HomeMy WebLinkAbout2018 09 24 Consent 300 Ponds Maintenance ContractCOMMISSION AGENDA
ITEM 300
Informational
Bid Amount for Annual Pond
Maintenance Services
Consent
X
Public Hearings
$42,441.80
Regular
$44,148.00
September 24, 2018 KS BF
Regular Meeting City Manager Department
REQUEST:
The Community Development Department requests the City Commission authorize entering
into an agreement with Sorko Services in the amount of $36,516.00 plus a 10% contingency
for aquatic weed control and maintenance services of City -maintained ponds.
SYNOPSIS:
The City's annual contract for aquatic weed control and maintenance at 95 City -maintained
ponds was advertised for bidding in August 2018. Based on Staffs review of the seven bids
received, Staff is recommending awarding the annual contract to Sorko Services, at
a contract amount of $36,516.
CONSIDERATIONS:
The City's annual contract for aquatic weed control and pond maintenance services
was advertised for bidding in the Orlando Sentinel on August 12, 2018. The bidding
period for ITB 005/18BS was closed on September 10, 2018 and the seven bids
received were as follows:
Contractor
Bid Amount for Annual Pond
Maintenance Services
Sorko Services
$36,516.00
Solitude Lake Management
$42,441.80
The Lake Doctors
$44,148.00
nvira uatic
$59,117.00
eAngelo Brothers (Aquagenix)
$68,171.96
Clarke
$72,850.00
Aquatic Weed Control
$97,900.00
Consent 300 PAGE 1 OF 3 - September 24, 2018
Staff's bid evaluation determined that the low bidder, Sorko Services., has
sufficient ability and resources to provide the requested services.
The contract is for the annual maintenance of 95 stormwater lakes & ponds and 3
canals located throughout the City. Most ponds and lakes are serviced on a monthly
basis and some are serviced twice monthly. The services under the contract include
the following activities:
A. Algae and aquatic weed control in open water areas only.
B. Shoreline grass control to the waters' edge in non -vegetated areas only.
C. Vegetation in the bottom of dry ponds shall be limited in height to 12".
D. Littoral shelf maintenance -wicking for the control of cattail and primrose
willow.
E. Water chemistry testing, as needed by the contractor for the success of the
control program. Routine testing of the oxygen level of the lakes and ponds as
needed.
F. Bacteria testing, as needed by the contractor for the success of the control
program.
G. Triploid grass carp stocking (to control "Hydrilla" and slender "Spikerush")
based on a unit cost provided on the Bid Schedule. Fish barriers are not part of
this scope. The installation of fish barriers will be negotiated on a case by case
basis.
H. Removal of all trash and other nonorganic materials (bottles, cans, litter, etc.)
that are floating in the pond or at the water line will be conducted as part of
each inspection. Management reporting will be used to verify trash removal
activities. Trash to be removed is limited to trash which can physically enter
the pond via the storm sewer system. The total amount/volume of trash
collected must be reported with the monthly report.
I. Overflow structures shall be cleared of weeds and debris at each inspection.
The total amount/volume of weed and debris collected must be reported (added
to item H) with the monthly report.
J. Heavy physical removal of organic materials is not part of this contract and will
be negotiated separately.
K. Management reporting will require the use of daily forms by the contractor and
monthly provided by the City and will be used as a basis for Invoice approval
and contract performance inspection. Any activity conducted as part of the
contract will have to be submitted within 72 hrs of the activity taking place.
The report(s) shall include the types of weeds treated, the chemicals and the
equipment used for the treatment. A separate report of chemicals applied to
ponds 28-32 shall be submitted once a month.
L. Pond #111A (Lake Jesup Shoreline at Reclaimed Water Plant) will be sprayed
for the maintenance of invasive weeds.
M. In the event of a `fish kill', upon notification of the fish kill the contractor shall
immediately mobilize the resources necessary to perform the removal and
proper disposal of the dead fish, and all related clean up of the pond.
