HomeMy WebLinkAboutItem 04 Consideration of Bid #05-06, Citywide Right-of-Way Mowing (3-Year Contract) to Markham Woods Landscaping in the Amount of $36.00/Acre, First Annual Amount of $69,303.00
AGENDA ITEM COVER SHEET
Meeting Date: 3/15/05
i
Item #
Contact Name:
Contact Number:
Joyce Tolbert
1516
Reviewed By: ~ ,.-.J/
Department Director: ~~;r;/ A r...;I~
City Manager: _~ ~
Subject: Award of Bid #B05-06, Citywide Right-of-Way Mowing
Background Summary:
This is a re-bid from earlier this fiscal year. The scope of work has been revised to include reducing the
frequency and grouping services in order to come within budget. Staff recommends that the City Commission
award a three (3) year contract for the mowing, edging, trimming, weed control, and trash and debris removal
of City right-of-ways. The budget includes $60,000 for these services.
Issue:
Award the bid for Citywide Right-of-Way Mowing services to Markham Woods Landscaping.
Recommendations
Staff recommends that the City Commission award Bid #B05-06 to Markham Woods Landscaping in the
amount of $69,303.60 annually; and authorize the Mayor and City Clerk to execute the contract between the
City and Markham Woods Landscaping, once the required insurance coverage has been obtained from the
Contractor. The projected start date is April 1, 2005; therefore, there is enough funds budgeted for the
remainder of this fiscal year.
Attachments:
1.-3. Contractor Bids
4. Copy of Bid B05-06/Specifications
5. Bid Tabulation
6. Recommendation memo
Financial Impact:
As budgeted
Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
[8] Commission Approval
o Discussion & Direction
For Clerk's Deaf Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
IZI Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
I2.$J N/A
o N/A
o N/A
City Manager
Robert Frank
Commissioners
Dannv Howell. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Nancv J. Parker. District 4
Mavor
S. Scott Vandergrift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
Joyce Tolbert, Purchasing AgenC:Y--
March 4, 2005
FROM:
DATE:
RE:
Award of Bid #B05-06 Citywide Right-of-Way Mowing
ISSUE
Award the bid for Citywide Right-of-Way Mowing services to Markham Woods Landscaping.
BACKGROUND/DISCUSSION
This is a re-bid from earlier this fiscal year. The scope of work has been revised to include reducing the
frequency and grouping services in order to come within budget. Staff recommends that the City Commission
award a three (3) year contract for the mowing, edging, trimming, weed control, and trash and debris removal of
City right-of-ways. The budget includes $60,000 for these services.
The bid was publicly advertised on January 16,2005 and opened on February 17,2005. There were three (3)
responses to this bid, and one (1) bid was considered non-responsive for failure to submit a bid security:
1.
2.
3.
4.
Markham Woods Landscapin2
Cato Environmental
Oroundtek
EN Landscape Design
Annual
$69,303.60
$76,041.54
$95,292.54
Non-responsive
Per Acre
$36.00
$39.50
$49.50
Attached is a copy of specifications for this project, and the bids from each bidder, along with the bid
tabulation. All bids are available in the Finance Department for review.
The Public Works Department and Finance Department have reviewed all bids. Staff recommends awarding the
bid to Markham Woods Landscaping as the most responsive and responsible bidder, per the attached
memorandum from Bob Zaitooni, Public Works Director.
Mavor
S. Scott Vandergrift
center of Good L .
~'r>e IT/i~
Commissioners
Danny Howell, District 1
Scott Anderson. District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
City Manager
Robert Frank
MEMORANDUM
TO:
Joyce Tolbert, Finance
FROM:
Bob Zaitooni, Public Works Director
DATE:
February 22, 2005
RE:
Recommendation for Award - Bid #B05-06, City-wide R/W Mowing
Based on the bids received, we recommend award of this bid to Markham Woods Landscaping,
Inc.
If you have any questions or require additional information, please contact me at extension 6002.
RZ
The City of Ocoee Public Works' 30 I Maguire Road' Ocoee, Florida 34761
phone: (407) 905-3170 . fax: (407) 905-3176 . www.ci.ocoee.tl.us
Average Uniform
Price Per Acre
First Year Total
Annual Bid
Per Cycle Price
Bid Security
1 Original &
(2) Copies
References/Subs
Equipment Listing
Summary of Litigation
BID TABULATION FOR:
BID #B05-06
CITY-WIDE RIGHT-OF-WAY MOWING
2/17/052:00 p.m.
a
$
69,303.60 $
76,041.54 $ 95,292.54
$
3,850.20 $
4,224.53 $
5,294.03
None
cashier's check cashier's check
bond
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Mayor
S. Scott Vandergrift
center of Good L' .
<\.~e l~J~
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson. District 3
Nancy J. Parker, District 4
City Manager
Robert Frank
CITY OF OCOEE
INVITATION TO BID #B05-06
FOR
CITY-WIDE RIGHT-OF-WAY MOWING
City ofOcoee. ] 50 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3100. fax: (407) 656-8504. www.ci.ocoee.fl.us
BID DOCUMENTS
3
4 thru 6
7 thru 15
16
17
Legal Advertisement
Invitation to Bid #B05-06
General Terms & Conditions
Subcontractors/Equipment Listing
References/Summary of Litigation
SCOPE OF WORK/BID FORM
18-21
22
23
24
26
27
Scope of Work
Bid Form
Company Information/Signature Sheet
Exhibit A
Exhibit B-1
Exhibit B-2
CONTRACT DOCUMENTS
29 thru 37
Draft of Agreement
A TT ACHMENTS
Map 1 - Center
Map 2 - North
Map 3 - South
END OF TABLE OF CONTENTS
2
LEGAL ADVERTISEMENT
City of Ocoee
Bid #B05-06 City-Wide Right-of-Way Mowing
Ocoee City Commission
Sealed bids will be accepted for Bid #B05-06, CITY-WIDE RIGHT-OF-WAY MOWING, no later
than 2:00 PM, local time, on February 17,2005. 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.
