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VII (C) Discussion/ Action re: Award of Lawn Maintenance Bid #99-05 to Groundtek of Central Florida Inc
Agenda 4-20-99 Item VII C "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIU ` Ocoee COMMISSIONERS o � b.\ CITY OF OCOEE COMMISSIONERS 150 N. LAKESHORE DRIVE SCOTT ANDERSON OCOEE,FLORIDA 34761-2258 RUSTY)OIiN50N C( ��O NANCY 1.PARKER (407)656-2322 CITY MANAGER bfFp OF Gap vN,\ ELI,IS SI IAPIRO MEMORANDUM TO: The Honorable Mayor and City Commissioners FROM: Joyce Meridith, Buyerl! DATE: April 5, 1999 RE: Bid#99-05; Lawn Maintenance There is $83,100.00 budgeted for FY 98/99 for City-Wide Lawn Maintenance. Bid #99-05 was advertised on February 21, 1999, and was publicly opened on April 1, 1999. Responses were received from: I) Sodbuster, Inc. - $131,505.00/annually 2) Calvert's Landscaping - $ 85,351.80/annually 3) Groundtek of Central FL, Inc. - $ 74,363.00/annually The bids have been reviewed by the Public Works and Finance Departments. Staff recommends awarding this bid to Groundtek of Central Florida, Inc., per the attached memo from Bob Smith, Public Works Director. RECOMMENDATION It respectfully is recommended that the City Commission award Bid 499-05 to Groundtek of Central Florida, Inc. and authorize execution of the agreement between the City and Groundtek of Central Florida, Inc. by the Mayor and City Clerk and further authorize the Mayor and City Clerk to execute all documents necessary to consummate the transaction contemplated by the agreement. 4e©Py ROBERT SMITH PUBLIC WORKS DIRECTOR 370 ENTERPRISE ST.•OCOEE,FLORIDA 34761 PHONE(407)877-8420 FAX(407)877-0392 MEMORANDUM TO: Joyce Meredith, Buyer FROM: Bob Smith, Public Works Direct iffy DATE: April 1, 1999 RE: Lawn Maintenance Bid Award I have reviewed the three (3) bids received for the mowing contract and recommend awarding the contract to Groundtek of Central Florida, Inc. Please let me know if I can be of further assistance. BS:jh THE PRIDE OF WEST ORANGE INVITATION TO BID M99-05, Lawn Services AGREEMENT FOR LAWN MAINTENANCE SERVICES THIS AGREEMENT FOR LAWN MAINTENANCE SERVICES (this "Agreement") is made this day of , 199 , by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City") and GROUNDTEK OF CENTRAL FLORIDA, INC., a Florida corporation whose mailing address is 562 Maguire Road, Ocoee, Florida 34761 (hereinafter referred to as the "Contractor"). WITNES SETH: WHEREAS, the City desires to hire Contractor to perform the work set forth in that certain Invitation to Bid #99-05 (the "Work"), the Invitation to Bid #99-05 and any amendments thereto being attached hereto as Exhibit "A"; and WHEREAS, the Contractor is capable of performing the Work and agrees to perform the Work pursuant to the terms of this Agreement, and for the amounts specified in the Contractor's Bid, the Contractor's Bid and any amendments thereto being attached hereto as Exhibit "B". NOW THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Scope of Agreement. The terms and conditions of Exhibit "A attached hereto as well as the terms and conditions of Exhibit "B" attached hereto are incorporated by reference herein as fully as if herein set forth. Unless otherwise specified herein, the Contractor is to furnish all materials, tools, equipment, manpower, and consumables to complete the Work. Section 2. Tenn of Agreement. This Agreement shall consist of three (3) consecutive one (1) year terms, with the first one (1) year term beginning on the date this Agreement is executed by the City (the "Effective Date"). Section 3. Compensation. Contractor agrees to provide the services and materials as specified in Exhibit "A" for the amount specified in Exhibit "B". The amount as specified in Exhibit "B" may be increased or decreased by the City under the Extra Work provision of this Agreement, through the issuance of an Addendum, if applicable. Any prices specified in this Agreement, will remain firm for the initial one (1) year term of this Agreement. After the initial one (1) year term of this Agreement, price adjustments will be allowed pursuant to the Price Adjustment provision of this Agreement. Page: I 006.133530.1 INVITATION TO BID#99-05, Lawn Services Section 4. Payment. All invoices received by the City are payable within (30) days from receipt, provided they have first been approved by the City, and the City has accepted the Work for which payment is sought. The City reserves the right, with justification, to partially pay any invoice submitted by the Contractor. All invoices shall be in duplicate and directed to: City of Ocoee, Accounts Payable, 150 North Lakeshore Drive, Ocoee, Florida 34761-2258. NOTE: ALL INVOICES MUST CLEARLY INDICATE: City Agreement #99-05, Lawn Services. Section 5. General Conditions. A. Patents and Copyrights. The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under this Agreement, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. B. Termination for Default. 1. The performance of Work under this Agreement may be terminated by the City, in whole or in part, in writing, whenever the City shall determine that the Contractor has failed to meet the performance requirements of this Agreement. 2. The City has a right to terminate for default if the Contractor fails to perform the Work, or if the Contractor fails to perform the Work within the time specified in the Agreement, or if the Contractor fails to perform any other provisions of the Agreement. 3. Failure of a Contractor to perform the required Work within the time specified, or within a reasonable time as determined by the City or failure to redo the Work when so requested, immediately or as directed by the City, shall constitute authority for the City to hire another contractor to perform the Work. In all such cases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the City, for any expense incurred in excess of the Agreement prices. 4. Should public necessity demand it, the City reserves the right to utilize services which are substandard in quality, subject to an adjustment in price to be determined by the City. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Page: 2 006.133530.1 INVITATION TO BID#99-05, Lawn Services City that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. C. Termination for Convenience. The City may terminate this Agreement at its convenience with thirty (30) days advance written notice to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all Work properly performed prior to the effective date of termination and for all portions of materials, supplies, services, and facility orders which cannot be cancelled and were placed prior to the effective date of termination and other reasonable costs associated with the termination. D. Warranty. The Contractor warrants that the Work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects or errors. If the Contractor is notified in writing of a fault, deficiency or error in the Work provided within one (1) year from completion of the Work, the Contractor shall, at the City's option, either redo such portions of the Work to correct such fault, defect or error, at no additional cost to the City or refund to the City the charge paid by the City which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for obtaining another Contractor to redo the Work. ALL MATERIALS PROVIDED BY THE CONTRACTOR, SHALL BE MERCHANTABLE AND BE FIT FOR THE PURPOSE INTENDED. THE CONTRACTOR SHALL BE LIABLE FOR SECONDARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY WORK PERFORMED UNDER THIS AGREEMENT. E. Time of Completion. The parties understand and agree that time is of the essence in the performance of this Agreement. The Contractor agrees that all Work shall be performed regularly, diligently, and uninterrupted within the time specified. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay shall extend the time of the Contractor's or City's performance respectively, by the length of the Page: 3 006.133530.1 INVITATION TO BID#99-05, Lawn Services delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the City may at its discretion, cancel this Agreement for the convenience of the City. F. Indemnification. The Contractor hereby agrees to indemnify and save the City its officers, agents and employees harmless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees, both at trial and at appellate levels, arising out of or alleged to have arisen out of this Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights granted hereunder. The City shall use its best efforts to promptly notify the Contractor in writing of any Claims and shall provide the Contractor with information regarding the Claims as the Contractor may reasonably request, but the failure to give such notice or provide such information shall not diminish the obligations of the Contractor under this Section. No Claims whatsoever shall be made or asserted against the City by the Contractor for or on account of anything done or as a result of anything done or omitted to be done in connection with this Agreement. G. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to this Agreement whether observed before or after substantial completion of the Work. The Contractor shall bear all costs of correcting such rejected Work. H. Right to Audit Records. The City shall be entitled to audit the books and records of the Contractor or any sub-contractor to the extent that such books and records relate to the performance of this Agreement or any sub-contract to this Agreement. Such books and records shall be maintained by the Contractor for a period of three (3) years from the date of final payment under this Agreement and by the sub-contractor for a period of three (3) years from the date of final payment under the sub-contract unless a shorter period is otherwise authorized in writing. Information. All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees, pursuant to this Agreement, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents. J. Safety Measures. The Contractor shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public and shall erect and properly maintain at all times all necessary vehicular and facility safeguards for the protection of the workers and public. If necessary, the Contractor shall post signs warning against hazards in and around the work site. Page: 4 006.133530.1 INVITATION TO BID#99-05, Lawn Services K. Extra Work. The City, without invalidating this Agreement, may order changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions, the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written Addendum to this Agreement, and shall be executed under the applicable conditions of the Agreement. L. Price Adjustments. For the second and third one (1) year terms of this Agreement, the Contractor may make a claim for a price adjustment in the Agreement If the Contractor plans to make a price adjustment, the Contractor shall first give the City written notice thereof, with explanations stated for the price adjustment, and such notice shall be given at least sixty (60) calendar days prior to the one (1) year term for which the price adjustment is sought. Nothing contained herein shall affect the City's right to terminate this Agreement for Convenience as provided herein. M. Familiarity With The Work. The Contractor by executing this Agreement, acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof. The City will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof. It is understood that the execution of this Agreement by the Contractor serves as the Contractor's stated commitment to fulfill all the conditions referred to in this Agreement. Section 6. Miscellaneous Provisions. A. The Contractor shall not employ subcontractors without the advance written permission of the City. B. Assignment of this Agreement shall not be made without the advance written consent of the City. C. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. D. No waiver, alterations, consent or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the City. E. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. Page: 5 006.133530.1 INVITATION TO BID#99-05, Lawn Services F. The Contractor shall at all times, keep the Work area free from accumulation of waste materials or rubbish caused by its operations, and promptly remove any such materials to an approved disposal location. G. The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials, tools, equipment, and consumables, left on City property by the Contractor. H. This Agreement is considered a non-exclusive Agreement between the parties. I. This Agreement is deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. J. Any litigation arising out of this Agreement shall be had in the Courts of Orange County, Florida. K. The undersigned hereby certify that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the Work covered by this Agreement and is in all respects fair and without collusion or fraud. As to Contractor, the undersigned hereby warrants and certifies that it is authorized to enter into this Agreement and to execute same on behalf of the Contractor as the act of the said Contractor. L. This Agreement, including Exhibit "A" and Exhibit "B", contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. IN WITNESS WHEREOF, Contractor and the City have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written. CONTRACTOR: GROUNDTEK OF CENTRAL FLORIDA, /��, l y/ INC., a Florida cor oration ryuI/ ainit Cak 01.0 By: ez.-- Print Name: K. 130 KQ/O Na c: Hector Boni Itle: Corporate Vice President delft /5,4 v (SEAL) Print Nam /-/D//y ,hot, / Page: 6 006.133530.1 INVITATION'10 BID#99-05, Lawn Services STATE OF FLORIDA COUNTY OF C.-)('(y The foregoing instrument was acknowledged before me this /L5' day of Apt,(_ , 1999 by ve -- 7,x) t f as i C E - 7 VE S& 1itof GROUNDTEK OF CENTRAL FLORIDA, INC., a Florida corporation, on behalf of the corporation. He/she is personally known to me, or ❑ has produced as identification. p Shots R.Wach 9A1 1. S 1.v - :..1 my commssioti r ce5e0365 rxn6rs Signature of Notary Public - State of Florida N0;ust28.2000 `%„a^...' WIR[DU U1Wll rus neW K[.iw. Name of Notary (Print, Type, or Stamp) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): CITY: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 1999 LEGALITY this day of UNDER AGENDA ITEM NO. , 1999. FOLEY & LARDNER By: City Attorney Page: 7 006.133530.1 INVITATION TO BID W99-0S, Lawn Services STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. Scott Vandergrift and Jean Grafton well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of ,1999. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): Page: 8 006133530.1 INVITATION TO BID N99-05, Lawn Services EXHIBIT "A" INVITATION TO BID AND ANY AMENDMENTS THERETO (See Exhibit "B" ) Page: 9 006.133530.1 INVITATION TO BID M99-05, Lawn Services EXHIBIT "B" CONTRACTOR'S BID AND ANY AMENDMENTS THERETO Page: 10 006.133530.1 March 15, 1999 ADDENDUM NO. : ONE (1) CITY OF OCOEE BID NO. 99-05 LAWN MAINTENANCE This addendum shall modify and become a part of the original Bid Document for Lawn Maintenance. The following are the responses/clarifications to the questions/concerns from the Pre- Bid Conference held on March 15, 1999 at 10:00 am, local time: I. Scope of Work/Specifications/Bid Sheet; Pg. 7; Code Enforcement; Alternate No. 2: Add: The City will be responsible for removing abandoned vehicles, if any, from the abandoned properties. The Contractor will be responsible for removing normal trash & rubbish only. 2. Scope of Work/Specifications/Bid Sheet; Pg. 3; Stormwater; Section V-Retention Ponds: Clarification that the Contractor shall keep a written daily log containing the date; type of work done (mowing, erosion control, etc.) and turn in to the Streets and Stormwater Supervisor twice per month for reporting to the St.Johns River Water Management District. 3. Scope of Work/Specifications/Bid Sheet; Pg. 3; Stormwater; Section V-Retention Ponds: Clarification that the Contractor shall be responsible for hauling-off debris found at all retention ponds. 4. Scope of Work/Specifications/Bid Sheet; Pg. 3; Stormwater; Section V-Retention Ponds: Add: A double gate is located at each retention pond which should accommodate all equipment necessary for maintenance of the retention ponds. 5. Scope of Work/Specifications/Bid Sheet; Pg. 3; Stormwater; Section V-Retention Ponds: Add: Clarification for equipment purposes; some of the retention ponds may have steep slopes, equipment used should accommodate such slopes. 6. Scope of Work/Specifications/Bid Sheet; Pg. 3; Stormwater; Section V-Retention Ponds: Clarification that some retention ponds located in new, private neighborhoods located throughout the City of Ocoee and owned by the Homeowners Association of such neighborhoods may be contacting the Contractor for maintaining such retention ponds. The City of Ocoee is in no way responsible for such retention ponds and such retention ponds are not a part of Bid #99-05, Lawn Maintenance. 7. Scope of Work/Specifications/Bid Sheet; Pg. 3; Stormwater; Section V-Retention Ponds: Add: Do not enter private property to access the retention ponds. Please use the easements, and if they are not accessable, please contact Joyce Meridith, 1 Buyer, for assistance. The City is not responsible for any legal ramifications, including any trespassing charges resulting from entering the private property. 8. Scope of Work/Specifications/Bid Sheet; Pg. 3; Utilities; Section III-Easements: The City shall be responsible for hauling-off any debris from the easements pending Contractor notification to the City of such debris. 9. Scope of Work/Specifications/Bid Sheet: Clarification that irrigation systems arc located at the Municipal Complex, the South Water Plant located on Maguire Rd., the Wastewater Plant located on A.D. Minis Road, Fire Station #3 located on Maguire Rd., and Fire Station #4 located on Clarke Rd. The City has already checked out the irrigation systems at each of these locations. 10. Scope of Work/Specifications/Bid Sheet: Clarification that the City will be responsible for fertilization and replacement of plants, including all pest control. 11. Solicitation for Formal Sealed Bid; Pg. 5; Section A9-Safety Standards: Add No. 2.; Uniforms are not required by the City for work done under Bid #99-05, Lawn Maintenance. However, all clothing worn shall be in compliance with any and/or all applicable O.S.H.A. Standards. 12. Attached Pre-Bid Sign-in sheet of all prospective bidders attending the pre-bid conference on March 15, 1999 at 10:00 am, local time. oy e Menidith Buyer Addendum No. One (1) B99-05 All proposers shall acknowledge this addendum by completing this section below and attaching to the front of your proposal. Bidder: Groundtek of Central Florida, Inc. Street Address: 862 Maguire Rd. City, State, Zip Code: Ocoee, FL 34761 Name and Title: ) 02 ector Mori, Vice President 407) 877-7473 Federal I.D. # 59-2981065 Telephone Number. ( 2 March 24, 1999 ADDENDUM NO. : TWO (2) CITY OF OCOEE q 2 BID NO. 99-05 LAWN MAINTENANCE 19,99 This addendum shall modify and become a part of the original Bid Document for Lawn Maintenance. The following are the responses to the attached questions received on March 19, 1999 from Sodbuster, 1. See highlighted area on Attachment No. 1. 2. Yes,see highlighted area on Attachment No. 1. 3. Yes, around the retention pond only. 4. No, only around the edges. 5. Yes, see highlighted area on Attachment No. 2. 6. Yes. Attachment No. 1 and No. 2. �iir2a y Meridi Buyer Addendum No. Two(2) B99-05 All bidders shall acknowledge this addendum by completing this section below and attaching to the front of your proposal. Bidder: Groundtek of Central Florida, Inc. Street Address: 862 Maguire Rd. City, State, Zip Code: Ocoee, FL 34761 Name and Title: eetor Bori, Vice President Telephone Number: (407) 877-7473 Federal I.D. # 59-2981065 1 • SODBUSTER, INC 1317 PARK AVL WDCfl GADD[I(,FL 34707 MD LDS 594447424 (737)M74 44 CELL CITY OF OCOEE (407)774-4461,(407)fsfana REF:BIDNB99-05 QUESTIONS I, M3 SAW MILL FRONT-HOW MUCH OF AREA. IS JUST BY TIM ROAD OR BY TIDE ROAD AND DOWN TO SMALL POND AT ENTRANCE? 5ee,ti;c4/i 4 fed area at- atrac4hewt E:f / a2) ML SAW MILL SOUTH-AREAS THAT IS FENCED IN. DO YOU WANT AREAS OUTSIDE FENCED IN AREAS MOWED OUT TO SIDEWALKS. OR JUST INSIDE FENCED IN AREA. yes) See P,N 4 1/4 4 fed a tea e arThe 3) 1146-CLARKE RD W-E OF LAKE-IS ALL THE DEBRIS AROUND THIS AREA TO BE REMOVED OR JUST AROUND RETENTION POND AREA? 7 ctavo apcI -the reYelet:or-'pope/ /4) 034-OLYMPUS DRIVE EAST-DO YOU WANT ALL CAT TAILS REMOVED OR JUST AROUND EDGES? Tu7 tarn<pdthe edye5 ,6) I/14-LIME SPRING HILLS-DO WE CUT OUTSIDE OF FENCE ALL THE WAY TO SIDE WALK AND STREET/ yelp See A,fti /i. Teed area eta r"ctin`rvj # (o) 015-JUAREZ AND LITTLE SPRING-DO YOU WANT HEDGES AND CRAPE MYRTLE TRIMMED? yes 4L i✓ _ - •iiiy{jiiii y>> 1 _ I III:. _ _ Ing VI G NETfI PARK Sin:d E I I I l.IJ I II I I l 1IIIIIIIII II — I I I III 1 � : : :�;: mi I I I11nn111d. �����l► J I I �� 11111��� /IIIIII1���rr.