. The contract period is for 12 months, starting in October 2018, with an option for the
City to extend the contract for up to four additional one-year terms, contingent upon
satisfactory job performance. In the event this contract is extended, the contract price
Consent 300 PAGE 2 OF 3 - September 24, 2018
may be increased to allow for consumer price increases based on Bureau of Labor and
Statistics - Consumer Price Index not to exceed two percent.
FISCAL IMPACT:
The contract amount is $36,516.00 plus a 10% contingency, for a total authorization of
$40,167.60, funded by the Stormwater Utility Fund.
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.
RECOMMENDATION:
Staff recommends the City Commission authorize entering into an agreement with Sorko
Services in the amount of $36,516.00 plus a 10% contingency for aquatic weed control and
maintenance services of City -maintained ponds, funded by the Stormwater Utility Fund,
and authorize the City Manager and City Attorney to prepare and execute any and all
applicable documents.
ATTACHMENTS:
1. Exhibit A - Orlando Sentinel Legal Advertisement (1 page)
2. Exhibit B - Invitation to Bid (27 pages)
Consent 300 PAGE 3 OF 3 - September 24, 2018
CITY OF lExhibif—All
WINTER SPRINGS
INVITATION TO BID
Bid Proposals are hereby solicited by the
City of Winter Springs for:
"AQUATIC WEED CONTROL AND
MAINTENANCE OF PONDS"
BID NO. ITB 005/18/BS
Sealed BIDS are due by 2:00 PM on
September 10, 2018
Winter Springs City Hall
1126 East State Road 434
Winter Springs, Florida 32708
The Bidding Documents may be
downloaded in PDF format from the City
website at the following link:
http://www.winterspringsfi.org/EN/web/
gov/bids purchasing.htm
This maintenance contract includes
the management of various ponds
and ditches located within the City of
Winter Springs. Each site will require
a minimum of 12 inspections per year,
with various treatment techniques,
testing, trash and debris removal,
fish stocking, vegetation and littoral
shelf maintenance, control structure
maintenance, and monthly reporting.
For questions, contact Bryant Smith,
P.E. at 407-327-8979 or
bsmith@winterspringsfl.org.
Exhibit B
Incorporated
1959 j
CITY OF WINTER SPRINGS
FLORIDA
INVITATION TO BID
ITB# 005/18/BS
"AQUATIC WEED CONTROL AND MAINTENANCE OF PONDS"
Notice to Bidder: Sealed Bids for the City of Winter Springs' "Aquatic Weed Control and
Maintenance of Ponds" are due at the City of Winter Springs, City Hall, 1126 East S. R. 434,
Winter Springs, Florida 32708, by 2:00 PM on Monday, September 10, 2018. After review by
City Staff, a bid tabulation and recommendation of contract award will be presented to the City
Commission at a subsequent City Commission meeting.
How to submit a Bid: Bidder shall complete and submit one bid package consisting of all pages
included in this bidding package and shall complete and/ or fill-in all forms and requested
information. All Bids shall be submitted in sealed envelopes and mailed or hand delivered to
the City of Winter Springs, Attention: Bryant Smith, P,E., 1126 East S. R., 434, Winter Springs, FL
32708, and plainly marked on the outside of the envelope, the Bid number (ITB#005/18/BS),
and project name "Aquatic Weed Control and Maintenance of Ponds." It will be the sole
responsibility of the proposer to ensure that the proposal reaches City Hall on or before closing
hour and date shown on the enclosed proposal.
Important Information:
1. If you have any questions about this bid, please submit your questions by e-mail to
Bryant Smith, P.E. at bsmith@winterspringsfl.org.
2. Given the nature of the services to be provided, the City desires that the service
provider have an office or established service location within a 25 -mile radius of the City
of Winter Springs. Bids from bidders outside of a 25 -mile radius of the City will not be
accepted.
