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HomeMy WebLinkAbout2000 11 27 Consent B Landscape Maintenance Services Contract Agreement \ , COMMISSION AGENDA ITEM B CONSENT X INFORMATIONAL PUBLIC HEARlNG REGULAR November 27,2000 Meeting MGR rv--;;;;;T jk Authorization REQUEST: Public Works Requesting Authorization to Enter into a Contract Agreement for Landscape Maintenance Services for City Rights of Ways & Ponds. PURPOSE: The purpose of this Board item is to request authorization to enter into a contract agreement with The Bon Terre Group, Inc, for Landscape Maintenance Services of City Rights of Way and Ponds at a cost of$103,590.44, CONSIDERA TIONS: This agreement is needed to continue contractual landscape maintenance services of City rights of way and ponds throughout the City. Bid # ITB OOl-OI/AH was opened on October 25,2000 with The Bon Terre Group, Inc submitting the low bid of$103,590.44, The bid summary is attached. . The Public Works Department divided the Landscape Maintenance Services into three (3) contracts that are as follows: Facilities; SR 434 Medians, Rights of Ways, & Ponds; and City Rights of Ways & Ponds. The Bon Terre Group, Inc is currently under contract for the landscape maintenance services of Facilities - Bid # ITB-OOl-OO/AH and is performing satisfactorily and the contract renewed, P & L Lawn Maintenance, Inc is currently under contract for SR 434 Medians, Rights of Way & Ponds - Bid # 99-003 and is performing satisfactorily and the contract was renewed. November 27,2000 Consent Agenda Item B Page 2 Ground Control Landscaping, Inc is currently under contract for City Rights of Ways & Ponds - Bid # 99-002, Ground Control Landscaping, Inc was purchased by TruGreen LandCare during the contract period and the quality of the service deteriorated and has not met the expectations of the contract, therefore the renewal option was not exercised and this contract was put out to bid prior to contract expiration on November 30,2000. The contract period is for twelve months with an option for a second and third twelve- month period contingent on acceptable job performance. The contract requires a supplemental agreement if changes involve a net increase or decrease to the original contract of more than twenty five percent (25%). Renewals include an escalation clause based on the Producer Price Index not to exceed two (2) percent per year. FUNDING: The scope of work for this contract encompasses two different Departments; Public Works and Stormwater Utility, The funding sources are as follows; Public Works (4410- 54682) $98,055.35 Stormwater (4413-54682) $5,535.09. The bid costs for both Departments are within budget. The funds for this project will be expended over the twelve-month contract period. RECOMMENDA TION: It is recommended that authorization be given to enter into a contract agreement with The Bon Terre Group, Inc for Bid # ITB 001-01/AH, Landscape Maintenance Services for Rights of Way & Ponds including the yearly renewal option for an initial cost of$103,590.44 and escalation clause based on the Producer Price Index not to exceed two (2) percent annually. November 27,2000 Consent Agenda Item B Page 3 IMPLEMENTA TIONSCHEDULE: The new landscape maintenance contract will commence on December 1, 2000 for a twelve-month period with an option for a second and third twelve-month period if the work performance is satisfactory. ATTACHMENTS: 1. Agreement Form 2. City Clerk Bid #ITB OOI-Ol/AH Tabulation COMMISSION ACTION: A TT ACHMENT NO. 1 AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES, RIGHTS OF WAY AND PONDS THIS AGREEMENT is made and entered into this 28th day of November 2000, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, hereinafter referred to as "City", located at 1126 East State Road 434, Winter Springs, FL 32708, and THE BON TERRE GROUP,-INC., a Florida corporation, 1218 Alden Road, Orlando, Florida 32803, hereinafter referred to as "Service Provider". WITNESSETH: WHEREAS, City wishes to obtain landscape maintenance services for rights of way and ponds on a continuing basis; and WHEREAS, Service Provider participated in the selection and negotiation process; and WHEREAS, Service Provider is willing to provide such landscape maintenance services for rights of way and ponds to the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 RECITALS 1.1 The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 2.0 TERM AND DEFINITIONS 2.1 This contract shall be in effect for twelve (12) months commencing on the EffectIve Date. The City may extend this contract for two (2) additional one year terms, provided the City determines, in its discretion, that Service Provider has adequately performed during the previous term of this contract. In the event this contract is extended, the contract price may be adjusted to allow for consumer price increases based on Bureau of Labor and Statistics - Producer Price Index not to exceed 2 (two) percent. The adjustment will be based on the annual contract period from the same period of the previous year and calculated 30 days prior to renewal. The Agreement may be canceled in whole or part by the City or the Service Provider, upon giving at least (30) days written notice prior to cancellation; EXCEPT that non-performance on the part ofthe Service Provider will be grounds for immediate termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under this contract. 2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide the landscaping services approved by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. c. "Service Provider" shall mean The Bon Terre Group, Inc., a Florida corporation, and its principals, officers, employees, and agents. d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manager" shall mean the Public WorkslUtilities Director for the City, or his designee. 