�i: ll111111111. . .■. I�IIG I �` 'm11rr111 4,2 meno r. •• • In' i J gill - I a i11.1�E1i+: .ammo Fa■•■. ill p 1 I ) 111111fl ! ::: :" :: :: — a 111111 I I I ii M 1111111iii ■�gan 'ili Lu �11. I AID 1111111111; mums mini* III FR f I M11■ 1111111 .nIh p no 11l11111tsi pm. I111111 tap . ::. 1111111 `La •1111111• m. �- ilia F. += 11111111111r►* ;dig e,opmNig i., �� 4 ir t� � jar Nth dil'Ir��, hJu . . I I I 11 , gni .n�Yw TRAL AR� mil. is.. i���� . _ ti 1111II III rII I I I E- 1:=:: m=ma mi ===mi, /Im .. per... ,rillr - is poi OM NM UM .. Ti =Plormi m rE nic '. WIPP / •- • ifN i CLgRKE RD •-• .,p�u..J IIIMMI�_� ��IIIIII� /'P11s 4r \ 1Mhos m pll�i i i p " MSi UD■= NE I - Ill MIT- ni a. . ;I II ion .. 0 gowning f mons Ilb .■■■Ill- • in • a u■■■■■■. jl■ : HI Miry ! 4 41. IN 43/4� 1I 40. Er. \ - ma 0 ...; so s • tir / � � at i A Onto Ticroviiiii ink' alum ���� ��l I Itl um :a_ C` Cam: IN ci �■ r is ! ram Iit : mu h lui 3 :5 I I \` p// M§ , I 1 , CENTER Of GOOD LIVING-PRIDI,OE IYf4T ORANGE" MAYOR•COMMISSIONER S.SCOII VANDERGRIFT Ocoee COMMISSIONERS 0 tti .n CITY OF OCOEE DANNY HOWELL �y p v SN SCOT A GLASS .. _ ISO N. LAKESIIORE DRivi COTTT A.GLASS Q OCOEE, FLORIDA 34761-225R NANCY J. PARKER v D (407)656-2322 �P •T� CITY MANAGER btCe NN�N ELLIS SHAPIRO Of 000O CITY OF OCOEE INVITATION TO BID #99-05 FOR LAWN MAINTENANCE 0) 3.O% BID DOCUMENTS ADV-1 Legal Advertisement 1 thru 12 Solicitation for Formal Scaled Bid BID SPECIFICATIONS 1 thru 7 Specifications/Bid Form for Lawn Maintenance END OF TABLE OF CONTENTS TAB LEGAL ADVERTISEMENT Ocoee City Commission Sealed bids will be accepted for Bid #B99-05, LAWN MAINTENANCE, no later than 10:00 AM, local time, on April 1, 1999. Bids received after that time will not be accepted or considered. No exceptions will be made. The City reserves the right to reject any and all bids and waive informalities. Bids will be received in the City of Ocoee, Attn: Joyce Meridith, Buyer, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258. Bids will be publicly opened and read aloud in the City Hall Conference Room on the above-appointed date at 10:01 AM, local time, or as soon thereafter as possible. A Pre-Bid Conference will be held at the Ocoee City Hall on March 15, 1999 at 10:00 AM, local time. All prospective bidders are strongly encouraged to attend. Prospective bidders may secure a copy of the bid package from Joyce Meridith at Ocoee City Hall Finance Department, 150 N. Lakeshore Drive, Ocoee, FL 34761-2258 for a non-refundable fee of$10.00. Partial sets of bid documents will not be issued All bids shall be submitted in triplicate in a sealed envelope plainly marked on the outside with the appropriate bid number and opening date and time. No facsimile or Telegraphic submissions will be accepted. City Clerk February 21, 1999 ADV-1 BIDFORM 1999 SOLICITATION FOR FORMAL SEALED BID CITY OF OCOEE, FLORIDA Date: February 21, 1999 Bid Number: B99-05 Department: City-Wide Req. Number: THIS IS NOT AN ORDER SUBMIT BID TO: Vendor Name: City of Ocoee Attn:Joyce Meridith,Buyer 150 N.Lakeshore Drive Ocoee, Florida 34761-2258 NOTICE TO PROSPECTIVE BIDDERS: Use address above with bid number to ensure proper identification of your bid and facilitate handling. IF "NO BID," SO STATE ON FACE OF ENVELOPE. INSTRUCTIONS PLEASE READ AND COMPLY WITH ALL INSTRUCTIONS CONTAINED HEREIN. EACH BIDDER SHALL FURNISH THE INFORMATION REQUIRED ON THE BID FORM AND EACH ACCOMPANYING SHEET THEREOF ON WHICH HE MAKES AN ENTRY. BIDS SUBMITTED ON ANY OTHER FORMAT SHALL BE DISQUALIFIED. THIS BID MUST BE RECEIVED IN TRIPLICATE IN THE FINANCE DEPARTMENT,ATTN: CITY BUYER,CITY OF OCOEE,NOT LATER THAN 10:00 AM, LOCAL TIME,ON APRIL 1, 1999. . A PRE-BID CONFERENCE WILL BE HELD AT OCOEE CITY HALL ON MARCH 15, 1999 AT 10:00 AM, LOCAL TIME. ALL PROSPECTIVE BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND. PLEASE QUOTE LOWEST PRICE AT WHICH YOU WILL FURNISH THE ITEMS LISTED. PRICES CONSIDERED F.O.B.DESTINATION UNLESS OTHERWISE STATED. PRICES SHALL REMAIN FIRM FOR A PERIOD OF 45 DAYS FROM DATE OF BID OPENING. BIDS WILL BE PUBLICLY OPENED AND READ AT OCOEE CITY HALL, CONFERENCE ROOM, ISO N. LAKESHORE DRIVE, OCOEE, FL 34761 AT 10:01 AM,or as soon thereafter as possible on the above-appointed date. PLEASE CHECK YOUR PRICES BEFORE SUBMISSION OF BID AS NO CHANGE IN PRICES WILL BE ALLOWED AFTER BID OPENING. DO NOT USE PENCIL WHEN INSERTING PRICES - USE INK OR TYPEWRITER ONLY. BE SURE BID IS SIGNED. ANY CLARIFICATIONS/CHANGES WILL BE THROUGH WRITTEN ADDENDA ONLY ISSUED BY THE BUYER. ALL ITEMS QUOTED MUST BE IN COMPLIANCE WITH THESE SPECIFICATIONS. INVITATION TO BID FOR: LAWN MAINTENANCE ALTERNATE BIDS WILL NOT BE ACCEPTED UNLESS SPECIFICALLY CALLED FOR IN THIS SOLICITATION. TECHNICAL SPECIFICATIONS: SEE ATTACHED BID SIGNATURE SECTION: I. This sheet must be included and returned with your proposal. 2. Delivery may be a factor in the award. 3. Bids may not be withdrawn for a period of 45 days after bid opening date. 4. Bidder's attention is specifically called to the terms and conditions of this solicitation. 5. The City reserves the right to reject any or all bids, without recourse,to waive technicalities or to accept the bid which in its judgement best serves the interest of the City. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to or be borne by the City. 6. The City reserves the right to increase or decrease quantities in these specifcations. 7. Goods,services,supplies,or equipment covered in these specifications shall be delivered F.O.B.destination. 8. IF NOT BIDDING ANY OR ALL ITEMS,PLEASE SO STATE. 9. PUBLIC ENTITY CRIME STATEMENT: All invitations to bid as defined by Section 287.012(11),Florida Statutes,requests for proposals as defined by Section 287.012(16),Florida Statutes,and any contract document described by Section 287.058,Florida Statutes,shall contain a statement informing persons of the provisions of paragraph(2)(a)of Section 287.133, Florida Statutes, which reads as follows: " 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 a public entity for the construction or repair of 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." All vendors who submit a Bid or Request for Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the bid documents are qualified to submit a bid under Section 287.133, (2)(a), Florida Statutes. 10.FAILURE TO COMPLY WITH THESE SPECIFICATION INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. GROUNDTEK OF FFJ CENTRAL FLORIDA, INC. (407) 877-7473 FIRM NAM TELEPHONE(INCLUDE AREA CODE) /ED SIGNA � IF REMITTANCE ADDRESS IS DIFFERENT U 10/RRIIZED SI URE(manual) FROM PURCI IASE ORDER ADDRESS, Hector Boni, Vice President PLEASE INDICATE BELOW'. NAME/TITLE(PLEASE PRINT) 862 Maguire Rd. STREET ADDRESS Ocoee Florida 34761 CITY STATE ZIP FEDERAL IDk 59-2981065 2 ANY QUESTIONS REGARDING THIS BID SHOULD BE ADDRESSED TO THE OFFICE OF CITY BUYER, CITY OP OCOEE,FL(407)656.2322,EXTENSION 190. CONTACT PERSON'.JOYCE MERIDITH,BUYER BIDDING INSTRUCTIONS,TERMS,AND CONDITIONS: I. PREPARATION OF BIDS - (a) Bidders are expected to examine this bid form, attached drawings, specifications, if any, and all instructions. Failure to do so will be at the bidder's risk. (b) All prices and notations must be in ink or typewritten. No erasure permitted. Mistakes may be crossed out and corrections typed adjacent and must be initialed and dated in ink by person signing quotation. All quotations must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. ®Each bidder shall furnish the information of which he makes an entry. A total shall be entered for each item bid. In case of discrepancy between a unit price and extended price,the unit prices will be presumed to be correct. 2. USE OF TRADE NAMES - Specifications used are intended to be open and non-restrictive. Any reference to brand name or number shall not be construed as restricting to that manufacturer, but to be used as a minimum standard of quality. When no reference or change is made on proposal by bidder, it is understood that the specific brand item named on proposal shall be furnished by bidder. If bidding on other than the make,model,brand or number as shown, and offered as an equal,complete technical information, specifications, manufacturer's name and catalog reference must be clearly stated on bid proposal or attached letter. Any deviation between brand offered and brand specified must also be clearly indicated. 3. DELIVERY - Time of delivery is of the essence in the performance of the contract, and failure to perform in accordance with the delivery deadline(s)set forth in the specifications or any other contract document shall constitute default under paragraph 7 (c). Unless a written extension is obtained from the City prior to the delivery deadline(s), there shall be no excuse for untimely performance. The granting and duration of extensions shall be subject to the exclusive discretion of the City. 4. The City may accept any item or group of items of any bid, unless the bidder qualifies his bid by specific limitations. The right is reserved to reject any or all quotations and to waive technicalities. Verify your bid before submission as it cannot be withdrawn or corrected after being opened. 