Contract 2018-56 AGREEMENT BETWEEN THE CITY OF CLERMONT, FLORIDA AND
KDF ENTERPRISES, LLC. REGARDING CLERMONT RFB # 18-023
VEGETATIVE DEBRIS REMOVAL SERVICES
THIS AGREEMENT, made this (4Tday of A v G,GST 2018,
between the City of Clermont, a Municipal Corporation of the State of Florida
(hereinafter referred to as the "CITY"), and KDF Enterprises, LLC., whose address is
370 Mountain View Road, Springville, AL 35146 (hereinafter referred to as
"CONTRACTOR"), who, in consideration of the covenants, representations and
agreements herein contained, agree as follows:
ARTICLE I— SCOPE OF SERVICES
CONTRACTOR agrees to furnish all labor, materials, equipment, machinery, tools,
apparatus, and transportation to in accordance with this Agreement, the Federal Contract
Provisions, attached hereto and incorporated herein Exhibit "A" and as set forth in
CONTRACTOR's response to City of Clermont RFB # 18-023 Vegetative Debris
Removal Services. In the event of conflict, the terms and conditions of this contract shall
prevail. CONTRACTOR agrees to perform the assigned responsibilities and duties
faithfully, intelligently, and to the best of its ability, and in the best interest of CITY
during the term of this agreement. All services provided shall be performed in
accordance with this agreement and with any and all applicable law, professional
standards and guidelines.
ARTICLE II—AUTHORIZATION TO PROVIDE SERVICES
CONTRACTOR shall not be authorized to provide any services hereunder until such
time as CONTRACTOR has received written authorization from the City Manager, or his
designee, to perform the specific tasks as set forth below. CONTRACTOR expressly
acknowledges and agrees that nothing herein shall require CITY to authorize any services
or work to be provided hereunder or prohibit CITY from assigning work such work to
any other individual, company or entity. CONTRACTOR shall commence work as
provided in written Notice to Proceed/Task Authorization. In the event that
CONTRACTOR commences any such services without such authorization,
CONTRACTOR expressly acknowledges that it shall not be entitled to compensation of
any kind related to said services.
ARTICLE III—THE CONTRACT SUM
1. CONTRACTOR shall be compensated by the unit price and in accordance with
the Price Schedule set forth in Exhibit `B'.
2. As a condition precedent to receiving payment, CONTRACTOR shall have been
authorized to proceed by CITY, shall not be in default of any of the terms and
conditions of this agreement, and shall provide to CITY an invoice. The invoice
1
shall be forwarded to CITY, upon completion of work contemplated herein, and
signed by an authorized representative of CONTRACTOR.
3. CITY shall pay all valid, approved and undisputed invoices within thirty (30)
days of receipt from CONTRACTOR. In the event that CITY disputes any
invoice submitted, it shall advise CONTRACTOR in writing and said invoice
shall not be deemed due and payable under this agreement. Neither the CITY'S
review approval or acceptance of, nor payment for, any services provided
hereunder shall be construed to operate as a waiver of any rights under this
agreement and CONTRACTOR shall be liable to CITY for any and all damages
to CITY caused by the CONTRACTOR'S negligent or wrongful performance of
any of the services furnished under this agreement.
ARTICLE IV—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and
shall remain in effect for a period of three (3) years thereafter, unless
terminated or renewed as provided for herein.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors;
d) CONTRACTOR fails to comply with any of the conditions of provisions of
this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted
prior to the effective date of termination.
3. Upon mutual Agreement of the parties, this Agreement may be renewed for
three (3) additional one (1) year terms. Sixty(60) days prior to completion of
each extended term of this Agreement, CONTRACTOR may request and the
City may consider an adjustment to price based on changes in the Consumer
Price Index (CPI).
ARTICLE V—PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery to CITY as set forth in the applicable purchase order. CITY shall make payment
to the CONTRACTOR for all accepted and undisputed services provided, within thirty
(30) calendar days of receipt of the invoice.
