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Maki Landscaping, LLC. - Bid/Agreement for Landscape Maintenance Services -2013 04 13
BID 02272014TCPH1/SR AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT FOR LANDSCAPE MAINTENANCE 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 Maki Landscaping, LLC., authorized to conduct business in Florida ("Service Provider"), located at: 2036 Crossvine Lane, Casselberry, FL 32707. WITNESSETH: WHEREAS, City wishes to obtain landscape maintenance services for the Town Center Phase 1 for a limited time period; 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 Town Center Phase 1, 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 twelve (12) months, commencing on April 1, 2013, and terminating at midnight on March 31, 2015, 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, not to exceed a total of two percent (2%), 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. 1 2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide the 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 Maki Landscaping, LLC., 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. 2 No extension for completion of services shall be granted to Service Provider without City's prior written consent. 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service Provider a sum not to exceed Five Thousand Five Hundred Dollars ($5,500.00). 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 3 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 4 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. 5 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. 6 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: For Service Provider: Maki Landscaping, LLC. 2036 Crossvine Lane Casselberry, FL 32707 7 • For City: City of Winter Springs Urban Beautification Manager 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327-1800 x315 33.2 Either party may change the notice address by providing the other party written notice of the change. 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. 8 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 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. 9 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. SERVICE PROVIDER: VW) AiiiiK flitil.414-41) 11/14---( Name (Printed and Si ned) 01"z r ©re.)r6v: Title Date CITY: CITY OF WINTER SPRI - , FLORIDA A Florida munic'pal cor,.or. ion __J KEV L. SMI '11°' City Manage Date zr/p31ff ATTEST: t I, AND A L•') NZO-LUACES, City Clerk 15 r SECTION 00300 ZCh;g:t BID FORM S � of y,21/� GENERAL 1.1 Description The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. Bid is submitted y By: �'lAk l iM(tL ij ILLC 2634, CrojtioAe Lk CAssel. crrr, it L 3/q-61 (Insert legal name, address, and whether sole proprietorship, partnership, limited liability company or corporation.) 1.2 The Undersigned: A. Acknowledges receipt of: 1. Project Manual for Landscape Maintenance Services—TOWN CENTER PHASE 1 -dated February 2014 (02272014TCPH1/SR). 2. Drawings 3. General Notes/Details 4. Addenda: Number , dated •l� B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for up to 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. Your company must bid the complete program for landscape maintenance, irrigation and chemical applications to be considered. 1.3 Stipulated Amount A. Base Bid I will provide the services under this project for the Base Bid Amount of: Dollars ($ 5� 566 ). 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). 3 1.4 Major Equipment(Not Used) 1.5 Bid Schedule A. Proposals(Bids) must be submitted 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 a list of all subcontractors I will utilize for the Contract work. D. I have included all required licensing including my pest control license, irrigation and all applicable certifications. 1.6 Submittal RESPECTFULLY SUBMITTED, signed and sealed this n day of fAr014, 1 , 2012. Service Provider By(signature) /AI Title OG)4er/ bpi Business Address X03 Cro451it ■ Li" ,` City (_-P�Ss 414�' r State FL-- �Zip O Phone 1(OJ .Ark.k. 13 Llv ATTEST: SECRETARY DATE: AFFIX CORPORATE SEAL ** If your company is an L.L.C., please note that fact in the box. \NVA-t LL vtlA LIA, \ / r 4 • BID CALCULATION SHEET—SECTION 0300 (cont.) Bid Number 02272014TCPH1/SR TOWN CENTER PHASE 1 LANDSCAPE MAINTENANCE SERVICES I am fully aware of all conditions affecting such work/items for which bids were advertised. (Owner / Rep.) does hereby submit the following bid for completion of said