5. REMOVAL FROM BID LIST-If you do not bid, return this sheet and state reason. Otherwise,your name may be removed from our mailing list. 6. EXPLANATION TO BIDDERS - Any explanation desired by a bidder regarding the meaning or interpretation of the Invitation for Bid, drawings, specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bids. Any information given to a prospective bidder concerning an Invitation for Bid will be furnished to all prospective bidders as an amendment to the Invitation. If such information is necessary to bidders in submitted bids on the Invitation or if the lack of such information would be prejudicial to uninformed bidders, receipt of amendments by a bidder must be acknowledged on the bid and signed addenda returned attached to the bid. 7. SUBMISSION OF BIDS-(a)Bids and modifications thereof shall be enclosed in sealed envelopes, in duplicate, with the bid form, addressed to the office specified in the Invitation for Bid, with the name and address of the bidder, the date and hour of opening, and the invitation number on the face of the envelope. Bids received after the stated time and date for opening shall be disqualified as late bids. Facsimile or Telegraphic bids will not be considered. (b)The bidder represents that the article(s)to be furnished under this Invitation to Bid is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. ( c ) DEFAULT - as a result of bids received under this Invitation, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the bidder not meet the delivery deadline(s) set forth in the specifications or should the bidder fail to perform any of the other provisions of the specifications and/or other contract documents,the City may declare the bidder in default and terminate the whole or any part of the contract. Upon declaring the bidder in default and the contract in whole or in part, the City ;may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any 3 substitutions therefor and the bidder shall be liable to the City for any excess costs resulting therefrom. In the event the bidder has been declared in default of a portion of the contract, the bidder shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the bidder fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the bidder with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City's rights and remedies hereunder. (d) PATENT INDEMNITY: Except as otherwise provided, the successful bidder agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder. 8. DISCOUNTS-(a)Trade and time payment discounts will be considered in arriving at new prices and in making awards,except that discounts for payments within less than 30 days will not be considered in evaluation of bids. However, offered discounts will be taken for less than 30 days if payment is made within discount period. (b) In connections with any discount offered,time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance,whichever is later. Payment is deemed to be made,for the purpose of earning the discount,on the date of City Check. 9. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION - By submission of this bid, the bidder certifies,and in the case of ajoint bid,each party thereto certifies as to its own organization, that in connection with this procurement: A) The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other bidder or with any competitor; B) Unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening,directly or indirectly to any other bidder or to any competitor; C) No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition; D) Bidder warrants the prices set forth herein do not exceed the prices charged by the bidder under a contract with the State of Florida Purchasing Division;and E) Bidder agrees that supplies/services furnished under this quotation, if awarded, shall be covered by the most favorable commercial warranties the bidder gives to any customer for such supplies/services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the bid award. 10.AWARD OF CONTRACT - The contract, if awarded, will be awarded to that responsible bidder whose bid will be most advantageous to the City, price and other factors considered. The City will make the determination. 11.SAMPLES-Samples of items,when required,must be furnished free of expense to the City and if not called for within fifteen days from date of bid opening, same will be disposed of in the best interest of the City. 12.REJECTION OF BID-Failure to observe any of the above instructions and conditions may constitute grounds for rejection of your bid. 13.EXTENSION OF TIME PERIOD OF BID - In addition, the City of Ocoee, reserves the option to extend the time period of the bid, including all terms and conditions of the bid documents. Such time extension shall be by mutual agreement in writing. FOR ALL BIDS: Al GENERAL: I. All items quoted shall be in compliance with these specifications. 4 2. Delivery of Bids: It is the sole responsibility of the vendor to ensure that his proposal is delivered to the proper place and by time and date as indicated within this solicitation. City employees do not accept"postage due" items,therefore,please be sure you use adequate postage. 3. Any clarifications requiring written changes will be through addenda only, issued through the Buyer. A2 REJECTION OF IRREGULAR BIDS: I. In accordance with bid terms and conditions, each bidder shall furnish the information required on the bid form supplied. Bids submitted on any other format shall be disqualified. 2. Bids which contain any alteration, condition, limitation, unauthorized alternates, or show irregularities of any kind may be rejected by die City as non-responsive or irregular. A3 ALTERNATES: 1. Alternate bids will not be accepted unless specifically called for in this solicitation. A4 DELIVERY: I. Delivery will be a factor in award. A5 AMENDMENTS: I. The City reserves the right to add or delete item(s). A6 PAYMENTS: 1. No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services, have been received and accepted by the City in the quality and quantity ordered. 2. Payment will be accomplished by submission of invoice, in duplicate with Purchase Order Number referenced thereon and mailed to: City of Ocoee, Accounts Payable, 150 N. Lakeshore Drive, Ocoee, FL 34761-2258. A7 PROCESSING OF ORDERS;FUND AVAILABILITY: I. Normal orders shall be processed to the vendor by numbered City of Ocoee Purchase Orders. 2. Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. A8 LITERATURE: I. If called for on Bid Schedule, of these specifications, descriptive literature/brochures must be included with this bid in order to properly evaluate make/model offered. Bids submitted without same will be considered non-compliant and disqualified. A9 SAFETY STANDARDS I. Unless otherwise stipulated in the bid, all labor, materials, supplies and/or services shall comply with any and/or all applicable O.S.H.A. Standards. AIO TAXES: • 1. The Board of City Commissioners, City of Ocoee, Florida,has the following tax exemption certificates assigned: • Florida Sales&Use Tax Exemption Certificate No. 58-I I-094593-54C;and • The City is exempt from federal excise,state,and local sales taxes. Al I PERMITS/LICENSES/FEES: I. Any permits, licenses,or fees required will be the responsibility of the contractor;no separate payments will be made. 2. The City requires a City of Ocoee Registration. Please contact the City's Protective Inspections Department at(407)656-2322,ext. 139,directly for information concerning this requirement. 3. Adherence to all applicable code regulations(Federal, State,County,and City)are the responsibility of the contractor. Al2 DISPUTES: 1. Any actual or prospective bidder who disputes the reasonableness, necessity, or competitiveness of the terms and/or conditions of the Invitation to Bid, selection or award recommendation shall file such protest in writing to the Office of the City Manager. AI3 RESTRAINT OF TRADE OR COMMERCE: I. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (Florida SS 542.18 and all applicable federal regulations). A14 BID EVALUATION& AWARD: 1. Unless otherwise stipulated, bids will be evaluation and award, if awarded, made to that bidder who is determined to be the overall most responsible and responsive to this solicitation. Factors which may be considered will be: Compliance with specifications/bidder's ability to perform, including prior performance (if any) with the City, warranty offered, delivery or time for completion, and pricing. Bidders financial capability will also be a factor. If offering equivalent(s), see paragraph 2, Bidding Instructions,Terms,and Conditions: Use of Trade Names. 2. Vendors are requested not to contact requesting/evaluation Department(s)/Division(s) after bids are opened. Any questions(from vendor or evaluation Dept./Div.)will be answered through the Buyer by contacting the person so designated on the"Bid Signature Page." 3. A copy of the Bid Tabulation will be available for review in the Office of the Buyer. Should you desire a copy, please enclose a self-addressed, stamped (allow for adequate postage) envelope with your bid and a copy will be provided as soon as available. A15 QUANTITIES: I. City of Ocoee reserves the right to purchase any, all,or none of its requirements from vendors awarded contract as a result of this bid. 2. The City reserves the right to segregate items bid and purchase separately any item if deemed beneficial to the City's interest. 3. The City further reserves the right to purchase items from other vendors due to distance and availability if the City finds it more expeditious and economical to do so. ADDITIONAL TERMS AND CONDITIONS: 1. Bidder must complete Experience of Bidder section and List of Subcontractors section. 2. 5%Bid Bond is required. See Attachment"A"for Details. 6 3. Successful bidder will be required to provide proof of insurance in the amounts shown in Attachment "A"and must have the City named as additional insured. 4. Successful bidder will be required to provide Payment and Performance Bonds each in the amount equal to 100%of bid price. See Attachment"A"for details. 