Routine and Emergency Tree Trimming and Removal

EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904)858-4848 1701 Prudential Dr., Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 February 27, 2024 WICKED OUTDOORS ITB-021-22/LN – ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL Dear Sir/Madam: On Monday, February 26, 2024, the Superintendent’s designee of Duval County Public Schools renewed the contract for ITB-021-22/LN – ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL. This is your official notification of contract renewal for the second of five possible renewal periods. The renewal is for March 1, 2024 to February 28, 2025. In accordance with Section #20, please forward an updated copy of your insurance certificate. Purchase orders will be issued for this service for the contract period indicated above. If you have any questions about this contract, please contact Lucy

Naswthis contract, please contact Lucy Nasworthy at (904) 858-4846 or nasworthyl@duvalschools.org . Thank you for your interest in Duval County Public Schools Yours truly, Terrence T. Wright, Director Purchasing Services TTW/ln cc: Master bid file Anita Locke, Debowrah Stevens a rd http://www.duvalschools.org/ mailto:nasworthyl@duvalschools.org Dr. Diana L. Greene Superintendent of Schools EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904)858-4848 1701 Prudential Dr., Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 April 4, 2023 TREECO ITB-021-22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL Dear Sir/Madam: On Wednesday March 8, 2023, the Superintendents designee of Duval County Public Schools renewed the contract for ITB-021-22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL. This is your official notification of contract renewal for the first of five possible renewal periods. The renewal is for March 1, 2023 to February 28, 2024. In accordance with Section #20, please forward an updated copy of your insurance certificate. Purchase orders will be issued for this service for the contract period indicated above. If you have any questions about this contract, please contact Lucy Nasworthy at (904) 858-4846 or nasworthyl@duvalschools.org . Thank you for your interest in Duval County Public Schools Yours truly, Terrence T. Wright, Director Purchasing Services TTW/ln cc: Master bid file Anita Locke, Debowrah Stevens a rd http://www.duvalschools.org/ mailto:nasworthyl@duvalschools.org Dr. Diana L. Greene Superintendent of Schools EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904)858-4848 1701 Prudential Dr., Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 April 4, 2023 LEWIS TREE SERVICE, INC. RE: ITB-021/22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL Dear Sir/Madam: On Wednesday, March 8, 2023, the Superintendents designee of Duval County Public Schools renewed the contract for ITB-021/22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL. This is your official notification of contract renewal for the first of five possible renewal periods. The renewal is for March 1, 2023 through February 28, 2024. In accordance with Special Condition 8, your request for a 3% CPI increase has been approved. See attached revised tab sheet. The CPI increase will take effect at the renewal period which began March 1, 2023. In accordance with Section #20, please forward an updated copy of your insurance certificate. Purchase orders will be issued for this service for the contract period indicated above. If you have any questions about this contract, please contact Lucy Nasworthy at (904) 858-4846 or nasworthyl@duvalschools.org . Thank you for your interest in Duval County Public Schools Yours truly, Terrence T. Wright, Director Purchasing Services cc: Master bid file Anita Locke, Debowrah Stevens a rd http://www.duvalschools.org/ mailto:nasworthyl@duvalschools.org ITB-021-22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL FOR LEWIS TREE REQUEST OF 3%CPI INCREASE AT RENEWAL DATE CPI INCREASE EFFECTIVE 3/1/2023 Item No: Description Estimated Quantity Unit of Measure Price per unit Extended Price Price per unit Extended Price 1 Tree Removal (less than 4") 20 Each $63.76 $1,275.20 $65.67 $1,313.46 2 Tree Removal (4" to 12") 30 Each $71.87 $2,156.10 $74.03 $2,220.78 3 Tree Removal (13" to 24") 40 Each $564.66 $22,586.40 $581.60 $23,263.99 4 Tree Removal (25" to 36") 50 Each $1,432.98 $71,649.00 $1,475.97 $73,798.47 5 Tree Removal (37" to 48") 50 Each $2,163.30 $108,165.00 $2,228.20 $111,409.95 6 Tree Removal (48" to 60") 50 Each $3,801.53 $190,076.50 $3,915.58 $195,778.80 7 Tree Removal (61" to 72") 25 Each $4,813.15 $120,328.75 $4,957.54 $123,938.61 8 Tree Removal (greater than 72") 15 Each $6,016.44 $90,246.60 $6,196.93 $92,954.00 9 Tree Trimming (hourly rate) 100 Each $94.15 $9,415.00 $96.97 $9,697.45 10 Palm Tree Trimming (hourly rate) 50 Each $94.15 $4,707.50 $96.97 $4,848.73 11 Crepe Myrtle Trimming (hourly rate) 25 Each $94.15 $2,353.75 $96.97 $2,424.36 12 Stump Grinding (less than 24") 90 Each $76.56 $6,890.40 $78.86 $7,097.11 13 Stump Grinding (24" to 48") 100 Each $153.12 $15,312.00 $157.71 $15,771.36 14 Stump Grinding (greater than 48") 35 Each $229.68 $8,038.80 $236.57 $8,279.96 15 2 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 500 Hour $120.33 $60,165.00 $123.94 $61,969.95 16 3 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 400 Hour $164.95 $65,980.00 $169.90 $67,959.40 17 4 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 300 Hour $209.56 $62,868.00 $215.85 $64,754.04 18 4 Person crew, aerial lift, chipper & loader Routine hourly tree pruning & debris removal & disposal 300 Hour $277.92 $83,376.00 $286.26 $85,877.28 19 2 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 500 Hour $120.33 $60,165.00 $123.94 $61,969.95 ROUTINE TREE TRIMMING AND REMOVAL ITEMS 1-22 AWARDED ALL OR NONE BID TABULATION Lewis Tree Service, Inc. TERTIARY AWARD Lewis Tree Service, Inc. ITB-021-22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL FOR LEWIS TREE REQUEST OF 3%CPI INCREASE AT RENEWAL DATE CPI INCREASE EFFECTIVE 3/1/2023 Item No: Description Estimated Quantity Unit of Measure Price per unit Extended Price Price per unit Extended Price BID TABULATION Lewis Tree Service, Inc. TERTIARY AWARD Lewis Tree Service, Inc. 20 3 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 400 Hour $164.95 $65,980.00 $169.90 $67,959.40 21 4 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 300 Hour $209.56 $62,868.00 $215.85 $64,754.04 22 4 Person crew, aerial lift, chipper & loader Routine hourly tree removal, pruning & debris removal & disposal 300 Hour $277.92 $83,376.00 $286.26 $85,877.28 $1,197,979.00 $1,233,918.37 23 Tree Removal (less than 4") 20 Each $77.79 $1,555.80 $300.00 $6,000.00 24 Tree Removal (4" to 12") 30 Each $87.68 $2,630.40 $375.00 $11,250.00 25 Tree Removal (13" to 24") 40 Each $688.89 $27,555.60 $450.00 $18,000.00 26 Tree Removal (25" to 36") 50 Each $1,748.24 $87,412.00 $750.00 $37,500.00 27 Tree Removal (37" to 48") 50 Each $2,639.23 $131,961.50 $1,125.00 $56,250.00 28 Tree Removal (48" to 60") 50 Each $4,637.87 $231,893.50 $1,500.00 $75,000.00 29 Tree Removal (61" to 72") 25 Each $5,872.05 $146,801.25 $2,250.00 $56,250.00 30 Tree Removal (greater than 72") 15 Each $7,340.06 $110,100.90 $3,000.00 $45,000.00 32 Tree Trimming (hourly rate) 100 Each $117.95 $11,795.00 $375.00 $37,500.00 33 Palm Tree Trimming (hourly rate) 50 Each $117.95 $5,897.50 $375.00 $18,750.00 34 Crepe Myrtle Trimming (hourly rate) 25 Each $117.95 $2,948.75 $375.00 $9,375.00 35 Stump Grinding (less than 24") 90 Each $93.40 $8,406.00 $150.00 $13,500.00 36 Stump Grinding (24" to 48") 100 Each $186.81 $18,681.00 $225.00 $22,500.00 37 Stump Grinding (greater than 48") 35 Each $280.21 $9,807.35 $375.00 $13,125.00 EMERGENCY TREE TRIMMING AND REMOVAL ITEMS 23-46 AWARDED ALL OR NONE TOTAL ROUTINE TREE TRIMMING AND REMOVAL GROUP 1 (Lines 1-22): ITB-021-22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL FOR LEWIS TREE REQUEST OF 3%CPI INCREASE AT RENEWAL DATE CPI INCREASE EFFECTIVE 3/1/2023 Item No: Description Estimated Quantity Unit of Measure Price per unit Extended Price Price per unit Extended Price BID TABULATION Lewis Tree Service, Inc. TERTIARY AWARD Lewis Tree Service, Inc. 38 2 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 200 Hour $153.29 $30,658.00 $375.00 $75,000.00 39 3 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 250 Hour $213.53 $53,382.50 $412.50 $103,125.00 40 4 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 150 Hour $273.73 $41,059.50 $487.50 $73,125.00 41 4 Person crew, aerial lift, chipper & loader Routine hourly tree pruning & debris removal & disposal 150 Hour $343.85 $51,577.50 $487.50 $73,125.00 42 2 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 250 Hour $153.29 $38,322.50 $412.50 $103,125.00 43 3 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 200 Hour $213.53 $42,706.00 $412.50 $82,500.00 44 4 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 150 Hour $273.76 $41,064.00 $525.00 $78,750.00 45 4 Person crew, aerial lift, chipper & loader Routine hourly tree removal, pruning & debris removal & disposal 150 Hour $343.85 $51,577.50 $525.00 $78,750.00 46 Markup on materials, supplies, or equipment not listed above (shall be a percentage above cost) Not to exceed 15% 100 Percent 15% $15.00 1.5% $1.50 $1,147,794.05 $1,087,501.50 Prepared by: Lucy Naswort Verified by: Karen Morene TOTAL EMERGENCY TREE TRIMMING AND REMOVAL GROUP 2 (Lines 23-46) ITB-021-22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL FOR LEWIS TREE REQUEST OF 3%CPI INCREASE AT RENEWAL DATE CPI INCREASE EFFECTIVE 3/1/2023 Item No: Description Estimated Quantity Unit of Measure Price per unit Extended Price Price per unit Extended Price BID TABULATION Lewis Tree Service, Inc. TERTIARY AWARD Lewis Tree Service, Inc. Date: 03/01/2022 Award = Primary Dr. Diana L. Greene, Superintendent of Schools Duval County Public Schools is committed to providing high quality educational opportunities that will inspire all students to acquire and use the knowledge and skills needed to succeed in a culturally diverse and technologically sophisticated world. Adopted February 3, 1998 Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 1701 Prudential Dr., Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 May 4, 2022 Wicked Outdoors, LLC. Primary Award Treeco Secondary Award Lewis Tree Service, Inc. Tertiary Award RE: ITB-021-22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL Dear Sir/Madam: On Tuesday, May 3, 2022, the School Board of Duval County Public Schools approved the award of bid ITB-021-22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL. This is your official notification of bid award. This award is for the period from May 5, 2022 through