3.0 SCOPE OF SERVICES 3.1 Service Provider shall provide landscaping maintenance services for rights of ways and ponds, including the furnishing of all labor, equipment and materials, and the performing of all operations necessary as described in the attached Exhibit "A", Invitation for Sealed Bid, Bid Number ITB-OOO-OllAH. Exhibit "A" is attached hereto and fully incorporated herein by this reference. 4.0 CHANGES IN THE SCOPE OF WORK 4.1 City may make changes in the Services at any time by giving written notice to Service Provider. If such changes increase (additional services) or decrease or eliminate any amount of 2 Work, City and Service Provider will negotiate any change in total cost or schedule modifications. If the City and the Service Provider approve any change, the Contract will be modified in writing to reflect the changes. All change orders shall be authorized in writing by City's and Service Provider's designated representative. 4.2 All of City's amendments thereto shall be perforn1ed in strict accordance with the terms of this Agreement insofar as they are applicable. 5.0 SCHEDULE 5.1 Service Provider shall perform services in conformance with the schedule reasonably established by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprized of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule. 5.2 No extension for completion of services shall be granted to Service Provider without City's prior written consent. 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 General Bid Services. The City shall only pay Service Provider for services actually performed based on the Proposal Bid payment schedule set forth in Exhibit "B" which is attached hereto and fully incorporated herein by this reference. The total amount paid to Service Provider for the first year ofthis Agreement shall not exceed One Hundred Three Thousand Five Hundred Ninety and 44/00 ($103,590.44) Dollars. If this contract is extended, the total annual amount paid to Service Provider shall not exceed that above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this contract. 6.2 Additional Services. From time to time during the term of this Agreement, City may request that Service Provider perform additional Services not required under Exhibit "A". For those additional services agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the parties in writing. 6.3 Payment. Upon receipt ofa proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions ofthis Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance ofW ork under this Agreement. The City 3 agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work perfonned. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS All Service Provider's records with respect to any matters covered by this Agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Service Provider within thirty (30) days after receipt by the Service Provider. Failure of the Service Provider to comply with the above audit requirements will constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the withholding of payment for services provided under this Agreement. 9.0 PROFESSIONALISM AND STANDARD OF CARE 9.1 Service Provider shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUB MITT AL OF PROGRESS REPORTS 10.1 Upon .request by the City, Service Provider shall submit a written progress report as to the status of all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed-upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. 11.0 WARRANTY OF PROFESSIONAL SERVICES 11.1 The Service Provider (for itself and any of its employees, contractors, partners, 4 and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority hearing on the perfonnance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER 12.1 Service Provider hereby represents and warrants to the City the following: ' a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and/or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING 13.1 With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 5 14.0 PROGRESS MEETING 14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. 15.0 SAFETY 15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing Services provided hereunder. 16.0 INSURANCE 16.1 Liability Amounts. During the term of this Agreement, Service Provider shall be responsible for providing the types of insurance .and limits of liability as set forth below. a. The Service Provider shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence to protect the Service Provider from claims of property damages which may arise from any Services performed under this Agreement whether such Services are performed by the Service Provider or by anyone directly employed by or contracting with the Service Provider. b. The Service Provider shall maintain comprehensive automobile liability insurance in the minimum amount of$l,OOO,OOO combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the Service Provider from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the Service Provider or by anyone directly or indirectly employed by the Service Provider. c. The Service Provider shall maintain, during the life ofthis Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of$1 ,000,000 for all of its employees performing Work for the City pursuant to this Agreement. 16.2 Special Requirements. Current, valid insurance policies meeting the requirements 6 herein identified shall be maintained during the teml of this Agreement. A copy of a current Certificate of Insurance shall be provided to the City by Service Provider upon the Effective Date of this Contract which satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time. 16.3 Independent Associates and Consultants. All independent contractors or agents employed by Service Provider to perform any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS 17.1 Service Provider shall comply with all requirements offederal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services under this Agreement. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours ofthe Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit. 18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record, Service Provider shall comply with the Florida Public Records Law. 19.0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 7 19.2 If upon recelvmg written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as ifno subcontract had been made. 19.3 If City detern1ines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION~ DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES 20.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: 20.2 Service Provider defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within fourteen (14) calendar days after written notice from the City specifying the default complained of, unless, however, the nature ofthe default is such that it cannot, in the exercise of reasonable diligence, be remedied within fourteen (14) calendar days, in which case the Service Provider shall have such time as is reasonably necessary to remedy the default, provided the Service Provider promptly takes and diligently pursues such actions as are necessary therefor; or 20.3 Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or Service Provider becomes insolvent, or is unable or unwilling to pay its debts; or 2004 Service Provider has acted negligently, as defined by general and applicable law, in performing the Services hereunder; or 20.5 Service Provider has committed any act of fraud upon the City; or 20.6 Service Provider has made a material misrepresentation of fact to the City while performing its obligations under this Agreement. 20.7 Service Provider is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance ofthis Agreement without prejudice to any other right or remedy City may have under this Agreement. 8 20.8 Notwithstanding the aforementioned, in the event of a default by Service Provider, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges, detennined in accordance with the provisions of this Agreement, for Work properly perfornled prior to the effective date of termination. 21.0 FORCE MAJEURE 21.1 Any delay or failure of either party in the perfornlance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW & VENUE 22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws ofthe State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability ofthe remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION; MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed 9 herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 26.0 WAIVER AND ELECTION OF REMEDIES 26.1 Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 26.2 No waiver, consent, or modification of any of the provisions ofthis Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 27.0 THIRD PARTY RIGHTS 27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 28.0 PROHIBITION AGAINST CONTINGENT FEES 28.1 Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 29.0 NO JOINT VENTURE 29.1 Nothing herein shall be deemed to create a Jomt venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 30.0 ATTORNEY'S FEES 30.1 Should either party bring an action to enforce any of the terms ofthis Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 10 31.0 COUNTERPARTS 31.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 32.0 DRAFTING 32.1 City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 33.0 NOTICE 33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider: Grady Mitchell, Vice President The Bon Terre Group, Inc. 1218 Alden Road Orlando, Fl. 32803 Phone: (407) 896-2623 Fax: (407) 696-7345 For City: City of Winter Springs Utilities/Public Works Director 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407)327~5957 Facsimile: (407) 327-6695 33.2 Either party may change the notice address by providing the other party written notice of the change. 34.0 SOVEREIGN IMMUNITY 11 34.1 Nothing contained in this Agreement shall be construed as a waiverofthe City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 35.0 INDEMNIFICATION 35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold hamlless the City and its commissioners, employees, officers, and city attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a. any default under this Agreement by Service Provider; b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals, agents, independent contractors, and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, contractors, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's, and its employees, partners, contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees, partners, contractors, and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, contractors, and agents on the City under this Agreement. 35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims ofliability and all suits and actions of every name and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners, employees, officers, and City Attorney shall 12 be pem1itted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 36.0 ORDER OF PRECEDENCE 36.1 In case 0 f any inconsistency in any ofthe documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement. b. This Agreement. c. Exhibits to this Agreement including Exhibits "A" and "B"; d. The Bid documents (#ITB-00I-0l/AH) 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provi~er hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed ifit is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: \ I 1.1 CITY OF \VINTER SPRINGS: FLORIDA' By: ~ : ' ;A"~ iJ ?~ cI!--~-~ ' RONALD W. MCLEMORE ~ftyo~ City Manag?T. Dated: November 28, 2000 Dated: THE BON TERRE GROUP, INC. ~/!