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2013-65 ATHLETIC FIELDS TURF MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 22_ day of O 1o)0er 2013, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and AGH MANAGEMENT, LLC., a Florida Limited Liability Company, 10239 Dovehill Lane, Clermont, FL 34711 (hereinafter referred to as "COMPANY"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The COMPANY shall furnish field maintenance services as scheduled and on an as needed basis to various locations within the CITY as more particularly in the bid documents and specifications entitled: RFB NO. 14-002 Athletic Fields Turf Maintenance as prepared by CITY and shall do everything required therein and by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. ARTICLE II - THE CONTRACT SUM The CITY shall pay to the COMPANY for the faithful, accurate and complete performance of the services contemplated herein and based on authorized and approved request for services as described in the Contract Documents, an amount as set forth in the COMPANY'S Price Schedule included and made a part of COMPANY'S response to RFB No. 14-002 and as set forth in Exhibit "A" attached hereto and incorporated herein. ARTICLE III - PROVISION OF SERVICES AND COMPLETION OF WORK 1. The COMPANY shall only provide to CITY maintenance and repair services upon receipt of an authorized work order from CITY and shall provide the services in the manner and timeframe and as set forth in RFB No. 14-002. 2. COMPANY, upon receipt of a request for service hereunder shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the services requested 3. It is expressly understood and agreed that the passing, approval and/or acceptance of any repair services contemplated herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY. 4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of services at anytime during the term hereof. ARTICLE IV—LIQUIDATED DAMAGES 1. It is mutually agreed that time is of the essence in regard to this Contract. Therefore, notwithstanding any other provision contained in the Contract Documents, should the COMPANY fail to complete the work within the specified time as set by any work authorization of Notice to Proceed issued by CITY, or any authorized extension thereof, COMPANY shall pay to CITY the sum of TWO HUNDRED AND FIFTY DOLLARS ($250.00) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date; which sum shall represent the damages sustained by the CITY, and shall be considered not as a penalty, but in liquidation of damages sustained. COMPANY shall pay the liquidated damages amount contained herein to CITY within fifteen (15) days of receipt of CITY's written demand for such payment. 2. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day schedule for protection. ARTICLE V -PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, and subject to additions and deductions as provided, the CITY shall pay the COMPANY within thirty (30) days of the receipt of COMPANY'S invoice, provided that CITY has accepted the services that are subject to the invoice and CITY has not objected to payment thereof. COMPANY'S invoice shall specifically identify the services provided, including an itemization of hours or portions thereof expended by COMPANY'S technicians and any and all parts installed. ARTICLE VI—TERM 1. This Contract shall take effect upon the date that it is last executed by the parties as set forth below and will continue in effect for three (3) years thereafter, whereupon it shall automatically expire, unless renewed by CITY as provided herein. Any expiration or termination of this Contract, including any renewal term, shall continue to remain in full force and effect for the purposes of any warranty or guaranty period applicable to any services provided by COMPANY. CITY at its sole option shall, upon written notice to COMPANY,have the right to renew this contract for three(3) additional one(1) year terms. Except as provided below, COMPANY expressly agrees that the pricing as set forth in Exhibit A hereto, shall remain in effect and constant throughout the entirety of any and all renewal periods hereunder. 2. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes on the U.S. Bureau of Statistics, Producer Price Index (PPI) for the most recent twelve (12) month period (see http://www.bls.gov/ppi/ppi dr.htm Current Edition). It is the COMPANY'S responsibility to request in writing any price adjustment under this provision The COMPANY'S written request for adjustment should be submitted sixty (60) days prior to the anniversary date of the contract. The COMPANY adjustment request must clearly substantiate the requested increase. The written request for adjustment should not be in excess of the relevant price index change. If no adjustment request is received from the COMPANY, the CITY will assume that the COMPANY has agreed that the optional term may be exercised without price adjustment. Any adjustment request received after the commencement of a new option period shall not be considered. The CITY reserves the right to reject any written price adjustments submitted by the COMPANY and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a CITY exclusive prerogative, and not a right of the COMPANY. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. ARTICLE VII—TERMINATION CITY may terminate this Contract for cause at anytime and may also terminate without cause upon thirty(30)days written notice to COMPANY. ARTICLE VIII— DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and COMPANY shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held at Clermont City Hall, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE IX—INSURANCE AND INDEMNIFCIATION 1. COMPANY shall provide the insurance as set forth in RFB 14-002 and the Contract Documents. 2. To cover to the fullest extent permitted by law, the COMPANY shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Scope of Work hereunder, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, and (2) is caused in whole or in part by any negligent act or omission of the COMPANY, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. The COMPANY hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE X -NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. COMPANY: AGH Management, LLC. 10239 Dovehill Lane Clermont, FL 34711 OWNER: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE XI—MISCELLANEOUS 1. Waiver. The waiver by CITY of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 2. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 3. