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HomeMy WebLinkAboutItem #12a City Wide Right of Way Mowing Contract - Ground Tek AGENDA ITEM COVER SHEET Meeting Date: September 5, 2006 Item # I~ (l,. Contact Name: Contact Number: Stephen C. Krug 6002 Reviewed By: Department Director: City Manager: ~ L- A/:C ~ ; / Subject: $273,877.38 for City Wide Right-Of-Way Mowing and General Mowing Contract with GroundTek. Background Summary: The City has terminated the mowing and landscape maintenance contract with the previous contractor due to nonperformance. Due to the emergency nature of securing reliable continued service, the mowing portion of the contract has been separated out for pricing by a contractor specializing in this type of maintenance. Staff approached GroundTek, an Ocoee company, as they were the second bidder on the terminated contract along with holding the previous mowing contract. The contractor requested a one-year contract to provide the emergency work at the best possible price. The City will begin the re-bid process for this work in six months. Issue: Award a 12-month contract to give City the benefit of lower rates on the emergency purchase order. Recommendations Recommend award of a 12-month landscape maintenance contract with Groundtek of Central Florida, Inc., an Ocoee, Florida company with corporate offices located at 862 Maguire Road. Attachments: Agreement For General Mowing & Landscaping Term Contract for roadways. Agreement For General Mowing & Landscaping Term Contract for ponds and City facilities. Financial Impact: This work is adequately funded in the 06/07 budget. Type of Item: o Public Hearing o Ordinance First Reading o Ordinance First Reading o Resolution o Commission Approval o Discussion & Direction For Clerk's Deot Use: o Consent Agenda o Public Hearing i:8J Regular Agenda D Original Document/Contract Attached for Execution by City Clerk D Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) [8J N/A o N/A o N/A Commissioners Danny Howell. District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Nancy J. Parker. District 4 Mayor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT TO: The Honorable Mavor and City Commissioners FROM: Stephen C. Krug, Director of Public Works DATE: September 5, 2006 RE: $273,877.38 for City Wide Right-Of-Way and General Mowing Contract with GroundTek ISSUE Should the Honorable Mayor and City Commission approve a one year right-of-way and general mowing contract with GroundTek? BACKGROUNDIDISCUSSION The City has terminated the mowing and landscape maintenance contract with the previous contractor due to nonperformance. Due to the emergency nature of securing reliable continued service, the mowing portion of the contract has been separated out for pricing by a contractor specializing in this type of maintenance. Staff approached GroundTek, an Ocoee company, as they were the second bidder on the terminated contract along with holding the previous mowing contract. The contractor requested a one-year contract to provide the emergency work at the best possible price. The City will begin the re-bid process for this work in six months. This work is adequately funded in the 06/07 budget Mayor S. Scott Vandergrift ceuter of Good L . <\.~e Jf7i~ Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 City Manager Robert Frank AGREEMENT FOR GENERAL MOWING & LANDSCAPING TERM CONTRACT THIS AGREEMENT FOR GENERAL MOWING & LANDSCAPING TERM CONTRACT (this "Agreement") is made this 24th day of August. 2006, 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 862 Maguire Rd. Ocoee. FI. 34761 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City desires to enter into an Agreement with the Contractor to perform the work set forth in that certain Invitation to Bid #B05-15 (the "Work"), 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, labor, supervision, and consumables to complete the Work. Section 2. Term of Agreement. This Agreement shall consist of one (1) consecutive one (1) year term (12 months), with the first one (1) year term beginning on September L 2006 (the "Effective Date"). City ofOcoee' 150 N Lakeshore Drive' Ocoee, Florida 34761 phone: (407) 905-3100' fax: (407) 656-8504' www.ci.ocoee.tl.us 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. 