The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City)
is soliciting bids for the mowing, edging, trimming, weed control, and trash and debris removal of City
right-of-ways. The contract shall consist of three (3) consecutive one-year terms. The contract shall
automatically be renewed annually unless terminated by the City in writing, for a maximum of three (3)
years from the date of execution. City reserves the right to terminate the contract for non-performance
giving thirty (30) days written notice and payment for completed work.
There will not be Pre-Bid Conference for this bid. Any questions or concerns regarding this bid must be
received no later than February 10,2005.
A Bid Security in the amount of 5% of the bid price must accompany each bid. No performance or
payment bond is required.
All bids shall be submitted as one (1) original and two (2) copies of the required submittals, in a sealed
envelope plainly marked on the outside with the appropriate bid number and opening date and time.
Bids will be received in the City of Ocoee, Attn: Purchasing Agent, 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 2:01PM, local time, or as soon thereafter as possible.
Interested firms may secure a copy of the bid documents through Demandstar by accessing the City's
website at www.ci.ocoee.fl.lIs under BidsNendors, or copies are available from the contact person
identified above for a non-refundable reproduction and/or administrative fee of $20.00. Checks
should be made payable to the City of Ocoee. Copies via e-mail are not available and partial sets of bid
documents will not be issued.
No fax or electronic submissions will be accepted.
City Clerk
January 16, 2005
3
CITY OF OCOEE
INVITATION TO BID #B05-06
CITY-WIDE RIGHT-OF-WAY MOWING
INTENT:
Sealed bids for Bid #B05-06 will be received by the City of Ocoee, hereinafter called "The
City", by any person, firm, corporation or agency submitting a bid for the work proposed,
hereinafter called "Respondent".
The proposed Contract will be for the labor, supervision, materials, equipment, supplies and
incidentals for City-Wide Right-of-Way Mowing Services for the City of Ocoee at the locations
listed under the "Scope of Work" section of this Invitation to Bid, and the attached location
maps.
BIDDING INSTRUCTIONS:
A. Each respondent shall furnish the information required on the bid form supplied and each
accompanying sheet thereof on which an entry is made. Bids submitted on any other format
shall be disqualified. Please check your prices before submission of bid as no changes will
be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use
pencil. No erasures permitted. Mistakes may be crossed out and the correction typed adjacent
and must be initialed and dated by person signing the bid. Bid documents must be signed by
a legally responsible representative, officer, or employee and should be properly witnessed
and attested. All bids should also include the name and business address of any person, firm
or corporation interested in the bid either as a principal, member of a firm or general partner.
If the respondent is a corporation, the bid should include the name and business address of
each officer, director, and holder of 10% or more of the stock of such corporation.
B. Any questions or concerns regarding this bid should be addressed in writing to the Finance
Department, City of Ocoee, FL, Attention: Joyce Tolbert, Purchasing Agent (407)905-3100,
extension 1516 and fax (407)656-3501, not later than February 10, 2005. Any
clarifications/changes will be through written addenda only, issued by the Finance
Department. Respondents should not contact City staff, with the exception of the Purchasing
Agent, or other City consultants for information before the bid award date. Any contact with
any other member of the City Staff, City Commission, or its Agents during this time period
may be grounds for disqualification.
C. This bid must be received as one (1) original and two (2) copies of the required submittals
only, by the Finance Department not later than 2:00 P.M., local time, on February 17,
2005. Bids received by the Finance Department after the time and date specified will not be
considered, but will be returned unopened. "Postage Due" items will not be accepted. Bids
transmitted by fax or e-mail will not be accepted. Bids shall be delivered in a sealed
envelope, clearly marked with the bid number, title, and opening date and time to:
City of Ocoee
Finance Department
Attention: Purchasing Agent
150 N Lakeshore Drive
Ocoee, FL 34761-2258
4
D. Bids will be publicly opened and read aloud in the Ocoee City Hall Conference Room, 150
N. Lakeshore Drive, Ocoee, Florida 34761-2258 at 2:01 P.M., or as soon thereafter as
possible on the above-appointed date. Respondents or their authorized agents are invited to
be present. Please be aware that all City Commission meetings are duly noticed public
meetings and all documents submitted to the City as a part of a bid constitute public records
under Florida law.
E. All respondents shall thoroughly examine and become familiar with the bid package and
carefully note the items which must be submitted with the bid, such as:
a) Bid Security in the form of a Cashier's or Certified check or Bid Bond;
b) List of References/Experience;
c) List of Subcontractors/Temporary Worker Agencies;
d) Equipment Listing;
e) Summary of Litigation;
f) Any other information specifically called for in these Bid Documents.
F. Submission of a bid shall constitute an acknowledgment that the respondent has
complied with Paragraph E. The failure or neglect of a respondent to receive or examine a
bid document shall in no way relieve it from any obligations under its bid or the contract. If
"NO BID", so state on face of envelope or your company may be removed from the City's
vendor list. No claim for additional compensation will be allowed which is based upon a lack
of knowledge or understanding of any of the Contract Documents or the scope of work. All
items quoted shall be in compliance with the bid documents/scope of work.