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 4 Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by COMPANY. 5. Assignment. This agreement is personal to the parties hereto and may not be assigned-by COMPANY, in whole or in part, without the prior written consent of city. 6 Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 7 Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 8 Records. COMPANY understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. Contractor expressly agrees that it will comply with all requirements related to said law and that it will hold city harmless for any such disclosure related to Florida's Public Records Law. ARTICLE XII CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: 1. Contract Agreement 2. All documents contained in RFP No.: 14-002 Athletic Fields Turf Maintenance, any and all addenda and amendments thereto and COMPANY'S September 30, 2013 Y eP response thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 2 2 day of OC.' Ar , 2013. Attest: City of Clermont f41 -y, •S'� Sn � � ` � k`* r:,, ,Tracy Ackroyd, City Cler \ Hare urvi', Jr., Mayor'W J Z; Date: c5?o"2i oZU/3 • a� n�eaa�ti j,� Attest: AGH Management, LLC Co ••rate Secretary Ashley His bn, Manage Date to fa 5 f`3 Bid 14-002 EXHIBIT A Lc City of Clermo t 886 W.Montrose Street Clermont,Fl.34711 (362)394.4081 REQUEST FOR BID Athletic Fields Turf Maintenance CONTACT INFORMATION: RFB No. 14-002 ISSUED DATE.August 23, 2013 Freddy Suarez, MPA, CPPB RESPONSE DUE DATE: October 3.2013 at 2:00 P.M. (EST) Purchasing Manager PRE-SUBMISSION MEETING: September 13.2013 at 10:30 A.M. EMAIL: fsuarezCa�clermontfl.orq DEADLINE FOR WRITTEN QUESTIONS: September 26. 2013 Phone: (352)241-7386 at 3:00 P.M. and must be submitted through BidSync. I SOLICITATION RESPONSE: Sealed responses will be received until the response due date specified above or as otherwise amended. No late responses will be accepted. Responses may be submitted electronically through www.bidsvnc.com or may be delivered to: City of Clermont Purchasing Division, 685 West Montrose Street, 2nd Floor, Clermont, FL 34711. OFFER PERIOD: All responses shall remain firm for a period of 90 calendar days from the response due date specified above or as otherwise amended. The following documents, if indicated below, must be completed and submitted with response. SECTION A SECTION B X SECTION C Procedures Statement of Work Price Schedule SECTION D SECTION E SECTION F Evaluation Process Terms and Conditions X Conflict of Interest SECTION G SECTION H SECTION I X Drug-Free Workplace X Public Entity Crimes X Supplemental Questionnaire SECTION J SECTION K SECTION L X Work References Maintenance Area Map Intentionally Omitted SECTION M SECTION N SECTION 0 Intentionally Omitted Intentionally Omitted Intentionally Omitted COMPANY NAME' PHONE AGH MANAGEMENT,LLC (352)227-8197 MAILING ADDRESS' NAME OF AUTHORIZED REPRESENTATIVE 10239 DOVEHILL LANE CLERMONT, Fl 34711 KEVIN HUDSON 9/25/2013 11 45 AM p 4 AGH Management AGH Management, LLC has reviewed and understands the guidelines and scope of services the City of Clermont is soliciting in RFP No. 14-002. AGH Management is a small business located at 10239 Dovehill Lane in Clermont and has been established since 2008. Employees of AGH reside in Lake County, primarily in South Lake County. For the past four years, Kevin Hudson,AGH Managements' representative and project manager, has been consulting with the City of Clermont Parks and Recreation Department.AGH has serviced the City's -athletic fields by treating and spraying for pest,insects,weeds and developing and customizing fertilizer programs for their athletic fields. As well as,working in conjunction with the City,AGH Management has been under contract with the NTC Sports/Live Well campus since 2008, maintaining their athletic turf. Kevin Hudson is our representative and Project Manager for all our turf services we provide. He has been with AGH Management since it began. Kevin received his degree from Lake City College in 1995. Lake City College is accredited and considered one of the top three colleges in the country in the field of Agronomy,the study of grass. His specialty is identifying and treating different diseases, insects and weeds on all types of southern grasses, including Bermuda and Bahia grasses. He holds the Ornamental and Turf Commercial applicator license required by the state.Since graduating in 1995, Kevin has been involved in the golf course/athletic turf industry. He has worked from the initial ground breaking and building to renovating golf courses and athletic fields. He has maintained the day to day operations of golf courses and athletic turf while staying within a budget.AGH and Kevin are capable of completing all phases of construction in the turf industry. AGH Managements'employees are also fully trained to install, repair,design and handle any irrigation need that may arise. I believe Kevin Hudson and AGH Managements'staff provides the education, background, commitment to high standards of quality and service the City of Clermont has outlined for this solicitation.We have the necessary resources,employees and equipment to provide the services at the level the City is requiring. AGH Management is very excited and interested in this project. If we are awarded this contract by the City of Clermont,you have our commitment to receive the required scope of services as requested,as well as,our determination to always exceed your expectations.AGH Management's employees will show the utmost professionalism,courtesies and respect at all times.Thank you for this opportunity in accepting our proposal to maintain the athletic fields located throughout Clermont. 10239 Dovehill Lane • Clermont, Florida 34711 SECTION —A RESPONSE PROCEDURES 1 — PURPOSE The purpose of this solicitation is to receive responses from qualified respondents to provide athletic field turf maintenance for the Recreation Department in accordance with the terms, conditions, and specifications contained herein. The City of Clermont uses BidSync, a central notification system which provides bid notification services to interested vendors. BidSync allows for vendors to register online and receive notification of new solicitations, addendum and awards. There is no charge to vendors/contractors to register and participate in the solicitation, nor will any fees be charged to the awarded vendor Vendors with internet access should review the registration options at the following website. www.bidsvnc corn. If no internet access is available, please contact BidSync vendor support group at 800-990-9339. 2— PRE-SUBMISSION MEETING Friday. September 13. 