(~ GRAY MITe ELL By: F:\DOCS\City of Winter Springs\Agreemen ts\AgrforLandscapcM a i 11 tScrvRgtsofWay&Ponds, wpd 14 EXHIBIT "A" INVITATION TO BID WITH FULL SERVICE DESCRIPTION __---if. ( ( ( ., CITY OF WINTER SPRINGS FLORIDA INVITA'TION FOR SEALED BID Notice to proposer: Sealed Bid's will be received until the time, and at the place, and for the items listed on the attached city Bid forms. The Bid's will be received in the office of the City Clerk, the City of Winter Springs, 1126 East S. R. 434, Winter Springs FL. 32708 containing quotations for supplying the city with item(s) or service(s) herein listed and as further specified. After tabulation and review, and when required, Bid's will be presented to the City Commission for award of the Bid, such award to be made at a subsequent Commission meeting. How to submit proposal: All Bid's shall be submitted in sealed envelopes and mailed or hand delivered to the City Clerk, the City of Winter Springs, 1126 East S. R., 434, Winter Springs, FL. 32708, and plainly marked on the outside of the envelope, the Hid number. item identification and time and date of Bid openin2;. It wiJl be the sole responsibility of the proposer to ensure that the proposal rcaches the office of the City Clerk, City of Winter Springs, on or before closing hour and date shown on he encloscd proposal. Purpose of BID: The City of Winter Springs intend.. to secure a source of supply for item(s) or service(s) at the lowest price; early and satisfactory manufacture; and prompt and convenient service and shipmcnt by the proposer to the city. Any failure on the part of the proposer to comply with the ensuring conditions and specifications" shall be reason for terminatio4 of contract. Th~city reserves the right to make an award to the proposer \ where the product meets the specifications, terms and conditions, and where the Bid is considered to serve the City's hest interest. Bidders may bid on all Landscape Maintenance Services contracts but award will be for no more than two (2) contracts. The combination of the contract awards will be at the discretion of the City of Winter Springs. a Proposers Signature: _ _. _ _ ace:: ~ /~ I ~tfU/jW $/~~// (Prin1) Company Name: Vr' /l;/IJ ~e ~p~ ~ GENERAL SPECIFICATIONS FOR BID NO: 99 - 002 TITLED LANDSCAPE MAINTENANCE SERVICES Rights of Way & Ponds 1. PERSONNEL TO BE FURNISHED BY CONTRACTOR All Contractors' employees, while working for the City, shall wear marked uniforms and footwear of a style that complies with all legal requirements of OSHA. 2 . ADDITIONAL OBLIGATIONS OF CONTRACTOR 2.1 The contractor shall be obligated, at its sole cost and expense, promptly to repair to the City'S satisfaction, any damage to exterior plantings or any other property within the areas specified in this agreement. This includes, but not limited to, damage to tree trunks caused by mowers or other equipment, damage to asphalt, plantings or grassed surfaces due to spilled fuel, damage to building structures, irrigation systems components, underground pipes and cables. In the event the contractor has not repaired any such damage within five (5) working days after the City's request, the City may repair such damage and deduct such cost from the next payment due to the Contractor. The Contractor shall be liable to the City for any such cost in excess of the amount deducted by the City. The contractor's obligations stated in this section shall survive the expiration, or early termination, of this agreement. The Contractor is obligated to report to the City any such damage in writing within twenty-four (24) hours after the occurrence along with an itemized statement of the estimated cost of repair. 2.2 The Contractor shall be obligated to immediately notify the City verbally and follow in writing within twenty-four (24) hours after the event of any damage to the automatic irrigation system in the City which the Contractor discovers, or should have discovered in the exercise of reasonable care, whether or not such damage was caused by the Contractor. The purpose of this provision is to avoid unnecessary damage to the exterior plantings in the City. If the Contractor fails to fulfill its obligations under this paragraph, the provisions of sub-section 2.1 above shall cover such damage. 3. REPRESENTATION AND WARRANTIES OF CONTRACTOR The Contractor represents and warrants to the City that it has been in the business of landscaping maintenance within Orange, Seminole and Volusia Counties on large acreage projects of at least five (5) acres, or more, for not less than three (3) years consecutively and can provide to the City ~~ong with this bid package references from a minimum of three (3) commercial accounts which amount to an annual income to the Contractor of at least $25,000.00 annually. Page 13 of 78 " 4 . OBLIGA TIONS OF THE CITY OF WINTER SPRINGS 4.1 The City agrees, at no cost to the Contractor, to supply the Contractor with all water needed by the Contractor to perform its maintenance obligations under this agreement. 4.2 The Contractor shall receive all its instructions from the City Representative or his appointed representative. The City representative and Contractor shall meet regularly, at least BI- monthly. 4.3 The City agrees to use its best efforts to promptly repair, or cause to be repaired, any damage to the automatic irrigation systems in the designated areas of the City covered by this agreement which was not caused by the Contractor and which was brought to the City's attention verbally and followed in writing within 24 hours. 