5. Descriptive literature (if so required) on each item bid must be included with bid. Failure to comply will result in disqualification of bid. 6. Contact Joyce Meridith (407)656-2322 ext.190 and fax(407)656-7835 in writing with any questions or concerns at least(10)ten days prior to bid opening date. 7. Award Criteria: Bid will be awarded to the overall lowest bidder most responsive to the following criteria: • Compliance with specifications,terms,and conditions • Price Bid • Warranty Offered • Delivery Time CITY OF OCOEE,FL,BID SCHEDULE#B Therefore, the undersigned, hereinafter called "Bidder,' hereby certifies that he has visited the site of the proposed project and familiarized himself with the local conditions, nature and extent of the work, and having examined carefully the specifications, terms and conditions herein, proposed to furnish all labor, materials, equipment and other items, facilities and services without exception, except those stated as specifically supplied by the City, for the proper execution and completion of Bid # B, and if awarded the contract,to complete the said work within the time limits and bid prices as outlined on the bid sheet. DESCRIPTION AND PRICE PRICING TO BE PROVIDED BY SPECIFICATION/BID SHEET(ATTACHED). PAYMENT TERMS: NET 30 DAYS. ACKNOWLEDGEMENT IS HEREBY MADE OF RECEIPT OF THE FOLLOWING ADDENDA ISSUED DURING THE BIDDING PERIOD: ADDENDUM# One THROUGH ADDENDUM# Two LIST OF SUBCONTRACTORS SUBCONTRACTOR NAME/ADDRESS/REGISTRATION NO./CONTACT PERSON/PHONE 4: none (Attach Additional Sheets for additional listing of subcontractors) The Bidder certifies that he has investigated each subcontractor listed and has received and has in his files evidence that each subcontractor maintains a fully-equipped organization capable, technically and 7 financially, or performing the pertinent work and that he has made similar installation in a satisfactory manner. EXPERIENCE OF BIDDER The Bidder shall complete the following blanks regarding experience in this particular project work. Bidder must demonstrate ability to construct projects of similar complexity,nature,and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS (INCLUDE CONTACT): Ongoing since 8/95 $16,800 + yearly Campus Crusade Contact: Pat Hackathorne 100 Sunport Lane, Dept. 2400, Orlando, FL 32809 (407) 826-2423 Ongoing since 1/94 $77,000 + yearly, Host Marriott Travel Plazas Contact: John Weiss 283 N. Lake Blvd. #160, Altamonte Springs, FL 32701 (407) 578-3030 Ongoing since 7/97 $41,000 + yearly Florida Auto Auction Contact: M.L. Fairclotl PO Box 220, Ocoee, FL 34761 (407)656-6200 Have you any similar work in progress at this time? YesX No Length of time in business over 10 years Bank or other financial references: SunTrust Bank NA 581 E. Hwy 50, Clermont, FL 34711 EQUIPMENT LISTING Please list year, make& model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. John Deere Model 855 tractor with Mid—mount edger and blower Join Deere Model 2155 tractor with a 13' Rhino True Flex finished cut mower John Deere Model 855 tractor with a 72" mower John Deere Model 2155 tractor wi rh a 15' John Deere Batwing GT ProMax spreader 42" Walker mower String trimmers and bush blades. Forced air blowers sHrk rdg re CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the 8 Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities' means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots,drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed contractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause,and that he will retain such certifications in his files. The non-discriminatory guidelines as promulgated in Section 202,Executive Order 11246,and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S.Secretary of labor,are incorporated herein. NOTE:The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CITY OF OCOEE SAFETY REQUIREMENTS FOR CONSTRUCTION CONTRACTORS 1. All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926,and CFR 1910,General Industry Standards,that are applicable in construction work. 2. The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. 3. Assure that a certified first aid person is designated, phone numbers of physicians, hospital and ambulance services are posted (copy to Personnel Director, City of Ocoee) and that a first aid kit is available. 4. All individuals are required to wear hard hats on all construction sites. 5. Provide personal protective equipment that may be required for jobs in progress(e.g.: hard hats, safety glasses,respirators,ear protection, long pants and shirts,etc.). 6. Observe the speed limit on City property. 7. Construction areas cleaned daily;excavations must be barricaded or flagged until backfilled. In some cases,bracing,shoring and sloping may be required. 8. Scaffolds shall have guard rails on all open sides and secured to prevent displacement. 9. Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear. 10.Welding and cutting-a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. 11.All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, (c ) load chart, (d)reeving, (3) fire extinguisher, (f)condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. 12.Construction material shall not be stored so as to block exits. 13.Ground fault circuit interrupters are required on al electrical circuits not part of the permanent wiring of the building. 14.Personal fall protection must be provided at elevations exceeding ten(10)feet. SPECIAL CONDITIONS(IF ANY): Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through Jennings Environmental Services, Inc. 9 ATTACHMENT"A" INSTRUCTIONS TO CONTRACTORS * I. BID GUARANTY: Each bid must be accompanied either by a cashier's check upon an incorporated bank or trust compan bid bond with corporate surety satisfactory to the City of Ocoee, for not less than five percent ItiO,f the amount of the bid. A combination of any of the former is not acceptable; bid guaranty s a I be a single, acceptable instrument. The City will accept only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida,and as are acceptable to the City. Such check or Bid Bond shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid for a period of at least forty-five(45)days after the scheduled closing time for the receipt of bids;that if his bid is accepted,he will enter into a written contract with the Owner in accordance with the form of agreement as specified in the Bid Solicitations, and that the required Payment and Performance Bonds will be given within the prescribed period of time as set forth in the specifications. In the event of the withdrawal of said bid within said period of time, or failure to enter said Agreement and give said bond within ten (10) days after he has received notice of acceptance of his bid,the Bidder shall be liable to the Owner for the full amount of the bid guaranty as representing the damage to the Owner because of default of the bidder in any particular hereof. The forfeiture of the bid guaranty shall be considered not as a penalty, but in liquidation of damages sustained. The bid bonds or checks shall be returned to all except the three apparent lowest bidders after the formal opening of the bids. The remaining bid bonds or checks will be returned to the apparent lowest bidders after the Owner and the accepted bidder have executed the Agreement and Payment and Performance Bonds have been approved by the Owner. If the required Agreement and Bonds have not been executed within at least forty-five(45)days after the date of the award of bids, then the bid bond or check of any bidder will be returned upon his request; provided he has not been notified for the acceptance of his bid prior to the date of such request. NOTICE: The bid bond must be signed by a Florida Licensed Resident Agent who holds a current Power of Attorney from the Surety Company issuing the bond. On some projects, Bidder may be requested to hold his bid prices for a period of longer than forty-five (45) days, if in this event he is so requested, special attention will be called to the fact in the specifications. X2. PERFORMANCE AND PAYMENT BONDS The Contractor shall furnish the city with a State of Florida 0% Performance and a 100% Payment Bond written by a Surety Company acceptable to the City and author ze to do business in the State of Florida and signed by a Florida Licensed Resident Agent. The cost of the Payment and Performance Bonds shall be borne by the Contractor. The bonds shall be accompanied by a duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds. In the usual case,the conferring of that authority has occurred prior to the date of the Bonds and the document showing the date of appointment and enumeration of powers of the person executing the bonds is accompanied by a certification that the appointment and powers have not been revoked and remain in effect. The date of that certification cannot be earlier than the Agreement. 10 3. EXECUTION OF AGREEMENT AND BOND Agreement between Owner and Contractor: The Contractor shall execute all required forms of the Agreement (if applicable) and return within ten (10) days of their receipt. Failure to return all forms correctly executed within ten (10) days of receipt, without written extension by the Owner otherwise, shall constitute an irregularity and deemed grounds, at the Owner's option, for rejection and forfeiture of Bid Bond. If the Contractor be an individual,the Agreement shall be signed with his manual signature. If the Contractor is a firm or company owned by an individual, the Agreement shall be executed in the name of the fir or company by the manual signature of the Owner. If the Contractor be a Partnership, the Agreement shall be executed in the name of the partnership by the manual signature of partner or partners. If the Contractor is a Corporation, the Agreement shall be executed in the name of the Corporation and shall bear the corporate seal. It may be signed for the Corporation by the President and attested by the Secretary; if signed for the Corporation by any other officer than the President, the signature of such officer signing shall be attested by the Secretary, and the executed agreement shall be accompanied by a duly authenticated document bearing the seal of the corporation authorizing the Board of Directors to designate such officer and copy of the resolution designating and authorizing him to execute on behalf of the corporation. That document must contain a statement that the authority is in effect on the date of the execution of the contract, and may not be dated earlier than the date of the execution of the agreement. The same officer may not execute the Agreement and authenticate the document of authority. Performance and Payment Bonds: These bonds shall be executed in behalf of the Contractor in the same manner and by the same person who executed the Agreement. NOTE: IN THE SPECIFICATIONS, WHEREVER IT IS CALLED OUT THAT THE CITY WILL PERFORM CERTAIN WORK, THE CONTRACTOR AND THE CITY DESIGNEE SHALL COORDINATE WORK FORCES SO THAT THERE WILL BE NO CO-MINGLING OF CITY OR CONTRACTOR WORK FORCES. 