2013 at 10:30 A.M. All potential respondents are encouraged to attend this non-mandatory pre-submission meeting The meeting will present an opportunity to ask questions and/or seek clarification regarding any and all aspects of this solicitation. The City will provide written responses in the form of addenda to formal and material questions received during this meeting. Any verbal discussions at the meeting shall not be considered part of the solicitation unless incorporated into the solicitation through the formal written addenda process. Questions asked at the meeting that cannot be adequately answered during the meeting may be deferred until issuance of the addenda. A copy of the questions and the responses will be available to all potential respondents in the form of addenda. Potential respondents are requested to bring this solicitation document to the pre- submission meeting as additional copies may not be available Meeting Location: City Hall Council Chambers (1st Floor) 685 West Montrose Street, Clermont, Florida Meeting will begin promptly at the time specified above. 3 — QUESTIONS DEADLINE To ensure that all prospective respondents have accurately and completely understood the requirements, the City of Clermont — Purchasing Division will accept written questions up until 3:00 P.M. on Thursday, September 26, 2013 Verbal inquiries will not RFB No 14-002 Page 2 of 38 SECTION —A RESPONSE PROCEDURES be accepted and potential respondents are instructed to only seek additional information or clarification or to communicate in writing with the Purchasing Manager. The City of Clermont requires all questions relating to this solicitation be entered through the "Create New Question" option available on the BidSync website. Responses to questions will be provided online at www bidsvnc.com. • ALL QUESTIONS MUST BE SUBMITTED PRIOR TO THE DEADLINE. • QUESTIONS WILL NOT BE ANSWERED VIA TELEPHONE OR FAX. 4— SUBMISSION OF RESPONSE (a) Electronic Responses Electronic responses may be received through a secure mailbox at BidSync.com until the date and time as indicated in this solicitation All responses will be recorded publicly at the date, place, and time specified in this solicitation It is the sole responsibility of the respondent to ensure its bid reaches BidSync prior the due date as indicated in this document. (b) Uploading Electronic Documents Once the 'Place Offer' button has been selected in BidSync, a screen will appear allowing the vendor to enter their response information There will be an 'Upload New' link next to the 'Attachments' heading on this page To upload the attachment, select the 'Upload New' link In the new window that will appear, select the 'Browse' button, locate the desired document on hard drive, highlight the document, and select 'Open' In the pop-up 'Upload Attachment' window, the document heading will be shown. Select the 'Submit' button to save the uploaded document. The screen will then refresh and the document heading will be shown next to the 'Attachments' heading on the 'Submit Offer' page. Once all information is uploaded, ensure the 'Submit Offer' option at the bottom of the page is selected. A confirmation page will appear, and a password will have to be entered to confirm information entered on previous page. (c) Hardcopv Responses: Respondents submitting a hardcopy must provide one (1) original response. Responses must be completed in pen (preferably in blue ink) or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above and initial. Any illegible entries, penciled or corrections not initialed, will not be tabulated. Responses must be signed in ink or it will not be considered for award RFB No 14-002 Page 3 of 38 SECTION —A RESPONSE PROCEDURES 5 — DELIVERY OF RESPONSE All hardcopy responses must be received in a sealed envelope or box with the solicitation number, title and company name clearly marked. "SOLICITATION NUMBER, SOLICITATION TITLE AND COMPANY NAME" Responses will not be accepted by facsimile transmission or electronic mail Responses submitted early may be withdrawn prior to the deadline by the responder. All responses .must remain valid for at least 90 calendar days, and will remain the property of the City. It is the sole responsibility of the respondent to ensure the timely delivery of the response. The City will not be responsible for the failure of service on the part of the U.S. Postal Service, courier companies, or any other form of delivery chosen by the respondent. All documents must be delivered or mailed to the following location prior to 2:00 P.M. (EST) on Thursday, October 3, 2013. City of Clermont City of Clermont Purchasing Division Purchasing Division P.O. Box 120219 685 W. Montrose Street Clermont, FL 34712-0219 Clermont, FL 34711-2119 6 — SOLICITATION DEADLINE Responses will be publicly opened and read in Conference Room 232, 2nd Floor, by the Purchasing Division, 685 W. Montrose Street, Clermont on Thursday, October 3, 2013 at 2:00 P.M. (EST). 7 — RESPONSE INFORMATION AS PUBLIC DOCUMENTS Any and all materials initially submitted or subsequently submitted as part of this solicitation process shall become property of the City and shall be treated as City documents subject to typical practice and/or applicable laws for public records. Otherwise, the City will not distinguish or treat any material received as confidential, proprietary, and/or a trade secret, unless specifically designated as such by the respondent Furthermore, by submitting a response, the respondent agrees to hold the City harmless for any public use or dissemination of all information submitted through this process RFB No 14-002 Page 4 of 38 SECTION —A RESPONSE PROCEDURES 8 —TIMETABLE The following dates are set forth for information and planning purposes; however the City reserves the right to change the dates as needed Respondents are advised to closely monitor any potential date changes through the City's web based partner BidSync at www bidsync corn. (Please note that there is no charge or fee involved for respondents to register and utilize BidSync). Task Date Solicitation issue date August 23, 2013 First newspaper advertisement August 28, 2013 Second newspaper advertisement September 6, 2013 Pre-submission meeting September 13, 2013 at 10.30 A M Questions deadline September 26, 2013 at 3:00 P.M. Release of addenda T.B.A. Response due date October 3, 2013 at 2 00 P.M (EST) 9 — RESTRICTION OF COMMUNICATION Respondents are strongly cautioned that inappropriate efforts to lobby or influence individuals or organizations involved in this selection process may result in dismissal from further consideration 10 — RESERVATION OF RIGHTS TO THE CITY The issuance of this solicitation and the acceptance of responses do not constitute an agreement by the City that it will enter into a contract with a respondent for this project The City reserves the right to extend the response due date, request additional information from any and all respondents, reject any and all responses, cancel the project, and/or re-advertise the solicitation. The City reserves the right to disqualify any respondent at the sole discretion of the City. By submitting a response and subsequent information, the respondents waive the right to object to the exercise of the City's right to disqualify a respondent and/or a response, either now or in the future. RFB No 14-002 Page 5 of 38 SECTION —A RESPONSE PROCEDURES 11 — RESPONSE EXPENSES All costs associated with the preparation to this response shall be the sole responsibility of the respondent, including but not limited to document preparation, and any and all travel expenses. 