G. There will not be a Pre-Bid Conference for this bid.
H. Any response by the City to a request by a respondent for clarification or correction will be
made in the form of a written addendum which will be mailed, e-mailed or faxed by
Demandstar, or the City if applicable, to all parties to whom the bid packages have been
issued. The City reserves the right to issue Addenda, concerning date and time of bid
opening, clarifications, or corrections, at any time up to the date and time set for bid opening.
In this case, bids that have been received by the City prior to such an addendum being issued,
will be returned to the respondent, if requested, unopened. In case any respondent fails to
acknowledge receipt of any such Addendum in the space provided on the Addendum
and fails to attach the Addendum to the respondent's bid, its' bid will nevertheless be
construed as though the Addendum had been received and acknowledged. Submission
of a bid will constitute acknowledgment of the receipt of the Bid Documents and all
Addenda. Only interpretations or corrections provided by written Addenda shall be binding
on the City. Respondents are cautioned that any other source by which a respondent receives
information concerning, explaining, or interpreting the Bid Documents shall not bind the
City.
I. Any of the following causes may be considered as sufficient for the disqualification of a
respondent and the rejection of its bid:
a) Submission of more than one (1) bid for the same work by an individual, firm,
partnership or corporation under the same or different name. For purposes of this
subparagraph, firms, partnerships or corporations under common control may be
considered to be the same entity;
b) Evidence of collusion between or among respondents;
c) Being in arrears on any of its existing contracts with the City or in litigation with the
City or having defaulted on a previous contract with the City;
5
d) Poor, defective or otherwise unsatisfactory performance of work for the City or any
other party on prior projects which, in the City's judgment and sole discretion, raises
doubts as to Respondent's ability to properly perform the work; or
e) Any other cause which, in the City's judgment and sole discretion, is sufficient to
justify disqualification of Respondent or the rejection of its bid.
No bid may be withdrawn for a period of ninety (90) days after the time and date
scheduled for the bid opening.
The City reserves the right to accept or reject any or all bids, to waive informalities
or irregularities, to request clarification of information submitted in any bid, or to
readvertise for new bids. The City may accept any item or group of items of any bid,
unless the respondent qualifies his/her bid by specific limitations.
Award, if made, will be to the most responsible and responsive respondent whose
bid, in the City's opinion, will be most advantageous to the City, price and other
factors considered. The City reserves the right, to aid it in determining which bid is
responsible, to require a respondent to submit such evidence of respondent's
qualifications as the City may deem necessary, and may consider any evidence
available to the City of the financial, technical, and other qualifications and abilities
of a respondent, including past performance (experience) with the City and others.
The City Commission shall be the final authority in the award of any and all bids.
6
GENERAL TERMS & CONDITIONS:
1. BID SECURITY:
a) Each proposal must be accompanied by a Cashier's/Certified Check upon an
incorporated bank or trust company or a Bid Bond in an amount equal to five percent
(5%) of the amount of the bid. A combination of any of the former is not acceptable.
Cash will not be accepted as Bid Security. The cashier's check or Bid Bond is
submitted as a guarantee that the respondent, if awarded the Contract, will after
written notice of such award, enter into a written Contract with the City and as a
guarantee that the respondent will not withdraw its bid for a period of ninety (90)
days after the scheduled closing time for the receipt of bids, in accordance with the
accepted bid and bid documents.
b) In the event of withdrawal of said bid within ninety (90) days following the opening
of bids, or respondent's failure to enter into said contract with the City or failure to
provide the City with other requirements of the contract documents or the bid
invitation after issuance of Notice of Intent to Award by the City, then such
respondent shall be liable to the City in the full amount of the check or bid bond and
the City shall be entitled to retain the full amount of the check or to demand from the
Surety the penal sum of the bid bond as liquidated damages and not a penalty.
c) Surety companies executing bonds shall be duly insured by an insurer or corporate
surety acceptable to the City and authorized to do business in the State of Florida and
signed by a Florida licensed resident agent who holds a current Power of Attorney
from the surety company issuing the bond.
d) The cost of the required bond and required insurance coverage is to be included in the
respondent's overhead and is not eligible for reimbursement as a separate cost by the
City.
e) The checks of the three (3) most favorable respondents will be returned within three
(3) days after the City and the successful respondent have executed the contract for
work. The remaining checks will be returned within thirty (30) days after the opening
of bids. Bid Bonds will be returned upon request following the same criteria as a
check.
2. PERFORMANCE AND PAYMENT BONDS
Not Required.
3. 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
Contractor not meet the delivery deadline(s) set forth in the specifications or should the
Contractor fail to perform any of the other provisions of the specifications and/or other
contract documents, the City may declare the Contractor in default and terminate the
whole or any part of the contract. Upon declaring the Contractor 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 substitutions thereof and the
7
Contractor shall be liable to the City for any excess costs resulting therefrom. In the
event the Contractor has been declared in default of a portion of the contract, the
Contractor shall continue the performance of the contract to the extent not terminated
under the provisions of this paragraph. Where the Contractor fails to comply with any of
the specifications, except for delivery deadline(s), the City may, in its discretion, provide
the Contractor 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.
4. PATENT INDEMNITY:
Except as otherwise provided, the successful respondent 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.
5. PRICING:
Pricing should be provided as indicated on the Scope of W orklBid Sheet attached, to
include any alternate bids. Please note that alternate bids will not be accepted unless
specifically called for on the Scope of W orlclBid Sheet. A total shall be entered for each
item bid. In case of a discrepancy between the unit price and extended price, the unit
price will be presumed to be correct. Cost of preparation of a response to this bid is solely
that of the bidder and the City assumes no responsibility for such costs incurred by the
bidder.