work/item. Total bid price for Landscape Maintenance Services TOWN CENTER PHASE 1 per specifications is as follows: SECTION DESCRIPTION MONTHLY COST X NUMBER OF MONTHS Landscape Maintenance 1/r1thru12/30 C 1. Town Center Phase 1 $ `6' 35 x 12 = $ 5/ .J OO 2-0 LANDSCAPE MAINTENANCE TOTAL $ '6/5-oo 2-U UNIT COSTS: The Bidder agrees with all conditions herein stated, proposes to contract to the Base Bid sums, with the Owner the following Unit Material costs shall be paid on the basis of approved pricing resulting in additions to or deductions from the Base Bid as follows: PER REQUEST/ADDITIONAL ITEMS UNIT PRICE CATEGORY#1 Additional Mulch — Furnish & install (pine bark) $ per cubic foot UNIT PRICE CATEGORY#2 Irrigation Repairs and Troubleshooting Labor $ per hour UNIT PRICE CATEGORY#3 Additional Material Cost to furnish and install materials: 1 Gal. $ each 3 Gal. $ each 15 Gal. $ each Annuals $ each Sod — St. Augustine Sod (pallet) $ each 5 • SECTION 00700 GENERAL CONDITIONS 1. SCOPE The scope of work includes furnishing Landscape Maintenance Services for Town Center Phase 1, as described including all labor, equipment, tools, materials, and incidentals, and performing of all operations necessary as described in the Project Manual. 2. ENGINEERS The Owner is the Engineer on this project. 3. APPLICABLE SPECIFICATIONS AND REQUIREMENTS All work to be performed on this project shall conform to applicable specifications and requirements included (or referenced) in these Agreement Documents. 4. PERMITS, LICENSES AND REGULATIONS The Service Provider shall qualify for, procure and pay for all permits, licenses, and bonds necessary for the prosecution of the Work, and/or required by municipal, State and Federal regulations, laws and procedures, unless specifically provided otherwise in the Agreement Documents. The Owner shall provide all required easements. The Service Provider shall give all notices, pay all fees, and comply with all federal, state and municipal laws, ordinances, rules and regulations and codes bearing on the conduct of the Work. This Agreement, as to all matters not particularly referred to and defined herein, shall notwithstanding, be subject to the provisions of all pertinent ordinances, codes and normal regulatory procedures of the municipality or other political subdivision within whose limits the Work is constructed, which ordinances, codes and procedures are hereby made a part hereof with the same force and effect as if specifically set out herein. The Service Provider must obtain a City Arbor license within (30) days of execution of this agreement. The Service Provider must have a valid state or a neighboring municipality Irrigation Contractor's License or Competency Card prior to execution of the agreement. Contractor or approved sub-Contractor must have a valid state Certified Pest Control Operator's License prior to execution of the agreement. 5. PERFORMANCE AND PAYMENT BONDS (not used) 6. BID BOND (See Section 00100, paragraph 1.4 B) (not used) 7. INSURANCE AND HOLD HARMLESS INDEMNIFICATION (see SECTION 00500, Paragraph 16.0) Hold Harmless Agreement - To the fullest extent permitted by laws and regulations Service Provider shall indemnify and hold harmless Owner and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of Service Provider, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against Owner or any of their consultants, agents or employees by any employee of Service Provider, any Subcontractor, any person or organization directly or indirectly employed by any of 11 them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Service Provider or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Service Provider's Liability Insurance - The Service Provider shall not commence any work under this Agreement until he has obtained all insurance required under this paragraph. Service Provider shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from Service Provider's performance and furnishing of the Work and Service Provider's other obligations under the Agreement Documents, whether it is to be performed or furnished by Service Provider, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The insurance required by this paragraph shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to Service Provider's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Owner by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Service Provider may be correcting, removing or replacing defective work in accordance with the Agreement Documents. Service Provider's General Liability Insurance shall include the Owner, and Owner's consultants as insured or additional insured which may be accomplished by either an endorsement of Service Provider's Comprehensive General Liability policy or by Service Provider's carrier issuing a separate protection liability policy. Various types of coverage and corresponding limits are further described under Article 16.0 of the Agreement (Section 00500). 