HomeMy WebLinkAbout2014 02 24 Consent 302 SR 434 Landscape Maintenance Agreement COMMISSION AGENDA
Informational
Consent X
ITEM 302 public Hearings
g
Regular
February 24, 2014 KL RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department, Urban Beautification Services Division, is
requesting that the City Commission approve a landscape maintenance services
agreement(ITB 004/13/SR) for State Road 434 in the amount of $113,640 with Dawnalee
Corporation.
SYNOPSIS:
On July 11, 2013, three responses for Public Bid (ITB 004/13/SR) were received for
landscape maintenance services for the State Road 434 Rights of Way, Medians and Ponds,
after Dora Landscaping was terminated for non-performance. On August 12, 2013, under
Commission Agenda Item 206, the City Commission approved staff s recommendation to
contract with Eastwood Tuff Turf in the amount of $87,610 for (ITB 004/13/SR). On
September 16, 2013, work commenced under the new agreement with Eastwood until
January 31, 2014, when the agreement was terminated by the city due to prolonged
substandard performance.
Of the bids received on July 11, 2013, Dawnalee Corporation (a City of Winter Springs
business) was ranked #2 based on price and #1 based on quality, references and past
experience. Notwithstanding increased costs of doing business, Dawnalee has affirmed their
original price of $113,640 for one (1) year of service. In the interim, a thirty (30) day
agreement with Dawnalee has been authorized by the City Manager to care for SR 434 until
the City Commission is able to act on this matter.
Staff is requesting authorization for the City Manager to execute an agreement with
Dawnalee Corporation in the amount of $113,640 for SR 434 Landscape Maintenance
Services, effective immediately. The agreement would initially be for one (1) year with the
Consent 302 PAGE 1 OF 3- February 24,2014
option to extend the agreement up to five (5) additional one (1)year periods, if the work
provided meets or exceeds the standards required by the City.
CONSIDERATIONS:
The service area for this project includes all State Road 434 Medians from US 17-92 to
approximately 500' east of the SR 417 Greene-Way Interchange, various rights of way from
Talmo Street to State Road 417, four (4) Florida Department of Transportation (FDOT)
ponds and the small median located adjacent to State Road 434 at Vistawilla Drive. The
scope of work includes mowing, weeding, edging, shrub trimming, pruning, mulching, litter
removal, and irrigation maintenance.
The City of Winter Springs has an agreement with the Florida Department of Transportation
(FDOT MOA-APS70-R1 - FM#244880-1-78-01) for specific maintenance activities on
State Road 434, including landscape maintenance, tree trimming, litter removal and
sidewalk repairs. FDOT provides reimbursement to the city in the amount of $62,000
annually for performance under the MOA. The cost delta above the FDOT maintenance
reimbursement is paid from the General and Arbor Funds.
FISCAL IMPACT:
Funding for services provided pursuant to this agreement is available in the current budget
and expended from Urban Beautification Services Line Code (1525-54682) in the amount
of$113,640 (base contract cost) over a twelve month period, beginning on March 10, 2014,
after expiration of the one (1) month interim agreement for services. An additional $15,000
is required for the agreement with Dawnalee in FY 2013/14, however, no increase in
budget is necessary due to strategic cost containment measures implemented by staff as part
of the competitive bidding process with other agreements.
The initial term of this agreement is for one (1) year with the option to extend for five (5)
one-year periods. The service provider may, at the City's option, be entitled to an increase in
an amount not to exceed one-half(1/2) the change in the Consumer Price Index (CPI), not
exceeding two percent (2%) of the total base contract cost, of the most recent twelve (12)
month period.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, 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 applicable 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. This
information has also 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. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
Consent 302 PAGE 2 OF 3- February 24,2014
The original Invitation to Bid (ITB)was published in the legal section of the Orlando
Sentinel on May 6, 2013. Bids were available to the public for download through the City's
Website Bid System or for pick up at City Hall. Bids were opened in a public meeting on
7/11/13 at 3 pm in the Commission Chambers. The bid tabulation is included as an
attachment to this agenda item.
