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HomeMy WebLinkAbout2011 07 11 Consent 201 TLBD Landscape Maintenance-Eastwood Tuff Turf, Inc.REQUEST: SYNOPSIS: ITEM 201 July 11, 2011 Meeting CONSIDERATIONS: COMMISSION AGENDA CONSENT X PUBLIC HEARING REGULAR INFORMATIONAL Mgr. /Dept. Authorization The Community Development Department, Urban Beautification Division, is requesting that the City Commission approve an agreement with Eastwood Tuff Turf, Inc. in the amount of $64,440 pursuant to Bid# ITB 004 /11 /SR for landscape maintenance of the Tuscawilla Lighting and Beautification District (TLBD). The TLBD Landscape Maintenance Program (Bid# ITB 004 /11 /SR) is necessary to continue care for all entrances, easements, medians and various beautification enhancements which fall under the maintenance responsibility of the TLBD Assessment District. Regular mowing, weeding, edging, shrub trimming, tree pruning, mulching, weed control, annual plantings and irrigation maintenance services are line items included in the Scope of Work for this Agreement. Invitation to Bid# 004 /11 /SR, Tuscawilla Lighting and Beautification District Landscape Maintenance Program, was opened at City Hall during a public meeting on May 26, 2011 with a total of nine (9) bids submitted. Out of the bids submitted only three (3) bids were determined to be qualified and within the maintenance budget of $86,000. On June 22, 2011, as part of the bid review process, the TLBD Advisory Board and Staff selected a contractor to be recommended for approval based on factors including but not limited to: cost, quality of service, owned equipment, staffing, project references, insurance coverage(s), financial stability and experience. Based on this process, the Advisory Board made a decision to unanimously recommend the lowest qualified bid of Eastwood Tuff Turf, Inc. at a cost of $64,440 for City Commission approval. FISCAL IMPACT: COMMUNICATION EFFORTS: TLBD Landscape Maintenance Program - ITB 004 /11 /SR July 11, 2011 Commission Consent Item 201 Page 2 of 3 Bids submitted on May 26, 2011 for Bid# ITB 004 /11 /SR are as follows: Vendor Cost Services Notes Annan Landscaping $78,360 Landscape /Irrig. 2 Position Dawnalee Corporation $90,774 Landscape /Irrig. Beyond Budget Vila and Son $89,750 Landscape /Irrig. Beyond Budget Eastwood Tuff Turf $64,440 Landscape/Irrig. 1 Position P &L Lawn Maintenance $87,792 Landscape /Irrig. Beyond Budget Maintenance Management $31,440 Landscape/Irrig. Failed to Qualify Central Fla. Landscaping $69,600 Landscape Irrig. not included Kirkland's Landscaping $66,384 Landscape /Irrig. Failed to Qualify Carol King Landscaping $95,352 Landscape /Irrig. Beyond Budget Approval of the Agreement (Attachment `A') with Eastwood Tuff Turf, Inc., at a cost of $64,440 for the TLBD Landscape Maintenance Program (ITB 004 /11 /SR), will result in a savings of $21,792 in TLBD R &M Line Code (184 - 54686), as compared to the current cost of $86,232. This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: TLBD Landscape Maintenance Program - ITB 004 /11 /SR July 11, 2011 Commission Consent Item 201 Page 3 of 3 TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY BOARD: At a special meeting on June 22, 2011 the Advisory Board voted unanimously to recommend Eastwood Tuff Turf, Inc. for contract award of Bid# ITB 004 /11 /SR at a cost of $64,440. The Advisory Board is requesting approval from the City Commission for the City to contract with Eastwood Tuff Turf, Inc. for service as detailed in Attachment `A' to this Agenda Item. STAFF: Staff recommends that the City Commission approve Eastwood Tuff Turf, Inc., for contract award of Bid# ITB 004 /11 /SR at a cost of $64,440, resulting in a savings of $21,792 as compared to the previous contract cost. ATTACHMENTS: A. Agreement for Landscape Maintenance Services — Bid # ITB 004 /11 /SR B. Bid Tabulation — Bid # ITB 004 /11 /SR C. Bid Form — Bid # ITB 004 /11 /SR (Submitted with Bid Package) 1.0 GENERAL PROVISIONS 2.0 TERM AND DEFINITIONS. Attachment `A' AGREEMENT FOR MOWING SERVICES THIS AGREEMENT FOR MOWING SERVICES ( "Agreement ") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City "), located at 1126 East State Road 434, Winter Springs, Florida 32708, and Eastwood Tuff Turf, Inc., authorized to conduct business in Florida ( "Service Provider "), located at: 1615 Oklahoma Street, Oviedo, FL 32765. WITNESSETH: WHEREAS, City wishes to obtain landscape maintenance services for the TLBD Landscape Maintenance Program (ITB 004/11/SR) 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 the TLBD Landscape Maintenance Program (ITB 004/11/SR) for 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: 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 2.1 The term of this Agreement shall be for one (1) year, commencing on August 1, 2011, and terminating at midnight on July 31, 2012, unless either party chooses to exercise its rights under Section 20, "Termination ". The parties shall have the option to extend the term of this Agreement for five (5) one -year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Manager ") shall review the performance of the Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date. The City manager shall recommend a one (1) year extension or termination. Should the Service Provider and City agree to extend the Agreement, the Service Provider may be entitled to an increase in rates in an amount not to exceed one half (1/2) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI -U) for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982 -84, or the successor index to same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. 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: written consent. 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 maintenance 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 Eastwood Tuff Turf, 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" or "Designated Representative" or "Project Director" shall mean the City's Urban Beautification Manager, or his /her designee, who is to provide the general administration of the Agreement. 3.0 SCOPE OF SERVICES Service Provider shall do, perform, deliver and carry out, in a professional manner, the type of services as set forth in the "Scope of Work," attached hereto as Exhibit `A' and fully incorporated herein by this reference, including but not limited to the furnishing of all labor, equipment, tools, materials, and incidentals. 4.0 AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein, or additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue an Amendment to this Agreement or Change Order and the Service Provider shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. 5.0 SCHEDULE 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 apprised 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. No extension for completion of services shall be granted to Service Provider without City's prior 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service Provider a sum not to exceed Sixty Four Thousand Four Hundred and Forty Dollars ($64,440). If this Agreement is extended, the total annual amount paid to Service Provider shall not exceed the above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement. 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 the Project Manual. 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 of a 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 of this 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 of Work under this Agreement. The City 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 performed. 6.4 Truth -In- Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the execution of a truth -in- negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 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 Agreement. No inspection, review, or observation shall relieve Service Provider of its responsibility under this 8.0 AUDIT AND INSPECTIONS The Service Provider shall maintain records on the City's projects, in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the Service Provider's normal business hours for a period of two (2) years after the Service Provider's final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Service Provider shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due date(s) to the payment by the Service Provider of all monies owed. 9.0 PROFESSIONALISM AND STANDARD OF CARE 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 SUBMITTAL OF PROGRESS REPORTS Service Provider shall submit a monthly 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 3 City may seek more detail from the Service Provider. Service Provider agrees to provide that information within a reasonable time period. 11.0 WARRANTY OF PROFESSIONAL SERVICES The Service Provider (for itself and any of its employees, contractors, partners, 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 bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER 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 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. 