By submission of this bid, the Respondent certifies, and in the case of a joint bid, each
party thereto certifies as to its own organization, that in connection with this
procurement:
a) The Respondent 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.
b) 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 respondent or with any competitor;
c) Unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the Respondent and will not knowingly be disclosed
by the Respondent prior to opening, directly or indirectly to any other respondent or
to any competitor;
d) No attempt has been made or will be made by the Respondent to induce any other
person or firm to submit or not to submit a bid for the purpose of restricting
competition. 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);
e) Respondent warrants the prices set forth herein do not exceed the prices charged by
the respondent under a contract with the State of Florida Purchasing Division; and
8
f) Respondent agrees that supplies/services furnished under this quotation, if awarded,
shall be covered by the most favorable commercial warranties the Respondent 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.
6. 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.
7. 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.
8. AWARD CRITERIA:
The contract will be recommended to be awarded to the overall lowest most responsive
and responsible bidder according to the following criteria, as applicable:
. Compliance with specifications, terms, and conditions
. Bid price
. Warranty offered
. Delivery time
. Experience with similar work
. Successful reference check
9. LITERATURE:
If required by the Bid Schedule, or the specifications, descriptive literature/brochures
shall be included with this bid in order to properly evaluate make/model offered. Bids
submitted without same may be considered non-responsive and disqualified.
10. DISPUTES:
Any 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 a
protest in writing to the City's Purchasing Agent not later than seventy-two (72) hours
after the "Notice oflntent/Recommendation to Award" is issued.
9
11. PAYMENT TERMS:
Payment Payment for work completed will be made within (30) days of approved
invoice.
No payment will be made for materials ordered without proper purchase order authori-
zation. Payment cannot be made until materials, goods or services, have been re-
ceived and accepted by the City in the quality and quantity ordered.
Any contract resulting from this solicitation is deemed effective only to the extent of
appropriations available.
The City of Ocoee, Florida has the following tax exemption certificates assigned:
. Florida Sales & Use Tax Exemption Certificate No. 58-00-094593-54C; and
. The City is exempt from federal excise, state, and local sales taxes.
12. CONTRACT:
The successful Respondent, hereinafter referred to as "Contractor" will be required to
enter into a contract with the City. The contract will consist of three (3) consecutive one
(1) year terms. The City may in its sole discretion award any additional work, whether in
the existing areas, or in any additional area, or any additional area, to any third party, or
such work may be performed by the City's employees. Contractor will be expected to
cooperate with any or all other Contractors who may be performing work for the City.
See the attached draft contract.
13. SAFETY REQUIREMENTS:
The Respondent guarantees that the services to be performed and the goods to be
provided herein, shall comply with all applicable federal, state and local laws, ordinances,
regulations, orders and decrees, including without limitation such of the following acts as
may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards
Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act,
Federal Flammable Fabrics Act, and any applicable environmental regulations.
a) 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.
b) 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.
c) 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.
d) All individuals are required to wear hard hats on all construction sites.
e) 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.).
f) Observe the speed limit on City property.
10
g) Construction areas cleaned daily; excavations must be barricaded or flagged until
backfilled. In some cases, bracing, shoring and sloping may be required.
h) Scaffolds shall have guard rails on all open sides and secured to prevent
displacement.
i) 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.
j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided
and combustible materials cleaned up.
k) 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.
1) Construction material shall not be stored so as to block exits.
m) Ground fault circuit interrupters are required on all electrical circuits not part of the
permanent wiring of the building.
n) Personal fall protection must be provided at elevations exceeding ten (10) feet.
0) Per City Ordinance, any Contractor using construction dumpsters within the
City of Ocoee must obtain these services through Superior Waste Services of Florida,
Inc.
14. DRUG-FREE WORKPLACE:
If applicable, provide a statement concerning the Respondent's status as a Drug-Free
Work Place or evidence of an implemented drug-free workplace program.
15. CERTIFICATION OF NON-SEGREGATED FACILITIES
The Respondent certifies that the respondent does not and will not maintain or provide
for the respondent's employees any segregated facilities at any of the respondent's
establishments and that the respondent does not permit the respondent's employees to
perform their services at any location, under the respondent's control, where segregated
facilities are maintained. The Respondent agrees that a breach of this certification will be
a violation of the 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
Respondent agrees that (except where the respondent has obtained identical certification
from proposed contractors for specific time periods) the respondent 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 the respondent will retain such certifications in the respondent's 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.
11
16. STATEMENT OF AFFIRMATION AND INTENT:
The respondent declares that the only persons, or parties interested in their bid are those
named herein, that this bid is, in all respects, fair and without fraud and that it is made
without collusion with any other vendor or official of the City of Ocoee. Neither the
Affiant nor the above named entity has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free
competitive pricing in connection with the entity's submittal for the above project. This
statement restricts the discussion of pricing data until the completion of negotiations and
execution of the Agreement for this project.
The respondent certifies that no City Commissioner, other City Official or City employee
directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or
indirectly benefit by the profits or emoluments of this proposal. (For purposes of this
paragraph, indirect ownership or benefit does not include ownership or benefit by a
spouse or minor child.)
The respondent certifies that no member of the entity's ownership or management is
presently applying for an employee position or actively seeking an elected position with
the City. In the event that a conflict of interest is identified in the provision of services,
the respondent agrees to immediately notify the City in writing.
The respondent further declares that a careful examination of the scope of services,
instructions, and terms and conditions of this bid has occurred, and that the bid is made
according to the provisions of the bid documents, and will meet or exceed the scope of
services, requirements, and standards contained in the Bid documents.