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. All invoices must be clearly marked: City Agreement #B05-15, General Mowing & Landscaping Term Contract. 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 City that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. 5) 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 BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT 2 the effective date of termination and other reasonable costs associated with the termination. c. 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 MERCHANT ABLE AND BE FIT FOR THE PURPOSE INTENDED. THE CONTRACTOR SHALL BE INCIDENTAL OR CONSEQUENTIAL RESULTING FROM ANY WORK AGREEMENT. LIABLE FOR SECONDARY, DAMAGES OF ANY NATURE PERFORMED UNDER THIS D. 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 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 ofthe City. E. Indemnification. To the fullest extent provided by law, Contractor shall indemnify, defend and hold harmless the City and all of its officers, agents and employees from all claims, loss, damage, cost, charges or expense including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor, its agents, employees, or subcontractors during the performance of the Agreement. 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 BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT 3 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. F. 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. In the event that Contractor fails to timely mow or otherwise maintain a portion of the work, then the City, at its sole discretion and without waiving any other rights or remedies under this Agreement, may deduct from any amounts due under this Agreement, the actual cost paid by the City to a third party to perform the work. If the City performs such work with its own personnel then the City may deduct from any amounts due under this Agreement such amount equal to what the Contractor would have charged for doing the work, plus 15% of such amount. G. 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. H. 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. I. 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. J. 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. K. Price Adjustments. For the second and third one (1) year terms of this Agreement, the contract prices will be automatically adjusted up 3% upon each renewal. If the Contractor proposes to make a price adjustment higher than 3%, 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 one hundred-twenty (120) 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. BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT 4 L. 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. 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. BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT 5 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. Print Name: CONTRACTOR: GroundTek of Central Florida, Inc. , a Florida corporation By: Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2006 by as of , a Florida corporation, on behalf of the corporation. He/she 0 is personally known to me, or 0 has produced as identification. Signature of Notary Public - State of Florida Name of Notary (Print, Type, or Stamp) Commission Number (if not legible on seal):, My Commission Expires (if not legible on seal):_ BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT 6 CITY: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2006. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON N/A UNDER AGENDA ITEM NO. N/A FOLEY & LARDNER, LLP By: City Attorney 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 ,2006. 