HomeMy WebLinkAboutBudget Tree Service Agreement Form - 2005 03 28
.~' AGREEMENT FORM
THIS AGREEMENT MADE THIS 28th DAY OF March 2005 between the CITY OF WINTER
SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State
of Florida, herein referred to as OWNER and A Budget Tree Service, Inc, State of Florida,
herein referred to as CONTRACTOR, a person duly licensed as a Contractor in the State of
Florida, as follows:
1. DESCRIPTION OF WORK -CONTRACTOR shall perform the work, in accordance with
the Contract Documents for the construction of Channel Obstruction Project.
2. CONTRACT DOCUMENTS -The Contract Documents consist of this Agreement; all
Technical, General and Supplementary Conditions and Sections contained in the Project
Manual; the Drawings as listed on the Bid Form and Index to Drawings; all Addenda issued prior
to and all Change Orciers issued after execution of this Agreement. These form the Contract
and are incorporated into this Contract by this reference.
3. CONTRACT TIME -The CONTRACTOR shall begin work within 10 days after the
issuance of a written Notice to Proceed and shall complete the work within 120 calendar days
from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may
only be granted in writing.
4. LIQUIDATED DAMAGES -OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph 3 above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize the delays,
expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss
suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay OWNER $200.00 for each day that
expires after the time specified in Paragraph 4 for final completion until the work is finally
complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00)
Dollars as consideration for this provision.
5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the
CONTRACTOR in current funds for the performance of the work, subject to additions and
deductions by Change Order, the Total Contract Price of One Hundred Sixty-seven Thousand
Dollars ($ 167.000.00) Payments will be made to the CONTRACTOR for actual quantities
installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be
as fully a part of the Contract as if attached or repeated herein.
6. PROGRESS PAYMENTS -OWNER shall make progress payments on account of the
contract price to CONTRACTOR, on the basis of application for payments submitted to the City
or their authorized representative, by CONTRACTOR as the work progresses, and in
accordance with the Contract Documents.
Progress payments may be withheld if:
(A) Work is found defective and not remedied;
r
(B) Contractor does not make prompt and proper payments to subcontractors;
(C) Contractor does not make prompts and proper payments for labor, materials, or
equipment furnished him;
(D) Another Contractor is damaged by an act for which Contractor is responsible;
(E) Claims or liens are filed on the job; or
(F) In the opinion of the City of Winter Springs, Contractor's work is not progressing
satisfactorily.
7. FINAL PAYMENT -OWNER shall withhold up to 10% of the Contract Price throughout
the project. The OWNER shall release 50% of the amount withheld upon issuance of the
Substantial Completion Certificate. The remaining 50% of the amount withheld shall be
released with the Final Payment after the issuance of the Final Completion Certificate: OWNER
shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and
properly completed, if the contract has been fully and timely performed, but subject to the
condition that final payment shall not be due until CONTRACTOR has delivered to OWNER a
complete release of liens arising out the contract, or receipt releases of lien fully covering all
labor, materials and equipment for which a lien could be filed, or in the alternative a bond
satisfactory to OWNER indemnifying him against such claims.
By making payments OWNER does not waive claims including but not
limited to those relating to:
(A) Faulty work appearing after substantial completion has been
granted;
(B) Work that does not comply with the Contract Documents:
(C) Outstanding claims of liens; or
(D) Failure of Contractor to comply with any special guarantees required by the
Contract Documents.
8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR LANDSCAPE
ARCHITECT: DUTIES AND AUTHORITY -The duties and authority of the City are as
follows:
a. General Administration of Contract. The primary function of the City is to provide the
general administration of the contract. In performance of these duties Gregory A.
Bishop. or his authorized representative is the City's Project Director during the entire
period of construction. The OWNER (City) may change the Project Director during the
term of this contract.
b. Insaections, Opinions. and Progress Reports. The OWNER shall be kept familiar
with the progress and quality of the work by CONTRACTOR and may make periodic
visits to the work site. The OWNER will not be responsible for the means of
construction, or for the sequences, methods, and procedures used therein, or for the
CONTRACTOR's failure to perform the work in accordance with the Contract
Documents.
c. Access to Worksite for Inspections. The OWNER shall be given free access to the
worksite at all times during work preparation and progress. The Project Director is not
obligated to make exhaustive or continuous on site inspections to perform his duties of
checking and reporting on work progress, and any such inspections shall not waive
Owner's claim regarding defective work by Contractor.
d. Interpretation of Contract Documents: Decisions on Disautes. The OWNER will be
the initial interpreter of the contract document requirements, and make decisions on
claims and disputes between Contractor and Owner.
e. Refection and Stoapas~e of Work. The OWNER shall have authority to reject work
which in its opinion does not conform to the Contract Documents, and in this connection
may stop the work or a portion thereof, when necessary.
