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2015-58 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 30 day of ` ' A 2015, A.D., by and between the City of Clermont 685 West Montrose 17t, Cle .nt, Florida (hereinafter referred to as "OWNER"), and HELPING HAND LAWN CARE, INC., P.O. Box 1704, Sorrento, FL 32776 (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in the bid documents and specifications entitled: RFB NO. 15-030—Mowing Services as prepared by Owner and its agents shall do everything required 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 OWNER shall pay to the CONTRACTOR, for the faithful performance of the Contract as set forth in the contract documents in accordance with the Unit Price Schedule, attached hereto and incorporated herein as Exhibit "A", in lawful tender of the United States. ARTICLE III - COMMENCEMENT AND COMPLETION OF WORK 1. The CONTRACTOR shall commence work within 10 calendar days after receipt of a Notice to Proceed or Purchase Order, and shall provide the services on a monthly basis in accordance with a schedule to be agreed-upon with the Owner. 2. The CONTRACTOR shall perform all services in a diligent and professional manner an in accordance with all applicable laws. 3. The CONTRACTOR further declares it has examined the sites of the work and that from personal knowledge and experience or that it has made sufficient investigations to fully satisfy it that such sites are correct and suitable for the work and it assumes full responsibility therefore. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. 1 Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the OWNER's representative and his decision shall be final and binding upon all parties. 4. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the OWNER or by any agent or representative as in compliance with the terms of this Contract and/or the Specifications covering said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Contract and/or the Specifications covering said work; and the OWNER may require the CONTRACTOR and/or his Surety to redo any service provided to comply strictly and in all things with this Contract and the Specifications. ARTICLE IV - PAYMENTS In accordance with the provisions fully set forth in the Contract Documents as provided, the OWNER shall pay the CONTRACTOR within thirty (30) days of the receipt of a valid and accurate invoice for services provided during the prior month. The invoice shall not become due and payable until approved by OWNER. CONTRACTOR shall not bill OWNER more frequently then one time per month. ARTICLE V—TERM 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 one (1) year thereafter, whereupon it shall automatically expire, unless renewed by CITY as provided herein. CITY at its sole option shall, upon written notice to CONTRACTOR,have the right to renew this contract for two (2) additional one (1) year terms. Prior to the expiration of the initial term and any subsequent renewal thereafter, CITY may consider an adjustment to price based on changes in the Consumer Price Index (CPI) or minimum wage law as documented by CONTRACTOR. As a condition precedent to consideration by the CITY, CONTRACTOR shall provide CITY a written request for adjustment in accordance herewith sixty (60) days prior to the anniversary date of the contract. Any such renewal may be approved in the sole discretion of CITY. ARTICLE VI—DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The Owner and Contractor shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another 2 location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VII—INSURANCE, INDEMNIFICATION RIDER AND SAFETY 1. Worker's Compensation Insurance - The Contractor shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the Owner, for the protection of employees not otherwise protected. 2. Contractor's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) Contractor's Comprehensive General, $500,000 Each ($1,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $300,000 Each Bodily Injury&Property Damage Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Subcontractor's Public Liability and Property Damage Insurance - The Contractor shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4. Owner's and Contractor's Protective Liability Insurance - The Owner shall procure and furnish an Owner's and Contractor's Protective Liability Insurance Policy with the following minimum limits: (a) Bodily Injury Liability& $500,000 each ($1,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit 3 5. "XCU" (Explosion, Collapse, Underground Damage) - The Contractor's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 6. Broad Form Property Damage Coverage, Products & Completed Operations Coverages - The Contractor's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. 