8. SALES TAX The Service Provider shall include in his bid, and shall pay, all Florida State sales tax and other local, State, and Federal taxes in accordance with existing laws and regulations. 9. LAYOUT OF WORK (not used) 10. CHANGES IN THE WORK The owner may, at any time, or from time to time, without invalidating the Agreement order alterations, deletions or revisions in the Work by written Change Order or Field Order. Upon receipt of any such order Service Provider shall promptly proceed with the Work involved which shall be performed under the applicable conditions of the Agreement Documents. Any deviations from these specifications, plans and contract documents, must be approved by the Owner in advance of the construction either by a written and executed Change Order or a written Field Order. The Service Provider agrees that he will do such work as may be required for the proper execution of the whole work herein contemplated, including all labor, equipment and materials reasonably necessary for the proper completion of the work. The Service Provider agrees that he will make no claim for extra work unless that material or work is not covered by, or properly inferable from the Agreement Documents. 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. 12 11. DEFINITION AND COORDINATION OF AGREEMENT DOCUMENTS The Advertisement for Bids, Proposal and Agreement, General Conditions, Special Conditions, and addenda, any change orders, the drawings and specifications, and any supplementary documents are essential parts of this Agreement, and together constitute the Agreement Documents. Any item shown on the drawings shall be considered as included in the specifications, whether specifically mentioned therein or not, and vice versa. Any errors or omissions as to standards or work in the drawings and specifications shall in no way relieve the Service Provider of the obligation to furnish a first-class job in accordance with the best standard practice and in accordance with the intent of the Agreement Documents. A. In case of conflict, the precedence of the Agreement Documents shall be as follows: 1. Service Provider's Bid (Proposal) and Agreement 2. Change Orders 3. Special Conditions 4. Advertisement 5. Instructions to Bidders 6. General Conditions 7. Drawings An addendum issued prior to bid, may modify any of the Agreement documents in existence at that time. The addendum takes precedence over the previous issue of the Agreement document being modified. 12. FINAL DRAWINGS (not used) 13. CONSTRUCTION SCHEDULE (not used) 14. PAYMENTS The Contractor shall give a detailed invoice and written report at the end of each month describing the work performed at each of the designated locations listed in this agreement. If any repair work, or plantings were made during the month, a detailed description of the work performed, plantings and/or repairs are to be listed with their respective locations and attached to the invoice. The City Representative prior to processing for payment will review these invoices. In case of any conflicts, an inspection of the area and work in question will be made by the City Representative and an authorized representative of the Contractor at a time agreed upon by both parties not more than five (5) working days after receipt of invoices. Once the City Representative has approved the invoices, payment will be thirty (30) days thereafter. A. Payments may be withheld if: 1. Work is found defective and not remedied; 2. Repairs or replacements have not been made for which the Contractor is responsible; 2. Contractor does not make prompt and proper payments to subcontractors; 3. Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; 4. Another Contractor is damaged by an act for which Contractor is responsible; 5. Claims or liens are filed on the job; or 6. In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily. 15. PAYMENTS WITHHELD The Owner will disburse, and shall have the right to act as agent for the Service Provider in disbursing such funds as have been withheld pursuant to Section 00700, paragraph 14, to the party or parties who are entitled to payment therefrom. The Owner will render to the Service Provider a proper accounting of all such funds disbursed in behalf of the Agreement. Neither the final payment nor any part of the retained percentage shall become due until the Service Provider, if required, shall deliver to the Owner his written one year guarantee on the work and a complete release of liens arising out of this Agreement, or receipts in full in lieu thereof, and, if required in either case, an affidavit that so far as he has knowledge or information, the releases and receipts include all the labor and material for which a lien could be filed; but the Service Provider may, if any subcontractor refuses to sign a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify 13 himself against any lien. If any lien remains unsatisfied after all payments are made, the Service Provider shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. 16. OWNER'S RIGHT TO TERMINATE THE AGREEMENT(see SECTION 00500, Paragraph 20.0) 17. GENERAL GUARANTEE (not used) 18. APPAREL All service provider personnel shall maintain a professional, neat and appropriate appearance when on job site in order to reflect the standards of the community. Marked uniforms shall be worn when working on the project. Footwear and reflective vests shall conform to the appropriate OSHA standards. ***End of Section*** 14 SECTION 01010 BID 02272014TCPH1/SR SUMMARY OF WORK SCHEDULE OF LANDSCAPE MAINTENANCE SERVICES MAINTENANCE CODE FREQUENCY 1. MOW A. WEEKLY 2. TRIM HEDGES B. BI-WEEKLY 3. WEEDEATER C. MONTHLY 4. MULCH-3" DEEP (NOV/DEC) D. SEMI-ANNUAL 5. EDGING E. AS NEEDED 6. WEEDING F. ANNUALLY 7. PRUNING G. 3-4 TIMES A YEAR 8. TRASH PICK-UP H. BI-MONTHLY 9. CHEMICAL PROGRAM (n/a) I. AS REQUESTED 10. ANNUALS J. PER PROGRAM 11. CUTTING OF NATIVE GRASSES (CUT BACK NO MORE THAN 50%-GROWING SEASON) 12. IRRIGATION MAINTENANCE 13. TRIMMING/CLIPPING OF JASMINE VINES 14. TRIMMING OF CRAPE MYRTLE TREES MAINTENANCE/FREQUENCY CODE SEASONAL VARIATION A B MONTH MONTH SECTION#AND DESCRIPTION 03/01 THRU 09/30 10/01 THRU 02/28 2. Town Center Ph1 ROW 1A,2B,3A,5B,6A,7E 1 B,2E,3B,4F,5E,6E,7E, 8A,12J 8A,12J,14F LOCATIONS AND SCOPE (See Maps at the end of this manual.) 2. TOWN CENTER PH1 (MAP#4—Shown as red lines) Rights of Way(ROW) from Tuskawilla Road north of SR 434 to Cross Seminole Trail, including the center median at Market Square and the fountain area at Magnolia Square. ROW along the entire length of Blumberg Boulevard and along Doran Drive from SR 434 to 25' past Blumberg Blvd. **The medians on Blumberg are not included in this project. **Note:Rights of Way(ROW) to be maintained are normally from (including) the roadway curb inward to the extent of public property which will usually be defined by a fence, wall, back of sidewalk, or utility boxes. It can vary in certain areas from 5'to 30'or more. If you are unsure,please ask. 1. GENERAL 1.1 Work Covered by Agreement Documents A. The work to be performed under this Agreement consists of landscape maintenance services for Town Center Phase 1. Perform all work in accordance with the Agreement Documents. Furnish all materials, equipment, tools, and labor which are reasonably and properly inferable and necessary for the proper completion of the work, whether specifically indicated in the Agreement Documents or not. B. The Contractor shall be obligated, at its expense, immediately or promptly to repair to the City's Representative's satisfaction, any damage to exterior plantings, or irrigation systems or any other property within the areas specified in this agreement. In the event the contractor has not repaired any such damage within reasonable time, as determined by the City's Representative, the City may repair such damage and deduct such cost from the next payment due to the Contractor. The 15 • Contractor shall be liable to the City for any such cost in excess of the amount deducted by the City. C. The Contractor shall be obligated to immediately notify the City Representative verbally and follow in writing within twenty-four (24) hours after the event of any damage which the Contractor discovers, or should have discovered in the exercise of reasonable care, whether or not such damage was caused by the Contractor. D. Prior to the commencement of work on this Agreement, an authorized representative of the Contractor and the Designated Representative of the City