February 28, 2023. Please forward a copy of your insurance certificate as required per special condition #20 to the Buyer, Lucy Nasworthy. (Email and fax are both acceptable.) Purchase orders will be issued for these services as needed during the bid period. If you have any questions regarding this bid, please contact Lucy Nasworthy at (904) 858-4846. Thank you for your interest in Duval County Public Schools. Terrence Wright, Director DCPS Purchasing Services Cc: Anita Locke Debowrah Stevens Master Bid folder 4+. re http://www.duvalschools.org/ http://www.duvalschools.org/ ITB-021-22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL 1/20/2022 Item No: Description Estimated Quantity Unit of Measure Price per unit Extended Price Price per unit Extended Price Price per unit Extended Price 1 Tree Removal (less than 4") 20 Each $63.76 $1,275.20 $200.00 $4,000.00 $200.00 $4,000.00 2 Tree Removal (4" to 12") 30 Each $71.87 $2,156.10 $250.00 $7,500.00 $400.00 $12,000.00 3 Tree Removal (13" to 24") 40 Each $564.66 $22,586.40 $300.00 $12,000.00 $575.00 $23,000.00 4 Tree Removal (25" to 36") 50 Each $1,432.98 $71,649.00 $500.00 $25,000.00 $675.00 $33,750.00 5 Tree Removal (37" to 48") 50 Each $2,163.30 $108,165.00 $750.00 $37,500.00 $800.00 $40,000.00 6 Tree Removal (48" to 60") 50 Each $3,801.53 $190,076.50 $1,000.00 $50,000.00 $1,150.00 $57,500.00 7 Tree Removal (61" to 72") 25 Each $4,813.15 $120,328.75 $1,500.00 $37,500.00 $2,100.00 $52,500.00 8 Tree Removal (greater than 72") 15 Each $6,016.44 $90,246.60 $2,000.00 $30,000.00 $2,375.00 $35,625.00 9 Tree Trimming (hourly rate) 100 Each $94.15 $9,415.00 $250.00 $25,000.00 $95.00 $9,500.00 10 Palm Tree Trimming (hourly rate) 50 Each $94.15 $4,707.50 $250.00 $12,500.00 $95.00 $4,750.00 11 Crepe Myrtle Trimming (hourly rate) 25 Each $94.15 $2,353.75 $250.00 $6,250.00 $95.00 $2,375.00 12 Stump Grinding (less than 24") 90 Each $76.56 $6,890.40 $100.00 $9,000.00 $60.00 $5,400.00 13 Stump Grinding (24" to 48") 100 Each $153.12 $15,312.00 $150.00 $15,000.00 $80.00 $8,000.00 14 Stump Grinding (greater than 48") 35 Each $229.68 $8,038.80 $250.00 $8,750.00 $150.00 $5,250.00 15 2 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 500 Hour $120.33 $60,165.00 $250.00 $125,000.00 $225.00 $112,500.00 16 3 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 400 Hour $164.95 $65,980.00 $275.00 $110,000.00 $270.00 $108,000.00 17 4 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 300 Hour $209.56 $62,868.00 $325.00 $97,500.00 $300.00 $90,000.00 18 4 Person crew, aerial lift, chipper & loader Routine hourly tree pruning & debris removal & disposal 300 Hour $277.92 $83,376.00 $325.00 $97,500.00 $350.00 $105,000.00 19 2 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 500 Hour $120.33 $60,165.00 $275.00 $137,500.00 $240.00 $120,000.00 20 3 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 400 Hour $164.95 $65,980.00 $300.00 $120,000.00 $280.00 $112,000.00 ROUTINE TREE TRIMMING AND REMOVAL ITEMS 1-22 AWARDED ALL OR NONE BID TABULATION Lewis Tree Service, Inc. TERTIARY AWARD Treeco SECONDARY AWARD Wicked Outdoors LLC PRIMARY AWARD ITB-021-22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL 1/20/2022 Item No: Description Estimated Quantity Unit of Measure Price per unit Extended Price Price per unit Extended Price Price per unit Extended Price BID TABULATION Lewis Tree Service, Inc. TERTIARY AWARD Treeco SECONDARY AWARD Wicked Outdoors LLC PRIMARY AWARD 21 4 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 300 Hour $209.56 $62,868.00 $350.00 $105,000.00 $320.00 $96,000.00 22 4 Person crew, aerial lift, chipper & loader Routine hourly tree removal, pruning & debris removal & disposal 300 Hour $277.92 $83,376.00 $350.00 $105,000.00 $350.00 $105,000.00 $1,197,979.00 $1,177,500.00 $1,142,150.00 23 Tree Removal (less than 4") 20 Each $77.79 $1,555.80 $300.00 $6,000.00 $225.00 $4,500.00 24 Tree Removal (4" to 12") 30 Each $87.68 $2,630.40 $375.00 $11,250.00 $425.00 $12,750.00 25 Tree Removal (13" to 24") 40 Each $688.89 $27,555.60 $450.00 $18,000.00 $600.00 $24,000.00 26 Tree Removal (25" to 36") 50 Each $1,748.24 $87,412.00 $750.00 $37,500.00 $700.00 $35,000.00 27 Tree Removal (37" to 48") 50 Each $2,639.23 $131,961.50 $1,125.00 $56,250.00 $825.00 $41,250.00 28 Tree Removal (48" to 60") 50 Each $4,637.87 $231,893.50 $1,500.00 $75,000.00 $1,200.00 $60,000.00 29 Tree Removal (61" to 72") 25 Each $5,872.05 $146,801.25 $2,250.00 $56,250.00 $2,225.00 $55,625.00 30 Tree Removal (greater than 72") 15 Each $7,340.06 $110,100.90 $3,000.00 $45,000.00 $2,500.00 $37,500.00 32 Tree Trimming (hourly rate) 100 Each $117.95 $11,795.00 $375.00 $37,500.00 $120.00 $12,000.00 33 Palm Tree Trimming (hourly rate) 50 Each $117.95 $5,897.50 $375.00 $18,750.00 $120.00 $6,000.00 34 Crepe Myrtle Trimming (hourly rate) 25 Each $117.95 $2,948.75 $375.00 $9,375.00 $120.00 $3,000.00 35 Stump Grinding (less than 24") 90 Each $93.40 $8,406.00 $150.00 $13,500.00 $75.00 $6,750.00 36 Stump Grinding (24" to 48") 100 Each $186.81 $18,681.00 $225.00 $22,500.00 $100.00 $10,000.00 37 Stump Grinding (greater than 48") 35 Each $280.21 $9,807.35 $375.00 $13,125.00 $175.00 $6,125.00 EMERGENCY TREE TRIMMING AND REMOVAL ITEMS 23-46 AWARDED ALL OR NONE TOTAL ROUTINE TREE TRIMMING AND REMOVAL GROUP 1 (Lines 1-22): ITB-021-22/LN ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL 1/20/2022 Item No: Description Estimated Quantity Unit of Measure Price per unit Extended Price Price per unit Extended Price Price per unit Extended Price BID TABULATION Lewis Tree Service, Inc. TERTIARY AWARD Treeco SECONDARY AWARD Wicked Outdoors LLC PRIMARY AWARD 38 2 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 200 Hour $153.29 $30,658.00 $375.00 $75,000.00 $250.00 $50,000.00 39 3 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 250 Hour $213.53 $53,382.50 $412.50 $103,125.00 $295.00 $73,750.00 40 4 Person crew, aerial lift & chipper, Routine hourly pruning & debris removal & disposal 150 Hour $273.73 $41,059.50 $487.50 $73,125.00 $325.00 $48,750.00 41 4 Person crew, aerial lift, chipper & loader Routine hourly tree pruning & debris removal & disposal 150 Hour $343.85 $51,577.50 $487.50 $73,125.00 $345.00 $51,750.00 42 2 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 250 Hour $153.29 $38,322.50 $412.50 $103,125.00 $270.00 $67,500.00 43 3 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 200 Hour $213.53 $42,706.00 $412.50 $82,500.00 $310.00 $62,000.00 44 4 Person crew, aerial lift & chipper, Routine hourly tree removal, pruning & debris removal & disposal 150 Hour $273.76 $41,064.00 $525.00 $78,750.00 $340.00 $51,000.00 45 4 Person crew, aerial lift, chipper & loader Routine hourly tree removal, pruning & debris removal & disposal 150 Hour $343.85 $51,577.50 $525.00 $78,750.00 $375.00 $56,250.00 46 Markup on materials, supplies, or equipment not listed above (shall be a percentage above cost) Not to exceed 15% 100 Percent 15% $15.00 1.5% $1.50 4% $4.00 $1,147,794.05 $1,087,501.50 $775,504.00 Prepared by: Lucy Nasworthy Verified by: Karen Morene Date: 03/01/2022 Award = Primary Secondary Tertiary TOTAL EMERGENCY TREE TRIMMING AND REMOVAL GROUP 2 (Lines 23-46) www.duvalschools.org/purchasing December 20, 2021 Buyer: Lucy Nasworthy Phone: 904-858-4846 Bid Number: ITB-021-22-LN Bid Title: ROUTINE AND EMERGENCY TREE TRIMMING AND REMOVAL Term of Bid: From Date of Award through February 28, 2023 with five (5) one-year renewal options. Opening: Thursday, January 20, 2022 at 2:00 p.m. Bids received prior to this date and time will be opened in the Conference Room and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. Submit Bid to: DCPS Purchasing Services / 1701 Prudential Dr., Suite 322 / Jacksonville FL 32207 Special Requirements: See Specification 2 - Contractor Requirements on page SP2 BIDDER ACKNOWLEDGEMENT This form must be completed, returned, and include an original signature for bid to be considered. By signing below, I attest that I have acquainted myself with the general conditions, special conditions and specifications of this bid, and agree to comply with them all. I certify that I am authorized to obligate on behalf of the bidder and that the address shown on this form is the companys principal place of business. Bid documents shall be submitted in a sealed envelope clearly marked with this bid number, opening date and time. Legal Name of Firm: Mailing Address: City, State, Zip Code: Telephone: Toll Free: Fax: Email Address: Internet URL: Federal ID # or SS #: Duns #: If you are a certified minority, state certifying agency: Payments will be made in accordance with Florida Statute 218. Form of Payment accepted: Credit Card _____ or ACH _____ (see Special Condition #30) Initial Initial Delivery can be made within calendar days after receipt of order. Addenda through received. (if applicable) Original Signature of Authorized Representative: Printed/Typed Name of Authorized Representative: Title: Date: a rd http://www.duvalschools.org/purchasing GENERAL CONDITIONS 1. RESERVATIONS: Duval County Public Schools reserves the right to reject any or all bids or any part thereof and/or waive informalities if such action is deemed in the best interest of Duval County Public Schools. Duval County Public Schools reserves the right to cancel any contract, if in its opinion, there be a failure at any time to perform adequately the stipulations of this invitation to bid, and general conditions and specifications which are attached and made part of this bid, or in any case of any attempt to willfully impose upon Duval County Public Schools materials or products or workmanship which is, in the opinion of Duval County Public Schools, of an unacceptable quality. Any action taken in pursuance of this latter stipulation shall not affect or impair any rights or claim of Duval County Public Schools to damages for the breach of any covenants of the contract by the contractor. Duval County Public Schools also reserves the right to reject the bid of any bidder who has previously failed to perform adequately after having once been awarded a prior bid for furnishing materials similar in nature to those materials mentioned in this bid. Should the contractor fail to comply with the conditions of this contract or fail to complete the required work or furnish the required materials within the time stipulated in the contract, Duval County Public Schools reserves the right to purchase in the open market, or to complete the required work, at the expense of the contractor or by recourse to provisions of the faithful performance bond if such bond is required under the conditions of this bid. Should the contractor fail to furnish any item or items, or to complete the required work included in this contract, Duval County Public Schools reserves the right to withdraw such items or required work from the operation of this contract without incurring further liabilities on the part of Duval County Public Schools thereby. SHOULD ANY BIDDER HAVE ANY QUESTIONS AS TO THE INTENT OF MEANING OF ANY PART OF THIS BID HE/SHE SHOULD CONTACT THE BUYER IN TIME TO RECEIVE A WRITTEN REPLY BEFORE SUBMITTING HIS/HER BID. All items furnished must be completely new, and free from defects unless specified otherwise. No others will be accepted under the terms and intent of this bid. 2. QUOTATIONS: No bidder will be allowed to offer more than one price on each item even though he/she may feel that he/she has two or more types or styles that will meet specifications. Bidders must determine for themselves which to offer. IF SAID BIDDER SHOULD SUBMIT MORE THAN ONE PRICE ON ANY ITEM, ALL PRICES FOR THAT ITEM WILL BE REJECTED AT THE DISCRETION OF THE DIRECTOR OF PURCHASING. 