2
ARTICLE VI—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The
mediation shall be held in Clermont, Lake County, Florida, unless another
location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement Agreements in any court having jurisdiction thereof.
ARTICLE VII— INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out and
maintain during the life of this Agreement Worker's Compensation Insurance for all his
employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under
the Worker's Compensation statute, the CONTRACTOR shall provide adequate
insurance, satisfactory to the CITY, for the protection of employees not otherwise
protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether
such operations are by itself or by anyone directly or indirectly employed by it, and the
amount of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury& Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
3
Insurance clause for both BODILY INJURY AND PROPERTY
DAMAGE shall be amended to provide coverage on an occurrence basis.
3. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property
(other than the Work itself) , and (2) is caused in whole or in part by
any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would
otherwise exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or
employees by any employee of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited
in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the CONTRACTOR or any
subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII—NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be
deemed given when received by the party to whom it is intended.
4
CONTRACTOR: KDF Enterprises, LLC.
370 Mountain View Road
Springville, AL 35146
Attn: Michael Martin, C.F.O.
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX— MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret
any provision of this Agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall
not be construed or operate as a waiver of any subsequent breach of such
provision or of such provision itself and shall in no way affect the enforcement of
any other provisions of this Agreement.
3. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,
or part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of
action arising out of this Agreement shall be Lake County, Florida.
5
8. Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records
law, to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated
herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law 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.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically must be provided to the CITY in a format that
is compatible with the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X—AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this
Agreement as if herein repeated.
Document Precedence:
1. This Agreement
6
2. Purchase Order or Written Notice to Proceed
3. Federal Contract Provisions (Exhibit A)
4. All documents contained in City of Clermont RFB 18-023 and any amendments
thereto.
5. CONTRACTOR's April 11, 2018 response to RFB 18-023.
IN WIITNESS WHEREOF, the parties hereto have executed this Agreement on
this 19 day of ,2018.
City.lermont
Gail L. Ash, M.yor
Attest:
Tracy Ackroyd Howe, City Clerk
KDF Enterp ises, LLC. /
By: l . '!
(Signatu e
kk4 C tVtal✓'\k ill O
(Name&Title Printed or Typed)
Attest:
Corporate Secretary
4N• d.„,(
(Name Printed or Typed)
7
EXHIBIT A
FEDERAL CONTRACT PROVISIONS
(In addition to the General Conditions)
A. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE(2 CFR§200.326 Appendix II to Part 200(C))
During the performance of the contract, CONTRACTOR shall comply with the Equal Employment
Opportunity Clause (41 CFR 60-1.4(b)):
1. CONTRACTOR will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. CONTRACTOR will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
2. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the
CONTRACTOR, state that all qualified applicants will receive considerations for employment without
regard to race,color, religion,sex,or national origin.
3. CONTRACTOR will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the CONTRACTOR's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations,and relevant orders of the Secretary of Labor.
5. CONTRACTOR will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of
investigation to ascertain compliance with such rules, regulations,and orders.
6. In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this
Contract or with any of the said rules, regulations or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
7. CONTRACTOR will include the portion of the sentence immediately preceding paragraph 1 and the
provisions of paragraph 1 through 7 in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor.The CONTRACTOR will take such action with respect to any subcontract or purchase order
as the administering agency may direct as a means of enforcing such provisions, including sanctions
for noncompliance: provided, however, that in the event a CONTRACTOR becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the CONTRACTOR may request the United States to enter into such litigation to
protect the interest of the United States.
B. DAVIS-BACON ACT(2 CFR§200.326 Appendix II to Part 200(D))
(Not applicable to this Contract; applicable only for prime construction contracts in excess of
$2,000.) CONTRACTOR shall pay wages to laborers and mechanics at a rate not less than those in the
attached Davis-Bacon Act Wage Rate Table(s) as made by the Secretary of Labor. CONTRACTOR shall
pay wages not less than once per week.