5 . CONDITION SURVEY OF PLANT MATERIAL Prior to the commencement of the term of this agreement, an authorized representative of the Contractor and the City's Representative shall perform a video condition survey of all exterior plantings at each of the designated areas of the City covered by this agreement to establish the condition of such exterior plantings on the commencement of this agreement. The Contractor and the City shall prepare and sign a written report of this condition survey which shall describe the condition and location of all unhealthy plants and other deviations from the plans and specifications for the City's exterior landscaping. During the thirty (30) day period preceding the expiration of the term of this agreement, or in the event of an earlier termination, within the thirty (30) day period following such termination, a final condition survey shall be made by the City's Representative. The Contractor shall be given at least five (5) days prior written notice of the date and time of this inspection and a representative of the Contractor shall have the right to accompany the City's Representative on this survey. This inspection shall establish a punch list of plantings and material that must be replaced at the sole cost and expense of the Contractor. The City Representative shall determine a dollar value of the plantings and materials including the time and manpower needed by the City to perform these replacements. The City shall withhold this dollar value from any amounts owed to the Contractor and the Contractor shall promptly pay, after the City's written demand, an amount owed by the Contractor in the excess of the amount withheld by the City. The Contractor's obligations under this section shall survive the expiration, or earlier termination, of this agreement. 6 . MANNER OF PERFORMANCE 6.1 The Contractor shall perform all of its obligations and functions under this agreement in accordance with all terms, conditions and specifications laid forth by the City. The Contractor shall coordinate its activities with the City Representative so as not to conflict with any operation, or activities, scheduled by the City. Page 14 0[i78 6.2 The Contractor shall instruct its personnel that no gratuities shall be solicited, or accepted, for any reason whatsoever from any City employee, or resident, of Winter Springs. 6.3 The Contractor shall be responsible that any articles found by its employees are turned over to the City. 6.4 The Contractor will abide by All State and Federal regulations on wages and hours of an employee. 6.5 The Contractor shall be responsible for all its employees and their actions while in the employ of the City. 7 . COMPLIANCE WITH LAWS AND REGULATIONS 7.1 The Contractor shall perform its obligations and functions hereunder in compliance with applicable laws of the United States, the State of Florida, Seminole County, and the City of Winter Springs, and any applicable rules, regulations or directives of any agency thereof. The City shall have the right to challenge, by any means whatsoever, any law, regulation, rule or directive which in any way affects or otherwise impacts upon the Contractor's performance or its obligations and functions hereunder. The Contractor shall cooperate to the fullest extent and take any such challenge or contest by the City. 7.2 The Contractor shall keep current all licenses and permits whether municipal, county, state, or federal required for the performance of its obligations and functions hereunder and shall pay promptly when all fees become due. 7.3 The Contractor shall be liable and responsible for the injury to or death of any person; damage, destruction, or loss, of any property or any other loss incurred by the City. The liability of the Contractor under this section is in addition to and in no way a limitation upon any other liabilities and responsibilities which may be imposed by applicable law and such liability shall survive the operation or termination of this agreement. 8 . COMPENSA TION The Contractor shall give a detailed invoice and written report at the end of each month describing the work performed at each of the designated locations listed in this agreement. If any repair work, or plantings were made during the month, a detailed description of the work performed, plantings and/or repairs are to be listed with their respective locations and attached to the invoice. The City Representative prior to processing for payment will review these invoices. In case of any conflicts, an inspection of the area and work in question will be made by the City Representative and an authorized representative of the Contractor at a time agreed upon by both parties not more than five (5) working days after receipt of invoices. Once the City Representative has approved the invoices, payment will be thirty (30) days thereafter. Page 15 of 78 9 . INSURANCE REQUIREMENTS 9.1 LESSEES: Lessees shall procure and maintain, for the duration of the contract, insurance against claims for injury to persons or damages to property which may arise from or in connection with the lessee's operation and use of the leased property. The cost of such insurance shall be borne by the lessee. 9.1.1 Minimum Scope of Insurance Coverage shall be at least as broad as: 9.1.1.1 9.1.1.2 Insurance Services Office forms covering Comprehensive General Liability and Insurance Services Office form covering broad form Comprehensive General Liability coverage ( "occurrence") . Workers' Compensation insurance as required by Florida Law 9.1. 2 Minimum Limits of Insurance 9.i.2.1 Lessee/Contractor shall maintain limits no less than: 9.1.2.2 9.1.2.3 Comprehensive General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, including XC&U coverage. Business Auto Liability: with $1,000,000 combined single limit or a comparable split to include Bodily Injury and Property Damage Liability. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by Stat~ Law and Employers Liability limits of $1,000,000 per accident. 9.2 ACCEPTABLE INSURANCE Only carriers with "Best Rating: of B+9 or better shall be acceptable. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, has been given to the City. 9.3 CERTIFICATE OF INSURANCE The City prior to commencement of work must receive certificate of Insurance. Certificate of Insurance shall be sent/delivered to the attention of the Purchasing Agent. Page 16 of 78 10 . LICENSES AND PERMITS It shall be the responsibility of the Contractor to secure all permits, licenses, and inspection necessary for the proper execution and completion of the work, which is customarily secured prior to commencing work. Contractor must certify that they are licensed and bonded in the State of Florida. ,A Pest Control Operators License is required in accordance with Florida Statutes Chapter 482 - Pest Control (submit proof of same with Proposal Bid Form) . 