3. TAXES: Duval County Public Schools is exempt from the following taxes: (a) State of Florida Sales Tax by Certificate No. 85-8013988912C-0. 4. CARTAGE: No charge will be allowed for cartage or packages unless by special agreement. 5. OR ACCEPTABLE SUBSTITUTION: Even though a particular manufacturers name or brand is specified, bids will be considered on other brands or on the product of other manufacturers. On all such bids the bidder shall indicate clearly the product (brand and model number) on which he/she is bidding, and shall supply a sample or sufficient data in detail to enable an informed comparison to be made with the particular brand or manufacturer specified. All samples shall be submitted in accordance with procedures outlined in paragraph on SAMPLES. Catalog cuts and technical descriptive data shall be attached to the original copy of the bid where applicable. Failure to submit the above information may be sufficient grounds for rejection of bid. 6. DEVIATIONS FROM SPECIFICATIONS: In addition to the requirements of paragraph 5, all deviations from the specifications must be noted in detail by the bidder, in writing, at the time of submittal of the formal bid. The absence of a written list of specification deviations at the time of submittal of the bid will hold the bidder strictly accountable to Duval County Public Schools to the specifications as written. Any deviation from the specifications as written not previously submitted, as required by the above, will be grounds for rejection of the material and or equipment when delivered. 7. DATA REQUIRED TO BE SUBMITTED WITH REFERENCE TO BID: a. Whenever the specifications indicate a product of a particular manufacture, model, or brand in the absence of any statement to the contrary by the bidder, the bid will be interpreted as being for the exact brand, model, or manufacture specified, together with all accessories, qualities, tolerances, composition, etc., enumerated in the detailed specifications. b. If no particular brand, model or make is specified, and if no data is required to be submitted with the bid, the successful contractor, after award and before manufacture or shipment, may be required to submit working drawings or detailed descriptive data sufficient to enable Duval County Public Schools to judge if each requirement of the specifications is being met. 8. SAMPLES: The samples submitted by bidders on items which they have received an award may be retained by Duval County Public Schools until the delivery of contracted items is completed and accepted. Bidders whose samples are retained may remove them after delivery is accepted. Sample on which bidders are unsuccessful must be removed as soon as possible after award has been made on the item or items for which the samples have been submitted. Duval County Public Schools will not be responsible for such samples if not removed by the bidder within 30 days after the award has been made. Duval County Public Schools reserves the right to consume any or all samples for testing purposes. Bidders shall make all arrangements for delivery of samples to place designated as well as the removal of samples. Cost of delivery and removal of samples shall be borne by the bidder. All sample packages shall be marked Sample for Purchasing Services and each sample shall bear the name of the bidder, item number, bid number and shall be carefully tagged or marked in a substantial manner. Failure to the bidder to clearly identify samples as indicated may be considered sufficient reason for rejection of bid. 9. PERFORMANCE BOND: The successful bidder on this bid must furnish a performance bond if indicated on the bid cover, made out to Duval County Public Schools, prepared on an approved form, as security for the faithful performance of his/her contract within ten days of his/her notification that his/her bid has been accepted. The surety thereon must be such surety company or companies as are authorized and licensed to transact business in the State of Florida. Attorneys in fact who sign bid bonds must file with each bond a certified copy of their power of attorney to sign said bonds. The successful bidder or bidders upon failure or refusal to furnish within ten days after his/her notification the required performance bond, shall pay to Duval County Public Schools as liquidated damages for each failure or refusal an amount in cash equal to the security deposited with his/her bid. 10. GUARANTEE: The contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished by him/her for a period of one year from date of acceptance of the items delivered and installed, unless otherwise specified herein. If, within the guarantee period, any defects or signs of deterioration are noted, which, in the opinion of Duval County Public Schools are due to faulty design and installation, workmanship, or materials, upon ratification, the contractor, at his/her expense, shall repair or adjust the equipment or parts to correct the condition, or he/she shall replace the part or entire unit to the complete satisfaction of Duval County Public Schools. These repairs, replacements or adjustments shall be made only at such times as will be designated by Duval County Public Schools as least detrimental to the operation of Duval County Public Schools business. 11. DISCOUNTS: all discounts to be included in bid price. 12. COLLUSION: the bidder, by affixing his/her signature to this proposal, agrees to the following: bidder certifies that this bid is made without any previous understanding, agreement or connection with any person, firm, or corporation making a bid for the same items; and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. 13. ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids; failure to do so will be at the bidders own risk and he/she cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors either of omission or commission on the part of bidders. In case of error in extension of prices in the bid, the unit price shall govern. 14. All bid responses are to be submitted in typewritten form or submitted in ink. Responses received in pencil will not be accepted. 15. LOCAL PREFERENCE: When the lowest bid for printing services or for personal property is submitted by a firm whose principal place of business is outside of the State of Florida, a minimum five percent (5%) preference shall be given to bids submitted by firms whose principal place of business is within the State of Florida. If the state or political subdivision within which the out-of-state firm has its principal place of business maintains a local preference, the preference given to bidders from the State of Florida shall be of an equal percentage. Bid No. ITB-021-22-LN CONFLICT OF INTEREST CERTIFICATE Bidder must execute either Section I or Section II hereunder relative to Florida Statute 112.313(12). Failure to execute either section may result in rejection of this bid proposal. SECTION I I hereby certify that no official or employee of Duval County Public Schools requiring the goods or services described in these specifications has a material financial interest in this company. ________________________________ ________________________________ Signature Company Name ________________________________ ________________________________ Name of Official (Type or print) Business Address ________________________________ City, State, Zip Code SECTION II I hereby certify that the following named Duval County Public Schools official(s) and employee(s) having material financial interest(s) (in excess of 5%) in this company have filed Conflict of Interest Statements with the Supervisor of Elections, 105 East Monroe Street, Jacksonville, Duval County, Florida, prior to bid opening. Name Title or Position Date of Filing ___________________________ ______________________ ___________________ ___________________________ ______________________ ___________________ _________________________________ ________________________________ Signature Company Name _________________________________ ________________________________ Print Name of Certifying Official Business Address ________________________________ City, State, Zip Code SUBMISSION OF BIDS Bids must be submitted prior to the time set for opening. Bids are to be delivered to Duval County Public Schools, Purchasing Services, 1701 Prudential Dr., Suite 322, Jacksonville, Florida 32207. Bidders are fully responsible for delivery of bids. Reliance upon mail or public carrier is at the bidders risk. For bids delivered in person, it is the responsibility of the deliverer to obtain a delivery receipt from the Purchasing Services staff person who has received the bid. Late bids are not considered and will be returned unopened. Official time for the purpose of bid opening, will be calibrated using http://www.timeanddate.com/worldclock/results.html?query=jacksonville. ********* NOTE ********* Bid documents shall be submitted in a sealed envelope clearly marked with the bid number as found on the Bidder Acknowledgement page, opening date and time. Failure to do so will result in your bid being returned unopened. Faxed or e-mailed bids will not be accepted. BID OPENING PROCEDURES Bids will be opened publicly in the Conference Room at 2:00 p.m. Prices will be read upon the request of bidder(s) in attendance. Pricing read during bid opening, is for informational purposes only. Prices will be verified during the bid evaluation process. Arrangements may be made to review bid documents at a later date. AWARD RECOMMENDATION AND BID TABULATION For Award Recommendation, refer to Special Condition titled Posting of Bid Recommendation. Bid Tabulation will be posted on the web after contract award has been made. www.duvalschools.org/purchasing or www.demandstar.com Bid results or award recommendations will not be given by