BID NO. ITB# 005/18/BS
CITY OF WINTER SPRINGS
INDEX TO BIDDING DOCUMENTS
Contents
1.
Submission And Receipt Of Bids: .......................................................................................................................... 3
2.
Warranties For Usage: ..........................................................................................................................................
3
3.
Prices To Be Firm: .................................................................................................................................................
3
4.
Delivery Point: ......................................................................................................................................................
3
5.
Payment Terms: ....................................................................................................................................................
3
6.
Brand Names: .......................................................................................................................................................
4
7.
Samples And Demonstration: ...............................................................................................................................
4
8.
Quality: .................................................................................................................................................................
4
9.
Signature Required: ..............................................................................................................................................
4
10.
Acceptance Of Material: .......................................................................................................................................
4
11.
Variations To The Specifications: ..........................................................................................................................
5
12.
Delivery: ................................................................................................................................................................
5
13.
Default Provision: .................................................................................................................................................
5
14.
Pricing: ..................................................................................................................................................................
5
15.
Copyrights And/Or Patent Rights: ........................................................................................................................
5
16.
Safety Standards: ..................................................................................................................................................
5
17.
Taxes: ....................................................................................................................................................................
5
18.
Manufacturer's Certification: ...............................................................................................................................
6
19.
Signed Bid Considered An Offer: ..........................................................................................................................
6
20.
Liability, Insurance, Licenses And Permits: ...........................................................................................................
6
21.
Reservations For Rejection And Award: ...............................................................................................................
6
22.
Award: ..................................................................................................................................................................
6
23.
Specifications: .......................................................................................................................................................
6
24.
Bid Attachments: ..................................................................................................................................................
7
Statement Found In Florida Statutes 287.133...............................................................................................................8
BidForm........................................................................................................................................................................9
ScopeOf Work.............................................................................................................................................................15
AgreementForm..........................................................................................................................................................18
Page 2 of 27
BID NO. ITB# 005/18/BS
1. SUBMISSION AND RECEIPT OF BIDS:
A. Bids to receive consideration must be received on or prior to the specified time
and date of opening, as designated in the bidding documents.
B. Bidders must use the enclosed bidding documents furnished by the City. Failure
to do so may be cause for rejection of the Bid. Removal of any part of the Bid
forms may invalidate the Bid.
C. Bids having any erase or corrections must be initialed by the bidder in ink. Bids
shall be signed in ink; all forms shall be typewritten or printed with pen and ink.
2. WARRANTIES FOR USAGE:
A. Whenever a Bid is sought, seeking a source of supply for a specified period of
time for materials or services, the quantities or usage shown are estimated
ONLY. No guarantee or warranty is given or implied by the City as to the total
amount that may or may not be purchased from any resulting contract(s). These
quantities are for proposer's information only and will be used for tabulation and
presentation of the Bid, and the City reserves the right to increase or decrease
quantities as required.
3. PRICES TO BE FIRM:
A. Bidder warrants by virtue of bidding that prices, terms and conditions quoted in
the Bid will remain firm for acceptance by the City for a period of 60 days from
the date of Bid opening, unless otherwise stated by the City.
4. DELIVERY POINT:
A. All items shall be delivered at a specific City of Winter Springs address, as
determined by the City, and delivery cost (if any) will be included in the Bid price.
Failure to do so may be cause for rejection of the Bid.
5. PAYMENT TERMS:
A. Payments will be made only after receipt and acceptance of materials/services.
Net 30 days.
Page 3 of 27
BID NO. ITB# 005/18/BS
6. BRAND NAMES:
A. If and whenever in the specifications a brand name, make, or product of any
manufacturer, trade name, or vendor catalog number is mentioned, it is for the
purpose of establishing a grade or quality of materials, ONLY. Since the City
does not wish to exclude other competition and equal brands or makes, the
phrase "OR APPROVED EQUAL" is added. For products other than that specified
in Bid, it is the vendor's responsibility to name such a product within the Bid and
to prove to the City that said product is equal to that specified and to submit
brochures, samples, and/or specifications in detail on item(s) Bid. The City shall
be the sole judge concerning the merits of Bids submitted.