12 — INSURANCE REQUIREMENTS The selected respondent(s) shall be required to provide proof of insurance within five (5) business days of request, in the amounts indicated below. All suppliers performing work on City property or public right-of-way shall provide the City a certificate of insurance evidencing the coverage and coverage provisions identified herein. Respondents shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverage as required herein or that the subcontractors are included under the contractor's policy The City, at its own discretion may require a certified copy of the policy Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverage or provisions depending on the nature of the work. XX 1 Workers' Compensation and Employer's Liability per the statutory limits of the State of Florida. 2 Comprehensive General Liability (occurrence form), limits of liability $1,000,000 per occurrence for bodily injury property damage to include Premises/ Operations, XX Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement as written in Section-E, Terms and Conditions, No 35). 3 Automobile Liability - $1,000,000 each occurrence — owned/non-owned/hired XX automobiles included 4. Excess Liability - $ 00 per occurrence to follow the primary coverage 5 The City must be named as an additional insured on the liability policies, and it XX must be stated on the certificate 6 Other insurance as indicated: Builders Risk completed value $ 00 Liquor Liability $ 00 _ Fire Legal Liability $ 00 Protection and Indemnity $ 00 Employee dishonesty Bond $ 00 RFB No 14-002 Page 6 of 38 SECTION —A RESPONSE PROCEDURES Professional Liability $ 00 — Other $ 00 — XX 7 Thirty (30) days written cancellation notice required 8 Best's guide rating B+VI or better, latest edition or as otherwise acceptable to the XX City XX 9 The certificate must state the solicitation number and title 13 — CONTRACT PERIOD This contract shall commence on the first calendar day of the month succeeding approval of the contract by City Council or designee, unless otherwise stipulated in the Notice of Award Letter distributed by the City's Purchasing Division; and shall be contingent upon the completion and submittal of all required pre-award documents. The initial contract term shall remain in effect for thirty-six (36) months, and then the contract will remain in effect until completion of the expressed and/or implied warranty period The contract prices resultant from this solicitation shall prevail for the full duration of the initial contract term unless otherwise indicated elsewhere in this document. Estimated quantities, if stated, are for respondent guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous needs. Said estimated quantities may be used by the City for the purpose of evaluating the low response meeting the specifications. 14— OPTION TO RENEW Prior to, or upon completion, of the initial term of this contract, the City shall have the option to renew this contract for three (3) additional twelve (12) month period(s). Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes on the U.S. Bureau of Statistics, Producer Price Index (PPI) for the most recent twelve (12) month period (see http://www bls.gov/ppi/ppi dr htm Current Edition). It is the contractor's responsibility to request in writing any price adjustment under this provision. The contractor's written request for adjustment should be submitted sixty (60) days prior to the anniversary date of the contract. The contractor adjustment request must clearly substantiate the requested increase. The written request for adjustment should not be in excess of the relevant price index change. If no adjustment request is received from the contractor, the City will assume that the contractor has agreed that the optional term may be exercised without price adjustment. Any adjustment request received after the commencement of a new option period shall not be considered RFB No 14-002 Page 7 of 38 SECTION —A RESPONSE PROCEDURES The City reserves the right to reject any written price adjustments submitted by the contractor and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the contractor This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 15 —SITE VISIT It will be the sole responsibility of the prospective respondent to inspect the City's location(s) prior to submitting a response. Submission of a response will be considered evidence that the respondent is familiar with the nature and extent of the work, equipment, materials, and labor required No variation in price or conditions shall be permitted based on lack of knowledge of these conditions. 16 — PERMITS AND REGULATIONS The respondent shall obtain and pay for all licenses, permits and inspection fees required for this project. Respondent shall comply with all laws, ordinances, regulations, and building code requirements applicable to the work contemplated herein. Respondents are expected to hold licenses and registrations for the application of pesticide, herbicide, fungicide, fertilizer and similar chemicals and substances. All respondents are required to be familiar with agronomic principals including, but not limited to, general maintenance, equipment use and care, soil chemistry, turf grass species, identification of weeds, diseases and insects and their control or elimination. 