telephone. POSTING OF BID TABULATIONS Bid tabulations will be posted at Duval County Public Schools, Purchasing Services Department, 1701 Prudential Dr., Suite 322, Jacksonville, FL 32207. Awarded vendors will receive an official Notification of Award letter after the Board has taken action. http://www.timeanddate.com/worldclock/results.html?query=jacksonville http://www.duvalschools.org/purchasing http://www.demandstar.com/ DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 1) Published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Informed employees about the dangers of drug abuse in the workplace, the businesss policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Imposed a sanction on or required the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employees community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I understand that false certification of a drug-free workplace is a violation of Florida Statutes 287.087. _________________________________________ VENDORS SIGNATURE/DATE _________________________________________ COMPANY NAME Lower Tier Debarment Certification (Computer generated facsimile, Version 2, 6/98 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transactions with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. CERTIFICATION (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ITB-021-22-LN Organization Name PR/Award or Project Name Name Title Signature Date AUTHORITY TO RESOLVE PROTESTED SOLICITATIONS AND AWARDS 1) Any actual or prospective bidder, proposer or contractor who is aggrieved in connection with the solicitation or award of a contract may file a protest and shall deliver its written notice of protest to the Chief Officer, Operations Support, or designee (hereinafter Hearing Officer) immediately, but no later than two (2) working days after bid opening or after recommendation of award, if not to the apparent low bidder, or as set forth in paragraph 9 infra, which will initiate the 48-hour notice requirement. The written protest with documentation shall be delivered to the Hearing Officer no later than 2 p.m. on the 4th calendar day immediately following the bid opening or receipt of notice of intent to award recommendation as is appropriate. If that day is a School Board non-workday, the protest shall be delivered no later than 9 a.m. the next Duval County School Board (DCSB) work day. Protests shall be presented with specificity, and every issue shall be fully documented. 2) The legal basis for any relief sought must be clearly identified and explained in the written notice of protest. 3) The Hearing Officer shall call a meeting and hear all protests and receive all evidence within a reasonable time. This does not preclude the Hearing Officer from calling a special meeting or granting a continuance under extraordinary circumstances. 4) All bidders or offerors shall receive notice of any protest hearing and a copy of the protest document. Attachments shall be available upon request. 5) The Florida Rules of Civil Procedure may be relaxed at the sole discretion of the Hearing Officer presiding at any protest hearing. 6) The Hearing Officer shall issue his/her decision within five (5) working days of the completion of the protest hearing. 7) The Hearing Officers decision shall result in a final order which may include findings and conclusions. The decision of the Hearing Officer shall be final. 8) The DCSB does not encourage the use of faxes to accomplish delivery of the notice of protest and the protest itself. Any bidder or offeror utilizing delivery by fax shall assume the risk associated with incomplete delivery or nonreceipt. 9) Any protest specification objection shall be generally treated as set forth in paragraph 1 supra. The operative date for the notice requirement shall be the date the specifications were obtained by the prospective bidder or offeror but no later than 10 days prior to the date of bid opening or proposal due date. BID No. ITB-021-22-LN TREE TRIMMING AND REMOVAL Opening Date: January 20, 2022 NO-BID FORM If your firm cannot submit a bid at this time, please provide the information requested in the space provided below and return it to (or fax it to 904-858-4868): Duval County Public Schools Purchasing Services 1701 Prudential Dr., Suite 322 Jacksonville, Florida 32207 We are unable to submit a bid at this time due to the following reason(s): Name of Firm: Signature and Title: Street Address or P.O. Box: City, State, Zip Code: RETURN THIS FORM ONLY. DO NOT RETURN BID PACKAGE. SC 1 SPECIAL CONDITIONS 1. PURPOSE: This bid is to establish firm prices and a source(s) to provide routine tree trimming and removal and emergency tree trimming and removal for the Duval County Public Schools (DCPS) for the period from Date of Award through March 31, 2023. 2. RENEWAL: Upon written mutual agreement between Contractor(s) and DCPS, contract may be renewed at anniversary date for five (5) additional one year periods, subject to the same provisions, terms, conditions and specifications as originally awarded plus any additional approved contract modifications. 3. AWARD: The award will be all or none by group. It is the intent of the DCPS to award two separate contracts, one for routine tree trimming and removal and one for emergency tree trimming and removal. Contracts for routine and emergency tree service may be awarded to a PRIMARY contractor, a SECONDARY contractor and a TERTIARY contractor for routine tree trimming and removal and emergency tree trimming and removal. The lowest responsive and responsible bidder of each category will be the PRIMARY contractor and ALL requirements for service will be directed to them first. The second lowest responsive and responsible bidder will be the SECONDARY contractor. The third lowest responsive and responsible bidder with be the TERTIARY contractor. In the event that the PRIMARY contractor cannot respond to a requirement within one day, DCPS reserves the right to direct the work to the SECONDARY contractor. In the event that the SECONDARY contractor cannot respond to a requirement within one day, DCPS reserves the right to direct the work to the TERTIARY contractor The TERTIARY contractor will be contacted if neither the PRIMARY nor the SECONDARY contractor can respond to a requirement within two days. If none of the awarded contractors can fulfill the requirement, DCPS reserves the right to revert to the open market to obtain necessary services. Within one week after receipt of notification of award, the successful bidder(s) shall meet with the Director (or his designee), Grounds and Athletic Field Maintenance Department to discuss specific job procedures, performance expectations and scheduling. For purposes of evaluation, this form will be interpreted as follows: Unit price: Unit price should be numeric. Unit prices left blank will be deemed as no bid, and a unit price of $0 will be deemed included at no charge. Failure to respond as requested may result in rejection of item(s) as non-responsive. 4. BID EVALUATION PROCESS: Bids are initially reviewed for determination of compliance with submittal requirements as found in the bid instructions. Those bids that are non-compliant are removed from consideration and are not included on the bid tabulation. Examples of non-compliant bids are: bids that do not bear the signature of an individual authorized to obligate on behalf of the company; bids submitted with line items corrected by the use of correction fluid (only the corrected items are considered non-compliant); bids submitted with line items that are correct but not initialed by the originator (only the corrected items are considered non-compliant); any bid submitted that contains a material deviation from the bid submittal instructions. Tabulated bids are then evaluated on the basis of price. The lowest price bid will be evaluated to determine responsiveness. If the bid is responsive, it will be recommended for PRIMARY award. If the bid is not responsive, it will not be recommended for award and the next lowest price bid will be evaluated to determine responsiveness. This process will continue in succession until the lowest responsive bid is evaluated and is recommended for award. This process is completed for SECONDARY and TERTIARY bid. Tie bids are decided by tie breaking procedures outlined in Purchasing policy. PURCHASES: Award does not constitute an order. Before any services are rendered, the vendor must receive SC 2 a DCPS Purchase Order, an internal accounts Purchase Order or a Procurement Card Authorization. 5. POSTING OF BID RECOMMENDATION: Recommendation for Award will be posted in Purchasing Services on or about February 2, 2022 and will remain posted for 72 consecutive hours. For exact date and time, please contact the buyer named below. 6. QUESTIONS: Any questions and/or request for additional information should be directed to Lucy Nasworthy in Purchasing Services, via email at nasworthyl@duvalschools.org placing this bid number (ITB-021-22-LN) in the subject header. Deadline for questions shall be 2:00 p.m. EST on January 5, 2022. Questions received after this date will not be answered. Interpretations or clarifications in response to such questions will be issued in the form of written addenda to all parties recorded by Purchasing Services as having received the Bid Documents. No verbal or written information obtained other than by information in this document or by written addendum to this bid will be binding on the DCPS. 7. EX PARTE COMMUNICATION: Ex parte communication regarding this solicitation, whether verbal or written, by any potential respondent or representative of any potential respondent to this ITB with DCPS personnel involved with or related to this ITB, other than as expressly designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the respondents bid. Ex parte communication regarding this solicitation, whether verbal or written, by any potential respondent or representative of any potential respondent to this ITB with Board members is also prohibited and will result in the disqualification of the bidder. Notwithstanding the foregoing, communications are permissible by this Section when such communications with a prospective respondent are necessary for, and solely related to, the ordinal course of business concerning the DCPSS existing contract(s) for the materials or services addressed in this ITB. 8.. PRICING: Escalation Provision: At each renewal of the contract, DCPS will consider an increase due to inflation provided the proposed price increase does not exceed the lesser of 3% or the rate of inflation as determined by the Consumer Price Index (CPI) for urban wage earners and clerical workers, U.S. city average, all items (1982- 84=100), published by the U.S. Bureau of Labor Statistics, or any successor or substitute index appropriately adjusted for the prior 12 month period using the first-published CPI for the month immediately preceding the month of the contract renewal request. The contractor must request the increase in writing prior to the renewal of the contract. 