14.0 PROGRESS MEETING 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 Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of safety. 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 Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Service Provider shall make this same requirement of any of its subcontractors. Service Provider shall indemnify and save the City harmless for any damage resulting to them for failure of either Service Provider or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain during the term of this Agreement: COVERAGE MINIMUM LIMITS General and Auto Liability Professional Liability (if applicable) Worker's Compensation Neither Service Provider nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A ", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The contractor's insurance policies should be endorsed to add the City of Winter Springs as an Additional Insured. The Service Provider shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been given to the City by certified mail. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS 18.0 DOCUMENTS $500,000 per person /incident $1,000,000 incident $1,000,000 Statutory In the performance of work and services under this Agreement, Service Provider agrees to comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Service Provider, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 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 of the 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. 19.2 If upon receiving 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 if no subcontract had been made. 19.3 If City determines 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 This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Service Provider. It may also be terminated by the City with or without cause immediately upon written notice to the Service Provider. Unless the Service Provider is in breach of this Agreement, the Service Provider shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Service Provider shall: A. Stop work on the date and to the extent specified by the City. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. 21.0 FORCE MAJEURE Any delay or failure of either party in the performance 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 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be in the Middle District of Florida in 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 6 negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the 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 have been induced by no representations, statements, warranties, or agreements other than those expressed 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. 26.0 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 27.0 PROHIBITION AGAINST CONTINGENT FEES 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. 28.0 NO JOINT VENTURE Nothing herein shall be deemed to create a joint 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. 29.0 ATTORNEY'S FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 30.0 COUNTERPARTS 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. 31.0 DRAFTING 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. 32.0 NOTICES Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: change. For Service Provider: Eastwood Tuff Turf, Inc. 1615 Oklahoma Street Oviedo, FL 32765 For City: City of Winter Springs Urban Beautification Manager 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327 -5976 Facsimile: (407) 327 -6695 33.2 Either party may change the notice address by providing the other party written notice of the 34.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the 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. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 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 harmless 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 of liability 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 be permitted 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 of any inconsistency in any of the 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; and d. The Bid documents. 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 Provider 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 if it 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. 38.0 NONDISCRIMINATION The Service Provider warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, or physical handicap. 39. ARREARS The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. 40. WARRANTY The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. 41. INDEPENDENT CONTRACTOR The Service Provider agrees that it is an independent contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole 9 discretion, supervision, and control. The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 42. NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. 43. EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be performed by the Service Provider hereunder. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. ATTEST: ANDREA LORENZO - LUACES, City Clerk SERVICE PROVIDER: Name (Printed and Signed) Title Date CITY: CITY OF WINTER SPRINGS, FLORIDA A Florida municipal corporation KEVIN L. SMITH City Manager Date SPECIFIC TASKS 1.0 MOWING The mowing of all turf areas shall be no less than once every seven (7) days in the heavy growing season. Mowing shall be no less than bi- weekly during the dormant growing season. Growing seasons are dictated by the weather and therefore may change per the City's Representative, but otherwise shall be: SPECIFIC TURF CARE • St. Augustine This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for St. Augustine sod care, culture, and good horticultural practice as shown in Publication ENH 5. St. Augustine grassed areas will be mowed to a height of 4 to 4.5" inches on average, depending upon established grass needs, by finish mower or a groom mower. At no time shall more than one -third (1/3) of the leaf surface be removed in one mowing. • Bahiagrass SECTION 01100 TECHNICAL SPECIFICATIONS Heavy Growing Season - February 15 through October 15. Dormant Growing Season - October 16 through February 14. This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bahiagrass sod care, culture, and good horticultural practice as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of 3" inches on average, depending upon established grass needs, by finish mower or a groom mower. At no time shall more than one -third (1/3) of the leaf surface be removed in one mowing. Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site (ex: sidewalks and curblines) and actual site locations. Areas are to look clean and neat and free of debris at all times. Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until disease is undetectable. No debris bags shall be left on site more than 5 hours. 2.0 MULCHING Mulching to be performed between November 1 and December 25 each year to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches (a minimum of 2 inches must be new mulch), and neatly placed, not dumped. Contractor shall attempt to avoid placing mulch directly against the base of plants and tree trunks where it may be detrimental to the long term health of such material. Shredded cypress mulch is to be used unless otherwise directed by the City's Project Manager. 3.0 EDGING Edging of all walks, curbs, edging of pavements, grass and vine invasion shall be done weekly during the heavy growing season and bi- weekly for the remainder of the year. All grass and dirt to be blown off onto grass areas only. No debris shall be blown onto hard surfaces or into shrub or flower beds. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be performed as often as needed. 33 4.0 WEEDEATING Areas inaccessible to mowing equipment shall be kept neat and trimmed as part of each service. Trimming of grass and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign posts and trees) will be done through chemical control within a limit of six inches (6 ") maximum or trimmer so as not to inflict damage of any kind to structure, equipment or tree. 5.0 PRUNING SHRUBS AND ORNAMENTALS Pruning and trimming of plants shall be performed as often as necessary to remove dead wood harboring insects and disease and to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the City Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches. Pruning shall be performed to balance infiltration light to enhance new growth. Small leafed shrubs, such as pittosporum, azalea, duranta, ligustrum, burford holly and ilex schilling, etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more that four inches of new growth appears. Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4" before removal. At no time should shrubs of any variety be permitted to display a disorderly or unkempt appearance. Plants such as crinum lilies, variegated ginger, flax lily and grasses are to be trimmed of dead winter foliage in March of each year and to be kept neat and fungus free. Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat. At no time are herbicides to be used to rid plants of sucker growth, instead hand pulling or an aggressive trimming routine is to be established. All plants that have dead fronds or growth throughout the growth cycle (i.e., coontie, sago, aztec grass, holly fern, flax lily, phoenix roebelinii, palmetto, etc.) are to be systematically checked and cleaned of dead and dying material with special attention to early spring cleanup. Dead plants shall be removed immediately during the normal service visit and a report filed with the City Project Manager detailing the location of removal and species removed. Care shall be taken to not spread diseases such as Sphaeropsis gall to other plants by cleaning trimming equipment immediately after contact with infected plant material. 6.0 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 materials at the time the loss occurs. 7.0 TREE TRIMMING All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA and ANSI A -300 Industry Standards for tree care. Trimming of established trees shall be to a minimum of eight (8) foot and a maximum of twelve (12) foot under canopy and pruned just outside the branch collar by the Service Provider. New or young trees are to be pruned with an ideal under canopy of six (6) feet or to a suitable and healthy height for each tree. Sucker growth is to be removed by hand or trimmer from the base of a tree. Herbicides are not to be used for this purpose. Ornamental Ligustrum, Holly and Japanese blueberry trees are to be trimmed and shaped on a regular basis or as specified by the City's Representative. Palms are to be pruned as often as necessary to ensure the absence of seed pods and visible dead or dying fronds prior to dropping to the ground. It is rarely necessary to remove a `green' frond from a palm tree, so be sure to always use the 9 o'clock / 3 o'clock rule when trimming palms and do not trim more than absolutely necessary as the plant's energy is derived from the fronds. Please refer to University of Florida IFAS Publication Pruning Landscape Trees and Shrubs (CIR 853) for more details on tree and palm pruning. 34 Care shall be taken to not spread diseases such as Sphaeropsis gall to other plants by cleaning pruning equipment immediately after contact with infected plant material. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons and vehicular traffic within any areas undergoing pruning. No lane closures are permitted for tree trimming under this project manual unless approved by the City's Representative. Climbing spurs shall never be used in living trees or palms as per the City's Arbor Code. 8.0 WEEDING Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule, to control weed population and maintain healthy plants. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in landscaped areas will be accomplished by hand weeding and /or application of round -up and a pre- emergent herbicide, if needed. All weeds in sidewalks or pavement areas (including curbing) shall be chemically controlled or removed by hand. Chemical control of weeds in jasmine and ground cover beds shall only be allowed if approved by the City's Project Manager. 9.0 ANNUALS AND SEASONAL COLOR BEDS Annuals will be included in the base cost and changed four (4) times per year at all designated annual bed areas. Annuals are to be 4" full bloom and must be approved by Owner or City's Representative for each seasonal change variety. A schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to consist of 14 -14 -14 Granular fungicide and Cavalier Subdue GR. along with any added soil preparations or enhancements needed to facilitate strong healthy growing annuals. Annuals /Color Beds are located at the following areas: • Tuskawilla Road and Winter Springs Blvd (median tip including clay pots) • Seneca and Winter Springs Blvd (median tip including clay pots) • SR 434 and Tuscora Blvd (median tip) 10.0 IRRIGATION Complete irrigation inspections shall be performed two (2) times per month at minimum. Details of the inspection shall be recorded on log sheets (to be submitted with the monthly billing) and consist of the following: 1. Turning on each zone and inspecting each head for the proper coverage, including straightening, adjusting the output of water, adjusting spray patterns and unclogging any heads. 2. Repairing broken heads and lateral lines, as necessary. 3. Checking and adjusting the irrigation controller(s) for proper operation and programming. If there are battery controllers on the site, check each for battery life and replace at 75% depletion. 4. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the mainline. 5. Checking water source for leaking and visual inspection of backflow device, if present. 6. Inspect rain sensor(s), weather station(s), soil moisture sensor(s), etc., for proper operation and settings at each irrigation controller during each service. 7. Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect adjustments and /or repairs to remedy the issue. A visual INSPECTION of all irrigated areas shall be done each week during the growing season and bi- weekly during the dormant season. This activity can also be accomplished by the mowing crew. The Service Provider shall submit a detailed report, at the time of billing of each monthly service, consisting of the clock and location, each zone by number, and any repairs or work performed during that service. All parts used will be itemized on the bill with a maximum of $ 250.00 billed for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. If there is an additional cost for repairs beyond the maximum of $250, the Owner or City Representative must be given a verbal report of the repair and costs involved before the work is to be performed. No payment will be made for heads or parts damaged by the Service Provider. 35 Service Provider shall immediately repair any and all damaged property within the areas specified in this agreement to meet original specifications with commercial quality irrigation parts. All work performed by Contractor to meet industry standards. Repair work involving the Hunter ACC 2 -wire Irrigation Controller and Wiring (Winter Springs Blvd. Medians) must be made to exact manufacturer's specifications. All wire splices shall be soldered and placed in approved wire connectors within a valve junction box. All labor required to repair or replace defective parts is included in the contract price except when repairing valves, main lines or lateral lines over 1 1 /2 ", clock or wiring problems, or lines under sidewalks or roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead and profit. Contractor is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need to shut down the mainline for any reason, the Owner must be contacted at: (407) 327 -5976 (main office— during business hours) or (407) 327 -2669 (emergency number - after hours). UNIT PRICE BID 1. GENERAL 2. PAY ITEMS SECTION 01150 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Payment for all work done in compliance with the Contract Documents, inclusive of furnishing all manpower, equipment, materials, and performance of all operations relative to execution of this project, will be made under Pay Items established in the Bid Form. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. B. The Owner reserves the right to alter the Drawings, modify incidental work as may be necessary, and increase or decrease the work to be performed to accord with such changes, including deductions or additions to the scope of work outlined in the Contract Documents. Changes in the work shall not be considered as a waiver of any conditions of the Contract nor invalidate any provisions thereof. Changes resulting in changes in the scope or quantities of Work or time or other conditions of work will be basis for consideration of a Change Order, which is to be negotiated and executed before proceeding with the work.. Work, which has not been authorized by a written Change Order, will not be subsequently considered for additional payment. C. If the Service Provider makes a claim for an extra or additional cost, and requests a Change Order be issued prior to performing the work, and the OWNER renders a decision denying such request, the Service Provider must notify the Owner in writing within 3 days of the time that the Service Provider is informed of the Owner's decision. Otherwise the OWNER will not consider any such difference as a claim for a Change Order or additional payment or time. Any such written notice received by the Owner from the Service Provider within the 3 -day period shall be just reason for the Owner to re- evaluate his previous decision. The unit and Lump Sum prices stated in the Contract to be paid for respective items shall be payment in full for the completion of all work, specified and described to be included in the respective items, complete and ready for use and operation, including testing, as shown on the Drawings and as specified. Payment will be made under each item only for such work as is not specifically included under other items. 