may perform a video condition survey of all exterior plantings at each of the designated areas of the City covered by this Agreement. The Contractor and the City shall jointly prepare and sign a written report of the condition survey which shall describe the condition and location of all unhealthy plants E. During the 30 day period preceding the expiration of the term of this Agreement, or, in the event of an earlier termination a 30 day period following the termination, a final condition survey may be made jointly by the City Representative and the Contractor. This survey shall establish a punch list of plantings and material that do not meet the specifications and that must be replaced prior to the final completion of the Agreement. If the plantings and materials so identified are not replaced, an appropriate amount shall be withheld from the final payment. 2. AGREEMENT 2.1 General A. This project shall be maintained under a unit price Agreement. B. The project as shown on the Drawings and described in these specifications constitutes the work to be performed under this Agreement. 3. SAFETY REQUIREMENTS 3.1 General A. Any equipment and tools used in performing the work under this Agreement shall conform to the Florida Department of Transportation-Manual of Uniform Traffic Devices. B. Equipment shall be maintained in good repair, shall be fueled on concrete surfaces only, and shall be provided with the proper noise reduction and safety devices as prescribed by the Occupational Safety and Health Administration (OSHA). C. 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. Work will be scheduled after consulting with the City's Representative. ***End of Section*** 16 SECTION 01100 TECHNICAL SPECIFICATIONS SPECIFIC TASKS Unless otherwise specified in Section 01010 -SCHEDULE OF LANDSCAPE MAINTENANCE SERVICES, the following specifications and service frequencies shall apply to work provided under this proposal. 1.0 MOWING The mowing of all grassed areas shall be no less than once every seven (7) days in the heavy growing season. Mowing shall be no less than bi-weekly, or as instructed by the City's Representative, during the dormant growing season. Dormant and growing seasons are dictated by the weather and therefore may change per the City's Representative, but otherwise shall be: Heavy Growing Season -March 1 thru September 30. Dormant Growing Season—October 1 thru February 28. All Bahia grassed areas will be mowed to a height of 3" inches on average, and all St. Augustine grassed areas will be mowed to a height of 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. 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 at during the dormant season (November/December) as per the service schedule to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches and placed, not dumped, as well as kept from around the immediate base of shrubs. Pine Bark mulch is to be used. 3.0 EDGING Edging of all walks, curbs, edging of pavements, and grass 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 bi-weekly or more as needed. 4.0 WEEDEATING Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. 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. 17 5.0 PRUNING SHRUBS AND ORNAMENTALS Pruning of plants shall be performed as needed 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, azaleas and Indian hawthorn, 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. But at no times are shrubs to display a disorderly appearance. Ornamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other week. Sago palms are to be trimmed a minimum of three times a year, or more often, as needed, depending on growth and health. 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 is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. All ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fern, etc.) are to be systematically checked and cleaned with special attention to early spring cleanup. Jasmine vine on the walls shall be trimmed back on a regular basis so as not to grow past columns, appear leggy, and present an uneven appearance. Trimming shall occur with hedge trimmers and weed eaters shall not be used for trimming jasmine vine. 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 industry standards. 