11. EXECUTION OF CONTRACT The Bidder to whom the contract is awarded, shall, within ten (10) days after the date of award, execute and deliver to the City's Purchasing Agent, the contract and Certificate of Insurance. The above documents must be furnished, executed and delivered before the Owner will execute the contract. The contract shall not be binding upon the Owner until the Owner has executed it and a copy of such fully executed contract is delivered to. the Contractor. 12. RESERVED RIGHTS 12.1 Bidder warrants by virtue of submitted bid that prices, terms and conditions quoted in this bid will be firm for acceptance for a period of thirty (60) days from the date of bid opening unless otherwise stated by the City or the Bidder. 12.2 The City reserves the right to award the contract to the lowest responsible bidder who submits the bid meeting specifications most advantageous to the City. The City further reserves the right to consider matters such as, but not limited to, quality offered, service reputation, ability of the vendor to meet all specifications, financial stability and equipment conditions of the vendor in determining the most advantageous bid. 13 . DAMAGED PROPERTY From the start of work until the completion and acceptance of the work, the Bidder shall be solely responsible for the work covered by this contract and for the materials delivered at the site intended to be used in the work and all injury or damage done by him, his agents, employees and for subcontractors in the performance of the work, shall be made good by him at his own expense before the final payment is made. The Bidder shall be responsible for the preservation of all trees along and adjacent to the work and shall use every precaution necessary to prevent damage or injury or destroy trees or shrubs, and he shall not remove or cut them without proper authorization from the City Representative. Any limbs or branches of trees broken during such operations, shall be trimmed with a clear cut and painted with an approved tree-healing compound. The Bidder will be liable for all damages or at the option of the City, may be required to replace or restore at his own expense, all vegetation not protected and preserved that may be destroyed or damaged. Page 17 of78 14. CONTRACT PERIOD This bid shall be in effect for twelve (12) months commencing on 12/01/00 and terminating 11/30/01 with the option to extend for a second and third 12-month period, not to exceed thirty-six (36) months total. All contract obligations shall prevail for at least 90 days after effective date of contract. After that period, this contract may be canceled in whole or in part by the City or the Contractor, upon giving at least thirty (30) days written notice prior to cancellation; EXCEPT that non-performance on the part of the Contractor will be grounds for termination. Termination will take place within five (5) days of notification. 15 . SAFETY REQUIREMENTS The Contractor agrees that any equipment and tools used in performing the obligation under this agreement will (1) conform to all rules, regulations of the City and all other governmental agencies having jurisdiction, including, without limitation, the Occupational Safety and Health Administration (OSHA), Florida Department of Transportation Manual of Uniform Traffic Devices; (2) will be maintained by the Contractor in safe condition and good repair and working order, with all blades regularly sharpened to assure clean cuts in order to eliminate frayed stems, branches and blades of grass; and (3) will be fueled on concrete surfaces only. 16. PRE-BID CONFERENCE AND SITE VISITATION 16.1 PRE-BID. CONFERENCE A Pre-Bid Conference will be held in the Commission Chambers at Ci ty Hall, 1126 E. S. R. 434, Winter Springs, Florida at 2:00 PM, Friday, October 18, 2000 Bidders ~ST attend; offers from firms not represented will not be accepted. 16.2 SITE VISITATION The responsibility for determination of accurate measurements, the extent of work to be performed and the conditions surrounding the performance thereof shall be the Bidders. Submission of the bid shall constitute acknowledgement by the Bidder that he is familiar with all such conditions. The failure or neglect of a Bidder to familiarize himself with the site of the proposed landscaping maintenance area shall in no way relieve him from any obligations with respect to his bid. Page 18 of 78 TECHNICAL SPECIFICATIONS FOR BID NO: 99 - 002 TITLED LANDSCAPE MAINTENANCE SERVICES Rights of Way & Ponds 1 . SCOPE OF WORK The work to be performed by the Contractor shall include, but not limited to, the supplying of all labor, materials and supplies, equipment, tools, and any services, accessories and procedures necessary to perform under these specifications. 2. SPECIFIC TASKS 2.1 MOWING The mowing of all grassed areas shall be no less than once every seven (7) days in the heavy growing season. Mowing shall be no less than BI-weekly, or as instructed by the City Representative, during the slow growing season. All grassed areas will be mowed between 2 to 3 inches by a rotary, reel bushog or flail mower. At no time shall more than one-third (1/3) of the leaf surface be removed in one mowing. Any clippings, trimming debris will be removed from site as work completed, or at the end of each day that work is performed. Mowing frequency shall be as instructed on Attachment A. 2.2 TRIM HEDGE/WEEDEATER Hand clippings or chemical control of grass areas inaccessible to mowing equipment shall be performed as needed or directed. Trimming of grass and weeds around any fixed objects, e.g., buildings, light posts, etc. shall be as instructed on Attachment A. Weedeating of ponds shall be done to waters edge. Trimming of hedges shall be performed as instructed in Attachment A. 2.3 MULCHING Mulching to be performed at regular intervals throughout the entire contract year to keep planted areas neat and freshly maintained. Pine bark mulch or approved substitute will be used. See Attachment A. 2.4 EDGING Edging of all walks, curbs, edges of pavements and lines of plant beds shall be edged at least two (2) times per month, or as often as necessary, to maintain a clean appearance free of grass invasion. All grass and dirt to be blown off onto grass areas (not hard surfaces). See Attachment A. Page 19 of78 2.5 WEEDING Weeding of all plant bed areas is to be as often as necessary but a least once a month to maintain order. See Attachment A. Any dead or diseased plants shall be removed promptly and the City Representative notified. 