17 —TIE RESPONSES Should there be a tie between one or more respondents, the tie may be broken and the successful respondent selected by the following criteria presented in order of importance, as determined by the Purchasing Manager, shall be awarded the contract or purchase: (1) Quality of the items or services provided if such quality is ascertainable. (2) Delivery time if provided in the response by the respondents. (3) Preference of businesses with drug-free workplace programs as defined in Section 287.087, Florida Statutes. (4) The vendor closest to the City of Clermont City Hall located at 685 Montrose Street, as determined by the Purchasing Manager. (5) If items 1-4 are not applicable, the award will be decided by flipping a coin. RFB No 14-002 Page 8 of 38 SECTION —A RESPONSE PROCEDURES 18 — LIQUIDATED DAMAGES If liquidated damages are assessed, such damages shall be imposed when the delay to the Substantial or Final Completion date of a phase is due to the fault The damages amount is calculated at the rate of Two Hundred Fifty Dollars ($250.00) per calendar day for failure to meet the required date of Substantial Completion. Liquidated damages are the sole remedy for delays caused by the General Contractor The parties agree that Liquidated Damages are not being assessed as a penalty. 19 — PROTECTION OF PROPERTY All existing structures, utilities, services, roads, sidewalks, trees, shrubbery, and property in which the City has an interest shall be protected against damage or interrupted services at all times by the successful respondent during the term of the work. The successful respondent shall be held responsible for repairing or replacing property to the satisfaction of the City which is damaged by the respondent's operation on the property. In the event the successful respondent fails to comply with these requirements, the City reserves the right to secure the required services and charge the costs of such services back to the successful respondent. 20 —STAGING AND EQUIPMENT USE The successful respondent may utilize storage at Palatlakaha Park, 1250 Twelfth Street, for any equipment storage, supplies or equipment within the confines of the inside of the maintenance building. No equipment shall be kept or storage outside the maintenance building. Any damage caused, either at the Palatlakaha maintenance building or while on any City of Clermont parks area, shall be repaired at the successful respondent expense. Any normal wear and tear issues with the maintenance building, field and dugout fencing and other access areas will be maintained by the City of Clermont. If at any time a spill of fuel, oil or other material occurs the successful respondent shall immediately clean the surface with an appropriate absorbing material, sweep, remove from site and disposed of within applicable laws and regulations. Under no circumstance shall maintenance, including refueling, be completed on the fine turf grass. 21 — LEAGUES & TOURNAMENT FIELD SPECIFICATIONS The fields are governed by different organizations for baseball, softball, soccer, lacrosse, and are used by other organizations for various tournaments. All field dimensions, surface requirements, expectations and line painting information will be provided by the City of Clermont for the successful respondent to follow per the various sports utilizing the ball fields. The respondent is expected to understand and follow RFB No 14-002 Page 9 of 38 SECTION —A RESPONSE PROCEDURES these requirements. Some deviations may occur between the minimum requirements to correspond to the specific field and surrounding conditions. The successful respondent shall be familiar with these deviations and the specific requirements of the field. END OF SECTION —A ,RFB No 14-002 Page 10 of 38 SECTION — B STATEMENT OF WORK It is the intent of the City to retain a contractor to supply chemical fine turf maintenance services All work shall be scheduled and coordinated with the Recreation Department staff at least five (5) business days in advance All minor deficiencies shall be promptly corrected within five (5) days; turf deficiencies shall be corrected within thirty (30) days. In the event additional spraying times are required, successful respondent shall notify the Recreation Department to request all spraying or application scheduling. Successful respondent shall provide staffing daily and will replace staff as needed to maintain the level of service required in this RFB for ongoing field maintenance and daily field requirements. Successful respondent shall submit monthly invoices after the completion of services to the Recreation Department. City of Clermont athletic field areas include: Hancock Park Required Services Service Monday— Sunday 3301 Hancock Road, Clermont • Bermuda grass on five softball fields with clay infields • Two multi-purpose football/soccer/lacrosse fields • Six pitching warm up areas with clay • Two batting cages with clay Lake Fetter Park Required Services Service Monday— Sunday 1750 Johns Lake Road, Clermont • Bermuda grass on one football/soccer field • Bermuda grass on one softball field with clay infield McKinney Park Required Services Service Monday— Sunday (minimum twice a week, or as needed per rental schedule) 801 Bloxam Road, Clermont • One clay softball infield only • No need to mow Bahia grass • Maintain clay and lip areas RFB No 14-002 Page 11 of 38 SECTION — B STATEMENT OF WORK Bishop Park Required Services Service Monday— Sunday 950 East Avenue, Clermont • One Bermuda grass infield and Bahia grass outfield with clay infield • One batting cage clay area • Four pitching warm up areas WestPark Required Services Service Monday— Sunday 650 Twelfth Street, Clermont • Two Bermuda little league baseball fields with clay infields • One Bahia grass field with clay infield • Six batting cages with clay Palatlakaha Park Required Services Service Monday— Sunday 1250 Twelfth Street, Clermont • Four Bermuda baseball fields with clay infields • Two Bermuda T-ball fields with clay area around bases and home plates • Six clay batting cages • One Bermuda multi-purpose football/soccer field • Six pitching warm up areas 1 — PLAY FIELD CARE AND MAINTENANCE 1.1 Overview, Uses and Intensity The following section outlines the services, materials and methods to be executed by the successful respondent. The schedule of games and practices will be provided by the City on a weekly basis. 1.2 Limits and Areas The limit is generally the fence area for most fields but will include a number of pitching warm up areas and batting cages 1.3 Services to be Provided There are five (5) divisions of maintenance services to be provided which include preseason, routine field care, practice care and setup, pre-game care and set-up, RFB No 14-002 Page 12 of 38 SECTION — B STATEMENTOF WORK and off season care. These services shall provide the highest level of practices and competition while conforming with the requirements of the league and tournament play The successful respondent shall provide the following supplies. Grass seed, fertilizer materials, weed control materials, insecticides, pesticides, and fungicides The City shall provide the following supplies. Infield clay, mound clay, top dressing soil, limestone, quick dry, and chalk materials Supplies will base on individual need per field, per park All products must be agreed upon by both parties for the general care and maintenance of the ball fields. 