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): BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT 7 Exhibit A 4 Pond 1 Public Mowing $69 $828 GroundTek Works 5 Pond 2 Public Mowing $69 $828 GroundTek Works 6 Pond 3 Public Mowing $69 $828 GroundTek Works 7 Pond 4 Public Mowing $69 $828 GroundTek Works 8 Pond 5 Public Mowing $69 $828 GroundTek Works 9 Pond 6 Public Mowing $69 $828 GroundTek Works 10 Pond 7 and area between Public Mowing $69 $828 GroundTek pond & lake, area between Works pond and homes 11 Pond 8 Public Mowing $69 $828 GroundTek Works 12 Pond 9 Public Mowing $69 $828 GroundTek Works 13 Pond 10 Public Mowing $69 $828 GroundTek Works 14 Pond 11 Public Mowing $69 $828 GroundTek Works 15 Pond 12 Public Mowing $69 $828 GroundTek Works 16 Pond 13 Public Mowing $69 $828 GroundTek Works 17 Pond 14 Public Mowing $69 $828 GroundTek Works 18 Pond 15 Public Mowing $69 $828 GroundTek Works 19 Pond 16 Public Mowing $69 $828 GroundTek Works 20 Pond 17 Public Mowing $69 $828 GroundTek Works 21 Pond 18 Public Mowing $69 $828 GroundTek Works 22 Pond 19 Public Mowing $69 $828 GroundTek Works 23 Pond 20 Public Mowing $69 $828 GroundT ek Works 24 Pond 21 Public Mowing $69 $828 GroundTek Works 25 Pond 22 Public Mowing $69 $828 GroundTek BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT 8 Works 26 Pond 23 Public Mowing $69 $828 GroundTek Works 27 Pond 24 Public Mowing $69 $828 GroundTek Works 28 Pond 25 Public Mowing $69 $828 GroundTek Works 29 Pond 26 Public Mowing $69 $828 GroundTek Works 30 Pond 27 Public Mowing $69 $828 GroundTek Works 31 Pond 28 Public Mowing $69 $828 GroundTek Works 32 Pond 29 Public Mowing $69 $828 GroundTek Works 33 Pond 30 Public Mowing $69 $828 GroundTek Works 34 Pond 31 Public Mowing $69 $828 GroundTek Works 35 Pond 32 Public Mowing $69 $828 GroundTek Works 36 Pond 35 Public Mowing $69 $828 GroundTek Works 37 Pond 36 Public Mowing $69 $828 GroundTek Works 38 Pond 37 Public Mowing $69 $828 GroundTek Works 39 Pond 38 Public Mowing $69 $828 GroundTek Works 40 Pond 39 Public Mowing $69 $828 GroundTek Works 41 Pond 40 Public Mowing $69 $828 GroundTek Works 42 Pond 41 Public Mowing $69 $828 GroundTek Works 43 Pond 42 Public Mowing $69 $828 GroundTek Works 44 Pond 43 Public Mowing $69 $828 GroundTek Works 45 Pond 44 Public Mowing $69 $828 GroundTek Works 46 Pond 45 Public Mowing $69 $828 GroundTek Works 47 Pond 46 Public Mowing $69 $828 GroundTek Works 48 Pond 47 Public Mowing $69 $828 GroundTek Works 49 Pond 48 Public Mowing $69 $828 GroundTek Works BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT 9 50 Pond 49 Public Mowing $69 $828 GroundTek Works 51 Pond 50 Public Mowing $69 $828 GroundTek Works 52 Pond 51 Public Mowing $69 $828 GroundTek Works 53 Pond 52 Public Mowing $69 $828 GroundTek Works 54 Pond 53A Public Mowing $69 $828 GroundTek Works 55 Pond 53B Public Mowing $69 $828 GroundTek Works 56 Pond 54 Public Mowing $69 $828 GroundTek Works 57 Pond 56 Public Mowing $69 $828 GroundTek Works 58 Pond 57 Public Mowing $69 $828 GroundTek Works 59 Pond 58 Public Mowing $69 $828 GroundTek Works 60 Pond 59 Public Mowing $69 $828 GroundTek Works 61 Pond 60 Public Mowing $69 $828 GroundTek Works 62 Pond 61 Public Mowing $69 $828 GroundTek Works 63 Pond 62 Public Mowing $69 $828 GroundTek Works 64 Pond 63 Public Mowing $69 $828 GroundTek Works 65 Pond - Fire Station #1 Public Mowing $69 $828 GroundTek Works 66 Pond - Thornebrooke Public Mowing $69 $828 GroundTek Works 67 FDOT 1-SR 438 at Silver Public Mowing $69 $828 GroundTek Bend Blvd. Works 68 FDOT 2-SR 438 at Silver Public Mowing $69 $828 GroundTek Bend Blvd. Works 69 FDOT 3-SR 438 at Johio Public Mowing $69 $828 GroundTek Shores Works 70 Goodman-Kane Pond on Public Mowing $98 $1,176 GroundTek Clarke Road Works 71 Lot-201 N. Bluford Public Mowing $69 $828 GroundTek Works 72 Lot-2 E. McKey Public Mowing $69 $828 GroundTek Works 73 Lots-20&28 E. McKey Public Mowing $69 $828 GroundTek Works BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT 10 74 Lot -131 N. Cumberland Public Mowing $69 $828 GroundTek Works 75 Public Works Complex at Public Mowing $1,190 $14,280 GroundTek 301 Maguire Works 76 Lake Lily Drain Well on Old Public Mowing $69 $828 GroundTek Winter Garden Road Works 79 Woman's Club Parks Mowing $105 $1,260 GroundTek 83 Little League Field Parking Parks Mowing $68 $816 GroundT ek Lot 84 Forest Oaks Water Plant Public Mowing $635 $7,620 GroundTek Utilities 85 Wastewater Treatment Plant Public Mowing $635 $7,620 GroundTek Utilities 86 Jamela Water Treatment Public Mowing $635 $7,620 GroundTek Plant Utilities 