Respondent agrees to abide by all conditions of the negotiation process. In conducting
negotiations with the City, respondent offers and agrees that if this negotIatIon is
accepted, the respondent will convey, sell, assign, or transfer to the City all rights, title,
and interest in and to all causes of action it may now or hereafter acquire under the Anti-
trust laws of the United States and the State of Florida for price fixing relating to the
particular commodities or services purchased or acquired by the City. At the City's
discretion, such assignment shall be made and become effective at the time the City
tenders final payment to the respondent. The bid constitutes a firm and binding offer by
the respondent to perform the services as stated.
17. 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
12
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 respondents 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.
18. PERMITS/LICENSES/FEES:
a) Any permits, licenses or fees required will be the responsibility of the contractor; no
separate payments will be made.
b) The City requires a City of Ocoee registration if permitting is required. Please contact
the City's Protective Inspections Department at (407)905-3100 extension 1000,
directly for information concerning this requirement.
c) Adherence to all applicable code regulations (Federal, State, County, and City) is the
responsibility of the contractor.
19. INSURANCE REQUIREMENTS:
The Contractor shall not commence any work in connection with an Agreement until all
of the following types of insurance have been obtained and such insurance has been
approved by the City, nor shall the Contractor allow any Subcontractor to commence
work on a 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 oflnsurance 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 the Contractor's
employees connected with the work of this project and, in any case any work is sublet,
the Contractor shall require the 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 for the City 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 the Contractor's employees not otherwise protected.
13
c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall
take out and maintain during the life of this Agreement COMMERCIAL
AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an
additional insured, as shall protect the Contractor 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 the
Contractor or by anyone directly or indirectly employed by the Contractor, and the
amounts of such insurance shall be the minimum limits as follows:
1) AUTOMOBILE BODILY INJURY LIABILITY
. $1,000,000 Combined single limit per occurrence (each person, each accident)
2) AUTOMOBILE PROPERTY DAMAGE LIABILITY
. $1,000,000 Combined single limit per occurrence
3) COMPREHENSIVE GENERAL LIABLILITY - this policy should name the City of
Ocoee as an additional insured and should indicate that the insurance of the Contractor
is primary over the insurance of the City of Ocoee.
. $1,000,000 PROPERTY DAMAGE LIABILITY (other than automobile) Combined
single limit per occurrence
. $1,000,000 BODILY INJURY (other than automobile) Combined single limit per
occurrence
. $2,000,000 GENERAL AGGREGATE
. $1,000,000 PRODUCTS/COMPLETED OPERATIONS
. $1,000,000 PERSONAL & ADVERTISING INJURY
d) Subcontractor's Public Liability and Property Damage Insurance: The Contractor
shall require each subcontractor to procure and maintain during the life of this
subcontract, insurance of the type specified above or insure the activities of these
subcontractors in the Contractor's 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 is
required if the City is not named as an additional insured under the General Liability
policy:
1) BODILY INJURY LIABILITY
. $1,000,000 Combined single limit per occurrence
2) PROPERTY DAMAGE LIABILITY
. $1,000,000 Combined single limit per occurrence
t) 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, naming the City of Ocoee
as an additional insured 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 Purchasing Agent. This certificate shall be dated and show:
14
1) 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.
(remainder of page left blank intentionally)
15
20. LIST OF SUBCONTRACTORS:
SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY
NAME/ADDRESS/FEDERAL I.D. NO.lCONTACT PERSON/PHONE #:
(Attach additional sheets if necessary)
The respondent certifies that the respondent has investigated each
subcontractor/temporary worker agency listed and has received and has in the
respondent's files evidence that each subcontractor/temporary worker agency maintains a
fully-equipped organization capable, technically and financially, of performing the
pertinent work and that the subcontractor/temporary agency has done similar work in a
satisfactory manner. It is further acknowledged by the contractor that any CHANGE
or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's
approval before any work shall commence by the additional subcontractor on this
project.
21. 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.
16
22. REFERENCESIEXPERIENCE OF RESPONDENT WITH
SIMILAR WORK
The Respondent shall complete the following blanks regarding experience with similar
type of work, INCLUDE AT LEAST THREE (3) MUNICIPAL GOVERNMENT
REFERENCES. Respondent must demonstrate ability to perform services of similar
complexity, nature, and size of this project within past three years.
DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/
TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT
Have you any similar work in progress at this time? Yes_ No
business
Length of time in
Bank or other financial references:
(Attach additional sheets if necessary)
23. SUMMARY OF LITIGATION:
Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or
against the respondent in the past five (5) years which is related to the services that the
respondent provides in the regular course of business. The summary shall state the nature
of the litigation, claim, or contact dispute, a brief description of the case, the outcome or
projected outcome, and the monetary amounts involved. If none, please so state.
17
SCOPE OF WORK
BID # B05-06
CITY - WIDE RIGHT -OF-WAY MOWING
The Contract term for B05-06, City-wide Right-of-way Mowing shall be for 12 months from
the date of the contract, with for an additional two (2), one (1) year terms, for a total of three (3)
years. Annual cost escalations may be allowed for the second and third years of the contract.
Ninety (90) days prior to end of each year, Contractor shall submit, in writing, the cost escalation
and explanation for the change for the following year. City Public Works Director, upon
evaluation, may submit cost escalation for approval by the City Commission. The City reserves
the right to cancel the Contract upon (30) thirty days written notice and payment for all work
completed through the time of termination. A draft contract is provided under Exhibit "C".