1.4 Additional Services When inspections are conducted and it is determined a repair or additional maintenance is require, said .repair/maintenance shall be brought to the City's attention The successful respondent shall submit a quote for the additional service(s) Additional services shall be performed at an hourly rate or project rate agreed upon by the City. The City reserves the right to bid any additional service(s). 1.5 Field Inspections A walkthrough of the field shall be conducted four times a year with a City representative to review the field conditions to determine the level of maintenance/repair required. At minimum, the following shall be conducted: a. Measure and inspect all baseball fields pitcher's mound for conformance with correct mound specifications and dimensions provided by the City based on each fields usage. b. Measure and inspect infield dimensions and edges c Renovate infield-skinned areas, base lines, home plate area and pitcher's mound. Method of renovation will depend upon field conditions, costs, time of year and amount of time needed for renovation. d Edge infields, baselines, warning tracks, pitcher mound and home plate area. e. Weed infield and warning track. f. Address any additional requirements as a result of any City walkthrough. RFB No 14-002 Page 13 of 38 SECTION — B STATEMENT OF WORK 1.6 Routine Field Care Routine field care will be ongoing throughout the year for all baseball, softball and multipurpose fields. All routine field care and repairs shall be executed as outlined below or as per manufacturer specifications of the product. a. Scout for disease, pest, weeds, etc b. Inspect- infield skinned areas, warning track and bullpen for weeds and remove c. Inspect infield (including home base) for uneven/eroded surfaces d. Inspect edge condition between turf and baseline/infield/warning track. Maintain a clean straight edge. All edges must be maintained within their respective league and tournament standards e. Inspect lip condition between infield and turf. f. Inspect perimeter fencing for significant defects or damage g. Inspect batting cages for debris and proper fencing installation and repair h. Inspect turf for wear or uneven surfaces. i. Monitor infield clay surfaces for excessive compaction, erosion and uneven surfaces. j. Application of appropriate pesticides, herbicides, and insecticides as needed based upon scouting results. k. Repair eroded or worn areas on the infield or warning track. I. Edge infield, baseline, warning track, pitcher mound and home plate area. m Recondition infield lip. n. Repair batting cage area as needed. o. Repair field turf as needed. p. Recondition infield-skinned areas, base lines, home plate area and pitcher's mound at a time weather,conditions permit Method of renovation will depend upon field conditions. 1.7 Practice Setup The following shall be completed on the day of practice and not less than one- half hour prior to the start of practice. Practices occur whenever scheduled on a yearly basis with an emphasis on heavy usage during Spring and Fall seasons for most leagues. RFB No 14-002 Page 14 of 38 SECTION — B STATEMENT OF WORK a Rake, level and drag baselines; add field clay if needed b. Rake, level and drag home plate; add mound clay if needed c Rake, level and drag pitcher's mound; add mound clay if needed d Check irrigation heads to confirm they are recessed and providing the appropriate level of irrigation for grass and clay facilities. e. Groom infield f. Rake edges of infield to remove clay from turf to prevent build up of infield mix which may have entered the turf during grooming. g. Water clay areas if needed. h. Install bases, mounds, extra home plate, goals, etc depending on practice being held. 1 8 Pre-Game Setup The field shall be made ready to play a minimum of one hour before a scheduled game time to allow for pre-game practice. Successful respondent is not required to be onsite during pre-game or during the games. Complete the following on the day of a scheduled game. a. Check irrigation heads to confirm they are recessed and irrigation control boxes are firmly in place. b. Groom warning track as needed c Fill in any depressions on the clay and grass fields as needed to maintain a safe playing surface. d. Rake, level and drag baselines; add clay as needed. e. Rake, level and drag home plate; add mound clay as needed f Rake, level and drag pitcher's mound; add mound clay as needed. g. Groom remaining infield. h. Water clay areas if needed. i. Install bases and inspect for tears and ensure anchors are secure j. Ensure pitcher's rubber and home plate is securely installed k. Paint foul lines and event field marking lines on grass at least once a week in season or as needed out of season. I. Lime (chalk) infield lines and batter's box per game and paint home plate, pitcher's mound rubber, and bases as needed RFB No 14-002 Page 15 of 38 SECTION — B STATEMENT OF WORK 1.9 End-of-Season Maintenance At the end of each baseball, softball or multiuse field season, specific site amenities may need to be removed and stored in a location as determined by the City. 2 — NON-TURF MAINTENANCE MATERIALS AND METHODS 2.1 Overview The following describes the materials to be used and furnished as well as methods to be employed for installation/maintenances for all non-turf requirements 2 2 Materials (exclusive to turf and soil mix) a. Baseball infield mix. Field conditioner b Baseball pitcher's mound mix. Mound clay c Baseball home plate mix. Mound clay d Warning track: Warning track mix e. Softball infield mix: Native processed clay mixed with washed sand and free of all debris. f Fencing. Shall be comparable quality, size and installed in a similar manner as the existing fencing. g. Drying agent: Quick Dry or Game Saver h. Line markings: Pulverized lime for skinned areas and white paint (aerosol or water base paint).for turf. 2 3 Methods The following are recommended minimum methods of maintenance and installation of materials: a. Lip Care. Remove infield material which may have migrated through erosion or play from the infield, baselines, coaches, box, home