7. SAMPLES AND DEMONSTRATION:
A. Evidence in the form of samples may be requested (when required) if brand is
other than specified. Such samples are to be furnished after the date of Bid
opening only, upon request by the City, unless otherwise stated in the Bid forms.
If samples should be requested, such samples must be received by the city no
later than seven (7) days after formal request is made. When required, the City
may request full demonstrations of any unit(s) Bid prior to the award of any
contract. Samples, when requested, must be furnished free of expense to the
City and if not used in testing or destroyed, upon written request, will within
thirty (3) days of Bid sample to be returned at the Bidder's expense.
8. QUALITY:
A. All materials used for the manufacture, construction, or services of any supplies,
materials, or equipment covered by this Bid must be new. The items must be
new, the latest model, of the best quality and highest grade workmanship.
9. SIGNATURE REQUIRED:
A. All numbered City Bid pages must be signed, where indicated, with the company
name by an officer or employee having authority to bind the company or firm by
signature.
10. ACCEPTANCE OF MATERIAL:
A. The items(s) delivered under this bid shall remain the property of the seller until
physical inspection and actual usage of the item(s) and/or services are made and
thereafter accepted to the satisfaction of the city and must comply with the
terms herein, and be fully in accord with the specifications and of the highest
quality. In the event the material and/or services supplied to the City is found to
be defective or does not conform to the specifications, the City reserves the right
to cancel the order upon written notice to the seller and return the product(s) to
the seller at the seller's expenses.
Page 4 of 27
BID NO. ITB# 005/18/BS
11. VARIATIONS TO THE SPECIFICATIONS:
A. For purposes of evaluation, bidder must indicate any variances from the City
specifications, no matter how slight. If variations are not stated in the proposal,
it will be assumed that the product or service fully complies with the City
specifications, terms and conditions.
12. DELIVERY:
A. Time will be of the essence for any orders placed as result of this Bid. The City
reserves the right to cancel such orders, or any part thereof, without obligation,
if delivery is not made at the time specified on the Bid proposal form.
13. DEFAULT PROVISION:
A. In case of default by the successful bidder or contractor, the City may procure
the items or services from other sources and hold the bidder responsible for any
excess cost incurred thereby.
14. PRICING:
A. Prices shall be stated in units of quantity specified in the Bid specification. In
case of a discrepancy in computing the total amount of the Bid, unit price quoted
will govern.
15. COPYRIGHTS AND/OR PATENT RIGHTS:
A. Bidder warrants that there has been no violation of copyrights and/or patent
rights in the manufacturing, producing or selling the goods, shipped or ordered,
as a result of the Bid and the seller agrees to hold the purchaser harmless from
any and all liability, loss or expense occasioned by any such violation.
16. SAFETY STANDARDS:
A. The proposer warrants that the product supplied to the City conforms in all
respects to the standards set forth in the Occupational Safety & Health Act
(O.S.H.A.) and its amendments; failure to comply with this condition will be
considered a breach of contract.
17. TAXES:
A. The City of Winter Springs, Florida is exempt from any tax imposed by the State
of Florida and/or Federal Government. State Sales Tax Exemption Certification
No. 85-8012529604C-0 applies and appears on each City of Winter Springs
Purchase Order. Exemption certificates provided on request.
Page 5 of 27
BID NO. ITB# 005/18/BS
18. MANUFACTURER'S CERTIFICATION:
A. The City of Winter Springs reserves the right to request from the bidder separate
manufacturer's certification of all statements made in the proposal. If chemicals
are involved, the proposer must supply the City any Safety Data Sheets along
with shipment (upon request).