4. CONTRACTOR'S INSURANCE The Contractor shall not commence any work in connection with this Agreement until he has obtained all of the following types of insurance and such insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida and which maintain a Best's Rating of"A"or better and a Financial Size Category of"VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S.440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. b) Workers' Compensation Insurance: The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of his employees connected with the work of this project and, in any case any work is sublet, the Contractor shall require the 11 subcontractor similarly to provide Workers' 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 fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of his employees not otherwise protected. c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of this Agreement COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by himself or by anyone directly or indirectly employed by him,and the amounts of such insurance shall be the minimum limits as follows: I) BODILY INJURY LIABILITY • $100,000 operations each claim person • $100,000 completed operations each claim per person 2) AUTOMOBILE PROPERTY DAMAGE LIABILITY ♦ SI00,000 each claim per person 3) PROPERTY DAMAGE LIABILITY(other than automobile) ♦ $100,000 each claim per person ♦ $300,000 operations per claim ♦ $300,000 protective per claim(covering subcontractors) • $300,000 contractual per claim d) Subcontractor's Public Liability and Property Damage Insurance: The Contractor shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy,as specified above. e) Owner's Protective Liability Insurance: The Contractor shall procure and furnish an Owner's Protective Liability Insurance Policy with the following minimum limits: I) BODILY INJURY LIABILITY • $100,000 each claim per person 2) PROPERTY DAMAGE LIABILITY • $100,000 each claim per person 0 Contractual Liability - Work Contract: The Contractor's insurance shall also include contractual liability coverage. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE,THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. g) Certificates of Insurance: Certificate of Insurance Form will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Buyer. This certificate shall be dated and show: I) The name of the Insured contractor, the specific job by name and job number, the name of the insurer,the number of the policy, its effective date, its termination date. 2) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. 12 SCOPE OF WORK/SPECIFICATIONS/BID SHEET B99-05 LAWN MAINTENANCE The Contract term for B99-05 Lawn Maintenance will be for one (1) year from award of Contract with no price adjustments allowed during the first year; after which time, the Contract shall run for an additional two (2), one (1) year terms with price adjustments allowed prior to each annual year, for a total of three (3) years. Price adjustments after the first year must be submitted in writing at least (60) sixty days prior to the start of the new year's Contract with explanations stated for the price adjustment. The City reserves the right to cancel the Contract upon (30) thirty days written notice. All questions/concerns shall be directed, in writing, at least (10) ten days prior to bid opening date, to Joyce Meridith, Buyer, up to award of this contract, (407)656-2322 ext. 190 or fax (407)656-7835. Any contact with any other member of the City Staff, Commission, or its Agents during this time period may be grounds for disqualification. UTILITIES Section I-Lawn Maintenance Locations: 1800 A.D. Mims Rd. - Wastewater Treatment Plant X 581 Maguire Rd. - South Water Plant 8591 Hackney Prairie Rd. - Forest Oaks Water Plant 401 Kissimmee Ave. - Abandoned water plant site 1108 Jamela Ave. - Jamela Water Plant Mowing All turf areas every 7 days during the growing season of April 1 through October 31. From November 1 through March 31 twice per month. Edging All curbs, sidewalks, driveways and plant beds will be done every time the turf is mowed. Trimming All shrubs and hedges to be trimmed as necessary to maintain an attractive and well kept appearance. Weed Control Applications of herbicides, or as required the use of hand weeding as often as necessary to keep flower beds, curbs, Fence lines, tree trunks, etc. weed free as possible. General Clean Up and Policing The sweeping, blowing, and or vacuuming of all patios, walks, curbs, driveways, etc. after each maintenance process. Policing of turf before mowing process is started is required. Irrigation System Any damages caused by the maintenance process will be repaired immediately at the contractor's expense. .f ; §g ';sW;;;147 .1;li o a ho �atm•Mf ;e e. Twenty nine thousand one hundred dollars & no cents; twenty four $ 29, 124 , 00 Section II--Bush Hogging Locations Abandoned Wastewater Plant site on Sleepy Harbour Dr. Abandoned M&M Wastewater Plant site on Palm Dr. Abandoned Spray irrigation site on Montgomery Ave. Mowing Monthly basis April through October. Every other month November through March.h / L }`vs5ri�k; ' thl: 41J.p 81.1ne')VS/.t:, ' . f a „ i;.w • Eight hundred twenty seven dollars & no cents; $ 827 00 2 Section III-Easements Monthly required when mowing easements or string trimming. The use of herbicides are allowed with the contractor being responsible for any damage to adjacent properties. Weeds and grasses shall be reduced to a minimum height of 3". Locations Easements are located throughout the city. The easements vary in width between 8' to 10' and have a total length of 11,485 feet. cost ei awr n en ce" I hie nent qrr one" 'ee, ` H t ,l , ..ywiL+. a.e $rcai n .Y. 1 One thousand two hundred sixty eight dollars & no cents; 1,268 00 Section IV-Discing Location Twice per year. There are 3 - 2 %, acre ponds which are located at the Forest Lake Golf Course and the Wastewater Treatment Plant fkf>'G,..s°01E C alt' );.• ,F t Two hundred eighty five dollars & no cents; 285 . 00 STORIV wATER Section V-Retention Ponds Locations 1. Saw Mill North 2. Saw Mill West 3. Saw Mill Front 4. Saw Mill South 5. Nicole East End of Nicole 6. Nicole West of Shari Lynn Tern South of Nicole 7. Forest Oaks 8. Carriage Oaks 3 9. Clarke Rd. & A.D. Mims 10. Parkside 11. Coventry North 12. Hidden Glen 13. Russell Dr. 14. Little Spring Hills 15. Juarez & Little Spring Hill 16. South of#9 on Clarke Rd. 17. Coventry South 18. South of#16 on Clarke Rd. 19. Bulldog Field 20. Burnt Tree 21. Richfield Sub. 22. Silver Glen 23. Little League Field 24. Security Circle 25. West Waterside 26. East Waterside 27. Reba Ave. 28. Roberts Rise North 29. Roberts Rise South 30. Charleon & Ocoee Hills Rd. North 31. Charleon & Ocoee Hills Rd. South 32. Hawthorne Cove West of Olympus Dr. 33. Olympus Dr. West Side 34. Olympus Dr. East Side 35. North Bowness Rd. 36. Clarke Rd. East Side South of Silver Star Rd. 37. Veronica Place 38. Hidden Oaks Delaware West End 39. Orlando Ave. & Sleepy Harbour Dr. 40. East & West Harbor Ct. 41. Columbus St. South of Orlando Ave. 42. Chicago Ave. & Jackson St. At Tiger Minor Park 43. Chicago Ave. & Jackson St. East of Sleepy Harbour Dr. 44. Clarke Rd. West Side North of S.R. 50 45. Clarke Rd. East Side South of Ocoee Clarcona Rd. 46. Clarke Rd. West Side East of Lake Meadow 4 47. Clarke Rd. East Side West of Prairie Lake 48. Clarke Rd. Fire Station #4 49. White Rd. North Side West of Clarke Rd. 50. White Rd. North Side West of Clarke Rd. 51. City Hall 52. Mane St. North of S.R. 50 53. City Wastewater Plant North of A.D. Mims Rd. 54. City Wastewater Plant North of A.D. Mims Rd. 55. Water Plant East of Maguire Rd. Pick up all trash before mowing, mow all grass areas twice per month during the growing season of April 1 through October 31. Monthly during the off- season of November 1 through March 31. Repair fences, as needed. Weedeat all fences, inlets, pipes, culverts, outfall structures, etc. twice per month. Clean all inlets, grates, skimmers, and structures of trash twice per month. Edge all sidewalks that run along ponds, if any, and pick up trimmings twice per month. Keep all trees, plants, etc. trimmed and pick up all trimmings. Keep all eroded areas repaired. Report any problems and keep a written daily log of all activities and turn in to the Streets and Stormwater Supervisor twice per month. itniS i'on _' . (a D .t far `; y . x{11'f, ; t k 3 Twenty four thousand seven hundred dollars & no cents; ninety one $ 24,791 00 • MUNICIPAL COMPLX/FIRE STATIONS Section VI-Lawn Maintenance Locations X City Hall Police Department Community Center/Starke Lake Park Area Withers-Maguire House )(Fire Station #1, Bluford Ave. XFire Station #3, Maguire Rd. 5 h Fire Station #4, Clarke Rd. Mowing All turf areas every 7 days during the growing season of April I through October 31. From November 1 through March 3I twice per month. Edging All curbs, sidewalks, driveways and plant beds will be done every time the turf is mowed. Trimming All shrubs and hedges to be trimmed as necessary to maintain an attractive and well kept appearance. Weed Control Applications of herbicides, or as required the use of hand weeding as often as necessary to keep flower beds, curbs, Fence lines, tree trunks, etc. weed free as possible. General Clean Up and Policing The sweeping, blowing, and or vacuuming of all patios, walks, curbs, driveways, etc. after each maintenance process. Policing of turf before mowing process is started is required. Irrigation System Any damages caused by the maintenance process will be repaired immediately at the contractor's expense. � . 3 :'n'; Eleven thousand eight- hundred dollars & no cents; thirty five $ 11,835 . 00 6 vS4 �#7n� iU�=T" � a2drld)1L�.7 t a. �tydC r� •, ._ r'r * .z'. Six thousand two hundred thirty three dollars & no cents; $ 6.233 • 00 T 70 S: OR"r 1 g% sEAR O O „ I 'J ti Seventy four thousand three hundred dollars & no cents; sixty three $ 74,363 . 00 Note: Please see attached map for approximate locations of properties. CODE ENFORCEMENT S ALTERNATE NO. I: t 7104.1ill e v: l w e Ott a °r ,F -; d° ... Twenty six dollars & no cents; $ 26 . 