2.6 PRUNING Pruning of plants and trees shall be performed as needed to remove dead wood harboring insects and disease, and to promote maximum health and growth. The finding insects or disease shall be reported to the City representative. Aesthetic pruning shall consist of the removal of dead and/or broken branches. Pruning shall be performed to balance infiltrating light and enhance new growth. Trees are to be trimmed up to a maximum of ten (10) feet. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons and vehicular traffic within any area-undergoing pruning. Work will be scheduled after consulting with the City Representative. 2.7 TRASH POLICING The Contractor shall perform complete policing and litter pick-up of all landscape areas prior to mowing. The Contractor will also be responsible for the collecting of all maintenance related debris and shall dispose of as directed by the City Representative. See Attachment A. 2.8 FERTILIZATION The program shall be in accordance with the enclosed University of Florida - Cooperative Extension Services Yearly Calendar for St. Augustinegrass and Bahiagrass Care and Culture (Attachment D) and good horticultural practice and shall be based on soil samples taken at random from various areas of the site, in sufficient number so as to be characteristic of the areas to be fertilized. Soil samples to be analyzed at Contractor's expense. Results of analysis shall be reported to City representative. Soil amendments, nutrients, pesticides and any other ingredients deemed proper and beneficial by the Contractor and per (Attachment D) shall be included in the fertilization program. All fertilizers shall contain minor elements. A minimum of three (3) fertilizer applications shall be applied on all grass and shrubs annually. Additional applications may be needed in certain areas to maintain vigorous growth patterns. Applications of fertilizer shall follow Cooperative Extension Service (Attachment D) suggested guidelines and sound horticultural practices. Any turf areas or landscape materials, killed or damaged as a result of over-fertilization, will be the responsibility of the Contractor. The Contractor will re- establish these areas or materials to an acceptable condition at his expensej Contractor to supply all materials necessary to perform under these requirements. Page 20 of 78 2.9 PLANT REPLACEMENT The contractor shall be responsible for replacing any plant materials that die or become damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the material at the time the lo,ss occurs. See Attachment A. 2.10 DISEASE AND INSECT CONTROL The spraying of shrubs and (and trees with less than 4" caliper) and turf as often as nece~sary for the effective control of harmful disease and insect infestation and shall be done in accordance with F.B. Chapter 482 Pest Control and the suggested methods of Cooperative Extension Service. See Attachment D 2.11 CLEAN-UP Complete weeding, trimming and dead plant removal the first month of contract as directed by the City Representative or his assignee. 3. SUMMARY OF TASKS AND LOCATIONS INVOLVED 3.1 TASKS INVOLVED 3.1.1 For specific tasks and freq~ency of each see Attachment A "Schedule of Landscape Maintenance Service" 3.2 LOCATIONS 3.2.1 See Attachment B & C - Description of Locations by Group Page 21 of 78 EXHIBIT "B" PROPOSAL BID PAYMENT SCHEDULE '...--....., ..~ I I r , I ~.# PROPOSAL BID CITY OF WINTER SPRINGS, FLORIDA TO: Purchasing Agent City of Winter Springs 1126 East S.R 434 Winter Springs, FL 32708 The undersigned hereby declares that after carefully examining the specifications for: Bid No. ITB 00l-01/AH LANDSCAPE MAINTENANCE SERVICES Rights of Way & Ponds Am fully aware of all condi tions affecting such work/ items I for which bids were advertised to be returned by ~ LJI)(/ ~~~ ~/2IJ~/,) ;z:;,vc.. does hereby submit the following bid for completion of said work/item. ' Total bid price for LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS CITY RIGHT OF WAYS per specifications is as follows: ~.# SEASONAL COST TOTAL/ANNUAL COST (A+B) . ITEM # & DESCRIPTION GROUP A RIGHT-OF-WAYS 1. N. Edgemon R.O.W. $ t".I13 x 7 $ ""S:O; $ 3~,~ x 5 $ /Ja 00 $~_~/~PI ,,- = = 1A. N. Edgemon Medians $ !.f().t)O x 7 = $ ~/!Jt),OO $ ;?J;~f) x 5 = $ /;/:0" $ 'Io.G; t)t) " 2. Bombay R.O.W. $ '''.f( 3 'x 7 = $l/~.r:tJl $ YO.If) x 5 = $ ~.Oo $ b/5: 0/ Page 2S of 78 MONTHLY COST X NUMBER OF MONTHS A B 3/1 TO 9/30 10/1 TO 2/28 /~ I SEASONAL COST TOTAL/l'.NNUAL COST (A+B) ITEM # & DESCRIPTION MONTHLY COST X NUMBER OF MONTHS A B ~~3/1 TO 9/30 10/1 TO 2/28 GROUP A RIGHT-OF-WAYS $~x 7 $ '161:111 $ 3d.()() x $ Iro, 00 $ b/.f'. of ./ 3. S. Edgemon R.O.W. at FPC Easement = 5 = $132,itx 7 $ 930.tJo $ 'd.4D x 5 $ ~~t). ~o /, / 4. S. Moss Rd Islands = = $ /:<30.6C; 5. Murphy Rd Islands $1126(, x 7 = $ 930.~o $ /'~.I>> x 5 = $ 3p/). 00 $ ~ d3{),~O .-' $ '" f{Jx 7 $ ",!: 0 I $ 30.0D X = ,$ Jji). 00 $ 0/J.O/ .r" 6. S. Edgemon Islands = 5 7. Lombardy Canal $l1t6'x 7 $ '13a.~4 $ ~d. 4Qx 5 $~dO $ ~.;23(J,OO -- = = -..... $ '1W: oj $-"1J x $ .14.00 x 5 $ Ira. do $ (,/J;6/ ~.... 8. S. Flamingo Canal 7 = = $~x 7 $ lfbr. ()/ $ ;().~O x $ / Jt;. dO $ t:.1J'.01 ..-- 9. Burgos Easement = 5 = $4M1 x 7 $ 'IW".O/ $ jo.OO x $ JSO.OO .,..