RECOMMENDATION:
Staff is recommending that the City Commission approve a landscape maintenance services
agreement for State Road 434 (ITB 004/13/SR)with Dawnalee Corporation in the amount
of $113,640; authorizing the City Manager and City Attorney to prepare and execute any
and all applicable documents required for this project.
ATTACHMENTS:
A) SR 434 Landscape Maintenance Agreement with Dawnalee Corporation
Exhibit'A' Scope of Work
Exhibit'B' Bid Calculation Sheet(ITB 004/13/SR) - July 11, 2013
Exhibit'C' Bid Tabulation (ITB 004/13/SR) - July 11, 2013
B) Service Area Map
Consent 302 PAGE 3 OF 3- February 24,2014
Attachment 'A'
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (Section 00500)
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 Dawnalee Corporation, authorized to conduct business in Florida
("Service Provider"),located at: 216 Stoner Road,Winter Springs,FL 32708
WITNESSETH:
WHEREAS, City wishes to obtain landscape maintenance services for the State Road 434 Rights of Way,
Medians,Easements and Ponds Landscape Maintenance(ITB 004/13/SR)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 State Road 434
Rights of Way,Medians,Easements and Ponds Landscape Maintenance (ITB 004/13/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 twelve (12) months, commencing on March 10,2014,and terminating
at midnight on March 9,2015,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), not to exceed two percent(2%)of the base contract cost,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, if such an increase is granted in
writing by the City.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
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 Dawnalee Corporation, 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.
C. "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 written
consent.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
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 One Hundred Thirteen Thousand Sig Hundred and Fortv Dollars(5113,640.00) as
detailed in Exhibit B' (Bid Calculation Sheet). 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.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
11.0 WARRANTY OF PROFESSIONAL SERVICES
The Service Provider (for itself and any of its employees, Service Providers, partners, and agents used to
perform the Services) hereby warrants unto the City that all of its employees (and those of any of its Service Providers,
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 Service Provider and not an agent of the City. The Service Provider, its Service Providers,
partners, agents, and their employees are independent Service Providers and not employees of the City. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an independent Service Provider,between the
City, on one hand, and the Service Provider, its Service Providers, 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, Service Providers,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
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
requirement of any of its subService Providers. Service Provider shall indemnify and save the City harmless for any damage
resulting to them for failure of either Service Provider or any subService Provider 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 subService Provider 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
"VIP" 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 Service Provider'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 subService Providers, 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 Service Providers 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 subService
Provider as if no subcontract had been made.
19.3 If City determines that any subService Provider is not performing in accordance with this Agreement, City
shall so notify Service Provider who shall take immediate steps to remedy the situation.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any
Work by the subService Provider, Service Provider shall require the subService Provider 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 tenninated.
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.
21.0 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.
22.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this
Agreement.
23.0 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.
24.0 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.
25.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and
Service Provider.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
26.0 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:
Dawnalee Corporation
216 Stoner Road
Winter Springs,FL 32708
Phone: (407)696-7343
For Ci :
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.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
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 tennination 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 hannless 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
Service Providers,and consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from
Service Provider's and its employees, partners, Service Providers, and agents on the
performance of the Services being performed under this Agreement;
d. Service Provider's, and its employees, partners, Service Providers, 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, Service Providers, and
agents performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider and its employees,
partners, Service Providers,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.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
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 SERVICE PROVIDER
The Service Provider agrees that it is an independent Service Provider 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.
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.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
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:
Name(Printed and Signed)
Title
Date
CITY:
CITY OF WINTER SPRINGS,FLORIDA
A Florida municipal corporation
KEVIN L. SMITH
City Manager
Date
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
Exhibit 'A'
SECTION 00700
GENERAL CONDITIONS
1. SCOPE
The scope of work includes furnishing landscape maintenance services for State Road 434 Rights of Way, Medians,
Easements and Ponds Landscape Maintenance, including all labor, equipment, tools, materials, and incidentals, and
performing of all operations necessary as described in the Project Manual and attachments.
2. ENGINEERS (not used)
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 Contract Documents.
4. PERMITS AND REGULATIONS
The Service Provider shall 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 Contract 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 Contract, 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.