19. SIGNED BID CONSIDERED AN OFFER:
A. The signed Bid shall be considered an offer on the part of the bidder, which offer
shall be deemed accepted upon approval by the City Commission of the City of
Winter Springs, Florida and in case of default on the part of the successful
bidder, after such acceptance, the City may take such action as it deems
appropriate, including legal action, for damages or specific performance.
20. LIABILITY, INSURANCE, LICENSES AND PERMITS:
A. Where bidders are required to enter onto City property to deliver materials or
perform work or services, as a result of a Bid award, the bidder will assume the
full obligation and expenses for obtaining all necessary licenses, permits,
inspection and insurance, as required. The bidder shall be liable for any
damages or loss to the City occasioned by negligence of the bidder (or agent) or
any person the bidder has designated in the completion of a contract as a result
of the Bid.
21. RESERVATIONS FOR REJECTION AND AWARD:
A. The City of Winter Springs, reserves the right to accept or reject any or all Bid's
or parts of Bid's, to waive irregularities and technicalities, and to request re -Bid's
on the required materials. The City also reserves the right to award the contract
on such material the City deems will best serve its interest. The City further
reserves the right to award the contract on a split order basis, lump sum, or
individual item basis, or such combinations as shall best serve the interest of the
City, unless otherwise stated. The City also reserves the right to waive minor
variations to specifications (interpretation of minor variations will be made by
applicable City Department Personnel). In addition, the City reserves the right to
cancel any contract by giving thirty (30) days written notice.
22. AWARD:
A. After the award, the selected contractor will commence work no later than 10
working days from date of the Notice of Proceed.
23. SPECIFICATIONS:
A. Any omissions of the detailed specifications stated herein, that would render the
materials/services from use, as specified, will not relieve the contractor from
responsibility.
Page 6 of 27
BID NO. ITB# 005/18/BS
24. BID ATTACHMENTS:
A. A Bid response which has attached a condition of sale or any other attachments
which alters the specifications, conditions, and terms or makes it subordinated
may be cause for rejection.
Page 7 of 27
BID NO. ITB# 005/18/BS
STATEMENT FOUND IN FLORIDA STATUTES 287.133
A person affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases or real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this (Date) by
who is personally known to me or who has produced
(Type of identification) as identification and who did (did not) take an oath.
(Signatu re)
(SEAL)
Notary Public, Commission No.
Name of Notary typed, printed, or stamped)
Page 8 of 27
BID NO. ITB# 005/18/BS
BID FORM
Bids must be submitted by: 2:00 p.m. on Monday, September 10, 2018.
The Invitation to Bid, General Conditions, Instructions to Proposer, Special Conditions,
Specifications, Addendums, and/or any other pertinent documents, from a part of this proposal
and by reference are made a part hereof.
ANTI -COLLUSION STATEMENT: The undersigned proposer had not divulged to,
discussed, or compared their BID with other proposers and has not colluded with any of
the proposer of parties to this BID what so ever.
Company Name:
Telephone No: ( )
Address
City:
Zip Code:
State
Authorized Person Signature (Sign in Ink)
Title:
(Print Name) (Date)
Total Base BID Amount $
NOTE: Total Base Bid Amount listed above shall match the Total Base Bid Amount listed on
the Bid Schedule. In case of conflict, the amount listed above shall take precedent.
It is specifically agreed the proposer, his assignees, agents or employees are strictly
independent contractors. The undersigned, his heirs, assigns or successors in interest, agree
and shall protect, defend, reimburse, indemnify and hold the City, its agents, employees and
elected officers jointly and severally free and harmless at all times from and against any and all
claims, liability, expenses, losses, suits, costs, fines and damages, including attorney fees, or
causes of action of any kind or character associated with or arising out of this agreement.
Page 9 of 27
BID NO. ITB# 005/18/BS
Indicate which: Individual: ( ) Partnership: ( )
Corporation: ( ) Other: ( )
To the City Commission of the City of Winter Springs, Florida:
We(1) the above signed hereby agree to furnish the following item(s) conditions, specifications,
and all attachments hereto. We (1) have read all attachments including the specifications and
fully understand what is required.
