periods upon the mutual consent of the City and
the Contractor."
It is recommended that the City Commission authorize the continuation of Environmental Care
Inc.'s contract through September 30, 2002.
It is requested that the matter be placed on the next scheduled Commission Agenda for
consideration and action.
c: Susan Bernard, Dir. of Admin. Services
Horacio Montes de0ca, Director of Finance
Jeanette Wofford, City Arborist
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DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECLAL ITEMS �-„..;
Additional Insured General Liability. City of Tamarac, but only with respe Qt �o.workbel g performed by or On behalf of the nprned InSured-
jA
SHOULD ANY OF THE ASOV[ DFMR1990 POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE
City of Tamarac
THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS wRIYTEN NOTICE TO THE
Att' Steve Beamsderfer
cFRT1FICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL I;VCH NOTICE SHALL IMPOSE
N❑ OBLIGATION OR LIABILITY OF ANY IONp UPON THE COMPANY. ITS AGENT OR
7525 NW 88th Avenue
PRESENT VES
AUTHORIZED PRESENT Iv!
Tamarac, FL 33321
F7n-4 7ny7n J RnC_I ean7lrleln
City of Tamarac
Purchasing Division
AGREEMENT
THIS AGREEMENT is entered into on the day of 2002
between the City of Tamarac, a municipal corporation with principal ffices located at
7525 NW 88th Avenue, Tamarac, Florida 33321 ("the City") and Environmental Care,
Inc. DBA Arbor Care, a Florida corporation with principal offices located at
1145 Okeechobee Road, West Palm Beach, FL 33401 (Contractor) for the purpose of
providing arboricultural services, including tree trimming, tree removal and stump
grinding, to the City of Tamarac Water Treatment Plant. The parties hereby agree to
the following terms and conditions.
In return for valuable consideration in an amount not to exceed $30,571.00,
Contractor shall comply with the terms and conditions within Cooper City Bid #96-8,
attached hereto as Exhibit 1. All terms and conditions of contract documents set forth in
Exhibit 1 are incorporated herein as if set forth in full, except as modified by the
proposal, specific to the City of Tamarac as set forth in Attachment A incorporated as if
set forth in full.
Upon execution of this Agreement, all references made to Cooper City Bid #96-8
in Exhibit 1 and Attachment A shall be interpreted as pertaining to Tamarac, and all
terms and conditions of Exhibit 1 shall be deemed as having been implemented for use
within the City of Tamarac. It is understood that wherever the words "City" or "City
Commission" appear, they shall be read as "City of Tamarac" and "City of Tamarac
Commissioners."
This agreement and Exhibit 1 and Attachment A constitute the entire agreement
between the City and the Contractor, Environmental Care, Inc., DBA Arbor Care.
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice, sent by registered United States
mail, with return receipt requested, addressed to the party for whom it is intended at the
following addresses.
CITY
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address.
CONSULTANT
Howard Green
Regional Business Development Manager
Environmental Care, Inc. dba Arbor Care
1145 Okeechobee Road
West Palm Beach, FL 33401
Phone: 561-659-3999
Piggyback Agreement
City of Tamarac
Purchasing Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, through its
Authorized Representative, and Environmental Care, Inc., DBA Arbor Care, signing by
and through its Regional Manager, duly authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date
ATTEST:
J 2--4
(Corporate Secretary)
ITY141 aKW jacrfd TV
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
, J Schreiber, Mayor
d-
Date
Jeffrey . Miller, City Manager
3-1)-4a
Date
as to form an,01egal sufficiency:
MittKell S. - raft, i y Attorney
Date
Environmental Care, Inc. DBA Arbor Care
Company Name
Autho ize ignature
John Bates
Type/Print Name of Authorized Officer
Date
-7-- Z, � - & L____
2
Piggyback Agreement
City of Tamarac
OF TAMp9(+
Purchasing Division
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY OF tom.
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sate
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
John Bates, Regional Manager of Environmental Care, Inc., DBA Arbor Care, a Florida
Corporation, to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this _3o day of -� 1�,, _, 2002.
Signature of Notary P lic
State of Florida at Large
SVW MY COMMISSION G08 m93Z EXPIRES
FebivaLy
�Rt
DOMUDflVUMYFARlH�15URAN Rrint, T ,.. pe or Stamp Y
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
3 Corporate Acknowledgement