Payment Certificates. The OWNER will determine the amounts owing to
CONTRACTOR as the work progresses, based on CONTRACTOR's applications and
OWNER's inspections and observations, and will issue certificates for progress
payments and final payments in accordance with the terms of the Contract Documents.
9. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in
connection with the project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise
and direct the work, and give it all attention necessary for such proper supervision and
direction.
b. Discialine and Emalovment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person
unfit or without sufficient skill to perform the job for which he was employed.
c. Furnishins~ of Labor. Materials, etc. CONTRACTOR shall provide and pay for all
labor, materials and equipment, including tools, construction equipment and machinery,
utilities, including water, transportation, and all other facilities and services necessary for
the proper completion of work on the project in accordance with the Contract
Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall
secure all licenses and permits necessary for proper completion of the work, paying the
fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if
authorized in the Contract Documents) hold or will secure all trade or professional
licenses required by law for CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1)
calendar year after acceptance by OWNER.
10. BOND -CONTRACTOR shall supply a materials, performance and payment bond(s) in
accordance with Florida law and to the satisfaction of OWNER, in an amount specified in
the Contract Documents.
11. MEDIATIONNENUE -The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in a
mediation. The parties agree to equally share the cost of the mediator. Should the
parties fail to resolve their differences through mediation, then any cause of action filed
hereunder shall be filed in the Circuit or County Court for Seminole County, Florida.
12. NOTICES -Any notice or approval under this Contract shall be sent, postage prepaid, to
the applicable party at the address shown on the first page of this Contract.
Signed, Sealed and Delivered in the presence of:
N.t -,i
CONTRACTOR:
g Tree Service, Inc.
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Title
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Business Address
City, State Zip
Date 3~~g (Qj
By: Ronald W. McLe,~ore
City Manager ._
OWNER:
CITYf~/j~O' F W INTER SPRINGS
1126 East State Roast cf3~ ,
Winter Springs, FL. 32708 ,
407-327-1800
A Budget Tree Service, Inc.
710 E. State Road 434
Winter Springs, Fl. 32708
(407)327-2520
F= (407)327-2523
Email = treelad~na,abud~ettreeservice.com
RE: CHANNEL OBSTR UCTION PROJECT BID FOR CITY OF WINTER
SPRINGS DATED JANUARY 'OS (HURRICANE DAMAGE)
Mission Statement for Project
A Budget Tree Service, Inc. is dedicated to providing quality work! Our
mission in this project is to perform according to the specifications of the "Work
Scope" and to deliver the Channel, banks and surrounding environment back to the
City of Winter Springs with as little environmental impact as humanly possible.
Our teams pride themselves in the pruning and removal of damaged trees
and/or limbs according to ANSI 300 Standards without causing further damage to
the surrounding forest.
We will utilize equipment in areas where the forest will not be disrupted or
disturbed.
The equipment we plan on using for this project are Cranes where accessible
and needed to limit impact to the environmental surroundings and the bobcats will
only be used in specific settings.
Debris will be hauled away from areas where cranes are needed near roadways
such as, Trotwood and W.S Blvd near Chokecherry.
Also in Hacienda Village behind West La Vista Drive a large Live Oak in Gee
Creek needs to be hauled away to avoid further blockage.
The majority of this work will have to be done by labor rather than machines
in order to preserve the surrounding environment. Pulley systems, winches, etc, will
be utilized as hand equipment.
The City Representative will be informed as areas are completed. This
project will be completed in a timely fashion.
We look forward to serving our fair City in the field of our expertise and are
sure that this project will aid in the recovery of the hurricane disasters of 2004.
A Budget Tree Service, Inc.
710 E. State Road 434
Winter Springs, Fl. 32708
(407)327-2520
F=(407)327-2523
Email = treelady_(a~abudgettreeservice.com
°~CONSTRUCTION SPECIFICATION FOR CHANNEL OBSTRUCTION
REMOVAL FOR THE CITY OF WINTER SPRINGS
1. Scope
The work shall consist of the cleanup of designated channel areas consisting of the
removal and disposal of trees, logs, stumps, brush, tops, rubbish, debris and other
items as specified in Section 8 deposited in the channel.