3. SUBMITTAL OF PROGRESS REPORTS Service Provider shall submit a monthly 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 in not sufficient in the City's 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. Any other reports deemed necessary or set forth in this Agreement shall also accompany application for payment. 1. GENERAL REQUIREMENTS 1.1 Description SECTION 01300 Work Specified Herein and Elsewhere A. This Section includes but is not limited to requirements for the following: 1. Work Schedules. 2. Progress Reports. 3. Shop Drawings, Product Data, Samples and Irrigation Replacement Parts. 2. SCHEDULES AND REPORTS 2.1 Schedule of Operations SUBMITTALS Service Provider shall submit a schedule of maintenance, irrigation and installation operations to the Owner for approval prior to commencement of Work. The operations shall be sequenced to provide a minimum of interruption to the use of the existing facilities including but not limited to roadways and shall be set during reasonable work hours so as to comply with all noise ordinances of local governments. Service Provider shall inform the Owner of any changes in the schedule and allow ample time for the Owner to alter operations as required by the execution of the various components of the work. Approval of traffic control and schedules shall be obtained from the governmental entity having jurisdiction over the area of work. 2.2 Submittal of Progress Reports Service Provider shall submit a monthly written progress report as to the status of all Work set forth in the Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed -upon Services. The report shall also reflect any noted concerns or problems by the Contractor within the affected contract parameters. 2.3 Submittal of Damage and Repair Reports A detailed description of repair work, such as plantings, sod replacement, irrigation repairs, made during the month, are to be listed with their respective locations and attached to the monthly invoice. The City's Representative will review these invoices prior to processing for payment. In the case of conflict, an inspection of the area and work in question will be made by the City's Representative and an authorized representative of the Contractor within five (5) workings days after receipt of the invoice. Once the City has approved the City's Representative's recommendation for payment, payment will be made. 3. PRODUCT DATA, AND SAMPLES 3.1 Shop Drawings (not used) 3.2 Product Data Product data are manufacturer's standard schematic drawings and manufacturers catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data. 38 3.3 Samples Samples are physical examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. 3.4 Irrigation Replacement Parts Irrigation Parts are to be replaced with like parts of commercial quality to the original specifications at origin of Contract. Submittal of parts' details shall accompany appropriate reports. 3.5 Service Provider's Responsibilities A. Prior to submission, the Service Provider shall thoroughly check product data, and samples for completeness and for compliance with the Contract Documents and shall verify all dimensions and field conditions and shall coordinate the drawings with the requirements for other related work. B. The Service Provider's responsibility for errors and omissions in submittals is not relieved by the Owner's review of submittals. C. The Service Provider shall notify the Owner, in writing, at the time of submission, of deviations in submittals from the requirements of the Contract Documents and is not relieved by the Owner's review of submittals, unless the Owner gives written acceptance of specific deviations. D. Begin no work, which requires submittals until return of submittals indicating the submittal has been reviewed. ** *End of Section * ** LOCATIONS SECTION 01400 SERVICE AREA DESCRIPTIONS 1. Winter Springs Boulevard Medians ( #1 -23 starting at Tuskawilla Road heading East). Beginning at Tuskawilla Road, head east on Winter Springs Blvd. through the Tuscawilla Subdivision. Service area ends at Seneca and Winter Springs Blvd. just before entering Oviedo. The turf is St. Augustine. The Hunter 2 -Wire Irrigation Timer is located near the bridge located just northeast of the Tuscawilla Country Club at the lift station bordering Wedgewood Tennis Villas. There are 90 median zones mostly utilizing reclaimed water, with a few zones just east of Northern Way on potable water. 2. Main Entry at Tuskawilla Road and Winter Springs Blvd. Entrance area around `fountain' water features going North to South parallel with Tuskawilla Road from St. Stephen's Church to the brick wall (almost across the street from New Covenant Church). West to East boundaries are from the curb along Tuskawilla Road to the residential property lines behind and adjacent to the fountains. The turf is mostly St. Augustine. The Rainbird Irrigation Timer is located behind the south fountain adjacent to the fountain controllers. There are approximately 15 -20 zones for the main entrance and the system is using reclaimed water. 3. Seneca Blvd. and Winter Springs Blvd. There are (4) entrance monuments here, with (2) being small and located on Seneca. Maintenance consists of all beds directly around the monuments, turf directly around the monuments and in front of the monuments between the roadway and monument feature. The turf is St. Augustine and Bahia. There are TBOS Battery Irrigation Timers at the valves and the system is using potable water. 4. Trotwood Blvd. and Tuskawilla Road. There are (2) monuments here on each side of the roadway. Maintenance consists of all beds directly around the monuments, turf directly around the monuments and in front of the monuments between the roadway and monument feature. The turf also extends along the roadway (south side) between the monument and the corner of Sybilwood Circle. The turf is St. Augustine. There are TBOS Battery Irrigation Timers located at the valves and the system is using reclaimed water. 5. Shetland Ave. and Citrus. There are (2) monuments here on each side of the roadway. Maintenance consists of all beds directly around the monuments, turf directly around the monuments and in front of the monuments between the roadway and monument feature. There are TBOS Battery Irrigation Timers located at the valves and the system is using potable water. 6. Vistawilla Drive. There are (2) monuments here on each side of the roadway. The monuments are staggered with one being near the entrance to Eagle's Watch and the other being at the North property boundary of Howell Creek Reserve. Maintenance consists of all beds directly around the monuments, turf directly around the monuments and in front of the monuments between the roadway and monument feature. There are TBOS Battery Irrigation Timers located at the valves and the system is using reclaimed water. Tuscora Drive. There are (2) monuments here on each side of the roadway. Maintenance consists of all beds directly around the monuments, turf directly around the monuments and in front of the monuments between the roadway and monument feature. There are TBOS Battery Irrigation Timers located at the valves and the system is using potable water. 7. Deer Run. There are (2) monuments here on each side of the roadway. Maintenance consists of all beds directly around the monuments, turf directly around the monuments and in front of the monuments between the roadway and monument feature. There are TBOS Battery Irrigation Timers located at the valves and the system is using potable water. 8. Dyson Drive. There are (2) monuments here on each side of the roadway. Maintenance consists of all beds directly around the monuments, turf directly around the monuments and in front of the monuments between the roadway and monument feature. There are TBOS Battery Irrigation Timers located at the valves and the system is using potable water. 