9. LINE ITEM BIDS AND CORRECTIONS: All prices submitted on the Bid Proposal Form shall be indelible. The use of correction fluid or erasures to correct line item bid prices and/or quantities are not acceptable. Corrections must be by lineout of the incorrect figures, writing in of correct figures, and initialing of the corrections by the originator. Correction fluid or erasure corrected bids will be considered non-responsive for the corrected item(s) only. 10. UNITS OF MEASURE AND LOT SIZES: The item unit of measure shall be as indicated on the Bid Proposal Form. If manufacturers standard packaging is different than the quantity listed, it shall be the vendors responsibility to convert the bid price to the requested unit of measure. Bids received for items that have not been converted to the requested units of measure shall be considered non-responsive. Additionally, bidders must indicate the units of measure they are able to supply. 11. QUANTITIES: The items listed in this solicitation will be ordered on an AS NEEDED basis by the Duval County School System. No firm statement of quantity, totally or individually, can be made. The column headed ESTIMATED QUANTITY is for information only and does not bind the Duval County School Board to make any purchases under items of this bid. Estimated quantities are based on prior bids usage. 12. DELIVERY: F.O.B. Destination. Delivery will be made in accordance bid specifications. The Buyer must approve all exceptions. When reasonable, exceptions will be granted. However, if it will cause an emergency situation, DCPS will have the option to cancel that purchase order and procure services elsewhere. mailto:nasworthyl@duvalschools.org SC 3 Failure to deliver in accordance with the above instructions may result in the bidder being disqualified from conducting business with DCPS. 13. LABOR AND MATERIAL: The contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the work. 14. PERSONNEL CONDUCT: All individuals performing services under this contract shall adhere to DCPS rules and regulations regarding appropriate attire, prohibition of smoking, usage of proper language, prohibition of use and possession of controlled substances and alcoholic beverages, prohibition, of the possession of firearms, either on their person or in their personal vehicles and any other restrictions or prohibitions as may apply. a) Radios and other portable music playing equipment will not be allowed on any DCPS sites. Additionally, all individuals will adhere to and comply with the requirements as set forth in this document. b) The Contractor shall notify department or school office personnel and follow customary check-in procedures when they are physically on-site at any DCPS facility. Once checking in, they will request to have any vehicles moved that may impede the lawn service or give vehicle owners the opportunity to relocate their vehicle, if they so desire. c) All contractor personnel are required to wear clothing identifying contractor by either name or logo, and to have in their possession and present upon request, by DCPS personnel, a form of picture identification (i.e. - drivers license, ID card) AND a DCPS current Vendor Badge. d) Failure of Contractor's personnel to adhere to DCPS rules and regulations described herein will result in removal of the individual(s) from the job site. 15. SAFETY: The Bidder shall take all reasonable precautions for the safety of people and property and shall provide all reasonable protection to prevent damage, injury or loss to persons, students and employees of DCPS. The Bidder shall comply with all Occupational Safety and Health Administration (OSHA) regulations, as they are applicable. 16. CLEAN UP: The contractor at all times shall keep the premises free from accumulations of waste materials, debris or rubbish caused by their operations. At the completion of the work, the contractor shall remove all debris, waste materials and rubbish from and about the work site as well as tools, equipment, machinery and surplus materials. Use of school dumpsters is not permitted for disposal of contractor material. If the contractor fails to clean up at the completion of their service, DCPS may do so and the cost shall be charged to the contractor. Any costs caused by defective or ill-timed work shall be borne by the contractor. 17. DAMAGE: The contractor is responsible for any damage to DCPS facilities and/or property, including property belonging to members of the community that are visiting DCPS when services are provided. DCPS must approve any repair to any DCPS facility made by contractor or the contractors subcontractor. Any such damage must be reported to DCPS Ground and Athletic Fields Maintenance Department as soon as the damage is discovered by the contractor. If damage occurs during regular business hours, DCPS Grounds and Athletic Fields Maintenance Department shall be contacted immediately. If damage occurs outside of regular business hours, DCPS security shall be contacted immediately at 904-855-3319. The contractor shall be responsible for temporary, and ultimately, permanent repairs including but not limited to fences, structures, vehicles, windows, sod, irrigation, decor or plumbing pipes/fixtures or other DCPS or non-DCPS property. The contractor must not leave the damaged site unsecured. Contractor must remain on site until the site has been secured and/or accepted by authorized DCPS personnel. In the event a window is broken, if the contractor cannot make the repair in a timely manner, the DCPS Maintenance Department may make the necessary repairs and the cost of the repair will be deducted from the invoice for services from the contractor. If the window cannot be repaired immediately, the contractor will board up and secure the window and the cost of boarding and securing the window will be paid by the contractor. If SC 4 the DCPS Maintenance Department has to board up and secure the window, those services will be deducted from the invoice for services from the contractor. The contractor shall be responsible for correction/replacement, according to local codes and DCPS's satisfaction of all water lines, sanitary lines, electrical lines, curbs, sidewalks, streets, parking lots, grassed areas, windows, etc., broken or damaged as the result of contractor's operations. Damage to property and/or improvements by the contractor's equipment or personnel during the course of contractual duties will be repaired or replaced at the contractor's expense. The DCPS Grounds and Athletic Fields Maintenance Department shall be notified of damaged plant materials and irrigation equipment resulting from regular lawn service, vehicular equipment or storm damage and vandalism. 18. EMERGENCIES: In any emergency affecting the safety of persons and property, the contractor shall act immediately to prevent threatened damage, injury or loss. Any such emergency must be reported to DCPS not later than twenty-four (24) hours from the time that the emergency is discovered by the contractor. Contractors are to provide emergency tree services on a 24-hour, 7 days per week basis. Upon receiving a service call from a DCPS authorized representative, the Contractor shall respond within 2 hours and commence work within 24 hours for emergency tree services and the work to be completed within three (3) working days 19. PERMITS, FEES, and NOTICES: The contractor shall secure and pay for permits when required and governmental fees, licenses and inspections necessary for the proper execution and completion of the work. The contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. If the contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations without such notice to DCPS, shall assume full responsibility therefore and shall bear all costs attributable thereto. 20. INSURANCE: A. Description of the VENDOR/CONTRACTOR Required Insurance. Without limiting any of the other obligations or liabilities of the VENDOR/CONTRACTOR, the VENDOR/CONTRACTOR shall, at the VENDOR/CONTRACTORs sole expense, procure, maintain and keep in force the amounts and types of insurance conforming to the minimum requirements set forth herein. Except as may be otherwise expressly specified in this Exhibit, the insurance shall commence at or prior to the execution of this Agreement by DCPS and shall be maintained in force throughout the term of this Agreement. 1. Workers Compensation/Employers Liability. The Workers Compensation/Employers Liability insurance provided by the VENDOR/CONTRACTOR shall conform to the requirements set forth herein. (a) The VENDOR/CONTRACTORs insurance shall cover the VENDOR/CONTRACTOR (and to the extent its Subcontractors and Sub-subcontractors are not otherwise insured, its Subcontractors and Sub- subcontractors) for those sources of liability which would be covered by the latest edition of the standard Workers Compensation policy, as filed for use in the State of Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03), those which are required by the State of Florida, or any restrictive NCCI endorsements which, under an NCCI filing, must be attached to the policy (i.e., mandatory endorsements). In addition to coverage for the Florida Workers Compensation Act, where appropriate, coverage is to be included for the Federal Employers Liability Act and any other applicable federal or state law. (b) The policy must be endorsed to waive the insurers right to subrogate against DCPS, and its members, officials, officers and employees in the manner which would result from the attachment of the NCCI Waiver Of Our Right To Recover From Others Endorsement (Advisory Form WC 00 03 13) with DCPS, and its members, officials, officers and employees scheduled thereon. (c) Subject to the restrictions of coverage found in the standard Workers Compensation policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers Compensation Act or any other coverage customarily insured under Part One of the standard Workers Compensation policy. The minimum amount of coverage for those coverages customarily insured under SC 5 Part Two of the standard Workers Compensation policy (inclusive of any amounts provided by an umbrella or excess policy) shall not be less than: $1,000,000 Each Accident $1,000,000 Disease - Each Employee $1,000,000 Disease - Policy Limit 2. Commercial General Liability. The Commercial General Liability insurance provided by the VENDOR/CONTRACTOR shall