plate or pitcher's mound and warning track from turf through hand removal or flexible steel fan rake so as to not damage turf'or"promote migration of clay into topsoil. b Power washing of field sediments on field surfaces may be required to remove excessive build up of sediments, especially where the clay meets the grass on all field areas Structural maintenance is not the responsibility of the successful respondent. RFB No 14-002 Page 16 of 38 SECTION — B STATEMENT OF WORK c. Edging: Edging shall be done with an appropriate edger that defines a clean and sharp edge. All edging shall be done with guides in place to ensure proper dimensions of the field play area are maintained. Successful respondent shall confirm proper dimensions following edging d. Pitcher's Mound: Pitcher's Mound renovation and repair (including bullpens) must adhere to the guidelines of the league or tournament using each particular field. The City's Recreation Department can provide specific specifications for each field e Warning Track, Infield and Baseline Grooming: Groom utilizing a rigid or flexible infield drag mat fashioned with a leveling bar. Coaches' boxes, on- deck circles, and pitcher's mound shall be groomed using a hand drag groomer. f. Warning Track, Infield and Baseline Weeding. Successful respondent shall inspect and remove weeds from the warning track, infield and baselines by hand, chemical or mechanical means and restore surface to a satisfactory playing condition. g. Infield Renovation. Infield renovation shall be completed by mechanical tilling or nail dragging. The selected method will depend on the condition of the infield. When restoring the infield to its final grade, use laser guided equipment to a tolerance of 0.5%. h. Fencing/Netting: any repairs of fencing shall be performed in accordance with manufacturer/supplier specifications and comparable to existing materials and methods. The City's Recreation Department will supply fencing and netting supplies at their cost. i. Pitcher's Rubber, Home Plate and Bases: if at any time the pitcher's rubber, home plate or a base must be removed, repaired or replaced, it shall be done following the manufacturer's recommended installation methods. 3 —ALL CLAY INFIELDS 3.1 Detailed dragging on fields must be provided at least once a day for all scheduled games and scheduled practice days. During the off season and non-use times, the fields should be drug at least two (2) times a week to keep a safe and maintained infield. Each week, the Recreation Department will provide a schedule with all games and practices that will include times, requirements and any special needs. The Recreation Department will try to provide a list at least forty-eight (48) hours in advance for any additions, deletions or changes to the field schedules RFB No 14-002 Page 17 of 38 SECTION — B STATEMENT OF WORK 3.2 Additional daily field prep may be required for special situations including weather, league play and tournament play. If this service is above and beyond the normal hours of labor at the ball park facilities, an additional fee will be paid to the successful respondent on a per hour basis at a cost of $25 per hour These additional fees will be invoiced to the Recreation Department on a monthly basis and must be agreed upon prior to any additional service being rendered. 3.3 Successful respondent will provide all tools and maintenance equipment needed to groom the clay infields on a daily basis and supply fuel at their expense for all owned or operated machines. It is the responsibility of the successful respondent to maintain, in good condition, all of their machines that will be used on City property 3.4 Laser grade each clay infield each year using the appropriate slope agreed upon by the successful respondent and the Recreation Department The City will provide all additives such infield mix, field clay and field conditioner. The amounts of additives will be at the sole discretion of the City and each field will be evaluated each season to determine each field course of action. 3 5 The City will provide consumable items such as clay, mound clay, field chalk, field paint (aerosol and liquid), quick dry for use on the fields. Quantities can vary based on usage schedule. The City shall be given a week's notice in order to stock any supplies needed or requested by the successful respondent 4—ALL GRASS FIELDS 4.1 Detailed Mowing / Weed Removal / Edging — Shall be performed as needed for Bermuda, rye, and Bahia grasses inside all grass fence areas containing fine turf fields. Should be performed no less than once (1) per week and in the summer months mowing will require twice (2) per week. 4.2 Mowing is permitted Monday — Friday between the hours of 7-A.M and 4-PM The Mowing schedule should be performed around the daily rental times that vary day- to-day throughout the year. 4.3 Successful respondent will provide all tools and maintenance equipment needed to groom the clay infields on a daily basis and supply fuel at their expense for all owned or operated machines. It is the responsibility of the successful respondent to maintain, in good condition, all of their machines that will be used on City property. 4.4 Aerate each ball field grass areas at least once a year with 5/8 hollow tines and/or verti-cut all ball field grass areas once a year Aerate of verti-cut shall be selected based on field turf condition and can vary per year. RFB No 14-002 Page 18 of 38 SECTION — B STATEMENT OF WORK 4 5 Top dress all combination soccer/lacrosse fields (four fields) once a year with 1/4-inch coverage of 80/20 mix (80 sand / 20 organic). 5 —CHEMICAL FIELD MAINTENANCE FOR ATHLETIC FIELDS 5.1 - Chemical lawn maintenance shall cover the application of fertilizers and herbicides for al fields. 5 2 Chemicals used shall be applied only in accordance with the manufacturer's instructions. All products are to be applied in such manner as to insure public safety Successful respondent shall adhere to the rules and regulations of the State Board of Health and other local and federal regulations. The successful respondent shall be responsible for any damages caused by its spraying field or broadcasting MSDS sheets shall be provided on all products utilized in conjunction with the RFBs statement of work and resulting contract. 5.3 Successful respondent shall notify the City forty eight (48) hours in advance upon intent to commence work on any City fields. 5.4 If an infestation of pests and insects is observed after schedule application, the successful respondent shall re-treat the area at no additional charge to the City. 5 5. All respondents must maintain and posses a current Certified Pest Control Operator (CPCO) State of Florida'license. A copy of the license must be provided with response. 