9. Howell Creek. There are (2) monuments here on each side of the roadway. Maintenance consists of all beds directly around the monuments, turf directly around the monuments and in front of the monuments between the roadway and monument feature. There are TBOS Battery Irrigation Timers located at the valves and the system is using potable water. •1 7.111.' IA • m �' w11 ma- I1iuhpp{L t1 INN N IF 111b Mi Bee How Trotwnnd Blvd. (2 Monuments) Main Entrance Tuskawilla Road and Winter Springs Blvd. Creek (2 Mn ments) Dyson Drive (2 Monuments) Tuscnra Drive (2 Monuments / 1 edian) C f[{ rl{IIs{{ul� {{ ui 4 IQl lf' 11 1 i .! iir...ct.am{{u 111*^MC9111 Shetland /Citrus (2 Monuments) Winter Springs Blvd (23 Medians) Vistawilla Drive (2 Monuments) Winter Springs Blvd. /Seneca (4 Monuments) OUT OUT Tuscawilla Lighting and Beautiiicatiuu District Project Map Landscape Maintenance Areas Shown In `Green' BID TABULATION CITY OF WINTER SPRINGS, FL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 407 - 327 -1800 ITB NUMBER: ITB- 004 /11 /SR PROJECT NAME: TLBD LANDSCAPE MAINTENANCE Opened: 3:00 P.M. Closed: 3:08 P.M. Date: 5/26/11 Called By: Steven Richart, Community Development, Urban Beautification Manager Witnessed By: Michael Mingea, City Arborist Company Name: Annan Landscape Co.. LLC. Address: 991 Explorer Cove, Alt. Sprgs., FL 32701 Base Bid: $ 78,360 Services: L, I Company Name: Dawnalee Corp. Address: 216 Stoner Road, Winter Springs, FL 32708 Base Bid: $ 90,774 Services: L, I Company Name: Eastwood Tuff of Central Florida Address: 1615 Oklahoma Street, Oviedo, FL 32765 Base Bid: $ 64,440 Services: L, I Company Name: Central Florida Landscaping and Maintenance, Inc. Address: PO Box 620645, Oviedo, FL 32762 Base Bid: $ 69,600 Services: L Company Name: Kirkland's Property Management Services, LLC. Address: 224 Sterling Rose Court, Apopka, FL 32703 Base Bid: $ 66,384 Services: L, I Company Name: Carol King Landscape Maintenance, Inc. Address: 7032 Old Cheney Hwy, Orlando, FL 32807 Base Bid: $ 95,352 Services: L, I Company Name: Maintenance Management Address: 1576 Stargazer Terrace, Sanford, FL 32771 Base Bid: $ 31,440 Services: L, I Company Name: P &L Lawn Maintenance, Inc. Address: 300 N. Goldenrod Road, Orlando, FL 32807 Base Bid: $ 87,792 Services: L, I Company Name: Vila and Sons, Inc. Address: 1900 Williams Road, Winter Garden, FL 34787 Base Bid: $ 89,750 Services: L, I GENERAL 1.1 Description The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. Bid is submitted by: EAS'iwoola hi F lUie,F 1 S Co1Z (NV 14: €5 oKc.4€doaf+t - . r OVt & € L. .7276S (Insert legal name, address, and whether sole proprietorship, partnership or corporation.) 1.2 The Undersigned: A. Acknowledges receipt of: SECTION 00300 BID FORM 1. Project Manual for the TLBD Landscape Maintenance Program, ITB 004 /11 /SR, dated April 10, 2011. 2. Drawings 3. General Notes /Details 4. Addenda: B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he /she waives all right to plead any misunderstanding regarding the same. C. Agrees: Number dated 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid. 4. To accomplish the work in accordance with the contract documents. 5. To begin work not later than 10 days after execution of the contract agreement. 1.3 Stipulated Amount A. Base Bid I will provide the services under this project for the Base Bid Amount of: e $1xTy.0 rou,z Ti.4o%.1s4,$o Ioug iJ ) i= ;ray Dollars ($ 69 44O ). The Base Bid amount reflects pricing for the following Services (check that apply): "'Landscape Maintenance Irrigation Maintenance 10 1.4 Major Equipment (Not Used) 1.5 Bid Schedule A. Proposals (Bids) must be submitted in triplicate with original signatures in blue ink on the Bid Form. B. I have attached evidence of qualification and licensing to do business in the State and locality of this project. C. I have attached the required Bid Security to this Bid, if applicable. D. I have attached a list of all subcontractors I will utilize for the Contract work. E. 1 have included all requested documentation' as shown in Section 00100 Instructions To Bidders. 1.6 Submittal l nJ� RESPECTFULLY SUBMITTED, signed and sealed this 19 day of 1',14Y , 201L. Service Provider By (signature) ATTEST: SECRETARY AFFIX CORPORATE SEAL The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, :inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the contract work at the unit prices set forth below. Service Provider shall be paid for actual quantities completed in accordance with the Contract Documents. The following is the order of precedence which will be used in case of conflicts within the Bid Schedule provided by each Bidder: Unit Cost, Total Cost, Total Base Bid (See attached Bid Form). Title Vi <pig` ap,5 Printed Name: ®00 Business Address I Gi s" C9kl.4f osf4 . f" City OW600 State FC. Zip 32, _ � Phone 407 -4G -5 ** If your company is an L.L.C., please note that fact in the box. **Section 00300 - Continued on the next page** I1 1. Medians 1 -23 (Winter Springs Blvd) 2. Main Entry (Tuskawilla Road & Winter Springs Blvd.) 3. Seneca & Winter Springs Blvd. Entry 4. Trotwood Blvd Entry 5. Shetland & Citrus Entry 6. Vistawilla Dr. Entry 7. Tuscora Dr. Entry 8. Deer Run Entry 9. Dyson Drive Entry 10. Howell Creek Entry BID CALCULATION SHEET -- PART 1 Landscape Maintenance (ITB OD4 /11 /SRJ Jan 1 thru Dec 31 Unit Cost !$ JOQS x 12 Months = $ 36060 Year Unit Cost l$ x 12 Months = $ g1 Year Unit Cost 1$ 50 x 12 Months = $ (aG' Year Unit Cost /$ CO x 12 Months = $ COO Year Unit Cost 1$ � x 12 Months = $ 600 Year Unit Cost 1$ O x 12 Months = $ 6007 Year Unit Cost 1$ 240 x 12 Months = $ 520 Year Unit Cost /$ 5th x 12 Months = $ 0 Year Unit Cost 1$ 50 x 12 Months = $ 600 Year Unit Cost l$ b x 12 Months = $ 6 Year TOTAL COST (A) $ 50 74 0 Year * If not bidding this portion, place a 'D' in the total cost field. 13 1. Medians 1 -23 (winter Springs Bivd) 2. Main Entry (Tuskawilla Road & Winter Springs Blvd.) 3. Seneca & Winter Springs Blvd. Entry 4. Trotwood Blvd Entry 5. Shetland & Citrus Entry 6. Vistawilla Dr. Entry 7. Tuscora Dr. Entry 8. Deer Run Entry 9. Dyson Drive Entry 10. Howell Creek Entry Unit Cost 1$ 5 Unit Cost 1$ Unit Cost /$ ADD TOTAL COST (A +B): $ (l , 411© BID CALCULATION SHEET — PART 2 Irrigation Maintenance (ITB 004/11/SR) Jan 1 thru Dec 31 x 12 Months = $ QOQO Year Year Year Unit Cost 1$ ZOO x 12 Months = $ 2400 Unit Cost 1$ CO x 12 Months = $ bOo SO x 12 Months = $ 60 Year x 12 Months = $ Goo Year Unit Cost 1$ S x 12 Months = $ 6 0 0 Year Unit Cost 1$ 75 x 12 Months = $ 700 Year Unit Cost 1$ ✓ x 12 Months = $ 6 , 00 Year Unit Cost 1$ 5 x 12 Months = $ Lv DO Year Unit Cost 1$ SO x 12 Months = $ 4 7 0O Year TOTAL COST (B) $ / 3 coo Year * if not bidding this portion, place a `0' in the total cost field. —Enter this amount on the BID FORM — Sec. 00300 (1.34)— 14 (2 Wire — 90 zones) (110v Timer) (Battery Timers) (Battery Timers) (Battery Timers) (Battery Timers) (Battery Timers) (Battery Timers) (Battery Timers) (Battery Timers) GRAND TOTAL PER YEAR. BID CALCULATION SHEET – PART 3 UNIT COSTS The Bidder agrees with all conditions herein stated, proposes to contract, to the Base Bid sums, with the Owner the following Unit Costs, which if requested in writing, can result in additions to or deductions from the Base Bid as follows: UNIT PRICE #1 pe Add'I Mulch Provided & Installed (shredded cypress) $7. / per yard UNIT PRICE #2 (Provide and install) Labor to install 1 Gallon Plant Labor to install 3 Gallon Plant Labor to install 7 Gallon Plant Labor to install 15 Galion Tree Labor to install 30 Gallon Tree Installation of 4" Annual $ ✓, �� each $ each $ R9. each $ 7 5 . ''::L each $ each $ 1 1 each UNIT PRICE #3 Irrigation Repairs and Troubleshooting: beyond Contract Requirements: C . per hour Labor (Main Technician) $ Labor (Helper) $ s,.0. per hour Additional Material Cost to furnish part (labor not included): PGP Rotors $ each Pop -Up Sprinklers 4" $ e `°= each Pop -Up Sprinklers 6" $ 75 each Pop -Up Sprinklers 12 "$ 7e $Q each Shrub Nozzles $ v a 7 a each MP Rotator Nozzle $ 41.7S" each Rainbird MC 24 Sta. $ 70o. = each Zone Valves - 1" $ 45. = each Zone Valves -- 2" $ 05". each Zone Valves - 3" $ each 9V Battery $ t . Co each TBOS � - 1 Sta. $ I Z 5. e each Hunter ICC Controller $ 350 , °= each UNIT PRICE #4 Labor and materials for tree pruning and removal: Labor (Cutter) $ 4 5• " per hour Labor (Groundsman) $ Z 55. " per hour UNIT PRICE #5 (Materials and labor) Spraying of Round Up $ 0. Z ' per square foot AGREEMENT FOR MOWING SERVICES THIS AGREEMENT FOR MOWING SERVICES ( "Agreement ") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City"), located at 1126 East State Road 434, Winter Springs, Florida 32708, and Eastwood Tuff Turf, Inc., authorized to conduct business in Florida ( "Service Provider"), located at: 1615 Oklahoma Street, Oviedo, FL 32765. WITNESSETH: WHEREAS, City wishes to obtain landscape maintenance services for the TLBD Landscape Maintenance Program (ITB 004 /11 /SR) 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 the TLBD Landscape Maintenance Program (ITB 004 /11 /SR) for 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 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 2.0 TERM AND DEFINITIONS. 2.1 The term of this Agreement shall be for one (1) year, commencing on August 1, 2011, and terminating at midnight on July 31, 2012, unless either party chooses to exercise its rights under Section 20, "Termination ". The parties shall have the option to extend the term of this Agreement for five (5) one -year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no Tess than ninety (90) days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the performance of the Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date. The City manager shall recommend a one (1) year extension or termination. Should the Service Provider and City agree to extend the Agreement, the Service Provider may be entitled to an increase in rates in an amount not to exceed one half (1/2) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI -U) for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982 -84, or the successor index to same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. 