7. Contractual Liability Work Contracts - The Contractor's Liability Policy shall include Contractual Liability Coverage designed to protect the Contractor for contractual liabilities assumed by the Contractor in the performance of this Agreement. 8. Indemnification Rider (a) To cover to the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property(other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abndge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the Owner or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The Contractor hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner for the indemnification provided herein. 4 9. Safety — At all times while performing the services contemplated herein Contractor agrees to comply with OWNER'S published safety standards. A copy of these standards is attached hereto and incorporated herein as Exhibit "B". CONSULTANT shall have full responsibility and assume all liability for the safety and supervision of its employees while performing services provided hereunder. ARTICLE VIII -NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to'whom it is intended. CONTRACTOR: Helping Hand Lawn Care, Inc. 27505 CR. 561 Tavares, FL, 32778 P.O. Box 1704 Sorrento, FL 32776 Attn: Elder Norman Ripper, President OWNER: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, inaddition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 5 J _ 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by contractor. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by contractor, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authonzed by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. 6 ARTICLE X - 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 RFB 15-030 Mowing Services and CONTRACTOR's June 25, 2015 response thereto, including any and all addenda or amendments thereto. IN WITNESS . HEREO , the parties hereto have executed this Agreement on this 3 day of !/ A 2015. I City of Clermont 4111 D. Lt, a , ity ..-ager Attest: S'4465IL Tracy Ackroyd, City Clerk , Helping Hand Lawn Care, Inc. By: C • 1" 01µa - a .Q r, President (Name Printed or Typed) / I Attest: rp f e ary �tbi�c/o1/(Pinc-rpl (Name Printed or Typed) 7 EXHIBIT A 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 1 Unit Unit Price Total 1Environmental Services Dept.—East 29/Visits4p 3 16. 00 Wastewater Treatment Plant Mowing , 2 Environmental Services Dept.—Sunburst Lane Water Treatment Plant Mowing 29/Visits 11 S. 0 ei ) 30 s• 00 Environmental Services Dept —Greater 3 Hills Water Treatment Plant Mowing 291 Visits s,dD ) 3�s. OCT 4 Road Right-of-Way and Stormwater 29/Visitss $00.00 Treatment Pond Mowing 6D, 00 5 Lake Hiawatha Preserve Mowing 8/Visits )000.00 1 G OQ 0. oO 6 Clermont Arts& Recreation Center 9/Visits J 00,OG 500, a o Total Price q (Items 1 Through 6) . I 0 'IC1.ei RFB No• 15-030 Page 13 of 31 • SECTION - C PRICE SCHEDULE By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is acting in an authorized capacity to execute this response The respondent also certifies thatlt can and will provide and make available, at a minimum, the items set forth in this solicitation Respondent Information gar3Signature Company Name(pent) FtE)/);� Hama- �W� Ca/ e.r- p Street Address .'7SO G D C T. SCA 7auar eS Cl 3211g Mailing Address(if different). Po box 11 G Li sof,aw to (( J3..2.176 Telephone: 401 2% I -0 Si :.J Fax• Email I Q wiu L0.(e. h Ot/K�.i 1• GOi Payment Terms ° h� Y U /o O days, netD FEIN 7..0 - 0 0 D -/ 5 7 rofessional License No• P-` 3 Signature. Date. Pnnt Name. £• No"„,,o"a,, R + Per Title. Pf eS a�•'¢ Does the,respondent accept payment using the City's MASTERCARD? ❑ Yes 1-No END OF SECTION-C RFB No 15-030 Page 14 of 31 SECTION — B STATEMENT OF WORK Respondent shall provide all materials, supplies, labor and supervision to provide all grounds maintenance services as described herein on the entire premises of the locations specified herein A The Contractor shall perform national background checks at the Contractor's expense and,submit them to the Utilities Department for verification of eligibility to work on Utilities Department sites. B. All employees must have company