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 seven (7) 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. Palms are to be trimmed regularly to ensure the absence of seed pods and dead or dying fronds dropping to the ground and not as severely as the hurricane cut; using the 9/3 rule. Ligustrum and Holly trees are to be maintained per industry standards or as specified by City's Representative. Crape myrtle trees shall be trimmed at the end of February or early March, just after the threat of freezing temperatures has passed. Branches shall be trimmed as per acceptable industry standards. 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. Work will be scheduled after consulting with the City's Representative. 18 • 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. 9.0 ANNUALS (Not included in base bid) Annuals are to be changed as needed and as determined by Owner or City's Representative for each seasonal change. 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. NOTE: Irrigation System 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 (all hours). **End of Section** 19 SECTION 01150 METHOD OF MEASUREMENT AND BASIS OF PAYMENT UNIT PRICE BID 1. GENERAL 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. 2. PAY ITEMS 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. MAP#4 *Service area extends along Tuskawilla Road going North to Cross Seminole Trailhead (East Side). 20 ® AC° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) �"'-- 02/25/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:ACT Erin Condlin Pontell Insurance and Financial Group, Inc. PHONE FAX FAX (A/C.No.Extl: (A/C,No):407-696-1380 1484 Tuskawilla Road E-MAIL Oviedo, FL 32765 ADDRESS: erin @pontellinsurance.com License#: P085436 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Mapfre Insurance Company of Florida INSURED INSURER B: Florida Citrus.Business and Industries Fund Maki Landscaping. LLC INSURERC: 2036 Crossvine Lane INSURERD: Casselberry, FL 32707 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00021829-0 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY (MM/DDIYYri) (MMEXP /D D/YYri) LIMITS A GENERAL LIABILITY 404233 02/25/2014 02/25/2015 EACH OCCURRENCE I$ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300,000 CLAIMS-MADE X I OCCUR 1 MED EXP(Any one person) 1$ 5,000 PERSONAL&ADV INJURY I$ 1,000,000 GENERAL AGGREGATE i$ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG I$ 2,000,000 X POLICY I PRO- $ JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) ALL OWNED SCHEDULED AUTOS _ AUTOS BODILY INJURY(Per accident)1$ HIRED AUTOS NON-OWNED :PROPERTY DAMAGE AUTOS (Per accident) $ UMBRELLA LIAB OCCUR ,EACH OCCURRENCE $ ! EXCESS LIAB CLAIMS-MADE 'AGGREGATE I$ DED RETENTION$ I $ 13 WORKERS COMPENSATION 54137 02/25/2014 02/25/2015 X M STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER 1 ANY PROPRIETOR/PARTNER/EXECUTIVE j E.L.EACH ACCIDENT $ _ 100,000 OFFICER/MEMBER EXCLUDED? N/A _._ ____ (Mandatory in NH) E.L.DISEASE-EA EMPLOYE$ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN EVIDENCE ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZE PRESENTATIVE l'r' ° (EMC) ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Printed by EMC on February 25,2014 at 10:59AM , s • A Form, W-9 Request for Taxpayer Give form to the Re October 2007) Identification Number and Certification requester. Do not !Department a the Treasun, send to the IRS. ,ntennal Revenue Servkce Name(an shov,(n.-,,to..' ax,,ncome t return ov ) 1 7 I . : Business name. 1,J,fferi:nt from abQve a --, 0 , „-- ..... ,---- 1 a c I cheo,approonate or.,, (,„, iDdA.,(O:.(al,SC'e prow:etc( I ( Cttrporat(on Partnership o ---- Exempt i,2 Zi•i.p i i1Li-clad ■ar..);os mpary EW,Eu the ta,.ciassat,dn(rx-dzregarded ent:ty,C,,r:orpo(ats.m.P,(:parine,st'od)or „„.. L,j ,aye, :8' 2 Adoress tn;InVoer.Streer.ana apt ,;:.,,SU:t0 r,,,.,;: Roodester's name and address(001(onal) ' . aty state,a'Si.":J.'cr.)de ' cit ( .,, 1_,q acco,;f ...:,,::>, ,,, .err ,,,p1,...:;;Cii) Ci Part 1 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid i Social security number .. backup withholding. For individuals, this is your social security numner(SSN). however. for a resident i 7:;ii i i i'''Ill i "i '4 alien, sole proprietor. Or disregarded entity, ace the Part I instruct;ons on page 3. For other entities,it is your employer identification number (EIN). If you do riot tiave a number,see How to get a TIN on page 3. or I-- Note. If the account is at inure,than one name, see tile chart on page 3 for guidelines or whose i Employer identification number number to enter. ( MalCjo-tification Under penalties of perjury, I certify that- 1 The number shown on this form is iiny correct taxpayer