00 per acre. ALTERNATE NO. 2: Two hundred dollars & no cents; $ 200 no per ton. 7 THE AMERICAN INSTITUTE OF ARCHITECTS Who w ,;ors PA6077180 AMA Document A3/2 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Groundtek of Central Florida, Inc. The Insurance Company of the State of Pennsylvania 862 Maguire Rd. 2023 Rt. 70 West Ocoee, Florida 34761 Cherry Hill, New Jersey 08002 OWNER(Name and Address): City of Ocoee, Florida 150 North Lakeshore Drive Ocoee, Florida 34761 CONSTRUCTION CONTRACT Date: April 20, 1999 Amount: $74,363.00 Description(Name and Location): Lawn Maintenance- Lawn Maintenance at Wastewater Treatment Plant Forest Oaks Water Plant, Abandoned Water Plant Site & Lamela Water Plant-Project Nr 99-05 BOND Date(Not earlier than Construction Contract Date): April 20, 1999 Amount: $74,363.00 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Grountek of Central FI , Inc. The Insurance Company of the State of Pennsylvania Signature: Signature: /')'✓Pi . K) ' Name and tie: HECTOR B RI Name and Title: A.M. DiGeronimo Corp. Vice President Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: National Surety Services, Inc. OWNER'S REPRESENTATIVE(Architect, Engineer or 1534 Dunwoody Village Parkway, Suite 220 other party): 150 N Lakeshore Dr, Ocoee,FL Atlanta Georgia 30338 (770) 394-9444 150 N Lakeshore Dr, Ocoee, FL 'This document has been reproduced electronically with the permission of The American Institute of Architects under license number 97020-1009 to National Surety Services, Inc., which expires September 9, 1999. Reproduction of this document after that date or without project specific information is not permitted? NA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1954 ED. • AIAH2 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N W., WASHINGTON, DC. 20006 A312-1984 1 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety,jointly and severally, which it may be liable to the Owner and,as soon bind themselves, their heirs, executors, administrators, as practicable after the amount is deter- mined, successors and assigns to the Owner for the performance of tender payment therefor to the Owner;or the Construction Contract, which is incorporated herein by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as 5 If the Surety does not proceed as provided in Paragraph provided in Subparagraph 3.1. 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an 3 IC there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this 3.1 The has notified Contractor and the Bond, and the Owner shall be entitled to enforce any remedy Surety.1t Owner address described iedd thein CoParagrapht t 10 belowe available to the Owner. If the Surety proceeds as provided in that the Owner is considering declaring a Contractor Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in Default and has requested and attempted to arrange a part, without further notice the Owner shall be entitled to conference with the Contractor and the Surety to be held enforce any remedy available to the Owner. not later than fifteen days after receipt of such notice to discuss methods of performing the Construe- tion 6 After the Owner has terminated the Contractors right to Contract. If the Owner, the Contractor and the Surety complete the Construction Contract, and if the Surety elects agree, the Contractor shall be allowed a reason- able to act under Subparagraph 4.1, 4.2, or 4.3 above, then the time to perform the Construction Contract, but such an responsibilities of the Surety to the Owner shall not be agreement shall not waive the Owners right, if any, greater than those of the Contractor under the Construction subsequently to declare a Contractor Default; and d Contract, and the responsibilities of the Owner to the Surety 3.2 The Owner has declared a Contractor Default and shall not be greater than those of the Owner under the formally terminated the Contractors right to complete Construction Contract. To the limit of the amount of this the contract. Contractoro to not b de- Bond, but subject to commitment by the Owner of the ered earlier Suchh onty days Defaultfr theshall Contractort and Balance of the Contract Price to mitigation of costs and the Surety have received notice as provided in Sub- obmages the Construction Contract, the Surety is paragraph 3.1;and obligated without duplication for: The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc- 3.3lion of defective work and completion of the Construe- Contract Price to the Surety in accordance with the non Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Pam- under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages,or if no liquidated damages are 4.1 Arrange for the Contractor, with consent of the specified in the Construction Contract, actual dam- ages g caused by delayed perfomtance or non-perfor- mance of Owner, to perform and complete the Construction the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construe- Lion Contract itself, through its agents or through rode- Construction o str icti of the Contract,C and theey that are unrelated to the pendent contractors;or shall not beruced ore Balance of the Contract such shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on this qualified contractors acceptable to the Owner for a Bond to any person or entity other than the Owner or its contract for performance and completion of the Con- heirs,executors,administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change, pared for execution by the Owner and the contractor including changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount 9 Any proceeding, legal or equitable, under this Bond of damages as described in Paragraph 6 in ex- cess of may be instituted in any court of competent jurisdiction in the Balance of the Contract Price incurred by the Owner the location in which the work or part of the work is local-ed resulting from the Contractor's default;or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or .1 After investigation,determine the amount for nn prohibited by law, the minimum period of limitation avail-as AIA DOCUMENT A312 • PIIRFORMANCV ISOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, I735 NEW YORK AVE, N W., WASHINGTON. D.C. 20006 A312-1984 2 TIIIRD PRINTING • MARCH i%7 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by the shall be applicable. Owner in settlement of insurance or other claims for 10 Notice to the Surely, the Owner or the Contractor damages to which the Contractor is entitled,re- diced shall be mailed or delivered to the address shown on the by all valid and proper payments made to or on behalf signature page. of the Contractor under the Construction Con- tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this Bond which has neither been remedied nor waived, to per- shall be construed as a statutory bond and not as a common form or otherwise to comply with the terms of the law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments have thereof. been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • MA THE AMERICAN INSTITUTE OF ARCHITECTS, 1]35 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS NOM PA6077180 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Groundtek of Central Florida, Inc. The Insurance Company of the State of Pennsylvania 862 Maguire Rd. 2023 Rt. 70 West Ocoee, Florida 34761 Cherry Hill,New Jersey 08002 OWNER(Name and Address): City of Ocoee, Florida 150 North Lakeshore Dr. Ocoee, Florida 34761 CONSTRUCTION CONTRACT Date: April20, 1999 Amount: $74,363.00 Description(Name and Location): Lawn Maintenance -Lawn Maintnenance at Wastewater Treatment Plant Forest Oaks Water Plant, Abandoned Water Plant Site &Lamela Water Plant -Project Nr 99-05 BOND Date(Not earlier than Construction Contract Date): April 20, 1999 Amount: $74,363.00 Modifications to this Bond: IJ None ❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Groundtek of Central Ion , Inc The Insurance Company of the State of Pennsylvania Signature: ,%TiriA4 Signature: n . / J y w.------ Name an Itle: HECTOR BORI Name and Title: A.M. DiGeronimo Corp. Vice President Attorney-In-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: National Surety Services,Inc. OWNER'S REPRESENTATIVE(Architect, Engineer or 1534 Dunwoody Village Parkway, Suite 220 other party): 150 N Lakeshore Dr, Ocoee, FL Atlanta, Georgia 30338 (770) 394-9444 150 N Lakeshore Dr, Ocoee, FL AlA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety,jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the Surety's successors and assigns to the Owner to pay for labor, expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo-rated 6.1 Send an answer to the Claimant, with a copy to the herein by reference. Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for 2 With respect to the Owner,this obligation shall be null challenging any amounts that are disputed. and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly,for amounts, all sums due Claimants,and 7 The Surety's total obligation shall not exceed the 2.2 Defends,indemnifies and holds harmless the Owner amount of this Bond, and the amount of this Bond shall be from claims, demands, liens or suits by any person or credited for any payments made in good faith by the Surety entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment Cur- nished 8 Amounts owed by the Owner to the Contractor under for use in the performance of the Construction Contract, the Construction Contract shall be used for the perfor- provided the Owner has promptly notified the mance of the Construction Contract and to satisfy claims, if Contractor and the Surety (at the address any, under any Construction Performance Bond. By the described in Paragraph 12) of any claims, demands, Contractor furnishing and the Owner accepting this Bond, liens or suits and tendered defense of such claims, they agree that all funds earned by the Contractor in the demands, liens or suits to the Contractor and the Surety, performance of the Construction Contract are dedicated to and provided there is no Owner Default. satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use 3 With respect to Claimants,this obligation shall be null the funds for the completion of the work. and void if the Contractor promptly makes payment, directly or indirectly,for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat-ed under this Bond until: to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim-ant under 4.1 Claimants who are employed by or have a direct this Bond, and shall have under this Bond no obligations to contract with the Contractor have given notice to the make payments to, give notices on behalf of, or otherwise Surety (at the address described in Paragraph 12) and have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy,the amount of the claim. including changes of time,to the Construction Contractor to 4.2 Claimants who do not have a direct contract related subcontracts,purchase orders and other obligations. with the Contractor: .