picture identification in their possession at all times. SPECIFICATIONS FOR ITEMS 1 THROUGH 4: • Mow areas weekly from June first to November first (22 mows) Areas to be mowed are highlighted in yellow in Section K of this solicitation • Mow monthly from November to May (7 mows) • Pick up debris from grounds before mowing • Using a finishing mower, mowing at the height of 3-1/2" to 4" • Weed eat around all structures. • Edge around all sidewalks, asphalt driveways, landscape areas, etc. • Blow all debris from sidewalks, concrete pads, and asphalt driveway edges. • Line item 2, Sunburst Lane, the interior slopes of the large WRA will be maintained by City staff and it is not part of this project. SPECIFICATIONS FOR ITEM 5: • Bush hog mow monthly from May to December (8 mows). Areas to be mowed are highlighted in yellow in Section K of this solicitation. • Mowing area is approximately 100 acres. • City staff will flag East side of road. • Hand work such as weed eating may be required in sloped areas. • Right of way D.O T certification is not necessary unless equipment will be stopped for more than 15 minutes. RFB No 15-030 Page 10 of 31 SECTION — B STATEMENT OF WORK SPECIFICATIONS FOR ITEM 6: • Mow area behind the Clermont Arts & Recreation Center that backs up to Legends (south and west side of property). Areas to be mowed are highlighted in yellow in Section K of this solicitation • Mow monthly from May to September once per month (6 mows). • Mow from October to April once every two months (3 mows) • Using a finishing mower, mowing at the height of 3-1/2" to 4" • Pick up debris from grounds before mowing • Weed eat around all structures. • Edge around all sidewalks, asphalt driveways, landscape areas, etc • Blow all debris from sidewalks, concrete pads, and asphalt driveway edges SITE VISIT: Sites will be available for inspection from 9:00 A.M. to 3.00 P.M June 9 through June 18, 2015. • To visit site for items 1-3, contact Bob Reed at (352) 241-0178 • To visit site for item 4 and 5, contact David VanDever at (352) 394-7177 • To visit site for item 6, contact Robert Taboas at (352) 263-4914. SAFETY: A. All materials and performance of work shall meet all Federal, State and local safety laws currently in effect. B Contractor and sub-contractors shall provide and ensure the wearing of necessary protective clothing, masks, eye protection, etc , as required by any applicable laws, regulations, ordinances, and/or manufacturer's instruction. C. All equipment used in the performance of these services shall be properly maintained and shall be subject to inspection by the City upon demand Any equipment deemed faulty,,inoperable, unsafe, or improper for its intended purpose shall be removed'from the City's premises. Safety features of equipment (shields, kill switches, etc.) must be used at all times D Maintenance work shall be scheduled to provide the least inconvenience to building occupants and passers-by RFB No 15-030 Page 11 of 31 SECTION — B STATEMENT OF WORK MINIMUM STANDARDS OF PERFORMANCE OF LANDSCAPE MAINENANCE SERVICES: A Grounds shall be clean, neat and well-tended at all times B. At no time shall leaves, trash, clippings or other debris be allowed to accumulate C All organic trash, including grass clippings from mowing and edging, shall be blown or vacuumed from all sidewalks, entryways, steps, plazas and parking lots Care shall be taken to prevent debris from entering waterways, grating, drains, manholes, buildings, etc Blowers shall be directed away from these areas. D. All edges shall be dressed not less than once per month and as often as necessary to maintain clean edges around all plant beds, curbs, sidewalks, streets, trees, plants and buildings. PARKING LOTS: Parking lots shall be kept free of trash, including glass, fallen limbs and other debris DRAINAGE DITCHES AND CANALS: Where there are a series of ditches, swales and canals, Contractor shall cut vegetation three (3) to four (4) feet from the crest of the bank. Care shall be given not to scalp vegetation along these ditches so as to maintain the structural integrity of the banks Contractor shall use a string trimmer (weed eater) on the upper one (1) foot of all canal banks Canals deeper than four (4) feet shall not be the Contractor's responsibility. Care shall be taken to prevent mowing/trimming debris from entering the canals, waterways, ditches, manholes, drains, etc. Any blowers shall be directed away from these areas END OF SECTION — B RFB No 15-030 Page 12 of 31