All questions/concerns shall be directed, in writing, by February 1 0, 2005, to the City's
Purchasing Agent, up to award of this contract, (407) 905-3100 ext. 1516 or fax (407) 656-3501.
Any contact with any other member of the City Staff, Commission, or its Agents during this time
period may be grounds for disqualification.
1. List of Locations
The attached map provides the general locations of the right-of-way areas to be included in this
contract and as outlined in Exhibit "A" - List of Locations. The acreage information provided for
bidding purposes is approximate. The Contractor shall be responsible for an exact acreage of the
service area provided. The City reserves the right to amend the list of locations for additions
and/or deletion as needed. Contractor will be provided with an official up-to-date Exhibit "A"
upon any modification.
2. Reporting
Two (2) types of reports are required for this contract:
a) Weekly Schedule - Contractor shall submit and (fax or e-mail or mail) a weekly
schedule of locations to be serviced by the Contractor. The weekly schedules shall
be updated upon any authorized change in schedules. City will randomly inspect
areas for quality and quantity of work performed on a weekly basis. Any
deviations from scheduled work will be noted and may result in withholding of
payment to the Contractor. It shall be Contractor's responsibility to inform the
City of the changes in schedules.
b) Monthly Report - Contractor shall submit Forms B-1 and B-2 as shown under
Exhibit "B" of this Invitation to Bid every month with their monthly invoice.
Form B-1 only applies to service areas on SR 50 (West Colonial Drive) and SR
438 (Silver Star Road). Form B-2 is for the remainder of service areas. All
applicable quantities shown on the forms shall be completely filled by the
Contractor.
It is critical to note that Contractor's invoice may be rejected or delayed if the required if
Contractor is not in compliance with the reporting requirements.
18
3. Defective 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.
4. Other Contracts
The contractor may be approached by some of the Home Owners Associations (HOA) about the
contractor performing mowing activities near HOA owned and maintained areas. The HOA
owned areas are not part of the Ocoee City-wide Mowing Contract and the City is not
responsible for maintenance. Should the contractor contract with the HOA, it is strictly between
the contractor and the HOA, the City will not intercede on either party's behalf in any disputes.
In addition, all outside work will not have an effect on the contractor meeting its obligations to
the City of Ocoee.
5. Uniforms
The contractor's employees shall wear uniform shirts and all trucks should be marked with the
company name, at a minimum, for easy recognition by residents and City personnel. Employee
safety is the contractor's responsibility, both in work clothing and actions, and shall be in
accordance with applicable OSHA standards, and all equipment shall be operated in a safe
manner as recommended by the manufacturer.
6. Equipment
The Contractor shall provide adequate resources to complete the required services safely and
neatly. All transport equipment used by the Contractor shall be clearly identified with 5" letters
as to the name of the company and their telephone number.
7. Services
Frequency of Services - Services under this contract shall include 18 applications as
follows:
. Twice per month between May 1 through October 31 ( 12 applications), and
. Once per month from November 1 through April 31 (6 applications)
City reserves the right to request additional applications on an as needed basis based upon
the Contractor's contracted prices.
19
Trash & Debris Removal - All visible trash and debris within the mowing field shall be
collected and legally disposed in accordance with all applicable federal, state, county, and
city laws and ordinances.
Mowing - All turf areas shall be mowed with a suitable mechanized mower with a uniform
surface at a height no less than 2.5 inches and no more than 3.5 inches. Grass clippings
shall be allowed to remain on site as long as they are not unsightly but blown off of the
road surface.
Trimming - All areas not accessible by mowers shall be string-trimmed so as to maintain
an even cut throughout. All sidewalks, roadways, and ornamental bed areas shall be blown
clear of grass clippings the same day as the mowing.
Edging - All curbs, sidewalks, driveways and plant beds will be edged every time the turf
is mowed.
Weed Control - Applications of approved herbicides or, as required, the use of hand
weeding as often as necessary to keep the guardrails, handrails, flowerbeds, curbs, fence
lines, tree trunks, etc. weed free as possible.
General Clean Up and Policing - All parking areas, walks, curbs, driveways, etc. shall be
swept, blown, and/or vacuumed after each maintenance process. Policing of turf before
mowing process is started is also required.
8. Traffic Control
Compliance with all traffic control requirements per the latest edition of the Manual on Traffic
Control Devices (M.U.T.C.D.) and the Florida Department of Transportation standards is
required. If temporary lane closures become necessary, Contractor shall obtain prior
authorization from City's Public Works Director before commencing work. Work that effects
traffic lanes shall not be performed between 7:00-9:00 AM and 4:00-6:00 PM in the peak
direction of traffic unless otherwise permitted by City's Public Works Director.
9. Damage to Property
All damages including but not limited to damage to sprinklers, irrigation lines, walls, trees,
shrubs, poles/posts, signs, street furniture, landscaping, etc. caused by the Contractor in
performance of the mowing activities shall be repaired in a timely manner at the Contractor's
expense.
10. Pricing
Contractor shall provide an average uniform price per acre, a per cycle price, and an annual total
price for the first year for all services including debris removal, mowing, edging, trimming, and
weed control. The average uniform price per acre shall include an average for the entire year
based on the required frequency of services requested.
20
11. Quantities
Quantities shown on Exhibit "A" are adjusted for frontage of adjacent homes and businesses in
accordance with the Codes of City of Ocoee, Article II, Section 115-7. Duty of property owner
generally. In accordance with City Codes, the right-of-way area between property and street is
the responsibility of the owner.
12. Addition and/or Deletions
City reserves the right to add or delete areas to be mowed with a minimum of one-half (1/2) acre.
