Loading...
Contract 2020-090ADocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 CONTRACT APPROVAL FORM TO: DARREN GRAY, CITY MANAGER LF� FROM: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR SUBJECT: GROUNDS MAINTENANCE SERVICES FOR THE A.R.C. DATE: DECEMBER 3, 2020 THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and AGH Management, LLC. to provide grounds maintenance services for the Arts and Recreation Center (A.R.C). The agreement shall take effect on January 4, 2021 and shall remain in effect for one (1) year thereafter, unless renewed or terminated as provided in the agreement. Upon mutual agreement, the contract may be renewed for up to four (4) additional one (1) year terms. 2. Why is this action necessary: In accordance with the City of Clermont Purchasing Policy, the City Manager is authorized to approve contracts under $50,000 that do not require a budget amendment. 3. ADDITIONAL INFORMATION: At the request of the Parks and Recreation Department, the Procurement Services Department issued a Request for Bid (RFB) number 20-038 titled Grounds Maintenance Services for the Arts and Recreation Center. The RFB was fully competed, advertised and complies with the City of Clermont Procurement Services Policy. There were two (2) responses to the RFB solicitation. Award is being recommended to the low responsive responsible bidder, AGH Management, LLC. in the annual amount of $45,629.88. 4. FISCAL IMPACT: The fiscal impact of $45,629.88 is consistent with FY 2021 approved budget. 5. EXHIBITS: Bid Tabulation Grounds Maintenance Agreement DocuSigned by: /' oaVtrt l� S . Glra� QEB0�9�B4EE45 Signature APPROVAL AUTHORITY Approved IR Disapproved ❑ Reason/Suggestion (If disapproved) City Manager Title 12/7/2020 Date DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 AGREEMENT NO. 2020-90 FOR GROUNDS MAINTENANCE SERVICES FOR THE A.R.C. THIS AGREEMENT, is made and entered into this 4th day of January 20201, 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., whose address is: 10239 Dovehill Lane, Clermont, FL 34711, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issue RFB 20-038 titled Grounds Maintenance Services for the Arts and Recreation Center; WHEREAS, CONTRACTOR submitted its response dated November 12, 2020 to RFB 20-03 8; WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 20-038 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall furnish grounds maintenance services as described in CITY's RFB 20-038 and CONTRACTOR's November 12, 2020 response thereto, which are expressly incorporated herein and made a part of the Agreement Documents hereto and shall do everything required by this Agreement and the Agreement Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. 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 an amount in accordance with the compensation schedule set forth in Exhibit "A", attached hereto and incorporated herein. ARTICLE III — PROVISION OF SERVICES AND COMPLETION OF WORK The CONTRACTOR shall provide to CITY grounds maintenance services upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in RFB No.: 20-038 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 2. CONTRACTOR, upon receipt of an order 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 items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. 3. It is expressly understood and agreed that the passing, approval and/or acceptance of any grounds maintenance services 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 may require the CONTRACTOR replace the accepted grounds maintenance services so as to comply with the warranties and specifications hereof. 4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. ARTICLE IV — TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect for a period of one (1) year thereafter, unless terminated or renewed as provided for herein. 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 up to four (4) additional one (1) year terms. Sixty (60) days prior to completion of each extended term of this Agreement, CONTRACTOR may request and the City may consider an adjustment to price based on changes in the Producer Price Index (PPI). 2 DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 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 products delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION 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. 3. 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. ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER 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. 2. CONTRACTOR's Commercial General Liabilitv Insurance — The CONTRACTOR 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 as follows: DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 (a) CONTRACTOR's Commercial General Liability, $500,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $500,000 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. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY 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 the 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. 2 DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 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: AGH Management, LLC. 10239 Dovehill Lane Clermont, FL 34711 Attn: Kevin Hudson, Operations Manager OWNER: City of Clermont Attn: Darren S. 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, 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. 5 DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 6. Assi ng ment — 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: (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 must be provided 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. Co DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 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. All documents contained in City of Clermont RFB 20-038 and any amendments thereto. 3. CONTRACTOR's November 12, 2020 response to RFB 20-038. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 7 day of December , 2020. CITY OF CLERMONT FP DocuSigned by: aMAIU s. aVA� 1 ccaea... Darren Gray, City Manager ATTEST: DocuSigned by: T,"q, Ad Nowt Tracy Ackroyd Howe, City Clerk DS 7 DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 AGH Management, LLC. DocuSigned by: �L�V� V" Rdsw" By: (Signature) Print Name: Kevin Hudson Title: Operations Manager Date: 12/4/2020 DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 EXHIBIT "A" SECTION — C REVISED PRICE SCHEDULE NOTE: 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. Description Grounds Maintenance — Zone 1 Qty I Unit 48 / Visits Unit Price $ 608.00 Extended Price (Qty. x Unit Price) $ 29,184.00 1 :2: Grounds Maintenance — Zone 2 24 / Visits $ 205.10 $ 4,922.40 3 Grounds Maintenance — Zone 3 48 / Visits $ 119.01 $ 5,712.48 4 Mulching Annually 1 / Visit $ 1,611.00 $ 1,611.00 5 Fertilize/Pest Control Semi -Annually 2 / Visit $ 600.00 $ 1,200.00 6 Trimming of Hedges/Shrubs Every Other Month 6 / Visit $ 500.00 $ 3,000.00 Total$ 45,629.88 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. Company Name (print): AGH Management, LLC Street Address: 10239 Dovehill Lane Clermont, F1 34711 Mailing Address (if different): Telephone: (352)227-8197 Fax: Email: Klhudson@cfl.rr.com Payment Term FEIN: 26 _ 232442 Professional. License No.: s: % 30 days, net 30 CM20914, LF282668 Signature: �-' Date: 11113/2020 Print Name: Kevin Hudson Title: Operations Manager Does the respondent accept payment using the City's MASTERCARD? ❑ Yes AL No END OF SECTION — C RFB No: 20-038 Page 15 of 30 DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 SECTION — B STATEMENT OF WORK Respondent must provide all materials, supplies, labor and supervision to properly conduct grounds maintenance at the Clermont Arts and Recreation Center as described below. 1 — GENERAL REQUIREMENTS: 1.1 Mow with a finishing mower to maintain a uniform height of 3-1/2 to 4 inches. 1.2 Weed trim around all trees, shrubs, buildings, light poles, signage, posts, fences, flower beds, sidewalks and curbs. 1.3 Edge sidewalks, asphalt driveways, landscape areas, and similar type areas. 1.4 The entrance drive, parking areas, sidewalks, curbs and other hard surfaces must be kept free of leaves, litter and debris. 1.5 All piles of grass clippings must be removed. 1.6 Debris and clippings that have been blown into piles must be collected and removed from the property, and not blown onto adjacent areas, properties, street surfaces, sewer drains, fence lines or planting areas. 1.7 All planting beds at entrances must be weed and grass free. 1.8 Weeds in or around mulched areas that exceed 3 inches in height must be pulled by hand and not sprayed. This includes mulched areas surrounding the building as well as the monument sign at Hwy 27 (does not include parking lot islands, which can be sprayed). 1.9 Apply an herbicidal product to kill grass and weeds in cracks and openings of sidewalks, curbs, roads, parking areas, walls, fence lines, etc. This includes the roadway from Hwy. 27 to the parking area. 1.10 Any damage caused by mowers or equipment must be brought to the immediate attention of the Operations Chief and must be corrected by the successful respondent. This includes, but is not limited to, curbing, signs and posts, ruts, holes and scraping the ground, as well as erosion caused by such issues. 1.11 The successful respondent is responsible for the replacement of trees, shrubs or bushes damaged by improper mowing or edging. 1.12 The successful respondent is responsible for advising the Operations Chief of the need for reseeding or re -sodding of any areas. RFB No: 20-038 Page 11 of 30 DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 SECTION — B STATEMENT OF WORK 2 — ZONE 1 TO ZONE 3 SCOPE OF SERVICES: 2.1 Zone 1 — Weekly Grounds Maintenance (Red Area on Map) • Mow weekly from March 1st to December 31 st (44-times year). • Mow bi weekly in January and February (4-times per year). • Weekly mowing areas along the roadway and along the rear south parking lot must be mowed a minimum of 6feet from the asphalt. 2.2 Zone 2 — Bi-Weekly Grounds Maintenance (Blue Area on Map) • Mow bi-weekly from March 1 st to December 31 st (22-times per year). • Mow once per month in January and February (2-times per year). 2.3 Zone 3 — Walking Trail (Green Area on Map) • Mow weekly from March 1 st to December 31 st (44-times year). • Mow bi weekly in January and February (4-times per year). • The trail must be mowed and/or weed trim to maintain a clear unobstructed path that is free of vegetation, weeds, branches and other debris. • In wooded areas of the trail, the path must be maintain a minimum of 6-feet in width or as determined by the width of the trees along the path. In all other areas the path must be mowed a minimum of 6-feet in width, from each directional posts. • Contractor must only mow along the designated path and must not create additional paths or cut -through areas for access. • If a fallen tree or branch is obstructing a path and cannot be moved, the successful respondent must notify the Operations Chief immediately. If requested by the Operations Chief, the successful respondent must provide a quote for the additional work and remove the obstruction within 48-hours after approval. RFB No: 20-038 Page 12 of 30 DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 SECTION — B STATEMENT OF WORK • Mowers or similar large equipment are not permitted near gopher tortoise holes. These areas are clearly marked with a bright yellow sign. If a gopher tortoise hole is located within the path of the trail a weed trimmer must be used. • Along the North Soccer field, the successful respondent must mow to the top of the hill. Mowing the top of the hill along the pine trees is not permitted due to the high number of gopher tortoise holes in this area. This area will remain natural. • Any growth of vegetation, through the entire length of the chain link fence, at Legends property must be weed trimmed. Hedges in this area must also be maintained free of weeds. 3 — DRAINAGE DITCHES AND SWALES 3.1 Where there are a series of ditches and swales, successful respondent must cut vegetation three (3) to four (4) feet from crest of the bank. Care must be given not to scalp vegetation along these ditches to maintain the structural integrity of the banks. 3.2 Care must be taken to prevent mowing/trimming debris from entering the ditches, manholes, drains, etc. 4 — ADDITIONAL SERVICES Additional services include, but is not limited to, the following: 4.1 Mulching — Annually (1-time per year) • To be completed the first week of May and scheduled with the Operations Chief at least 2 weeks in advance. • Supply and spread 3-inch minimum of fresh red mulch to existing beds. 4.2 Fertilize/Pest Control — Semi Annual (2-times per year) • Apply lawn fertilizer and insect control to all areas that are mowed weekly during Spring and Fall. Must be scheduled with the Operations Chief at least 2-weeks in advance. RFB No: 20-038 Page 13 of 30 DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030 SECTION — B STATEMENT OF WORK • Apply shrub fertilizer to all shrubs and hedges during Spring and Fall. Must be scheduled with the Operations Chief at least 2-weeks in advance. 4.3 Trimming of Hedges/Shrubs — Every other Month (6-times per year) • Hedges and bushes located around the building, at entrances, pool area, along fence line, and front parking lot area must be trimmed to maintain a squared appearance and a minimum 1-foot spacing from wall. Must be scheduled with the Operations Chief at least 2-weeks in advance. All debris must be immediately removed. END OF SECTION — B RFB No: 20-038 Page 14 of 30