5.6 Signs must be posted after each application identifying the chemicals used. 5.7 Chemical lawn maintenance shall be determined from a site specific evaluation consisting of a soil analysis, report of nature infestation and the required corrective action 6 — YEARLY FERTILIZATION AND PEST CONTROL PROGRAM FOR BERMUDA GRASS Month of February. Apply 15-00-15 fertilizer plus 0.67% Ronstar at a rate of 300/lbs per acre Month of April: Apply 21-00-00 ammonium sulfate at a rate of 100/lbs per acre to all grass play field areas Apply fire ant killer Topchoice/Fripronil to all playing areas including all grass and clay areas inside of fence lines once a year as per manufacturer recommendation. RFB No 14-002 Page 19 of 38 SECTION — B STATEMENT OF WORK Month of May. Apply 15-00-15 fertilizer plus 0 67% Ronstar at a rate of 300/lbs per acre to all grass play field areas. Month of June/July: Aerate all grass play field areas with 5/8 hollow tines and verti-cut all grass play field areas. Provide mechanical aeration holes six inches (6") deep and three inches (3") apart. Month of July Apply 12-2-16 fertilizer at a rate of 275/lbs per acre to all grass play field areas. Month of July/August' Top dress all grass soccer fields and any other grass fields as needed per year The City shall provide top dress fill product. Month of October: Apply 10-10-15 to all grass field areas at a rate of 275/lbs per acre Month of Late November/December. Apply 05-10-15 to all rye grass application areas at a rate of 250/lbs per acre. END OF SECTION — B RFB No 14-002 Page 20 of 38 City of Clermont Bid 14-002 SECTION —C PRICE SCHEDULE NOTE: The quantities shown in the Price Schedule are estimates only. They may vary significantly from the actual quantities ordered by the City Payment shall be for the units ordered, placed,and accepted by the City. By signing this form, the respondent fully acknowledges that there will be no additional compensation (no overhead, no anticipated profits, etc) other than the unit price of the items times the number of items authorized, ordered, placed,and accepted by the City. L.N. Description Qty/ Unit Unit Price 1 Hancock Park 1 /Park $74,061.15 2 Lake Felter Park 1 /Park $28,611.50 3 McKinney Park 1 /Park $15,600.00 4 Bishop Park 1 /Park $17,112.50 5 West Park 1 /Park $20,731.26 6 Palatlakaha Park 1 /Park $63,699.00 Grand Total $219,815.41 By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is acting in an authorized capacity to execute this response. The respondent also certifies that it can and will provide and make available, at a minimum, the items set forth in this solicitation. Respondent Information and Signature Company Name(print)* AGH MANAGEMENT, LLC Street Address. 10239 DOVEHILL LANE CLERMONT,Fl 34711 Mailing Address(if different): Telephone: (352)227-8197 Fax: Email: klhudson @cfl.rr.com Payment Terms % days,net 30 FEIN- 26 - 2325442 Professional. License No.: CM20914 Signature. Date 9/30/213 _./. 4= ____Pnnt Name: KEVIN HUDSON Title: PROJECT MANAGER Does the respondent accept payment using the City's MASTERCARD? ❑Yes 2:1 No END OF SECTION —C RFB No• 14-002 Page 21 of 38 9/252013 11 45 AM p 24 SECOND AMENDMENT TO AGREEMENT FOR ATHLETIC FIELDS TURF MAINTENANCE SERVICES THIS AMENDMENT is entered into as of this 31' day of October 2018 and is to that certain Agreement dated October 22, 2013, hereinafter "the Agreement", by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, hereinafter referred to as "CITY" and AGH MANAGEMENT, LLC., 10239 Dovehill Lane, Clermont, FL 34711 hereinafter referred to as "COMPANY." The parties, in exchange for the mutual covenants contained herein and in the Agreement, agree as follows: 1. This Amendment expressly modifies the Agreement and in the event of a conflict, the terms and conditions of this Amendment shall prevail. 2. The Scope of Services and Compensation Schedule referred to and incorporated into the Agreement is hereby amended to include revised compensation to turf maintenance services of the Celebration of Praise property as more particularly described in Attachment"A" attached hereto and incorporated herein. 3. All other terms and conditions set forth in the Agreement shall remain in full force and effect and unchanged as agreed to by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. City of Clermont Attest: ,w1 Darren". , anager Tracy Ackroyd, City Clerk Date: lb ( 3 [ 18 AGH Management, LLC. Attest: By: Ashley Hudson, Ma ..-r Corporate Secretary ATTACHMENT A Notice to terminate the following services from the agreement as of October 31, 2018. Celebration of Praise Property currently known as Parks and Recreation Center. 1 . Mowing (per schedule) $31,972.10 2. Fuel $2,697.13 3. Weed Control $4,591 .09 4. Ant Control $3,400.15 5. Mulch (1 per year) $2,969.41 TOTAL $46,629.88 SECOND AMENDMENT TO AGREEMENT FOR ATHLETIC FIELDS TURF MAINTENANCE SERVICES THIS AMENDMENT is entered into as of this 31St day of October 2018 and is to that certain Agreement dated October 22, 2013, hereinafter "the Agreement", by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, hereinafter referred to as "CITY" and AGH MANAGEMENT, LLC., 10239 Dovehill Lane, Clermont, FL 34711 hereinafter referred to as "COMPANY." The parties, in exchange for the mutual covenants contained herein and in the Agreement, agree as follows: 1. This Amendment expressly modifies the Agreement and in the event of a conflict, the terms and conditions of this Amendment shall prevail. 2. The Scope of Services and Compensation Schedule referred to and incorporated into the Agreement is hereby amended to include revised compensation to turf maintenance services of the Celebration of Praise property as more particularly described in Attachment "A" attached hereto and incorporated herein. 3. All other terms and conditions set forth in the Agreement shall remain in full force and effect and unchanged as agreed to by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. City of Clermont Attest: Darren" .A. anager Tracy Ackroyd, City Clerk Date: Ib I3 118 AGH Management, LLC. Attest: By: asis, !. A Ashley Hudson, Ma . t.-rRP Corporate Secretary ATTACHMENT A Notice to terminate the following services from the agreement as of October 31, 2018. Celebration of Praise Property currently known as Parks and Recreation Center. 1 . Mowing (per schedule) $31,972.10 2. Fuel $2,697.13 3. Weed Control $4,591.09 4. Ant Control $3,400.15 5. Mulch (1 per year) $2,969.41 TOTAL $46,629.88