A two (2) week written notice shall be provided to the contractor by the Public Works Director.
Public Works Director shall issue the change in service quantity in writing along with a modified
Exhibit "A".
(remainder of page left blank intentionally)
21
BID FORM
BID B05-06
CITY-WIDE RIGHT-OF-WAY MOWING
1. Average Uniform Price per Acre: $
dollars & cents.
2. First Year Total Annual Bid (for total acreage shown on Exhibit "A"): $
dollars &
cents.
3. Per Cycle Price: $
dollars &
cents.
Company Name:
Signature:
Print Name:
Title:
Date:
22
Bid #B05-06 COMPANY INFORMATION/SIGNATURE SHEET
FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION
OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND
ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID
FORM" ARE ACCURATE AND WITHOUT COLLUSION.
COMPANY NAME
TELEPHONE (INCLUDE AREA CODE)
FAX (INCLUDE AREA CODE)
E-MAIL ADDRESS
IF REMITTANCE ADDRESS IS DIFFERENT
FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
AUTHORIZED SIGNATURE (manual)
NAME/TITLE (PLEASE PRINT)
STREET ADDRESS
CITY
STATE
ZIP
FEDERAL ID #
_Individual _Corporation _Partnership _Other (Specify)
Sworn to and subscribed before me this
day of
,20_
Personally Known
or
Produced Identification
(Type ofIdentification)
Notary Public - State of
County of
Signature of Notary Public
Printed, typed or stamped
Commissioned name of Notary Public
23
EXHIBIT" A"
LIST OF LOCATIONS & APPROXIMATE ACREAGE
BID B05-06
CITY-WIDE RIGHT-OF-WAY MOWING
Approximate Actual
No. Location Limits Acres Acres
1 A.D. Mims Road R.R. track to Johio Shores Rd. 5.4
2 Bluford Avenue S.R. 50 to McKey St. 3.5
3 Bowness Road Maguire Ext. to Franklin St. 6.0
4 Franklin Street (SR 437) Bluford Ave. to E. Crown Pont Rd. 9.0
5 Moore Road Maguire Rd. to in St. 3.2
6 Maguire Road S.R. 50 to Maguire Ext. 4.2
7 Palm Drive Ocoee Apopka Rd. E. Crown Pont Rd. 6.7
8 Old Winter Garden Road S.R.50 to Hempel Ave. 2.0
9 Orlando A venue Bluford Ave to Concord Village Way 4.0
10 Professional Parkway Old Winter Garden Rd. to Maguire Rd. 3.5
11 Silver Star Road (SR 438) Apopka Vine land Rd. to Ocoee Apopka 12.6
12 Story Road Roper py to 430 Story Rd. 0.5
13 Tomyn Blvd. Maguire Rd. to Warrior Rd. 10.1
14 W. Colonial Dr. (SR 50) Good Homes to 429 9.4
15 Ingram Road McCormick Rd. to Ocoee Clarcona Rd. 4.1
16 Emergency entrance Hackney Prairie Rd. to Timber Ridge Tr. 0.50
17 Geneva Street Kissimmee Ave to Cemetery 3.0
18 B.C. Terry Rd. Orlando Ave. to dead end 1.0
19 California Ave. Orlando Ave to City limits 1.0
20 Montgomery Ave. Orlando Ave to dead end 0.50
21 Rewis Street R.R. to Spring St. 3.0
22 Pine Street Sanders Dr. to dead end 0.5
23 Kissimmee Ave. Maguire Rd to McKey St. 1.0
24 Blackwood Ave. Old Winter Garden Rd. to Seminole St. 0.5
25 Roper Island On Roper py. 0.5
26 Butterfly creek Dr. Tiger Minor Park to Burr Oak Dr. 0.5
27 W Delaware Street Bluford Ave to dead end 0.75
28 Cumberland Ave. Ohio St. to W. Delaware St. 1.0
29 Taylor Street McKey St. Franklin St. 0.25
30 Center Street Spring St. Hill Ave. 0.25
31 Center Street Cardinal St to Stark Lake Cir. 0.50
32 Lyman Street Rewis to Lakewood Ave. 0.75
33 N. Lakewood Ave. In front of vacant property 0.50
34 Ocoee Hills Road Silver Star Rd. to Center St. 0.75
35 Adair Street Wurst Rd. to Glad Tidings Church 1.0
36 Nicole Blvd. In front of vacant property 0.5
37 Ocoee Clarcona rd. N. side of Amber Ridge Sub. 1.0
38 Bus stop Brentwood Ridgefield Ave. 0.25
39 Pioneer Key 2 5 Lots 1.0
40 S.Lakewood Ave. Ocoee Elementary to Orlando Ave. 0.75
41 Geneva Street Vacant lot north side 0.75
42 Bluford Ave at Geneva St Intersection Islands 0.25
43 Kissimmee Ave. at Maguire Ext. Intersection Islands 0.50
Total Estimated Acreage 106.95
Revision No. :
City Official Approval:
Date Revised:
Print Name
Signature
Copy 1- Contractor, Copy 2- Finance, Copy 3-Public Works Files
24
EXHIBIT "B"
FORMS B-1 & B-2
BID B05-06, CITY-WIDE RIGHT-OF-WAY MOWING
25
B05-06 CITY-WIDE RIGHT-OF-WAY MOWING
FORM B-1, FOR USE ON STATE HIGHWAYS
SR 50, SR 437, AND SR 438
DATE:
REPORT FOR:
MONTH/QUARTER
THIS REPORT START
DATE:
END
DATE:
ACTIVITY DESCRIPTION
437 Miscellaneous Slope and Ditch Repair
451 Clean Storm Drains
461 Roadside Ditches Clean and Repair
464 Outfall Ditch Clean and Repair
471 Large machine Mowing
485 Small Machine Mowing
487 Weed Control (Manual and Mechanical)
494 Chemical Weed Control
540 Graffiti Removal
541 Litter Removal
542 Road Sweeping (Manual)
543 Roadway Sweeping (Mechanical)
QUANTITY
Oft.
o
Oft.
o
o acres
o acres
o acres
0.0 gallons
o
o bags
o miles
o miles
545 Edging and Sweeping
Certification:
o miles
I,
, certify that the information presented above is accurate.