5. PERFORMANCE AND PAYMENT BONDS(not used)
6. BID BOND (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 SubService
Provider, 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 SubService Provider,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,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 SubService Provider 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 Contract 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
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
furnishing of the Work and Service Provider's other obligations under the Contract Documents, whether it is to be
performed or furnished by Service Provider,by any SubService Provider,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 Contract 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 Contract
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 Contract 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.
11. DEFINITION AND COORDINATION OF CONTRACT 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 contract, and
together constitute the Contract 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 Contract Documents.
A. In case of conflict,the precedence of the Contract Documents shall be as follows:
1. Service Provider's Bid(Proposal)and Agreement
2. Change Orders
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
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 contract documents in existence at that time. The
addendum takes precedence over the previous issue of the contract document being modified.
12. FINAL DRAWINGS(not used)
13. CONSTRUCTION SCHEDULE(not used)
14. PAYMENTS
The Service Provider 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 Service Provider 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 Service Provider is responsible;
2. Service Provider does not make prompt and proper payments to sub Service Providers;
3. Service Provider does not make prompts and proper payments for labor,materials,or equipment furnished him;
4. Another Service Provider is damaged by an act for which Service Provider is responsible;
5. Claims or liens are filed on the job;or
6. In the opinion of the City of Winter Springs, Service Provider'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 Contract.
16. OWNER'S RIGHT TO TERMINATE THE CONTRACT(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 shall
conform to the appropriate OSHA standards.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
SECTION 01010
SUMMARY OF WORK
1. GENERAL
1.1 Work Covered by Contract Documents
A. The work to be performed under this Contract consists of landscape maintenance services for State Road
434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance. Perform all work in
accordance with the Contract 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 Contract Documents or not.
B. During the contract period, or part thereof, the service provider shall coordinate its work with the City's
Representative. The service provider shall provide chemical application services and irrigation
maintenance services as prescribed in the project manual. Payment for these services shall be in
accordance with the unit prices established herein.
C. The Service Provider 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 Service Provider 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 Service Provider. The Service Provider
shall be liable to the City for any such cost in excess of the amount deducted by the City.
D. The Service Provider 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 Service Provider
discovers, or should have discovered in the exercise of reasonable care, whether or not such damage was
caused by the Service Provider.
E. Prior to the commencement of work on this contract, an authorized representative of the Service Provider
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 Service Provider 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
F. 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 Service Provider. 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 contract. If the plantings and materials so identified are not replaced, an appropriate amount shall be
withheld from the final payment.
2. CONTRACT
2.1 General
A. This project shall be a unit price contract.
B. The project as shown on the Attachments and described in these specifications constitutes the work to be
performed under this contract.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
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. Service Provider shall have and follow at all times an approved Florida Department of Transportation
(FDOT) Maintenance of Traffic (MOT) Plan while working on and along State Road 434. Failure to
follow the approved MOT Plan,including,but not limited to: (1)the posting of men working signs,and(2)
all workmen wearing DOT Certified reflective vests in the work zone, during work activities, could result
in a warning for the first offence,followed by a notice of cancellation for any subsequent violation.
**END OF PAGE**
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
Exhibit 'A' Continued
SECTION 0101
SCOPE OF WORK
(All specifications are as follows unless otherwise specified in Section 01100—Technical Specifications)
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 D. SEMI-ANNUAL
5. EDGING E.AS NEEDED
6. WEEDING F. ANNUALLY
7. PRUNING G. 3 TIMES A YEAR
8. TRASH PICK-UP H.BI-MONTHLY
9. CHEMICAL PROGRAM L AS REQUESTED
10. ANNUALS J.PER PROGRAM
11. CUTTING NATIVE GRASSES (CUTBACKNOMORE THAN 5oy,)
12.IRRIGATION MAINTENANCE(SEE NOTES INEACHLOCATTONISCOPE)
Note: Rights-of-way are to be maintained a minimum of 5'feet behind sidewalks,plant beds and fences(furthest from
curb line),unless otherwise noted. There are areas where additional mowing beyond 5' behind sidewalks is required.
Please visit each site to verify and ask questions as necessary when calculating your bid.