2. Access
Access shall be designated by the City of Winter Springs representative unless
alternate routes are obtained by the Contractor and approved by the City of Winter
Springs. All access routes shall be restored, by the Contractor, to the condition prior
to the commencement of work under this contract.
3. Limits of Work
Each end of each reach of the channel and its tributaries designated for obstruction
removal will be referenced to identified roads or other structures or landmarks or be
marked by the City Representative by means of stakes, flags or other suitable
markers.
4. Removal
Flow obstructions shall be removed by methods including, but not limited to, sawing,
cabling, winching, lifting or dragging.
The following guidelines will be used to determine which trees, stumps and brush to
remove.
a) All downed trees, brush, limbs, tops, vines and other washed-in woody
vegetative materials lying completely or partially within the stream banks and
right of way shall be removed extending three (3) feet out from either edge of
bank.
b) Undermined or storm damaged trees within or outside the banks which are
still standing but likely to fall into the stream shall be removed.
c) Stumps of downed trees within the channel banks shall not be removed unless
otherwise noted in Section 8 of this specification.
All building materials, manufactured items and other loose foreign debris lying
completely or partially within the limits of designated areas shall be properly disposed of.
5. Disposal
All material produced from the "Channel Obstruction Removal" shall be disposed of
adjacent to streams. Material is to be placed outside of work area so material will not
wash back into the stream. All trees and limbs shall be cut to allow as much ground
contact as practical to promote deterioration of material.
Debris shall not be placed in tributaries, side ditches, floodplains nor other defined water
entrances to the watercourse being cleaned.
6. Special Requirements
Roadways constructed in the work areas shall be kept to the minimum necessary.
All saw cuts shall be made parallel to and as close to ground level as practical.
The Contractor shall take reasonable precautions to prevent further damage to the channel
and its environment to include channel banks, fishery resources and undamaged trees.
The Contractor shall provide tanks or barrels to be used for off-site disposal of chemical
pollutants such as drained lubricating or transmission oils, greases, etc. produced as a by-
product of this work. Washing, fueling or servicing of equipment shall be avoided where
spillage or wash water can enter the watercourse.
The number of channel crossings shall be kept to a minimum. Materials used to form
channel crossings shall be removed once the work for the subject reach is completed.
Fences which must be cut or removed for access shall be repaired or replaced by the
Contractor at his expense to equal or exceed the quality of fencing that was in place prior
to the cutting or removal.
The Contractor shall take all reasonable precautions to prevent further damage to
structures, utilities or other fixed improvements and shall promptly repair or replace at his
expense any such improvements damaged by his operations.
The Contractor shall coordinate, with the appropriate road department, the methods and
manners of traffic control.
7. Measurement and Payment
Payment will be made on a lump sum basis. Such payment shall be considered full
compensation for all materials, labor, equipment, tools, seeding and other items necessary
and incidental to complete the work.
8. Items of Work and Construction Details
Items of work to be performed in conformance with this specification and the
construction details therefore are:
Channel Obstruction Removal
a) This item shall consist of the removal and disposal of all obstructions caused by
Hurricane Charley andlor construction activity from within the specified limits
shown on the drawing or as staked in the field.
b) All debris within the work limits shall be removed. Vegetative debris longer than
18 inches and having a diameter greater than 2 inches within the work limits shall
be removed. This is to include, but is not limited to all debris (trees, root balls
which have been displaced, etc.) that is a part of the debris within the work limits.
c) The Contractor is responsible for any debris, which his operation may dislodge
and float downstream of the work area.
d) All ruts and depressions caused by the Contractor shall be filled or leveled out.
All bare areas shall be seeded and mulched as directed by the city."
FOR THE ABOVE DESCRIBED WORK SPECIFICATIONS IN ITS
ENTIRETY, A Budget Tree Service, Inc., does hereby enter their bid for
the amount of
The Highlands Creek - $ 27,000.00
No Name Creek - $ 40,000.00
Gee Creek - $ 35,000.00
Little Howell Creek - $ 65,000.00
Howell Creek - $ 68,000.00
Bear Creek - $ 60,000.00
Thank you for this opportunity!
Dar . Meagh Dale er