Signature:
Date:
26
B05-06 CITY-WIDE RIGHT-OF-WAY MOWING
FORM B-2, FOR USE ON CITY STREETS
DATE:
REPORT FOR:
MONTH/QUARTER
THIS REPORT START
DATE:
END
DATE:
ACTIVITY DESCRIPTION
437 Miscellaneous Slope and Ditch Repair
451 Clean Storm Drains
461 Roadside Ditches Clean and Repair
464 Outfall Ditch Clean and Repair
471 Large machine Mowing
485 Small Machine Mowing
487 Weed Control (Manual and Mechanical)
494 Chemical Weed Control
540 Graffiti Removal
541 Litter Removal
542 Road Sweeping (Manual)
543 Roadway Sweeping (Mechanical)
QUANTITY
Oft.
o
Oft.
o
o acres
o acres
o acres
0.0 gallons
o
o bags
o miles
o miles
545 Edging and Sweeping
Certification:
o miles
I,
, certify that the information presented above is accurate.
Signature:
Date:
27
EXHIBIT "C"
DRAFT CONTRACT
BID B05-06, CITY-WIDE RIGHT-OF-WAY MOWING
28
AGREEMENT FOR
CITY-WIDE RIGHT-OF-WAY MOWING
THIS AGREEMENT FOR CITY-WIDE RIGHT-OF-WAY MOWING (this "Agreement")
is made this _ day of , 2004, 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 a Florida
corporation, whose mailing address is (hereinafter
referred to as the "Contractor").
WIT N E SSE T H:
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 three (3) consecutive one (1)
year terms, with the first one (1) year term beginning on (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.
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.
29
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
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.
30
ALL MATERIALS PROVIDED BY THE CONTRACTOR, SHALL BE
MERCHANT ABLE AND BE FIT FOR THE PURPOSE INTENDED.
THE CONTRACTOR SHALL BE
INCIDENTAL OR CONSEQUENTIAL
RESUL TING 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
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.
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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
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
32
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.
33
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:
, a Florida
corporation
By:
Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2005
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):_
34
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
, 2005.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 2005
UNDER AGENDA ITEM NO.
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 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
,2005.
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):
35
EXHIBIT" A"
36
EXHIBIT "B"
37
BID FORM
BID BOS-06
CITY-WIDE RIGHT-OF-WAY MOWING
1. Average Uniform Price per Acre:
$ 36.00
Thirtvsix
dollars & 00/100
cents.
2. First Year Total Annual Bid (for total acreage shown on Exhibit" A"): $ 6 9 , 3 0 3 . 6 0
sixtynine thousand dollars & 60/100
three hmndred three
3. Per Cycle Price: $ 3,850.20
cents.
three thousand eight
hundred fifty
dollars & 20/100
cents.
companYN~ M,,~_ Woods
Signature: -;t
Print Name: David C. Mason
Landscaping, Inc.
Title: President
Dme: February 16, 2005
22
BID FORM
BID B05-06
CITY-WIDE RIGHT-OF-WAY MOWING
1. Average Uniform Price per Acre:
$ 3C1. m
.. . dollars & ----.nft\j cen~.
2. First Year Total Annual Bid (for total acreage shown on Exhibit "A"): $ '"l~ 1 ()y~-y
&veV1l\jSi'i lnOUSUV\cJ .~~ Df'O dollars & PI f f'j ~ y cents.
3. Per Cycle Price: ~,'21 ~ I S-~
\tJllv'\nOUXU!>t \f\.\;{) ~\;rctAft.ol dollars &~e cents.
Jv...e1A d-j rQWf
CompanyName:CCCflJ .f2V\ \v/(YUV)vll,\-kLV1.~{ ~-t:1/\IlG(f~ f /7 L_
cJ) G I
Signature: trCVlj{ Ot~1'<J
Print Name: L{,-{, YV CC;{TlJ
Title: Pres \ cU__A/-YI
Date: \1 I' IZ~ ~005
22
BID FORM
BID B05-06
CITY-WIDE RIGHT-OF-WAY MOWING
1. Average Uniform Price per Acre:
LY9.6D
Fort) (\ i n L. dollars & _h ~ +, cents.
2. First Year Total Annual Bid (for total acreage shown on Exhibit "A"): $ q~) ::1 'l:J . :5Lf
. I" ~""J:o'\.6.r~ t'\ \ "'-~ -\v.>":::'
.~ h 'IL Tho~s;~" -+w~ollars & _ F\~, h:,.;("" cents.
3. Per Cycle Price: $ 6. a <i_~ . 66
f ' ' nul (Y"N\.. \., ~v ('
~ i \I L +'~~~^-A \--\.)...)Co ~\lV\~'dOllarJ & ---rh<'<2..C.- cents.
Signature:
Company Name:
Print Name:
Title: ~(.e..s;dqLl\+
Date: :;l} (, \ DS"
22