MAINTENANCE/FREQUENCY CODE SEASONAL VARIATION
A B
MONTH MONTH
ITEM#&DESCRIPTION 03/01 THRU 09/30 10/01 THRU 02/28
1. SR 434 MEDIANS (SR 419 to SR 417) IA,2A,3A,5B,7E,8A, 1B,2E,3B,4F,5E,8A,6B
6A,9J,11F,12J 9J,7E,12J
2. SR 434 RIGHTS OF WAY IA,2B,3A,5A,6A,8A, 1B,2E,3B,4F,5E,6E,
7E,9J,12J 8A,7E,9J,12J
3. FDOT PONDS 1B,2B,3B,5B,8B,12J IE,2E,3E,4F,5E,8B,
I IF,6E,7E I IE,6E,7E,12J
4. VISTAWILLA DRIVE MEDIAN IA,2B,3A,5B,6A,7E, 1B,2E,3B,4F,5C,6E,7E,
8A,12C 8A,12C
LOCATIONS AND SCOPE
1. MEDIANS(SR 434)
From intersection at SR 17-92 to SR 417 overpass(including median just East of SR 417 overpass). SR 434 Village
Walk (17-92 to SR 419) has irrigation to be maintained. Timers are located at the intersections of Moss Road and
Belle Avenue at SR434. Medians between Central Winds Blvd and Tuskawilla Road have irrigation to be
maintained. Battery operated timers are in the medians. All irrigation on SR 434 in the medians and ROW is
supplied with reclaimed water.Mulching and Fertilization to be performed for all plant bed areas.
2. RIGHTS of WAY(SR 434)
Both sides of roadway on SR 434 from Talmo St. to SR 417 (to roadway sign East of overpass on South side
R.O.W.) Service area is from curb to minimum of 5' behind sidewalks and planter bed areas (where applicable and
wider as necessary in some areas). To include gazebo areas located at Moss Road and Winter Springs Elementary(SR
434 frontage). SR 434 Village Walk(17-92 to SR 419) has irrigation to be maintained. Timers are located at the
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
intersections of Moss Road and Belle Avenue at SR434.Mulching and Fertilization to be performed for all plant bed
areas.
3. FDOT PONDS (SR 434)
Pond 1 -at intersection of Consolidated Services Rd. (Sem. Cty.Bus Barn)and SR 434.
Pond 2 -between Stone Gable Subdivision and Winding Hollow Subdivision. Irrigation is to be maintained along
front fence—TBOS Timer(2 zones).
Pond 3 -adjacent to Post Office(Includes pond in front and back). Irrigation has to be maintained along front
fence—TBOS Timer(1 zone).
Pond 4 -North side of SR 434 West of Tuscora Blvd.
Mulching and Fertilization to be performed for all plant bed areas(Ponds 2,3)
4. VISTAWILLA DRIVE MEDIAN
Median located on Vistawilla Drive adjacent to SR 434. There is St. Augustine turf and lush landscaping to be
maintained. The reclaimed water irrigation system (battery timer) is to be monitored monthly, at minimum. Trash
pickup is a focus at this location as it is at a stop light near a convenience store. Mulching to be performed for all
plant bed areas.
**End of section,continue to technical specifications**
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
SECTION 01100
TECHNICAL SPECIFICATIONS
SPECIFIC TASKS
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 heavy 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 Sept 30.
Dormant Growing Season—Oct 1 thru Feb 28.
All turf areas will be mowed to the following heights: St. Augustine to a height of 4 inches on average and
Bahia to a height of 3 inches on average, depending upon established grass needs,by finish mower or turf mower.
No bahia seed pods shall remain immediately after each mowing. 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,trash,bottles,wood, cans and all other debris
(as well as misplaced dirt or sand)must be removed from areas immediately bordering site 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 Service
Provider. In case of fungal disease outbreaks, all clippings will be collected and properly disposed of until disease
is undetectable.
2.0 MULCHING
Mulching to be performed during the winter months (by no later than December 15) in order to keep
planted areas neat and freshly maintained. Mulch depth shall be a total of three(3)inches, and placed, not dumped,
as well as kept from around the immediate base of plants and shrubs. Pine bark or recycled tree mulch can be used
unless otherwise instructed by the City's Representative.