87 South Water Plant-Maguire Public Mowing $635 $7,620 GroundTek Road Utilities 88 Lot -401 Kissimmee Avenue Public Mowing $68 $816 GroundTek Utilities 89 Lot-Old Wastewater Plant on Public Mowing $68 $816 GroundTek Sleepy Harbour Utilities 90 Spray Field on Montgomery Public Mowing $68 $816 GroundTek Avenue Utilities 91 Reclaim Water Plant- 932 Public Mowing $635 $7,620 GroundTek Maguire Road Utilities 92 Ponds A & B at Wastewater Public Mowing $98 $1,176 GroundTek Plant Utilities 93 Areas outside wastewater Public Mowing $68 $816 GroundTek plant Utilities 94 Rib Site (2 ponds) at Golf Public Mowing $98 $1,176 GroundTek Course Utilities 95 Utility Easements (various Public Mowing $425 $5,100 GroundTek locations) approximately Utilities 2.75 acres total (10' x 12,000') on an as-needed basis 96 Pump Station at 2687 S. Public Mowing $112 $1,344 GroundTek Maguire Road Utilities $10,540 $126,480 BID B05-15, GENERAL MOWING & LANDSCAPING TERM CONTRACT 11 862 Maguire Rd. Ocoee, Florida 34761 Ph: 407-877-7473 Fax: 407-877-8670 E-Mail: Groundtek@ctl.rr.com {'" ~~ ~~\ PROPOSAL To: City of Ocoee 150 N. Lakeshore Dr. Ocoee, FL 34761 Date: August 22, 2006 Ph: 407-905-3100 Fax: 407-317-3762 Attn: Tonya Elliott Assistant Director of Public Works Re: General Mowing & Landscaping We hereby present a proposal for the following: 12 month mowing and landscape maintenance of city 10cations as per specifications and as identified in bid #B05-15 excluding ID #'s 1,2,3, 77, 78, 80, 81 and 82. ~ Price per year........ ...$lJ 1,160.99 I'Ll, I '-\ to Services can begin as early as September 1 st 2006 By signing below, I acknowledge agreement of all tenns stated above, including payment of any legal fees related to the collection of money due for services related to the above proposal. Proposal by: Signature Acceptance by: Signature Gregory Bori Printed Name Printed Name Accounts Manager Title Tide August 22. 2006 Date Date COMPLETE PROFESSIONAL SERVICES IN GROUNDS fa'. '1'2 Q..,15 MAINTENANCE AND LANDSCAPING ~ \ l1 ~ ~ IJ ~~ '. S'5"o. 00 t>o \'" 0 v\ :. \ \ nlOl\"" : ~ ll" to ~ ~\ , ~ It, ,11 0 "' Mayor S. Scott Vandergrift ceuter of Good L' . <\.~e Jf7I~ Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 City Manager Robert Frank AGREEMENT FOR CITY-WIDE RIGHT-OF-WAY MOWING THIS AGREEMENT FOR CITY-WIDE RIGHT-OF-WAY MOWING (this "Agreement") is made this 25th day of August, 2006 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 862 Maguire Rd, Ocoee, Florida 34761 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City desires to enter into an Agreement with the Contractor to perform the work set forth in that certain Invitation to Bid #B05-06 (the "Work"), 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, labor, supervision, and consumables to complete the Work. Section 2. Term of Agreement. This Agreement shall consist of one (1) consecutive one (1) year term (12 Months), with the first one (1) year term beginning on September 1, 2006 (the "Effective Date"). City ofOcoee' 150 N Lakeshore Drive' Ocoee, Florida 34761 phone: (407) 905-3100 . fax: (407) 656-8504 . www.ci.ocoee.tl.us 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. 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. All invoices must be clearly marked: City Agreement #B05-06, City-wide Right-of-Way Mowing. 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 City that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. 5) 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 B05-06 2 the effective date of termination and other reasonable costs associated with the termination. c. 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 INCIDENTAL OR CONSEQUENTIAL RESULTING FROM ANY WORK AGREEMENT. LIABLE FOR SECONDARY, DAMAGES OF ANY NATURE PERFORMED UNDER THIS D. 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 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. E. Indemnification. To the fullest extent provided by law, Contractor shall indemnify, defend and hold harmless the City and all of its officers, agents and employees from all claims, loss, damage, cost, charges or expense including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor, its agents, employees, or subcontractors during the performance of the Agreement. 