conform to the requirements hereinafter set forth: (a) The VENDOR/CONTRACTORs insurance shall cover those sources of liability which would be covered by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office (ISO) without any restrictive endorsements other than those which are required by the State of Florida, or those which, under an ISO filing, must be attached to the policy (i.e., mandatory endorsements) and those described below which would apply to the Services contemplated under this Agreement. The coverage may not exclude restrictive endorsements which exclude coverage for liability arising out of: Sexual molestation, Sexual abuse or Sexual misconduct. The coverage may include restrictive endorsements which exclude coverage for liability arising out of: Mold, fungus, or bacteria Terrorism Silica, asbestos or lead. (b) The minimum limits to be maintained by the VENDOR/CONTRACTOR (inclusive of any amounts provided by an umbrella or excess policy) shall not be less than: $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence (c) The VENDOR/CONTRACTOR shall include DCPS and DCPSs members, officials, officers and employees as additional insureds on the Commercial General Liability coverage. The coverage afforded such additional insureds shall be no more restrictive than that which would be afforded by adding DCPS and DCPSs members, officials, officers and employees as additional insureds on the latest edition of the Additional Insured Owners, Lessees or Contractors - Scheduled Person or Organization endorsement (ISO Form CG 20 10) filed for use in the State of Florida by the Insurance Services Office. (d) Except with respect to coverage for property damage liability, or as otherwise specifically authorized in this Agreement, the general liability coverage shall apply on a first dollar basis without application of any deductible or self-insured retention. The coverage for property damage liability shall be subject to a maximum deductible of $1,500 per occurrence. The VENDOR/CONTRACTOR shall pay on behalf of DCPS or DCPSs member, official, officer or employee any such deductible or self-insured retention applicable to a claim against DCPS or DCPSs member, official, officer or employee for which the DCPS or DCPSs member, official, officer or employee is insured as an additional insured. 3. Business Auto Liability. The automobile liability insurance provided by the VENDOR/CONTRACTOR shall conform to the requirements hereinafter set forth: (a) The VENDOR/CONTRACTORs insurance shall cover the VENDOR/CONTRACTOR for those sources of liability which would be covered by Section II of the latest occurrence edition of the standard Business Auto Coverage Form (ISO Form CA 00 01) as filed for use in the State of Florida by ISO without any restrictive endorsements other than those which are required by the State of Florida, or those which, under an ISO filing, must be attached to the policy (i.e., mandatory endorsements). Coverage shall include all owned, non-owned and hired autos used in connection with this Agreement. (b) DCPS and DCPSs members, officials, officers and employees shall be included as additional insureds in a manner no more restrictive than that which would be afforded by designating DCPS and DCPSs SC 6 members, officials, officers and employees as additional insureds on the latest edition of the ISO Designated Insured (ISO Form CA 20 48) endorsement. (c) The minimum limits to be maintained by the VENDOR/CONTRACTOR (inclusive of any amounts provided by an umbrella or excess policy) shall not be less than: $1,000,000 Each Occurrence - Bodily Injury and Property Damage Combined B. Evidence of Insurance. Except as may be otherwise expressly specified in this Exhibit, the insurance shall commence at or prior to the execution of this Agreement by DCPS and shall be maintained in force throughout the term of this Agreement. The VENDOR/CONTRACTOR shall provide evidence of such insurance in the following manner: 1. As evidence of compliance with the required Workers Compensation/Employers Liability, Commercial General Liability, Business Auto Liability, and Professional Liability, the VENDOR/CONTRACTOR shall furnish DCPS with a fully completed satisfactory Certificate of Insurance such as a standard ACORD Certificate of Liability Insurance (ACORD Form 25) or other evidence satisfactory to DCPS, signed by an authorized representative of the insurer(s) providing the coverage. The Certificate of Insurance, or other evidence, shall verify that Workers Compensation/Employers Liability contains a waiver of subrogation in favor of DCPS, identify this Agreement, and provide that DCPS shall be given no less than thirty (30) days written notice prior to cancellation. 2. As evidence of the required Additional Insured status for DCPS on the Commercial General Liability insurance, the VENDOR/CONTRACTOR shall furnish DCPS with: (a) a fully completed satisfactory Certificate of Insurance, and a copy of the actual additional insured endorsement as issued on the policy, signed by an authorized representative of the insurer(s) verifying inclusion of DCPS and DCPSs members, officials, officers and employees as Additional Insureds in the Commercial General Liability coverage; or (b) the original of the policy(ies). 3. Until such time as the insurance is no longer required to be maintained by the VENDOR/CONTRACTOR as set forth in this Agreement, the VENDOR/CONTRACTOR shall provide DCPS with renewal or replacement evidence of the insurance in the manner heretofore described no less than thirty (30) days before the expiration or termination of the insurance for which previous evidence of insurance has been provided. 4. Notwithstanding the prior submission of a Certificate of Insurance, copy of endorsement, or other evidence initially acceptable to DCPS, if requested by DCPS, the VENDOR/CONTRACTOR shall, within thirty (30) days after receipt of a written request from DCPS, provide DCPS with a certified copy or certified copies of the policy or policies providing the coverage required by this Section. The VENDOR/CONTRACTOR may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required under this Agreement. C. Qualification of the VENDOR/CONTRACTORs Insurers 1. Insurers providing the insurance required by this Agreement for the VENDOR/CONTRACTORs must either be: (1) authorized by a subsisting certificate of authority issued by the State of Florida to transact insurance in the State of Florida, or (2) except with respect to coverage for the liability imposed by the Florida Workers Compensation Act, an eligible surplus lines insurer under Florida Statutes. 2. In addition, each such insurer shall have and maintain throughout the period for which coverage is required, a Bests Rating of A- or better and a Financial Size Category of VII or better according to A. M. Best Company. 3. If, during the period when an insurer is providing the insurance required by this Agreement, an insurer shall SC 7 fail to comply with the foregoing minimum requirements, as soon as the VENDOR/CONTRACTOR has knowledge of any such failure, the VENDOR/CONTRACTOR shall immediately notify DCPS and immediately replace the insurance provided by the insurer with an insurer meeting these requirements. Until the VENDOR/CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to DCPS, the VENDOR/CONTRACTOR shall be in default of this Agreement. D. The VENDOR/CONTRACTORs Insurance Primary and Non-Contributory. The insurance provided by the VENDOR/CONTRACTOR pursuant to this Agreement shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by DCPS or DCPSs member, official, officer or employee. E. The VENDOR/CONTRACTORs Insurance As Additional Remedy. Compliance with the insurance requirements of this Agreement shall not limit the liability of the VENDOR/CONTRACTOR, or its Subcontractors or Sub-subcontractors, employees or agents to DCPS or others. Any remedy provided to DCPS or DCPSs members, officials, officers or employees by the insurance shall be in addition to and not in lieu of any other remedy available under this Agreement or otherwise. F. No Waiver by DCPS Approval/Disapproval. Neither approval by DCPS nor failure to disapprove the insurance furnished by the VENDOR/CONTRACTOR shall relieve the VENDOR/CONTRACTOR of the VENDOR/CONTRACTORs full responsibility to provide the insurance as required by this Agreement. NOTICE: Proof of the above required insurances must be provided by the VENDOR/CONTRACTOR prior to award by DCPS. Failure to provide the required proof of insurances may result in recommendation for award to an alternate VENDOR/CONTRACTOR. 21. COMMUNICATIONS: The successful bidder shall forward all communications and invoices to DCPS through: Grounds and Athletic Fields Maintenance Department 2797 Heywood Dowling Drive Jacksonville, FL 32204 Phone: (904) 381-3995 Daily communication shall be communicated via phone or electronic mail. In the event that the provided primary means of communications, company phone number, electronic mail or fax, is malfunctioning, the Grounds and Athletic Fields Maintenance Department shall be notified immediately. 22. USE OF SITE: The Bidder shall confine operations at the site to areas permitted by law, ordinances, permits and the contract documents and shall not unreasonably encumber the site with any materials or equipment. 23. SMOKING AND TOBACCO PRODUCTS: Smoking and use of tobacco products are prohibited on school property, including all buildings and grounds. 24. ATTIRE: Proper attire shall be worn at all times. a. Shirts shall be worn while on school property at all times. (No tank tops or undershirts will be permitted). b. Clothing displaying nudity, obscene language, obscene symbols or pro-drug slogans is prohibited. c. Proper shoes to ensure the individual's safety shall be worn at all times. 25. FRATERNIZATION: Contractor personnel shall not fraternize with school staff or students 26. FAMILIARITY WITH LAWS: The Bidder is required to be familiar with all Federal, State and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the bidder will in no way relieve him/her from responsibility for compliance with their requirements. SC 8 27. JESSICA LUNSFORD ACT (when applicable): At their own expense, firms shall comply and be responsible for the costs associated with the Jessica Lunsford Act, which became effective on September 1, 2005. The Act states that contractual personnel who are permitted access to school grounds when students are present or who have direct contact with students must meet Level 2 requirements as described in Section 1012.32, F.S. Contractual personnel shall include any vendor, individual or entity under contract with the DCPS. (Additional information is available at http://www.fldoe.org/teaching/professional-practices/background-screening- requirements.stml. By submittal of a bid or proposal, each firm acknowledges and accepts this responsibility including all associated costs. Contractor shall submit a list of employee names and DCPS Vendor badge expiration dates monthly as part of the invoice package. All employees performing service under this bid must have a DCPS Vendor badge and it must be on their person or service vehicle while on site. If an employee does not have a DCPS vendor badge, they will not be permitted on school property. If an employee has a DCPS Vendor badge but it is not on their person or on-site service vehicle, they will not be permitted on school property. 