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: written consent. 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 maintenance 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 Eastwood Tuff Turf. 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" or "Designated Representative" or "Project Director" shall mean the City's Urban Beautification Manager, or his/her designee, who is to provide the general administration of the Agreement. 3.0 SCOPE OF SERVICES Service Provider shall do, perform, deliver and carry out, in a professional manner, the type of services as set forth in the "Scope of Work," attached hereto as Exhibit 'A' and fully incorporated herein by this reference, including but not limited to the furnishing of all labor, equipment, tools, materials, and incidentals. 4.0 AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein, or additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue an Amendment to this Agreement or Change Order and the Service Provider shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. 5.0 SCHEDULE 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 apprised 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. No extension for completion of services shall be granted to Service Provider without City's prior 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service Provider a sum not to exceed Sixty Four Thousand Four Hundred and Forty Dollars ($64,440). If this Agreement is extended, the total annual amount paid to Service Provider shall not exceed the above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement. 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 the Project Manual. 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 of a 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 of this 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 of Work under this Agreement. The City 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 performed. 6.4 Truth -In- Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the execution of a truth -in- negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 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 The Service Provider shall maintain records on the City's projects, in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the Service Provider's normal business hours for a period of two (2) years after the Service Provider's final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Service Provider shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due date(s) to the payment by the Service Provider of all monies owed. 9.0 PROFESSIONALISM AND STANDARD OF CARE 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 SUBMITTAL OF PROGRESS REPORTS Service Provider shall submit a monthly 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. Service Provider agrees to provide that information within a reasonable time period. 11.0 WARRANTY OF PROFESSIONAL SERVICES The Service Provider (for itself and any of its employees, contractors, partners, 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 bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER 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 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. 14.0 PROGRESS MEETING 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 Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of safety. 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 Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Service Provider shall make this same requirement of any of its subcontractors. Service Provider shall indemnify and save the City harmless for any damage resulting to them for failure of either Service Provider or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain during the term of this Agreement: COVERAGE MINIMUM LIMITS General and Auto Liability $500,000 per person /incident $1,000,000 incident Professional Liability (if applicable) $1,000,000 Worker's Compensation Statutory Neither Service Provider nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A ", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The contractor's insurance policies should be endorsed to add the City of Winter Springs as an Additional Insured. The Service Provider shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been given to the City by certified mail. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS In the performance of work and services under this Agreement, Service Provider agrees to comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Service Provider, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 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 of the 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. 19.2 If upon receiving 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 if no subcontract had been made. 19.3 If City determines 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 This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Service Provider. It may also be terminated by the City with or without cause immediately upon written notice to the Service Provider. Unless the Service Provider is in breach of this Agreement, the Service Provider shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Service Provider shall: A. Stop work on the date and to the extent specified by the City. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. 21.0 FORCE MAJEURE Any delay or failure of either party in the performance 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 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be in the Middle District of Florida in 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 of the 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 have been induced by no representations, statements, warranties, or agreements other than those expressed 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. 26.0 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 27.0 PROHIBITION AGAINST CONTINGENT FEES 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. 28.0 NO JOINT VENTURE Nothing herein shall be deemed to create a joint 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. 29.0 ATTORNEY'S FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 30.0 COUNTERPARTS 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. 31.0 DRAFTING 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. 32.0 NOTICES Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: change. For Service Provider: Eastwood Tuff Turf, Inc. 1615 Oklahoma Street Oviedo, FL 32765 For City: City of Winter Springs Urban Beautification Manager 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327 -5976 Facsimile: (407) 327 -6695 33.2 Either party may change the notice address by providing the other party written notice of the 34.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the 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. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 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 harmless 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 of liability 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 be permitted 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 of any inconsistency in any of the 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; and d. The Bid documents. 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 Provider 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 if it 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. 38.0 NONDISCRIMINATION The Service Provider warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, or physical handicap. 39. ARREARS The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. 40. WARRANTY The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. 41. INDEPENDENT CONTRACTOR The Service Provider agrees that it is an independent contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole 9 discretion, supervision, and control. The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 42. NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. 43. EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be performed by the Service Provider hereunder. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. ATTEST: SERVICE PROVIDER: IAN) GAS rwoo a Name (Printed and Signed) VP OPs• Title - - ° f1 Date CITY: CITY OF WINTER SPRINGS, FLORIDA A Florida municipal corp tion KEVj)(L. SMIT Ci M aggjr - 722_ Date 10 SPECIFIC TASKS 1.0 MOWING The mowing of all turf areas shall be no less than once every seven (7) days in the heavy growing season. Mowing shall be no less than bi- weekly during the dormant growing season. Growing seasons are dictated by the weather and therefore may change per the City's Representative, but otherwise shall be: Heavy Growing Season - February 15 through October 15. Dormant Growing Season - October 16 through February 14. SPECIFIC TURF CARE • St. Augustine This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for St. Augustine sod care, culture, and good horticultural practice as shown in Publication ENH 5. St. Augustine grassed areas will be mowed to a height of 4 to 4.5" inches on average, depending upon established grass needs, by finish mower or a groom mower. At no time shall more than one -third (1/3) of the leaf surface be removed in one mowing. • Bahiagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bahiagrass sod care, culture, and good horticultural practice as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of 3" inches on average, depending upon established grass needs, by finish mower or a groom mower. At no time shall more than one -third (1/3) of the leaf surface be removed in one mowing. Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site (ex: sidewalks and curblines) and actual site locations. Areas are to look clean and neat and free of debris at all times. Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until disease is undetectable. No debris bags shall be left on site more than 5 hours. 2.0 MULCHING Mulching to be performed between November 1 and December 25 each year to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches (a minimum of 2 inches must be new mulch), and neatly placed, not dumped. Contractor shall attempt to avoid placing mulch directly against the base of plants and tree trunks where it may be detrimental to the long term health of such material. Shredded cypress mulch is to be used unless otherwise directed by the City's Project Manager. 3.0 EDGING Exhibit 'A' - Scope of Work Edging of all walks, curbs, edging of pavements, grass and vine invasion shall be done weekly during the heavy growing season and bi- weekly for the remainder of the year. All grass and dirt to be blown off onto grass areas only. No debris shall be blown onto hard surfaces or into shrub or flower beds. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be performed as often as needed. 33 4.0 WEEDEATING Areas inaccessible to mowing equipment shall be kept neat and trimmed as part of each service. Trimming of grass and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign posts and trees) will be done through chemical control within a limit of six inches (6 ") maximum or trimmer so as not to inflict damage of any kind to structure, equipment or tree. 5.0 PRUNING SHRUBS AND ORNAMENTALS Pruning and trimming of plants shall be performed as often as necessary to remove dead wood harboring insects and disease and to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the City Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches. Pruning shall be performed to balance infiltration light to enhance new growth. Small leafed shrubs, such as pittosporum, azalea, duranta, Iigustrum, burford holly and ilex schilling, etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more that four inches of new growth appears. Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4" before removal. At no time should shrubs of any variety be permitted to display a disorderly or unkempt appearance. Plants such as crinum lilies, variegated ginger, flax lily and grasses are to be trimmed of dead winter foliage in March of each year and to be kept neat and fungus free. Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat. At no time are herbicides to be used to rid plants of sucker growth, instead hand pulling or an aggressive trimming routine is to be established. All plants that have dead fronds or growth throughout the growth cycle (i.e., coontie, sago, aztec grass, holly fern, flax lily, phoenix roebelinii, palmetto, etc.) are to be systematically checked and cleaned of dead and dying material with special attention to early spring cleanup. Dead plants shall be removed immediately during the normal service visit and a report filed with the City Project Manager detailing the location of removal and species removed. Care shall be taken to not spread diseases such as Sphaeropsis gall to other plants by cleaning trimming equipment immediately after contact with infected plant material. 6.0 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 materials at the time the loss occurs. 7.0 TREE TRIMMING All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA and ANSI A -300 Industry Standards for tree care. Trimming of established trees shall be to a minimum of eight (8) foot and a maximum of twelve (12) foot under canopy and pruned just outside the branch collar by the Service Provider. New or young trees are to be pruned with an ideal under canopy of six (6) feet or to a suitable and healthy height for each tree. Sucker growth is to be removed by hand or trimmer from the base of a tree. Herbicides are not to be used for this purpose. Ornamental Ligustrum, Holly and Japanese blueberry trees are to be trimmed and shaped on a regular basis or as specified by the City's Representative. Palms are to be pruned as often as necessary to ensure the absence of seed pods and visible dead or dying fronds prior to dropping to the ground. It is rarely necessary to remove a `green' frond from a palm tree, so be sure to always use the 9 o'clock / 3 o'clock rule when trimming palms and do not trim more than absolutely necessary as the plant's energy is derived from the fronds. Please refer to University of Florida IFAS Publication Pruning Landscape Trees and Shrubs (CIR 853) for more details on tree and palm pruning. 34 Care shall be taken to not spread diseases such as Sphaeropsis gall to other plants by cleaning pruning equipment immediately after contact with infected plant material. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons and vehicular traffic within any areas undergoing pruning. No lane closures are permitted for tree trimming under this project manual unless approved by the City's Representative. Climbing spurs shall never be used in living trees or palms as per the City's Arbor Code. 8.0 WEEDING Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule, to control weed population and maintain healthy plants. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in landscaped areas will be accomplished by hand weeding and /or application of round -up and a pre- emergent herbicide, if needed. All weeds in sidewalks or pavement areas (including curbing) shall be chemically controlled or removed by hand. Chemical control of weeds in jasmine and ground cover beds shall only be allowed if approved by the City's Project Manager. 9.0 ANNUALS AND SEASONAL COLOR BEDS Annuals will be included in the base cost and changed four (4) times per year at all designated annual bed areas. Annuals are to be 4" full bloom and must be approved by Owner or City's Representative for each seasonal change variety. A schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to consist of 14 -14 -14 Granular fungicide and Cavalier Subdue GR. along with any added soil preparations or enhancements needed to facilitate strong healthy growing annuals. Annuals /Color Beds are located at the following areas: • Tuskawilla Road and Winter Springs Blvd (median tip including clay pots) • Seneca and Winter Springs Blvd (median tip including clay pots) • SR 434 and Tuscora Blvd (median tip) 10.0 IRRIGATION Complete irrigation inspections shall be performed two (2) times per month at minimum. Details of the inspection shall be recorded on log sheets (to be submitted with the monthly billing) and consist of the following: 1. Turning on each zone and inspecting each head for the proper coverage, including straightening, adjusting the output of water, adjusting spray patterns and unclogging any heads. 2. Repairing broken heads and lateral lines, as necessary. 3. Checking and adjusting the irrigation controller(s) for proper operation and programming. If there are battery controllers on the site, check each for battery life and replace at 75% depletion. 4. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the mainline. 5. Checking water source for leaking and visual inspection of backflow device, if present. 6. Inspect rain sensor(s), weather station(s), soil moisture sensor(s), etc., for proper operation and settings at each irrigation controller during each service. 7. Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect adjustments and /or repairs to remedy the issue. A visual INSPECTION of all irrigated areas shall be done each week during the growing season and bi- weekly during the dormant season. This activity can also be accomplished by the mowing crew. The Service Provider shall submit a detailed report, at the time of billing of each monthly service, consisting of the clock and location, each zone by number, and any repairs or work performed during that service. All parts used will be itemized on the bill with a maximum of $ 250.00 billed for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. If there is an additional cost for repairs beyond the maximum of $250, the Owner or City Representative must be given a verbal report of the repair and costs involved before the work is to be performed. No payment will be made for heads or parts damaged by the Service Provider. 