-. 10. Burgos/Edgemon R.O.W. = 5 = $ ~/J.O/ 11. s. Moss R.O.W. ~.'$~ x 7 = $ '16.[01 $ saPo x 5 = $ Ira dO $ '/.f.tJ/ Page 26 of78 .....,---.. ,~. 12. Bayberry Ct Island $ ".,.1 x 7 = $ 'I'[tJ/ . --.. $ (,'-113 x 7 = $ '1"1:0/ $ 3()~4() x 5 = $ /~. ()() $ :l4,/~ x 5 = $ Ifd, IJI $ b/.r:~/ /" $ ~/J. 0/ --- 13. Dogwood Ct Island ~ ~. SEASONAL COST TOTAL/ANNUAL COST (A+B) ITEM # & DESCRIPTION MONTHLY COST X NUMBER OF MONTHS A B 3/1 TO 9130 10/1 TO 2/28 GROUP A RIGHT-OF-WAYS 14. Lombardy/Burgos R.O.W. $ 1o(P.f{3x 7 $ 'IbI: 6/ $ 3tJ; '6 x 5 = $ J.ro,OtJ $ ~/.r. 01 ,,/ = $ '~1{3x 7 $ lib.[: 6/ $ 36. " x 5 $ (p/J-: 0 / ,/ 15. Cedarwood Ct Island = = $ /.ro. dlJ 16. Cypress Ct Island $ ~"'.lfJ x 7 = $ /.fIPJ: () I $ 3",'ox 5 = $ / JiJ. .(JtJ $ {,/J. 01 $/'6.'17 x 7 $ 'I1aJ: I)J ~ I. $ h/J. 0/ // 17. S. Moss Bridge/R.o.W. = $~ x 5 = $ /9.~ $",,113 x $ '1"[ 0/ $ 3r;. 6' x 5 $ J.p;, 00 $ (PIJ.()! "". 18. Murphy Rd R.O.W. FPC Easement 7 = = 19. S. Edgemon Bridge/R.o.W. $ /".'11 x 7 $ lf6{ 01 3 fl' $ Iii!. 04 $ (PII. 6/ ~..;/ = $~x 5 = 20. Murphy Rd Bridge/R.O.W. $ '6/1'3 x $ lfb! () I $ 3(). I' x 5 $ /Jb. ()D $ (P/J~ 01 /' 7 = = 2l. Charles St. Island $ '1J.'I1 x 7 = $ tf(,( 0 J $ 3(). - x 5 $ /~. 14 $ 'If 01 ,/' = Page 27 of 78 /1 $ ~.ro x tf).f:4 66 $~'x $ ;)()(J.P4 $ c:'~O.OO ,/ 21A. Sherry Ave R.O.W. 7 = $ 5 = $l{o,oo x 7 $~~.~ r ,0 $ /)r: t10 '105: 00 ./" 21B. Sherry Ave Medians = $~ x 5 = $ $ (PO.OOx 7 '/. I~ ,,' 6~o. 00 /" 21C. Wade Street Medians = $ ,2a. $~ x 5 = $ JC(). () tJ $ ~." $.1J!fJ x 7 $ I/{,[O/ ~D $ /fiJ. tJO b/s-. (; I /' 22. Hayes Rd R.O.W. = $ d x 5 = $ Pearl Rd Islands $ t'.l/1 x 7 $ If6! ~/ $ Jd. ~ x $ /.10. dO (PIS: of '/" 23. = 5 = $ 24. Hayes Rd Bridge/R.O.W. $ b6.tf7 x 7 = $ 'f6[ a/ $ J~ 4i> x 5 = $ /J~ 00 $ ~/S.O/ /' TOTAL 1 ANNuAL ITEM # & DESCRIPTION SEASONAL COST COST (A+B) MONTHLY COST X NUMBER OF MONTHS A B 3/1 TO 9130 10/1 TO 2/28 GROUP A RIGHT-OF-WAYS ~. .. 25. Alton Rd Bridge/R.O.W. $km x 7 $ lfft7~()1 3l:...() $ /.f?;. tJ() $ ~/f:OI ,,- = $ O. x 5 = $~x 7 $ 'I~.r. 01 P" $ 6/.r: 01 / 26. Shore Rd Bridge/R.O.W = $~. x 5 = $ 1.J7;. 00 27. Mockingbird Easernent/R.O.W. $~.f{} x 7 $ lfW:O/ :3 I" $ J.JO. 00 $ ~/.r: 0/ ,,_.~. = $~x 5 = $ ",JfJ x 7 $ '1f,ro/ "3 ,11 </ 28. Oak Rd Islq,nd = $~ x 5 = $ Iso. O~ $ r;/.J: 0/ 29. Shore Rd Culvert/R.O.W. $ (,(,. /fl x 7 $ tfbt: II ~ $ jfi;. 00 b/f:O( r' = $ x 5 = $ . Page 28 of 78 .,---.. ~. , ~ It: "I /' 30. George St. R.O.W. $~x 7 = $ Y~f:()/ $ 3illdx 5 = $ lJ'd.Oo $ $ ".II? x 7 $ if'S: () / $ 'J1).kJ x 5 /.fl;, (}o 6/.f. Of ...-- 31. N. Moss Rd R.O.W. = = $ $ $~~~ $ /.r;6i~ 6i $ ; /, ;l8a tJO ,.c 32. Highlands R.O.W. & Courts 7 = $/,/:1(( x 5 = $ '>600. 00 , / , 33. Sequoia Ct Islands $.kM3 x 7 $ '16.f:d/ $~x 5 $ lSO.dO $ 'If'. () I ";,,.-1' = = I' &" ID $ 7.ftJt1, 4 " ~," 34. Winter Springs Blvd Islands $ ~//)oa x 7 = $ I Y;()diJ. $/j"a;. x 5 = $ dll,5'a~ I 35. Dyson Bridge $~x 7 $ '1bJ;b/ $ 3o.dO x $ I sa tJt:) $ (PI.!": 01 .,' = 5 = , ~. SEASONAL COST TOTAL/ANNUAL COST (A+B) ITEM # & DESCRIPTION GROUP A RIGHT-OF-WAYS MONTHLY COST X NUMBER OF MONTHS A B 3/1 TO 9/30 10/1 TO 2/28 36. Seneca Blvd R.O.W. $-"E x 7 = $ 'I'S:O! __:"i 37. Seneca Blvd Island $~ x 7 = $ 'l'f:()/ $ .JO.(){)x 5 = $ /J(J.()O $ 8(}.<<; x 5 = $ /Ji;,tJ() $ (,/J.IJ/ .<" $ ~/S:dl ./ Page 29 of 78 , ~. ...- ~~. , ' ! 0- 38. Winter Springs Blvd R.O.W 39. Northern Way R.O.W. 40. Northern Way Bridges (3) 41. Greenbriar Ln R.O.W. 42. Winter Springs Blvd Bridges(2) 43. Tuskawilla Rd. Extension 44. Fisher Rd R.O.W.& Field 45. Trotwood Blvd. R.O.W. Field 46. Wagner's Curve 46A. S. Moss Road R.O.W. Swales 46B. Panama Road R.O.W. Swales 46C. Hayes Road R.O.W. Swales ""'-0- .' , $ 9/)().IO X 7 $3kJ. I' x 7 ,0 = $ ~3/JO. , . = $ JS;;O. ' , $3'0,41 x 7 = $ 3,S~.b, ~ $ 'ItO.6PX 7 = $ "3,3t,o, DO $P'Yo. 00 x 7 = ,- $ /{,!D. , $ (,/,. 'IJ x 7 = $ 1f'J;o/ $~ x 7 = $ 'I~r:o/ ~.' $ /;10. ' II x 7 = $ R'!f)." $~ x 7 = $ '16.]';01 $ /2r:Ddx 7 = $ 87J'))o .01 $ ISO. x 7 = $ h o.IO. 41J $ 12J;d() x 7 = $ f7f. I' , ~. Page 30 of78 ,----, $ tffb. ~ $ J.;f'b. () D .8:SS-tJ fit) " 5 = $ , ,Q 900, -' $ 3, $Ida pO '/ $ ;60, x 5 = $ II / $ /t4 x 5 = $ 9()O. ' II $ 3, l/d~ tJ() ,1 ,11 $ ~f~~ {;~ ' $ J'ItJ. x 5 = $ /;04, , I- ~ o~ $ ~, a ~tJ.~d ./ $ /Jo. x 5 = $ . ~D $ /.14 (;' (P/f'.6/ ,/ $ 3t), x 5 = $ ,tJ /J? e. ./ $-1L x 5 = $ I $ c:'/.I: ti/ ~ $ 3~ .- I, /1tJ. {)c; ,," $ Vv x5 = $ $ Jo. ,~ x 5 $/~ gd $ (,If'. OJ .,- = i $ '2J:,f) $ /..>tJIJ. OtJ /' s III b x 5 = f .' $ 7J~ I v $ ~ tftJ~.Ot) ./~ s/Sb. x 5 = f- I ' $ tJ'''tJo, 0(1 ",/ $ /If: x 5 = s 6ZC I GROUP A - SUBTOTAL I 9~. d6J: 3S- i $ \ j I I I I I TOTAL/ANNUAL Page 31 of78 GRAND TOTAL FOR ALL GROUPS $ / cJ.3 50::;. ~~ " .-_.. -...---..-"----.------- i A TT ACHMENT NO. 2 CITY OF WINTER SPRINGS 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 PHONE (407) 327-1800 FACSIMILE (407) 327-4753 BID NUMBER: ITB-OOI-OOllAH BID CLOSING: OCTOBER 25, 2000 Bid Closing Was Called By: Alan Hill Public Works Superintendent Bid Opened: Bid Closed: 3:00p.m, 3:07p.m. Four(4) Bids Received: 1. THE BON TERRE GROm" INC. AGENT: MR,GRA.DY MITCHELL, 1218 ALDEN ROAD, ORLANDO, FLORIDA 32751 TELEPHONE: (407) 896-2623 FACSIMILE: BID AMOUNT: $103,800.44 2. P & L LAWN MAINTENANCE & IRRIGATION, INC. AGENT: MR. LAZARO COMAS, 7301 GARDNER STREET, WINTER PARK, FLORIDA 32792 TELEPHONE: (407) 679-2810 FACSIMILE: (407) 679-1085 BID AMOUNT: $114,345.00 3. DA WNALEE CORPORATION AGENT: MS, DA WNA FERGUSON, 585 DUNMAR CIRCLE, WINTER SPRINGS, FLORIDA 32708 TELEPHONE: (407) 696-7343 FACSIMILE: BID AMOUNT: $112,695.00 4. AMERlSCAPES LANDSCAPE MANAGEMENT SERVICES, INC. AGENT: MR. BILLY BUTIERFIELD, P,O, BOX 568762, ORLANDO, FLORIDA 32856 TELEPHONE: (407) 897-5252 FACSIMILE: BID AMOUNT: $251,810.00 --riEL< ad!g(j)-o Tania Haas, Deputy City Clerk City of Winter Springs Copy: Kip Lockcuff, Director, Public WorkslUtility Department Ms. Nancy Vobornik, Purchasing Department DOCSlbids/rcsults/ryO% 1,1'1'8-00 1-0 I AH,doc