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 B05-06 3 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. F. 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. In the event that Contractor fails to timely mow or otherwise maintain a portion of the work, then the City, at its sole discretion and without waiving any other rights or remedies under this Agreement, may deduct from any amounts due under this Agreement, the actual cost paid by the City to a third party to perform the work. If the City performs such work with its own personnel then the City may deduct from any amounts due under this Agreement such amount equal to what the Contractor would have charged for doing the work, plus 15% of such amount. G. 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. H. 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. I. 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. J. 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. K. 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 one hundred-twenty (120) 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. L. 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 B05-06 4 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. 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. B05-06 5 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: Print Name: GroundTek of Central Florida, Inc. , a Florida corporation By: Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2006 by as of , a Florida corporation, on behalf of the corporation. He/she 0 is personally known to me, or 0 has produced as identification. Signature of Notary Public - State of Florida Name of Notary (Print, Type, or Stamp) Commission Number (if not legible on seal): My Commission Expires (ifnot legible on seal):_ B05-06 6 CITY: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2006. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON N/A UNDER AGENDA ITEM NO. N/A. FOLEY & LARDNER, LLP By: City Attorney 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 Beth Eikenberry 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 yoluntarily 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 ,2006. 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): B05-06 7 EXHIBIT" A" 1 A.D. Mims Road R.R. track to Johio Shores Rd. 5.4 $323.73 $5,827.14 2 Bluford Avenue S.R. 50 to McKey St. 3.5 $209.83 $3,776.85 3 Bowness Road Maguire Ext. to Franklin St. 6 $359.70 $6,474.60 4 Franklin Street (SR 437) Bluford Ave. to E. Crown Pont Rd. 9 $539.55 $9,711.90 5 Moore Road Maguire Rd. to 7m St. 3.2 $191.84 $3,453.12 6 Maguire Road S.R. 50 to Maguire Ext. 4.2 $251. 79 $4,532.22 7 Palm Drive Ocoee Apopka Rd. E. Crown Pont 6.7 $401.67 $7,229.97 Rd. 8 Old Winter Garden Road S.R.50 to Hempel Ave. 2 $119.90 $2,158.20 9 Orlando A venue Bluford Ave to Concord Village Way 4 $239.80 $4,316.40 10 Professional Parkway Old Winter Garden Rd. to Maguire 3.5 $209.83 $3,776.85 Rd. 11 Silver Star Road (SR 438) Apopka Vineland Rd. to Ocoee 12.6 $755.37 $13,596.66 Apopka 12 Story Road Roper py to 430 Story Rd. 0.5 $29.98 $539.55 13 Tomyn Blvd. Maguire Rd. to Warrior Rd. 10.1 $605.50 $10,898.91 14 W. Colonial Dr. (SR 50) Good Homes to 429 9.4 $563.53 $10,143.54 15 Ingram Road McCormick Rd. to Ocoee Clarcona 4.1 $245.80 $4,424.31 Rd. 16 Emergency entrance Hackney Prairie Rd. to Timber Ridge 0.5 $29.98 $539.55 Tr. 17 Geneva Street Kissimmee Ave to Cemetery 3 $179.85 $3,237.30 18 B.C. Terry Rd. Orlando Ave. to dead end 1 $59.95 $1,079.10 19 California Ave. Orlando Ave to City limits 1 $59.95 $1,079.10 20 Montgomery Ave. Orlando Ave to dead end 0.5 $29.98 $539.55 21 Rewis Street R.R. to Spring St. 3 $179.85 $3,237.30 22 Pine Street Sanders Dr. to dead end 0.5 $29.98 $539.55 23 Kissimmee Ave. Maguire Rd to McKey St. 1 $59.95 $1,079.10 24 Blackwood Ave. Old Winter Garden Rd. to Seminole 0.5 $29.98 $539.55 St. 25 Roper Island On Roper py. 0.5 $29.98 $539.55 26 Butterfly creek Dr. Tiger Minor Park to Burr Oak Dr. 0.5 $29.98 $539.55 27 W Delaware Street Bluford Ave to dead end 0.75 $44.96 $809.33 28 Cumberland Ave. Ohio