28. FEDERAL FUNDS: The bidder certifies by submission of their bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. When requested, the bidder/contractor will execute and deliver to the DCPS the appropriate federal debarment certification form within three (3) business days. 29. ASSIGNMENT OF CONTRACT AND/OR PAYMENT: This contract or agreement is personal to the parties herein and may not be assigned, in whole or in part, by the contractor without prior written consent of DCPS. The contractor shall not assign payments under this contract or agreement without the prior written consent of DCPS. 30. METHOD OF PAYMENT: Payments to vendors may be made via credit card, ACH or check. If ACH or credit card payment is acceptable, initial the designated space(s) on the Bidder Acknowledgement under Form of Payment accepted. By doing so you are authorizing this form of payment on all future invoices whether or not they are related to this solicitation. The Bidder will, after providing tree trimming or tree removal service to a schools, submit an invoice. The invoice must clearly indicate the DCPS purchase order number. 31. PAYMENT TERMS: Payments will be made in accordance with Florida Statutes 218.174, also known as the Local Government Prompt Payment Act. 32. AVAILABILITY OF FUNDS: The obligations of Duval County Public Schools under this award are subject to the availability of funds lawfully appropriated annually for its purposes by the Legislature of the State of Florida. 33. MOST FAVORED CUSTOMER STATUS: The awarded vendor shall afford Duval County Public Schools most favored customer status for all items herein. Accordingly, if during the term of this contract, the contractor offers more favorable promotional or contract pricing to another entity for the same specification with similar quantities and conditions, the price under this contract shall be immediately reduced to the lower price. Additionally, if a current State of Florida contract contains more favorable pricing for the same specification with similar quantities and conditions, the contractor will be afforded an opportunity to adjust its contract price to match that of the State of Florida contract. Should the contractor decline, DCPS reserves the right to purchase the item(s) from the State of Florida contract. 34. AUDIT / RECORDS RETENTION: DCPS shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Contract (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Contractor, including, but not limited to those kept by Contractor, its employees, agents, assigns, successors and subcontractors. Contractor shall maintain such http://www.fldoe.org/teaching/professional-practices/background-screening-requirements.stml http://www.fldoe.org/teaching/professional-practices/background-screening-requirements.stml SC 9 books and records, together with such supporting or underlying documents and materials, for the duration of this Contract and for at least three years following the completion of this Contract, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to DCPS, through its employees, agents, representatives, contractors or other designees, during normal business hours at Contractors office or place of business. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Jacksonville, Florida, which is convenient for DCPS. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which DCPS may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are expressed or implied. 35. DISQUALIFICATION OF BIDDER: More than one bid/proposal from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a bidder is involved in more than one bid/proposal for the same work will be cause for rejection of all bids/proposals in which such bidders are believed to be involved. Any or all bids/proposals will be rejected if there is reason to believe that collusion exists between bidders. Bids/proposals in which the prices obviously are unbalanced will be subject to rejection. 36. PUBLIC ENTITY CRIMES AFFIDAVIT: 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 with public entity 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, supplier, subcontractor, or consultant under a 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 37. UNILATERAL CANCELLATION OF CONTRACTS: Any agreement resulting from this Invitation to Bid may be unilaterally canceled by Duval County Public Schools for refusal of contractor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with the agreement. 38. CANCELLATION: The Director of Purchasing, by written notice, may cancel, in whole or in part, any Contract/Purchase Order(s) resulting from this Invitation when such action is in the best interest of Duval County Public Schools. If Contract/Purchase Order(s) is so canceled, Duval County Public Schools shall be liable only for payment for services rendered prior to the effective date of cancellation. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 39. FORCE MAJEURE: Whenever a vendors place of business, mode of delivery or source of supply has been disrupted by acts of government, God, civic commotion, or war, it shall be the responsibility of the vendor to promptly advise the Director of Purchasing Services, in writing, as to the extent of this disruption and its probable effect upon this contract. If, in the opinion of DCPS, the disruption presented is commensurate with the conditions established herein, DCPS may elect to modify delivery/service timelines, renegotiate the contract in whole or in part, or cancel any open orders in accordance with Special Condition 38. The vendor will be given written notification of all decisions made. While the decision of DCPS shall be final, the goal will be a solution that is mutually beneficial. 40. PURCHASES BY OTHER PUBLIC ENTITIES: Purchases by other political subdivisions or public entities under any contract resulting from this solicitation are permissible upon the consent and agreement of the awarded vendor(s). SC 10 41. TRANSITION ASSISTANCE: In the event the resulting agreement is terminated, not renewed or naturally expires, the Contracted Firm agrees that the DCPS may provide written notice to the Contracted Firm retaining the Contracted Firm for a month-to-month basis on the same terms and conditions set forth in the agreement. Such month-to-month services shall continue until the DCPS has established a replacement Landscape Maintenance Agreement. In any event, these services will not be required to continue for a period of time exceeding six (6) months. 42. PUBLIC RECORD: Pursuant to Section 119.071(1)(b)2., Florida Statutes, bids received as a result of this ITB will not become public record until thirty (30) days after the date of opening or until posting of a recommendation for award, whichever occurs first. Thereafter, all documents or other materials submitted by all Respondents in response to this offering shall be open for inspection by any person and in accordance with Chapter 119, Florida Statutes, unless otherwise exempt under Florida law. It shall be the sole responsibility of the awarded Contractor to comply with all requirements of Chapter 119 regarding public records (whether documents, notes, letters, emails, or other records) received or generated in relationship to the Agreement awarded by the District. The Agreement shall be subject to Floridas Public Records Laws, Chapter 119, Florida Statutes. Contractor understands the broad nature of these laws and agrees to comply with Floridas public records laws and laws relating to records retention. In compliance with section 119.0701, Florida Statutes, Contractor agrees to: A. Keep and maintain public records required by the District in order to perform the service. B. Upon request from the Districts custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in the Chapter 119, Florida Statues or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the District. D. Upon completion of the Agreement, transfer, at no cost, to the District all public records in possession of Contractor or keep and maintain public records required by the District to perform the service. If Contractor transfers all public records to the District upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request of the Districts custodian of public records, in a format that is compatible with the information technology systems of the District. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (THE DISTRICTS CONTRACT ADMINISTRATOR). THE DISTRICTS CONTACT IS: Ray de Lugo SC 11 2797 Heywood Dowling Drive Jacksonville, FL 32204 Ph: 904-904-381-3995 delugor@duvalschools.org To the extent a proposer asserts any portion of its proposal is exempt or confidential from disclosure under Florida's public records, the burden shall be on the proposer to obtain a protective order from a jurisdictional court protecting such information from disclosure under Florida's public records laws and also timely provide a certified copy of such protective order to the District prior to the District's release of such information into the public domain. It is not contemplated that any portion of a Proposal will be exempt or confidential from disclosure pursuant to Chapter 119, Florida Statutes. 43. OPENING OF QUOTES: The Florida Public Records Act 119.071 (1) (b), Florida Statues., exempts sealed quotes from inspection and copying until such time as the DCPS provides notice of an intended decision pursuant to 120.57(3)(a), Fla. Stat., or until 30 days after opening of quotes, whichever is earlier. This exemption is not waived by the public opening of quotes. 44. EMPLOYMENT ELIGIBILITY: Pursuant to the provisions of section 448.095, Florida Statutes, the parties agree to the following. For purpose of this section, the term contract includes this Agreement and any contract between the Contractor and any of Contractors subcontractor(s): (a) Beginning January 1, 2021, the District, the Contractor, and any of Contractors subcontractor(s) shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The District, the Contractor, and any of Contractors subcontractor(s) may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (b) 1. If the Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 2. The Contractor shall maintain a copy of such affidavit for the duration of the contract. (c) 1. The District, the Contractor, or any of the Contractors subcontractors who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1), Florida Statutes, shall terminate the contract with the person or entity. 