C. COPELAND"ANTI-KICKBACK"ACT(2 CFR§200.326 Appendix II to Part 200(D))
(Not applicable to this Contract; applicable only for prime construction contracts in excess of
$2,000.) CONTRACTOR shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors
on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United
States"). The Act provides that the CONTRACTOR and COUNTY is prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the appropriate Federal agency.
1. CONTRACTOR. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S. C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into
this Contract.
2. Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above
and such other clauses as the FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
3. Breach. A breach of the contract clause above may be grounds for termination of the Contract,
and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.
D. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(2 CFR§200.326 Appendix II to
Part 200(E))(40 U.S.C.3701-3708)
(Not applicable to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.) Contracts in excess of
$100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702
and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.
3702 of the Act, each CONTRACTOR and its subcontractors shall compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous.
E. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT(2 CFR§200.326
Appendix II to Part 200(F))
(Not applicable to this Contract.) If the Federal award meets the definition of"funding agreement"
under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a
small business firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding agreement,"
the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, " Rights to
Inventions Made by Nonprofit Organizations and Small Business." Firms under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
F. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2 CFR §200.326 Appendix II to
Part 200 (G))
CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
G. DEBARMENT AND SUSPENSION (2 CFR §200.326 Appendix II to Part 200(H))
A contract cannot be awarded to parties listed on the government-wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." The Excluded Parties List System in SAM contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. The
Vendor/CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The Vendor/CONTRACTOR further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
H. PROCUREMENT OF RECOVERED MATERIALS (2 CFR §200.322)
CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
I. CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES,
AND LABOR SURPLUS AREA FIRMS(2 CFR §200.321)
Should the CONTRACTOR subcontract any of the work under this Contract, CONTRACTOR shall take the
following affirmative steps: place qualified small and minority businesses and women's business
enterprises on solicitation lists; assure that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources; divide total requirements, when
economically feasible, into smaller tasks or quantities to permit maximum participation by small and
minority businesses, and women's business enterprises; establish delivery schedules, where the
requirement permits, which encourage participation by small and minority businesses, and women's
business enterprises; and use the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of the Department of
Commerce. Their websites and contact information can be found at www.SBA.gov and www.MBDA.gov.
J. ENERGY EFFICIENCY AND CONSERVATION
CONTRACTOR shall comply with the mandatory standards and policies of the Florida Energy
Efficiency and Conservation Act issued in compliance with the Energy Policy and Conservation Act
(42 U.S.C. § 6201).
K. BYRD ANTI-LOBBYING AMENDMENT(2 CFR §200.326 Appendix II to Part 200 (I))Vendors that
apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the non-Federal award. If not provided with the bid response, Vendor must complete and submit
the Certification Regarding Lobbying Form within three business days of COUNTY's request.
CERTIFICATION OF RESTRICTIONS ON LOBBYING FORM
If not provided at time of bid submittal,the form must be completed and submitted within
three business days of County's request.Vendor hereby certifies the following:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers (including subcontracts, sub grants,
and contracts under grants, loans, and cooperative agreements) and that all sub-
recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code (U.S.C.).
§1352. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than$10,000 and not more than $100,000 for each such failure.
Vendor certifies or affirms the truthfulness and accuracy of each statement of its certification
and disclosure, if any. In addition, Vendor understands and agrees that the provisions of 31
U.S.C. § 3801 et. seq.,apply to this certification and disclosure, if any.