35 Service Provider shall immediately repair any and all damaged property within the areas specified in this agreement to meet original specifications with commercial quality irrigation parts. All work performed by Contractor to meet industry standards. Repair work involving the Hunter ACC 2 -wire Irrigation Controller and Wiring (Winter Springs Blvd. Medians) must be made to exact manufacturer's specifications. All wire splices shall be soldered and placed in approved wire connectors within a valve junction box. All labor required to repair or replace defective parts is included in the contract price except when repairing valves, main lines or lateral lines over 1 '/2", clock or wiring problems, or lines under sidewalks or roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead and profit. Contractor is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need to shut down the mainline for any reason, the Owner must be contacted at: (407) 327 -5976 (main office — during business hours) or (407) 327 -2669 (emergency number - after hours). Imint' Mai aiiiiuile r 64, Dee Main Entrance iuskawilla Road and Winter Springs Blvd_ Tratwood Blvd. (2 Motiuuierlts) Huw1iI�Erna (2 Munurnents) Dyson Drive (2 Monuments) Tuscura Drive (2 Monuments I I Median) Shetland/ Citrus (2 Monuments) Winter Springs Blvd. (23 Medians) Vistawilla Drive (7 Monuments) Winter Springs Blvd./Senora (4 Monuments) OUT TusrawiIla I.itthtintt and Reauti(icatitin District Prajnnt Map Landscape Maint nce Areas Shawn In 'Green' our I. GENERAL 1.1 Description The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. Bid is submitted by: EAS1'WOOD (OFF 1F Z $JC S CoRsPoe.A.T1oN iio( S. OKI (oiH# ST DJI Po,1.7-G 32765 - (Insert legal name, address, and whether sole proprietorship, partnership or corporation.) 1.2 The Undersigned: A. Acknowledges receipt of: 1. Project Manual for the TLBD Landscape Maintenance Program, ITB 004/11/SR, dated April 10, 2011. 2. Drawings 3. General Notes /Details 4. Addenda: B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he /she waives all right to plead any misunderstanding regarding the same. C. Agrees: Number , dated BID FORM 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid. 4. To accomplish the work in accordance with the contract documents. 5. To begin work not later than 10 days after execution of the contract agreement. 1.3 Stipulated Amount A. Base Bid I will provide the services under this project for the Base Bid Amount of: od 5 1X Ty - Fov F. it-40%.) SANO 4 ••• 1'ov�. (JviJr4,' ro de Dollars ($ 61, 440• 4° ). The Base Bid amount reflects pricing for the following Services (check that apply): /Landscape Maintenance ✓ Irrigation Maintenance The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the contract work at the unit prices set forth below. Service Provider shall be paid for actual quantities completed in accordance with the Contract Documents. The following is the order of precedence which will be used in case of conflicts within the Bid Schedule provided by each Bidder. Unit Cost, Total Cost, Total Base Bid (See attached Bid Form). 1.4 Major Equipment (Not Used) 1.5 Bid Schedule A. Proposals (Bids) must be submitted in triplicate with original signatures in blue ink on the Bid Form. B. I have attached evidence of qualification and licensing to do business in the State and locality of this project. C. I have attached the required Bid Security to this Bid, if applicable. D. I have attached a list of all subcontractors I will utilize for the Contract work. E. 1 have included all requested documentation as shown in Section 00100 Instructions To Bidders. 1.6 Submittal RESPECTFULLY SUBMITTED, signed and sealed this /9 day of I'/ 4 `/ , 20ff. . Service Provider 6 711 7' (V(Z. a CoArn 4c C"4"*, i Title V1 mf'' OPS By (signature) e/Gc.... f ,� Printed Name: Z t .4N eAt" o mi� Business Address Ho/ S at z4110$01 4Nosf4 5 r State FL Zip 3 2.7G Phone 907 3(06-5 7 ATTEST: SECRETARY AFFIX CORPORATE SEAL City OV,€ O0 DATE: //; ** If your company is an L.L.C., please note that fact in the box. "Section 00300 - Continued on the next page'` 1 1. Medians 1 -23 (Winter Springs Blvd) 2. Main Entry (Tuskawilla Road & Winter Springs Blvd. 3. Seneca & Winter Springs Blvd. Entry 4. Trotwood Blvd Entry 5. Shetland & Citrus Entry 6. Vistawilla Dr. Entry 7. Tuscora Dr. Entry 8. Deer Run Entry 9. Dyson Drive Entry 10. Howell Creek Entry Landscape Maintenance (ITB 004 /11 /SR) Jan 1 thru Dec 31 Unit Cost I$ 30oS x 12 Months = $ Unit Cost /$ ifo Unit Cost l$ Unit Cost I$ 50 Unit Cost I$ 5 Unit Cost /$ D Unit Cost /$ 240 Unit Cost /$ J�4 Unit Cost /$ S o Unit Cost /$ ,s0 BID CALCULATION SHEET — PART 1 x 12 Months = $ g /'D Year x 12 Months = $ W d© Year x 12 Months = $ x12 Months =$ x12 Months =$ 36'01 Year Coo Year to ©D Year 6019 Year x 12 Months = $ 2 52o Year 6 oa Year x 12 Months = $ x 12 Months = $ 600 Year Year x 12 Months = $ 6C9C, TOTAL COST (A) $ - (1 Year * If not bidding this portion, place a '0' in the total cost field. 13 1. Medians 1 -23 (Winter Springs Blvd) 2. Main Entry (Tuskawilla Road & Winter Springs Blvd.) 3. Seneca & Winter Springs Blvd. Entry 4. Trotwood Blvd Entry 5. Shetland & Citrus Entry 6. Vistawilla Dr. Entry 7. Tuscora Dr. Entry 8. Deer Run Entry 9. Dyson Drive Entry 10. Howell Creek Entry BID CALCULATION SHEET - PART 2 Irrigation Maintenance (ITB 004 /11 /SR) Jan 1 thru Dec 31 Unit Cost /$ S00 x 12 Months = $ 6000 Year Unit Cost /$ 1.177C? x 12 Months = $ 240 Year Unit Cost /$ CO x 12 Months = $ bOO Year Unit Cost /$ 5 - 0 x 12 Months = $ 64 Year Unit Cost /$ $ x 12 Months = $ Goo Year Unit Cost /$ x 12 Months = $ 6 0 D Year Unit Cost /$ 7 S Unit Cost /$ 5 - 0 Unit Cost /$ Sb Unit Cost /$ 50 ADD TOTAL COST (A +B): $ 6 "1 1 O . x 12 Months = $ 4 ©D Year x 12 Months = $ 6,00 Year x 12 Months = $ (c DO Year x 12 Months = $ 4000 Year TOTAL COST (B) $ /3500 Year If not bidding this portion, place a '0' in the total cost field. -Enter this amount on the BID FORM- Sec. 00300 (1.3A)- 14 (2 Wire - 90 zones) (110v Timer) (Battery Timers) (Battery Timers) (Battery Timers) (Battery Timers) (Battery Timers) (Battery Timers) (Battery Timers) (Battery Timers) GRAND TOTAL PER YEAR. BID CALCULATION SHEET — PART 3 UNIT COSTS The Bidder agrees with all conditions herein stated, proposes to contract, to the Base Bid sums, with the Owner the following Unit Costs, which if requested in writing, can result in additions to or deductions from the Base Bid as follows: UNIT PRICE #1 J et' Add'I Mulch Provided & Installed (shredded cypress) $ '7 • • per yard UNIT PRICE #2 (Provide and install) Labor to install 1 Gallon Plant Labor to install 3 Gallon Plant Labor to install 7 Gallon Plant Labor to install 15 Gallon Tree Labor to install 30 Gallon Tree Installation of 4" Annual UNIT PRICE #3 Irrigation Repairs and Troubleshooting beyond Contract Requirements: Labor (Main Technician) $ � 27. or per hour Labor (Helper) $ Z5. per hour Additional Material Cost to furnish part (labor not included): PGP Rotors each Pop -Up Sprinklers 4" $ 2.'. - each Pop -Up Sprinklers 6" $ 9, 75 each Pop -Up Sprinklers 12 "$ 7. 5G each Shrub Nozzles $ o . 75 each MP Rotator Nozzle $ 4.7S" each Rainbird MC 24 Sta. $ 70o. °= each Zone Valves - 1" $ 45. = each Zone Valves - 2" $ 85: each Zone Valves - 3" $ LSo. each 9V Battery $ . So each TBOS —1 Sta. $ I Z 5.e each Hunter ICC Controller $ 350.'- each UNIT PRICE #4 Labor and materials for tree pruning and removal: Labor (Cutter) $ 4 5. per hour Labor (Groundsman) $ Z5. o° per hour UNIT PRICE #5 (Materials and labor) Spraying of Round Up $ 7 eso each $ / Z.'= each $ each $ 51 •- each $ 1 SS. each $ 1. 75 each $ 0. Z i per square foot Memo Thank you very kindly, 1 To: City Clerk's Office From: Steven T. Richart, Urban Beautification Manager CC: Kevin Smith, City Manager Date: 7/15/2011 Re: TLBD Landscape Maintenance — ITB 004/11/SR Dear City Clerks: Steven T. Richart Urban Beautification Manager City of Winter Springs, FL. City of Winter Springs Please find attached three (3) originals of an agreement for the TLBD Landscape Maintenance Program ITB 004/11/SR. Eastwood Tuff Turf was approved unanimously by the City Commission on July 11, 2011 under agenda item C -201. The hiring of Eastwood for this project will result in a savings of more than $20,000 annually for the TLBD as compared to the previous contract. This package requires signature of the City Manager and City Clerk on each original agreement. Once each original has been signed and executed, please return two (2) originals to me and one (1) original should remain with the City Clerk's Office for the files. The City Attorney's office provided the most current template for this agreement on 5/31/11.