3.0 EDGING
Edging of all walks, curbs, edging of pavements, hardscapes, 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 LINE TRIMMING
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,guard
rails, fences, and trees) will be done through chemical control within a limit of six inches (6") maximum or
mechanical trimmer so as not to inflict damage of any kind to structure, equipment or tree. Line trimming or
mechanical trimming of ponds shall be done to the water's edge.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
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 plants and ornamentals that produce any dead members (i.e., coontie, sage, aztec grasses, holly fern,
etc.) are to be systematically checked and cleaned with special attention to early spring cleanup. At no time shall
grasses be trimmed of more than 50%of their foliage and should be trimmed during the March/April time frame.
6.0 PLANT REPLACEMENT
The Service Provider 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, except Crape myrtles, 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 maximum of ten (10) 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 and trimmed a minimum of once every third week, or as specified by City's
Representative. In Rights-of-Way areas along sidewalks and roadways, vines and small limbs may grow out and
disrupt pedestrian or vehicular traffic, such obstacles are to be removed as needed during the service schedule by
way of pruning shears or a hand saw.
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.
8.0 WEEDING
Weeding of all plant bed areas is to be as often as necessary to conform with the shrub trimming schedule,
and to control weed population and maintain healthy plants. Remove weeds,vines and"voluntary" seedlings from
planting beds as needed. 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, hardscapes, drains, curb
lines,or other paved areas shall be chemically controlled or removed by hand.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
9.0 ANNUALS (As Requested—Separate Cost)
Annuals are to be changed as requested. A quantity of (as directed) annuals of 4" full bloom is to be
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.
10.0 IRRIGATION
Complete irrigation inspections shall be performed one (1) time per month at minimum. Details of the
inspection shall be recorded on a log sheet(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 pattern and unclogging any heads.
2. Repairing broken heads and lateral lines,as necessary.
3. Checking 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. Test rain sensor(s)for proper operation and replace as necessary.
5. Checking all zone valves for proper open and closure,making sure to inspect for leaking from the mainline.
6. Checking water source for leaking and visual inspection of backflow device,if present.
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 `ride through' 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$500.00 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$500,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.
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 Service
Provider to meet industry standards. All damaged irrigation heads shall be turned in each month along with the
monthly billing in order to qualify for payment.
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(Exhibit B'). Material costs shall
be paid on the basis of approved wholesale documented cost plus 15%for overhead and profit.
Service Provider 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,or after hours
at(407) 327-2669.
11. CHEMICAL PROGRAM
1.1 FERTILIZATION-TREES AND SHRUBS
The fertilization of shrubs (and trees less than 4" caliper) shall be done in accordance with
suggested methods of the Cooperative Extension Service. Two (2) granular applications of shall be applied
during the contract period during the months of March and August.
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
1.3 PLANT REPLACEMENT
The Service Provider shall be responsible for replacing any plant materials that die or become
damaged to the point that the plant grade drops below Florida Number 1 as a result of neglect or damage by the
Fertilization Program operation. Replacement material shall be identical to plant species,quality, and specifications
of the materials at the time the loss occurs.
1. TREATMENT
Timely and prompt applications are required for a successful fertilization program. Service Provider shall
promptly notify the City if any insect infestations and/or diseases are noticed on the jobsite.
2.3 DAMAGE/REPLACEMENT
Damage to materials and any required replacements are to be addressed no later than thirty (30) days from
the date of detection.
2.4 PROJECT PROGRAM
The ornamental program will consist of granular fertilization with micronutrients and iron, which shall be
used consisting of a specially blended slow release fertilizer for timely feedings of plants. Liquid tree injections
may be done on an as needed basis.
The Service Provider must arrange the ornamental applications so that he/she will be on the property two
(2) times per year for the specific purposes of granular fertilization. Prior to treatment, a detailed product
formulation shall be submitted to the Owner/Representative for analysis and discussion.
**END OF SECTION**
State Road 434 Rights of Way,Medians, Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
Exhibit 'B'
BID CALCULATION SHEET
Bid No. ITB 004/13/SR
LANDSCAPE MAINTENANCE SERVICES
STATE ROAD 434 RIGHTS OF WAY,MEDIANS,EASEMENTS AND PONDS
We are fully aware of all conditions affecting such work/items, for which bids were advertised to be
returned by _ Dawnalee Corporation does hereby submit the following bid
for completion of said work/item.