St. to W. Delaware St. 1 $59.95 $1,079.10 29 Taylor Street McKey St. Franklin St. 0.25 $14.99 $269.78 30 Center Street Spring St. Hill Ave. 0.25 $14.99 $269.78 31 Center Street Cardinal St to Stark Lake Cir. 0.5 $29.98 $539.55 32 Lyman Street Rewis to Lakewood Ave. 0.75 $44.96 $809.33 33 N. Lakewood Ave. In front of vacant property 0.5 $29.98 $539.55 34 Ocoee Hills Road Silver Star Rd. to Center St. 0.75 $44.96 $809.33 35 Adair Street Wurst Rd. to Glad Tidings Church 1 $59.95 $1,079.10 36 Nicole Blvd. In front of vacant property 0.5 $29.98 $539.55 37 Ocoee Clarcona rd. N. side of Amber Ridge Sub. 1 $59.95 $1,079.10 38 Bus stop Brentwood Ridgefield Ave. 0.25 $14.99 $269.78 B05-06 8 39 Pioneer Key 2 5 Lots 1 $59.95 $1,079.10 40 S.Lakewood Ave. Ocoee Elementary to Orlando Ave. 0.75 $44.96 $809.33 41 Geneva Street Vacant lot north side 0.75 $44.96 $809.33 42 Bluford Ave at Geneva St Intersection Islands 0.25 $14.99 $269.78 43 Kissimmee Ave. at Maguire Intersection Islands 0.5 $29.98 $539.55 Ext. 44 Hobson Road Clarcona-Ocoee Road north to curve 1.27 $76.14 $1,370.46 45 Hackney-Prairie Road South side, West Chester to Park 0.2 $11. 99 $215.82 46 Hackney-Prairie Road North side, Clarke Road to the sub- 0.03 $1.80 $32.37 division wall going east 47 Clarke Road Clarcona-Ocoee Road to AD Mims 2.02 $121.10 $2,179.78 Road, west side 48 Clarke Road East side, Hackney-Prairie Road 0.02 $1.20 $21.58 north to brick wall 49 Clarke Road Medians AD Mims Road to north 0.75 $44.96 $809.33 50 Clarke Road AD Mims Road to Wentworth SD 0.75 $44.96 $809.33 51 Clarke Road Silver Star to AD Mims, medians and 1.55 $92.92 $1,672.61 west side 52 Clarke Road West side, radio station to Orlando 0.38 $22.78 $410.06 Ave. 53 Clarke Road West side, from Orlando Ave. to SR 3.88 $232.61 $4,186.91 50; and east side adjacent Sears 54 Prairie Oaks Ct. AD Mims Road to the north 0.14 $8.39 $151.07 55 Prairie Lake Blvd. Small circle north of AD Mims Road 0.04 $2.40 $43.16 56 Johio Shores /R-O-W Behind Johio Bay SD & east side to 0.44 $26.38 $474.80 Silver Star 57 Montgomery A venue East side, north of Orlando Ave 0.27 $16.19 $291.36 58 Lady A venue West side, north of Wurst road 0.04 $2.40 $43.16 59 Wurst Road South side, Kimball to Sprint Store; 0.1 $6.00 $107.91 and from east of Sprint Store to Sandy Cove 60 Marshall Farms Road East side, from SR 50 north 0.23 $13.79 $248.19 61 Maguire Road East side, between the Courtyard and 0.39 $23.38 $420.85 Brighthouse 62 Maguire Road West side, from SR 50 to Tomyn 1.27 $76.14 $1,370.46 Road; and east side to the lift station 63 Maguire Road East side, from Moore Road to 0.38 $22.78 $410.06 Thomebrooke 64 South Water Plant From Maguire Road to gate 0.95 $56.95 $1,025.15 65 Thomebrooke Drive North side, Maguire to east end of 0.96 $57.55 $1,035.94 Freedom Park; and south side, from west of retention pond to east end on Freedom Park Total Estimated Acreage 123.01 $7,374.45 $132,740.09 B05-06 9 Slfe 862 Maguire Rd. Ocoee, Florida 34761 Ph: 407-877-7473 Fax: 407-877-8670 E-Mail: Groundtek@ctl.rr.com PROPOSAL To: City ofOcoee 150 N. Lakeshore Dr. Ocoee, FL 34761 Date: August 22, 2006 Ph: 407-905-3100 Fax: 407-317-3762 Attn: Tonya Elliott Assistant Director of Public Works Re: City Wide Right-of-Way Mowing We hereby present a proposal for the following: 12 month mowing maintenance of the city rights-of-way as per locations and specifications found in bid #B05-06 and to include added areas as per Tonya Elliot in e- mail dated 8-22-06. Price per acre........ ...59.95 Services can begin as early as September 1 st 2006 By signing below, I acknowledge agreement of all terms stated above, including payment of any legal fees related to the collection of money due for services related to the above proposal. Proposal by: Acceptance by: Signature Signature Gregory Bon Printed Name Printed Name Accounts Manager Title Title August 22. 2006 Date Date - :'._) COMPLETE PROFESSIONAL SERVICES IN GROUNDS MAINTENANCE AND LANDSCAPING 1 '{ "\ V\-' ~~ \ n..;:. _..~ . ~ 11./ 51.. <( .J- (\\~"'.,. \(") ~: ~ · ~. . \ (Y)~ \C\ ~ ~ 1. r+?p\tC.~"4 t'1, qJ~. ~!o ~O tok\: ((\ 1.. ? \ 1> <;;5. ~ I PO I' =- J I5/;, '/~ '7 , .. 3 ; _.c;..' ~. f'o '.