2. If the District has a good faith belief that a subcontractor knowingly violated this subsection, but the Contractor otherwise complied with this subsection, then the District shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. 3. A contract terminated under subparagraph 1. or subparagraph 2. is not a breach of contract and may not be considered as such. (d) The District, Contractor, or any of Contractors subcontractor(s) may file an action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract was terminated. (e) If the District terminates the Agreement with Contractor under paragraph (c), the Contractor may not be awarded a public contract for at least 1 year after the date on which the Agreement was terminated. (f) The Contractor is liable for any additional costs incurred by the District as a result of the termination of a contract. mailto:delugor@duvalschools.org SP 1 SPECIFICATIONS TREE TRIMMING AND REMOVAL 1. SCOPE OF WORK a. The Contractor shall furnish adequate labor crew, equipment, machinery and tools to safely and efficiently complete assigned routine and emergency tree trimming and removal projects as directed by DCPS Grounds Project Manager or his/her designee. b. The Contractor must designate an individual as the crew supervisor and who shall be responsible for the crews activities to accomplish the assigned work. Should the supervisor be unsatisfactory or non- responsive in the determination of DCPS Grounds Project Manager, the DCPS may request that another responsible party be designated, and his/her request will be granted. c. The Contractor shall perform all work in accordance with the latest government safety regulations, including but not limited to all Florida Department of Labor and Workforce performance & Federal OSHA regulations and suggested practices. All work shall be performed in accordance with ANSI Z 133.1 Pruning, Trimming, Repairing, Maintaining and Removing Trees and Cutting Brush Safety Requirements with special emphasis given to the requirement that only qualified line-clearing trimmers be assigned to work where a potential electrical hazard exists. d. Hazardous Tree Removal i. The trees to be trimmed or removed may or may not be marked with flagging tape on the trunk of the tree to be trimmed or removed. Only the designated hazardous trees shall be trimmed or removed, unless otherwise directed by the DCPS. ii. Ropes shall be used for lowering cut branches when necessary to prevent damage to trees, conductors, fences, cars and other property. No hangers shall be left in the trees after removal is completed iii. The contractor shall take all necessary precautions to eliminate damage to adjacent trees, shrubs, lawns, curbs, sidewalks, vehicles and other real or personal property. Any damage caused by the contractor, including, but not limited to, broken sidewalk, curb, rutted lawn, broken water shut-offs, wire damage, building damage, vehicle damage. street damage, etc., will be repaired or replaced in a timely manner to the DCPSs satisfaction and all costs paid by the contractor. iv. Trees shall be cut off as close to the ground as possible. In no case will the remaining stump be more than four (4) inches above the ground. Stumps shall be flush and level without pointed wood fibers projecting upward. e. Stumps and roots shall be mechanically ground down a minimum of twelve (12) inches below normal ground level. The stump grindings strewn on DCPS property, street or sidewalk shall be removed and placed as follows: i. In wooded areas, the contractor shall place the grindings in the stump hole and leave enough heaped over the stump hole to allow for settlement; and ii. In playground areas, the contractor shall remove all stump grindings from the area; and bring in dirt to fill holes. f. Wherever a tree (not scheduled to be removed) must be trimmed or pruned, the Contractor shall insure that such trimming and pruning is carried out in accordance with the provisions of ANSI A 300 Standard Practices for Tree, Shrub, and other Woods Plant Maintenance. g. The Contractor shall notify the DCPS and abutting property owners prior to commencement of work. The Contractor shall be responsible to obtain and document permission by abutters to perform work, which will impact privately owned trees, lawns, shrubs, etc. h. The Contactor shall make all necessary arrangements with any public and municipal utility (telephone, water, electricity, gas, cable, storm drains, etc.) that must be protected or relocated in order to SP 2 accomplish the work. If the Contractor should damage any equipment, the Contractor shall notify DCPS Grounds Project Manager, or his/her designee, and the Contractor shall notify the utility or department whose equipment has been damaged. i. The Contractor shall clean all debris from tree trimming, tree removal, ground clearing and stump removal operations each day before the work crew leaves the site, unless permission is given by DCPS Grounds Project Manager, or his/her designee, to do otherwise. All areas are to be left in a condition equal to, or better than, that which existed prior to commencement of tree removal or trimming operations. j. Any materials resulting from the trimming or removal of any trees shall become the responsibility of the Contractor. On a selected basis and with prior approval, the Contractor may dispose of said debris at the DCPS Grounds Department, 2797 Heyward Dowling Drive, Jacksonville, FL 32204. k. All contract awards and subsequent approved renewals are subject to the availability of funds. l. At the time of the bid opening, each bidder will be presumed to have read and be thoroughly familiar with the scope of work of this ITB. The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to their bid. m. There is no promise of any work assignment made by completing his/her bid. Work will be assigned on an as needed routine or emergency service based in accordance with DCPS needs. n. Bids prices shall be stated in terms of unit price per routine and emergency trimming or removal of the tree per the diameter size of the tree. The unit rate prices must include any and all equipment, material, labor, supervision, transportation and all other costs, fees or charges associated with cost necessary to provide tree removal, trimming and stump grinding services on DCPS maintained property and right of way (ROW). 2. CONTRACTOR REQUIREMENTS It is mandatory that the Contractor be able to meet the following requirements: a. The Contractor shall have been licensed as an operating tree trimming or tree removal business in the State of Florida and shall have five (5) years of successful experience for tree trimming and removal services. b. The Contractor must have been regularly and actively engaged in the tree trimming and removal business with a minimum of 5 years experience, operating under the same business name and business organization structure; and performing the type of work described above under SCOPE OF WORK from a fully staffed location that is located in North Florida. c. The Contractor must own or lease sufficient equipment (chain saws, aerial lift, wood chipper, crane, stump grinder, log trucks, chipper box truck, etc.) that is well maintained, mechanically sound, and in good/excellent operating condition to complete the tasks as described in a timely and efficient manner. The DCPS reserves the right to inspect the equipment. If the Contractor does not own sufficient equipment to provide backup services in the case of equipment breakdown, the DCPS reserves the right to use another available bidder, if necessary, to complete the work. d. Contractors are responsible to ensure that each of their vehicles and equipment are registered, inspected, operated, and insured in accordance with the motor vehicle laws of the State of Florida. e. The Contractor shall maintain a 24-hour, 7 days a week emergency response telephone number that is staffed by a person (24/7 cell phone is acceptable) and not an answering machine. (Passive answering machines are not acceptable). The Contractor shall provide a list of emergency off hours contact names and telephone numbers. This list will be updated as soon as when personnel change. SP 3 f. The Contractor shall carry the required amount of insurance as shown by the insurance requirements enclosed herewith. Certification of Insurance shall be provided to the DCPS Purchasing Department prior to commencement of work. Insurance shall remain in force during the full term of the contractual agreement and/or until work is completed and accepted by the DCPS, whichever is later. 3. GENERAL a. The Contractor must notify the DCPS Grounds Project Manager or his/her designee before a project is started and after the project is completed. For work to be performed to determine the exact scope of the task, site visits may be required. b. Time shall be of essence regarding performance of each and every portion of the contracted work either routine or emergency tree service. Work schedules approved by the DCPS shall be binding on the Contractor, except for reasonable delays due to weather, failure of the DCPS in the performance of any of its prerequisite obligations, or site related circumstances beyond the control of the Contractor. Extension of time resulting from such delays must be approved by the DCPS and may not be unreasonably withheld. c. The Contractor shall commence work in a timely manner and shall be required to continue with the work uninterrupted until complete. d. The Contractors contract with DCPS may be terminated for cause due to unsatisfactory performance, after written warning and an opportunity for the Contractor to correct deficient performance. 4. HOURS OF WORK It is intended that the Contractor shall accomplish the majority of work during normal business hours and on a straight-time basis. Work shall not be accomplished on an overtime basis unless prior approval has been obtained from DCPS Grounds Project Manager, or his/her designee. Standard hours of work shall be Monday-Friday 7:00 a.m. until 5:00 p.m. Weekend work may be performed but the Contractor must have the written approval of the DCPS Grounds Project Manager, or his/her designee before the project is started. Except for emergencies, work will not be scheduled on New Years Day, Presidents Day, Patriots Day, Memo