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy,or notice thereof, to the under this Bond other than in a court of competent juris- Owner, within 90 days after having last diction in the location inwhich the work or part of the work performed labor or last furnished materials or is located or after the expiration of one year from the date equipment included in the claim stating, with (I) on which the Claimant gave the notice required by substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the whom the labor was done or performed; and Construction Contract, whichever of(1) or (2) fist occurs. If the provisions of this Paragraph are void or prohibited by .2 Have either received a rejection in whole or in law, the minimum period of limitation available to sureties part from the Contractor, or not received as a defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim 12 Notice to the Surety, the Owner or the Contractor will be paid directly or indirectly;and vvv shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 days, Owner or the Contractor, however accomplished, shall be have sent a written notice to the Surety (at the sufficient compliance as of the date received at the address described in Paragraph 12) and sent a address shown on the signature page. copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and 13 When this Bond has been furnished to comply with a enclosing a copy of the previous written notice statutory or other legal requirement in the location where the furnished to the Contractor. construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall be dent compliance. deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • PIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORX AVE., NW., WASHINGTON, D.C. 20006 A312-1984 5 THIRD PRINTING • MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law pond_ services required for performance of the work of the 14 Upon request by - Contractor and the Contractor's subcontractors, and all p q any person or entity appearing to be other items for which a mechanics lien may be asserted a potential beneficiary of this Bond, the Contractor shall in the jurisdiction where the labor, materials or promptly furnish a copy of this Bond or shall permit a copy equipment were furnished. tobe made. 15 DEFINITIONS15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature 15.1 Claimant: An individual or entity having a direct page, including all Contract Documents and changes contract with the Contractor or with a subcontractor of thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner, which has ment for use in the performance of the Contract The intent of this Bond shall be to include without lint- tractor been remedied nor waived, to pay the Con- flation in the terms "labor, materials or equipment' that tractor as required by the Construction Contract or to part of water, gas, power, light, heat, oil, gasoline, perform and complete or comply with the other terms telephone service or rental equipment used in the thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR OlR AS PRI NCI BA I- SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: _ Signature: _. Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1981 ED. • AIA GD ME AMERICAN INSn111 F. ur AR( HI lir IS. V1S NEW YORK Avr. N.N.. wAsmNCTON, ur. 2OWb A312-1984 6 I HIRD PRINTN(i • MARCH 19W? The Insurance Company of the State of Pennsylvania POWER OF ATTORNEY New Hampshire Insurance Company PA6077 180 Principal Bond Office: 70 Pine Street, New York, NY 10270 No. (Void unless numbered in red) KNOW ALL MEN BY THESE PRESENTS, that THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and NEW HAMPSHIRE INSURANCE COMPANY have made, constituted and appointed, and by these presents does make, constitute and appoint A.M. DiGeronimo of Atlanta,GA its ttue and lawful attorney-in-fact, for it and in its name,place,and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ******Three Million Dollars ($3,000,000.00) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of January. 1998. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney, qualifying the attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship: and that an Assistant Vice President, a Secretary or an Assistant Secretary be. and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In witness Whereof, The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents. The Insurance Company of the State of Pennsylvania S New Hampsshire Insurance Copany gym, David I. Wa , Senior Vice President STATE OF NEW YORK) LUCILLE SALERNO COUNTY OF NEW YORK) ss: Notary Public State of New York No. 01 SA4974380 On this 5th day of January 1998 before me came the above Guaiifled it Suff Ik County named officer of The Insurance Company of the State of Commission Expires// �3/93' Pennsylvania and New Hampshire Insurance Company, to /1q / me personally known to be the individual and officer described herein, and acknowledged that he executed the NOTARY SIGNATURE AND foregoing instrument and affixed the seals of said corpora- SEAL (REQUIRED) Lions thereto by authority of his office. i. Elizabeth Tuck, Secretary of The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company do hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and therefore that the Resolutions of the Board of Directors, act forth in the said Power of Attorney, is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation v,14p ++e„� this20 tth�`�day ofAlpril 1999 Elizabeth M. Tuck, Secretary 7180 67381 (296) AIDORD® ~CERTIFICATE OF LABILITY INSUR.ANCE DA0TE I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE POE& BROWN, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2600 Lake WNen Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 100 COMPANIES AFFORDING COVERAGE Maitland FL 32751-7234 COMPANY A Westfield Insurance Co INSURED COMPANY Groundtek of Central R, Inc B 862 Maguire Road COMPANY Ocoee FL 34761 C COMPANY D COVERAGES'-- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF MSUTWlc€ POLICY EFFECTIVE POLICY E%PI A11N UNITS LTq POLICY NUMBER DATE DAMND/r0 DATE IMMNDNYI A GENERAL LABILITY GNP 3 582 137 07/14/98 07/14/99 GENERAL AGGREGATE S 1,000,000 • X WMMERCAL GENERAL LABILITY PRODUCTS-COMROP AGG S 1,000,000 CLAIMS MADE n OCCUR PERSONAL 8 AOV INJURY $ 1,000,000 OWNERS b CONTRACTORS PROT EACH OCCURRENCE E 1,000,000 . FIRE DAMAGE(Axe one MO S 50,000 MEDE%P(My Gee Fesonl S 5,000 A AUTOMOBILE LIABILITY GNP 3 582 137 07/14/98 07/14/99 X ANY AUTO COMBINED SINGLE LIMIT E 500,000 — AU.OWNED AUTOS SCHEDULED AUTOS BODILY INJURY 5 _ (Per perm) _ HIRED AUTOS Y INJ FgNOWNEO AUTOS ��evdeenp Y S PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E — ANY AUTO OTHER TIVJJ AUTO ONLY: EACH ACCIDENT 5 AGGREGATE 5 EXCESS LABILITY EACH OCCURRENCE E UMBRELLA FORMR AGGREGATE S OTHER THAN UMBRELLA FORM 5 RS COMPENSATION AND WC STATLL WORKERS S LABILITYTORY LIMITS THE PROPRIETOR? EACH ACCIDENT 5 PARTNERS/EXECUTIVE INCL EL DISEASE POLICY LIMIT S OFFICERS ARE E%G EL DISEASE EA EMPLOYEE E OTHER A Rental Equipment-$130,000 ONP 3 582 137 07/14/98 07/14/99 Special Form Inc) A Scheduled Equip-Various Theft A Business Contents $10,000 Deductible-Various ESCRIPWN OF OPERATIONMOCATIONSNEHICLf&SPECIAL ITEMS ortract a99-05 Lawn Maintenance Certificate Holder is additional insured with respects to General Liability CERTIFICATEiHOCDER,;. • . . .CANCELLATION r 5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE city Oc000 EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Joyce MBrY1ith 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 150 N. Lakeshore Dr. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY Ocoee FL 34761-2258 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. MD SENTATWE .ACDfiD !(U85Jnf4r: . SAT A Wrt.f ' t -.:..- .._ - , .. . - ,n_..,. .. _. ::0'::A RDA P.ORL�TIOIT$I988�'-Sqk,? Certificate of Insurance 11114(IIum11C Al IIS ISSUED AS A MATTER OE INFORMATION ONLY AND(ONITIIR. NO 111CIIISI.I'r IN 11111111E r 1 RI 111( MI-11011)IA I IIISUI RI IRGAIL G NO I AN INMIRAN(1l POI Icy AND Ix WSNOI AMI ND,I.X IENISOR All R 1H4(YIA'61tA(L.LLTHFDPI 11it 11111OI ICiIS LISTED BELOW. This is to Certify that _ Groundtek of Central Florida, Inc. ter. 862 Maguire Road Name and p Ocoee, FL 34761 MUTUAL address of LIBERTY � i . . Insured. 1 Is, at the issue date of this certificate. insured by the Company under the policy(ies)listed below. The insurance afforded by the listed policy(ies) is subject to their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which thi certificate may be issued — ENT.OATE I. ❑CONTINUOUS TYPE OF POLICY ❑EXTENDED POLICY NUMBER LIMIT OF LIABILITY ®POLICY TERM WORKERS 5/3/99 WC2-151-271142-018 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY COMPENSATION 1. LAW OF THE FOLLOWNG STATES - :. Florida 'Bodily Injury By Accident $100,000 Each • Accident !Bodily Injury By Disease 6500,000 poecy Limit Bodily Injury By Disease i 6100,000 Each Person GENERAL LIABILITY General Aggregate-Other than Products/Completed Operations • • ❑ OCCURRENCE Products/Completed Operations Aggregate ❑ CLAIMS MADE • Bodily Injury and Property Damage Liability Per o II ¢u«ence I Personal Injury F-_--- 1 Per Person/ ETRO DATE H Organization I 'Other �Other AUTOMOBILE LIABILIT I • Each Accident-Single Limit B.I.and P.D.Combined ❑ OWNED Each Person ❑ NON-OWNED Each Accident or Occurrence ❑ HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS Re: Contract 99-05 Lawn Maintenance •If the Certificate expiration date i continuous or extended term.you will be notified II coverage 9 terminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO: ANY PERSON WHO.WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER.SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS IN THE EVENT YOU HAVE ANY QUESTIONS DR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON.PLEASE CONTACT YOUR LOCAL SALES PRODUCER.WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW) BEFORE Liberty Mutual Group THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED 7�j(y,� /� UNDER THE SUCHABOVE Cy of IES TION L HATS LEAST 30DT DAYS '-�2 I✓V-�'� V NOTICE OF CANCELLATION HAS BEEN MAILED TO City of Ocoee CERTIFICATE Attn: Joyce Meridith er -_- -__-_-- HOLDER 150 No. Lakeshore Drive AUTHORIZEDDREPRESENTATIVE Orlando, FL (800)968-1251 04/06/99 Ocoee, FL 34762-2256 OFFICE PHONE NUMBER DATE ISSUED Bsn2A R12 This certificate is tear uteri lie I HD-ACV MUTUAL CROUP u+respects such insurance as is affordedLy Those Companies BS7721.R'_