Loading...
Contract 2020-004AVENDOR NAME: Enter Rrm's Name Here The County does not guarantee a minimum or a maximum dollar amount to be expended on any contract resulting from this Invitation to Bid (ITB). Prices shall reflect full compensation for all work specified in this solicitation. Item Item Description Unit Estimated Price Per CY Extended No. Units Per Ye Price I Furnish and Install ADA Mulch at Astor Lions Park, 54835 CY 100 / $0.00 Alco Road, Astor, FL 32102 � j %5 I 2 Furnish and Install ADA Mulch at East Lake Community CY 300 $0.00 Park, 24809 Wallick Road Sorrento, FL 7 7 3 Furnish and Install ADA Mulch at Femdale Preserve, 19220 CY 100 37 7� $0.00 CR 455, Ferndale, FL 4 Furnish and Install ADA Mulch at Minncola Athletic CY 100 3 7;-' $0.00 Complex, 1300 Fosgate Road, Minneola, FL 7 5 Furnish and Install ADA Mulch at Lake Idamere Park, CY 100 $0.00 16141 CR 448, Tavares, FL 32778 3-7 6 Furnish and Install ADA Mulch at Lake Jem Park & Boat CY 150 $0.00 Ramp, 16141 CR 448, Tavares, FL 32778 37, 7S 7 Furnish and Install ADA Mulch at Lake Mack Park, 21235 CY 50 $0.00 Lake Drive, Deland, FL 32720 37 75 Furnish and Install ADA Mulch at Marsh Park & Boat 8 Ramp, 36545 Yale Retreat Road, Eustis, FL 32726 CY 50 37 7S $0.00 9 Furnish and Install ADA Mulch at McTureous Memorial CY 100 7 7� $0.00 Park, 42100 SR 19, Altoona, FL 32702 37. and Install ADA Mulch at Mt. Plymouth Park, 10 IFumish 31300 Lockmore Circle, Mt. Plymouth, FL 32776 CY 50 37 7� $0.00 Furnish and Install ADA Mulch at North Lake Community I I Park, 40730 Roger Giles Road, Umatilla, FL CY 400 37 75 $0.00 12 Furnish and Install ADA Mulch at Paisley Community Park CY 100 3 7. $0.00 24956 CR 42, Paisley, FL 32767 Furnish and Install ADA Mulch at Palatlakaha River Park & 13 Boat Ramp, 12325 Hull Road, Clermont, FL 34711 CY 50 37 75 $0.00 14 Furnish and Install ADA Mulch at PEAR Park, 26701 US CY 100 $0.00 Hwy 27, Leesburg, FL 34748 3 7 % 15 Furnish and Install ADA Mulch at Pine Forest Park, 32520 CY 150 3 7 75 $0.00 CR 44, Deland, FL 32720 16 Furnish and Install ADA Mulch at Scott Park, 25633 CY 50 $0.00 Aberdovey Avenue, Mt. Plymouth, FL 32776 37. 17 Furnish and Install ADA Mulch at Sorrento Park, 31535 CY 200 -"" $0.00 Church Street, Sorrento, FL 32776 3 7 7) 18 Furnish and Install ADA Mulch at Twin Lakes Park, 35303 CY 80 % $0.00 CR 473, Leesburg, FL 34788 3 7� 19 Furnish and Install ADA Mulch at South Umatilla Park, CY 30 3 7 73 $0.00 17107 Ball Park Road, Umatilla, FL 32784 Furnish and Install ADA Mulch at South Lake Regional 20 Park, Corner of Cathedral Lane and Max Hooks Road, CY 30 37 %< $0.00 Groveland, FL 34736 Furnish and Install ADA Mulch at Pine Meadows 21 Recreation Area, 1900 Pine Meadows Golf Course Road, CY 30 , $0.00 Eustis, FL 32726 3'7 $0.00 Vendor confirms that it meets all qualifying criteria state in the Scope of Services and has attached proof: Provide the brand of mulch specified: By marking this block, vendor confirms that a five (5) pound sample has been submitted with the proposal for approval and complies with requirements as stated in this solicitation. The following information is required in order to be granted a price redetermination. s quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, AssumEce insurar employee benefits, materials, overhead, operating expenses, etc., what 0. 4 percene rate is directly attributed to the cost of fuel? 9a Which firm use: Diesel fuel or Gasoline? Assums quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, materiead, operating expenses, etc., what percentage of the rate is directly attributed t 00066 the coes? Assuming prices quoted include costs for vehicles, maintenance, fuel, wages, insurances, other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is �� directly attributed to the cost of materials? #2020-04-A AGREEMENT FOR FURNISH AND INSTALLATION OF ADA MULCH THIS AGREEMENT, is made and entered into this 2. t7 day of Fe-baiaw 2020, 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 iMULCHFL, INC., whose address is: 210 Tubbs Street, Suite 569, Oakland, FL 34760, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the Lake County B.C.C. through the public procurement process awarded an Agreement for furnish and installation of ADA mulch, Lake County B.C.C. Contract Number 20-0410; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the Lake County B.C.C. Contract Number 20-0410; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall furnish and installation of ADA mulch as described in the Lake County B.C.C. Contract Number 20-0410, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE II — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B', attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION This Agreement is to become effective upon execution by both parties, and shall remain in effect until December 17, 2020, unless terminated or renewed by the Lake County B.C.C. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 3. Upon mutual Agreement of the parties, this Agreement may be renewed for four (4) additional year term. ARTICLE IV — COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all items in the timeframe as reasonably set forth in the applicable purchase order or notice to proceed. ARTICLE V — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. 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 CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 2 ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its 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 subCONTRACTOR 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 Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. Each Accident, $100,000 Disease -Each Employee, $500,000 Disease -Policy Limit, $100,000 2. CONTRACTOR's Commercial General Liabilily Insurance - The Contactor shall take out and maintain during the life of this Agreement, Commercial General Liability and Business 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 Commercial General, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit; (b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit; (c) Miscellaneous Professional Liability, $1,000,000 Each Claim and Aggregate Limit; (d) Medical Expenses, $5,000, Any one Person (e) Fire Damage, $50,000 (f) Products -Completed Operations, $2,000,000 Insurance clause for both COMMERCIAL GENERAL AND AUTOMOBILE BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubCONTRACTOR's Commercial General Liability Insurance - The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of its subcontract, insurance of the type specified similar to above per their scope of work and what is required with their contract with CONTRACTOR. 4. Indemnification Rider 3 (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY its agents and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its 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 such acts are 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; however, this indemnification does not include sole acts of negligence, damage or losses caused by the CITY and its other contractors. (b) In any and all claims against the CITY 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 CITY for the indemnification provided herein. 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: iMulchFL, Inc. 210 Tubbs Street, Suite 569 Oakland, FL 34760 Attn: Steven Richards, Vice President CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 2 ARTICLE IX — MISCELLANEOUS l . 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, in addition 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. 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. AssiMent. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, 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: 61 (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 authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE X — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order/Notice to Proceed 3. An applicable Contractor Quote or Statement of Work 4. All documents contained in the Lake County B.C.C. Contract Number 20-0410. lei IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this—Zlday of Cebrua r 2020. Attest: l Tracy Ackroyd Howe, City Clerk iMulchFL, Inc. By: (Name Printed or Typed) it 2 Title Attest: Corporate Secretary (Name Printed or Typed) 7