identificatior.nuirber(or i am .vaiting for a number to be issued to me), and 2. i am not subject to tackup withholding because,(a);on exempt Iron backup withholding,or(b) I have not been notified by the Internal Revenue Service ORS; that i am subjeut to backup withholding as a result of a failure to report all interest or diviciends, or(c)the!RS has notified me that i am no longer subject to backup withholding, and 3, i sin a U.S.citizen Or ctiicii L.I.S. person(defined below) Certification instructions. so.,(nost MSS out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have faiied to report ail interest ano oividenos 0',yoi,ir tax return For real estate transactions, item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA),and generally payments other than interest and dividends. you are riot required to sign the Certification, but you must provide your correct TiN. See tne instructions on page 4. — — — , Sign i Signature of --, , Here u.s.person II.- , .,. , , . , , Date lb. General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are. Section references are to Inc )nferno; Revenue Code unless otherwise noted. • An individual who is a U,S, citizen or U.S resident alien. • A partnership, corporation, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number(TIN) • An estate(other than a foreign estate),or to report, for example. income paid to you reai estate • A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301,7701-7), abandonment of secured property, cancel ation of ceot, or contributions you made to an IRA, Special rules for partnerships. Partnerships that conduct a trace or business In the United States are generally required to Use Form W-9 only if you are a U.S. person (inciuding a pay a withholding tax on any foreign partners'share of income resident alien), to provide your correct TIN to the person 'ram such cusiness. Further, in certain cases where a Form W-9 requesting it the redue.ster) and, wnen app)icable, to has not been received, a partnership is required to presume that 1, Certify that the TIN you are giving is correct (or'you are a partner is a foreign person, and pay the withholding tax, waiting for a number to be .ssued(, Therefore, it you are a U.S. person that is a partner in a trade or business in the United States, 2. Certify that you are not subject to backup withholding, or partnership provide Form conducting a VV-9 to the partnership to establish your U,S, 3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you ate also certifying that as a :ncon-ie. U.S. person, your allecabie share of any partnership income trorn The person who gives Form W-9 to the partnership for a U.S,trade or busines is not sub;uct to the withnoiding tax on purposes of establishing its U.S. status and avoiding withholding foreign partners' share of effectiveiy connected income. on its alIocabIe share of net Income from the partnership Note. If a requester gives you a form other than Form \,1-•-9 to conducting a trade or business in the United States is in the request your TIN, you 10(Jst iise the iequester's form if it is foilowinu eases: substantially similar to this Form `,,"-J-9 • The U.S. owner of a disregarded entity and not the entity, Cat No 10231X Form W-9 (fRev.10-2007) City of Winter Springs Memo To: City Clerk's Office From: Steven T. Richart, Urban Beautification Manager CC: Kevin Smith, City Manager Date: 3/13/2014 Re: Town Center Ph1 Landscape Maintenance Contract Dear City Clerks: Please find two (2) originals of the agreement for landscape maintenance services for Town Center Ph 1 that require signature of the City Manager. Once each original has been signed, please return one(1) original to me and one(1)original should remain with the City Clerk's Office. Background: On February 26, 2014, Kirklands Property Management provided the City with notice of cancellation for the Tuskawilla Road/Oak Forest Wall/Town Center Ph 1 Landscape Maintenance Agreement due to financial difficulties with the company. From my understanding, Kirklands will be shut down. Staff is separating the Town Center Phase 1 Landscape Maintenance from the Tuskawilla Road contract and bid the project accordingly. Bids were requested and received as follows: 1. Dawnalee Corp. -$6,330 2. Annan Landscaping-$6,600 3. Maki Landscaping-$5,500 Funding for the agreement (FY 2013/14) with Maki is available from the balance of the previous contract with Kirkland in 1525-54644-60003 Town Center R&M Line Code. Thank you very kindly, 541/0. T. g.zex 1