EXHIBIT B PRICE SCHEDULE
Table 1. Right-of-Way Vegetative Debris Removal
Work consists of the collection and transportation of eligible vegetative debris on the right-of-way or
public property to a City approved debris management site or City approved final disposal site
L Description Estimated Unit Price Per Extended Price Per Ton
Quantity Cubic Yard Price (Alternate)
9.85 392,500
1.1 0 to 8 miles 50,000
10.35 221,250
1.2 9 to 16 miles 25,000
Table 2.Operation and Debris Reduction Through Grinding or Air Curtain Incineration
'Work consists of managing and operating debris management site for acceptance and reduction of
eligible vegetative disaster related debris through grinding or air curtain incineration The costs
ssociated with acquiring, preparing, leasing, renting. operating. and remediating land used as debris
anagement site is reflected in this bid
N. Description Estimated Unit Price Per Extended Price Per Ton
Quantity Cubic Yard Price (Alternate)
Operation of 3.75 318,750
2.1 grinding/mulch debris 85.000
reduced material
2 2 Operation of ash debris 85,000 3.25 276,250
reduced material
Table 3.Transportation of Reduced Debris to a County Approved Final Disposal Site
Work consists of loading and transporting reduced eligible disaster related debris at a City approved
debris management site or City approved final disposal site
L.N. Description Estimated Unit Price Per Extended Price Per Ton
Quantity Cubic Yard Price (Alternate)
6.75 14,250
3.1 0 to 8 miles 3,000
6.75 21,375
3.2 9 to 16 miles 4,500
RFB No:18-023
Page 23 of 50
NOTE: The quantities shown in the Price Schedule are estimates only. They may vary significantly from
the actual quantities during an emergency event. Payment shall be for the units ordered, placed, and
accepted by the City. By signing this form, the respondent fully acknowledges that there will be no
additional compensation(no overhead,no anticipated profits,etc.)other than the unit price of the items
times the number of items authorized,ordered, placed,and accepted by the City.
JLV I IVI I \.
PRICE SCHEDULE
Table 4.Removal of Hazardous Trees and Limbs
Work consists of removing eligible hazardous trees or limbs and placing them on the safes possible
location on the City right-of-way for collection as stated in Section B. Vegetative Debris Removal.
L.N. Description Estimated Unit Price Per Extended Price
Quantity Tree
115 86,250
4.1 6-in. to 12 99-in. diameter 750
150 75.000
4.2 13-in. to 24.99-in. diameter 500
200 75,000
4.3 25-in. to 36.99-in. diameter 375
250 37,500
4.4 37-in. to 48.99-in. dimeter 150
300 15,000
4.5 49-in. and larger. diameter 50
90 135,000
4.6 Hanger Removal(per tree) 1,500
Table 5.Removal of Hazardous Stumps
Work consists of removing eligible hazardous stumps and transporting resulting debris from City right-
of-way to approved debris management site. Rate includes removal, backfill of stump hole. reduction.
and final disposal
L.N. Description Estimated Unit Price Per Extended Price
Quantity Stump
25 6,250
5.1 24.1-in. to 36.99-in diameter 250
'20 ,000
5.2 37-in. to 48.99-in diameter 125
.00 15,000
5.3 49-in. and larger diameter 25
Total Price(Total Extended Price from Tables 1 through 5)$1,779,375
(Words)(Figures)$ one million seven hundred and seventy nine thousand three hundred and seventy
five dollars
RFB No:18-023
Page 24 of 50
JL\.I I V
PRICE SCHEDULE
By signing below,the respondent agrees to all terms,conditions,and specifications as stated in this solicitation,and
is acting in an authorized capacity to execute this response.The respondent also certifies that it can and will provide
and make available,at a minimum,the items set forth in this solicitation.
Respondent Information and Signature
Company Name(print)_ KDF Enterprises, LLC
Street Address: 370 Mountain View Rd Springville.Alabama 35146
Mailing Address(if different).
Fax. 404-506-9849
Email: many@kdfllc corn Payment Terms, % days,net
FEIN: 47-1244278 Professional_License No.:
Signature: '%fi� Date: 5/7/18
Print Name: Michael Martin Title: CFO
Does the respondent accept payment using the City's MASTERCARD? ® Yes ❑ No
END OF SECTION - C
RFB No:18-023
Page 25 of 50