Total bid price for LANDSCAPE MAINTENANCE SERVICES FOR STATE ROAD 434 RIGHTS
OF WAY, MEDIANS, EASEMENTS AND PONDS per specifications is as follows:
ITEM#&DESCRIPTION
MONTHLY COST X NUMBER OF MONTHS
1. MEDIANS $ 2860. x 12=$ 34320.00
2. RIGHTS OF WAY $ 4500. x 12=$ 54000.00
3. PONDS $ 600. x 12=$ 7200.00
4. VISTAWILLA MEDIANS 125. x 12 =$ 1500.00
(A) LANDSCAPE MAINTENANCE TOTAL $ 97020.00 /YR.
**Note: Do not include the mulching costs in this total.
1. MEDIANS $ 180. x 12=$ 2160.00
2. RIGHTS OF WAY $ 180. x 12=$ 2160.00
3. PONDS $ 40. x 12=$ 480.00
4. VISTAWILLA MEDIAN $ 25' x 12=$ 300.00
(B) IRRIGATION MAINTENANCE TOTAL $ 5100.00 /YR.
1. MEDIANS $ 3-5- x 12=$ 480.00
2. RIGHTS OF WAY $ 20. x 12=$ 240.00
3. VISTAWILLA MEDIAN $ 25. x 12=$ 300.00
(C) CHEMICAL APPLICATIONS TOTAL $ 1020.00 /YR.
(D) MULCHING (350 CUBIC YARDS) $ 10500.00 PINE BARK PROVIDED/INSTALLED
**Note: The entire amount will be invoiced upon completion no later than December 15.
GRAND TOTAL (A+B+C+D) $ 113640.00 AYR
State Road 434 Rights of way,Medians,Easements and Ponds Landscape Maintenance (ITB/004/13/SR)
i
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 which shall be paid on the basis of documented wholesale price plus
15%for overhead and profit, resulting in additions to or deductions from the Base Bid as follows:
UNIT PRICE#I
Additional Mulch-Provide&Install(pine bark) $ 45.00 per cubic yard
UNIT PRICE#2
Irrigation Repairs and Troubleshooting beyond Contract Requirements:
UNIT PRICE#3 Labor $ 45.00 per hour
Additional Material Cost to furnish and install:
Rotors (Hunter PGP) $ 13.00 each
Pop-Up Sprinklers $-�- —each
Shrub Spray Heads $ 2.75 each
Valves-3/4" $ 22.15 each
Valves- I" $ 28.70 each
Valves- 1-1/2" $__6B_-U9 —each
Valves-2" $ 92.00 each
TBOS (2 Sta.) $—245-.-II0 —each
UNIT Price#4
Additional Material Cost to furnish and install plant material:
1 Gal. $ 5.50 each
3 Gal. $ 11 .00 each
15 Gal. $W'Il qU0 -eeach
Annuals $ 1 .65 each
UNIT PRICE#5
Labor and Materials Cost to prune all median $13000.00 per service
Crape myrtle trees(SR 434,SR 419 to SR 417). ($13000.00)
END OF SECTION
State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance J- 1ee-e(ITB//004/13/SR)
titiL, t
Exhibit 'C' - Bid Tabulation 7/11/13
BID TABULATION
CITY OF WINTER SPRINGS, FL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-1800
ITB NUMBER: ITB-004/13/SR
PROJECT NAME: SR 434 LANDSCAPE MAINTENANCE
Opened: 3:00 P.M.
Closed: 3:10 P.M.
Date: 7/11/13
Called By: Steven Richart, Community Development, Urban Beautification Manager
Witnessed By: Kerwin Maynor, Office Support Supervisor
Company Name: Eastwood Tuff of Central Florida
Address: 1615 Oklahoma Street,Oviedo, FL 32765
Base Bid: $ 87,610
Company Name: Dawnalee Corporation
Address: 216 Stoner Road,Winter Springs, FL 32708
Base Bid: $ 113,640
Company Name: Groundtek
Address: 858 Maguire Road, Ocoee, FL 34761
Base Bid: $ 124,646
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