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this (Date) by
who is personally known to me or who has produced
(Type of identification) as identification and who did (did not) take an oath.
(Signatu re)
(SEAL)
Notary Public, Commission No.
Name of Notary typed, printed, or stamped)
Page 10 of 27
BID NO. ITB 005/18/BS
Base Bid:
Pond #
Pond Name
Location
Approximate
Circumference
(FT)
Treatment Frequency Pond Treatment Trash Removal
(Activities/Year) (Cost/Activity) (Cost/Activity) Annual Cost
1
Tanglewood Pond
Wildwood Subdivisionivision at Tanglewood Rd
400
12
2
Highlands Pond
Off of Shepard Rd behind Highlands Clubhouse
1100
12
3
The Oaks
At Shepard Rd across from The Oaks Subdivision
1000
12
4
Highland Lakes -Shepard Rd.
At Shepard Rd adjacent to The Oaks Subdivision
550
12
5
Highland Village - Large
next to 405 Macgregor Rd
950
12
6
Highland Village - Small
between 320 & 326 Macgregor Rd
300
12
7
Highland Village - 3rd Street
corner of Macgregor & 3rd St
750
12
8
Moss Rd Pond
Wet pond at Torcaso Park & Fire Station
1300
24
9A
Safety Bldg. Pond A (south)
Police Station site at Moss Rd
500
12
9B
Safety Bldg. Pond B (north)
Police Station site at Moss Rd
500
12
10
Cory Lane Pond
end of cul-de-sac ( Cory Ln)
400
12
11
Rhoden Lane Pond
end of cul-de-sac ( Rhoden Ln)
750
12
12
Alligator pond
Off of Murphy Rd behind Murphy Pond B
1300
12
13
Murphy Pond B
Off of Murphy Rd behind Murphy Pond B
700
12
14
Murphy Lake
Off of Murphy Rd after Bridge
1200
12
15
Donut Lake
S Edgemon Ave b/w Cottonwood & Panama Cir
1550
12
16
Fruitwood Lake
At Fruitwood Lake Park off of Fruitwood Ave
1400
12
17
Gee Creek Pond
Corner of Elderwood St & and Edgemon Ave
550
12
18
Arbors - Dolphin Pond
Corner of Dolphin Rd & Lancers Dr
1350
12
19
Stone Gable
Between 112 and 114 Stone Gable Circle
1100
12
20
Winding Hollow #10
Power Line Easement south of Stone Gable
1050
12
21
Winding Hollow #15
Before Twelve Oaks Dr on Winding Hollow Blvd east
1000
12
22
Winding Hollow #14
Before Twelve Oaks Dr on Winding Hollow Blvd west
350
12
23
Winding Hollow #19
Corner of Winding Hollow Blvd & Twelve Oaks Dr
350
12
24
Winding Hollow #17
At the Power Line easement north of Pond # 27
900
12
25
Winding Hollow #22
Corner of Winding Hollow & Winding Chase Blvds.
1400
12
26
Winding Hollow #11
East side of Winding Hollow Blvd just past Springview Ct
650
12
27
Winding Hollow #20
Large wet pond at the Power Line easement
4000
24
28
SR 434 DOT Pond E
Across from The Reserve Subdivision at Tuscora Dr.
2150
12
29
SR 434 DOT Pond D
Across from Seminole County School Transportation Services
350
12
30
SR 434 DOT Pond A
Between Winding Hollow & Stone Gable Subdivision
1800
12
31
SR 434 DOT Pond B
At the Winter Springs Post Office -front
1350
12
32
SR 434 DOT Pond C
At the Winter Springs Post Office - rear
950
12
33
Winter Springs City Hall Pond
Behind Winter Springs City Hall off of SR 434
850
12
Page 11 of 27
BID NO. ITB 005/18/BS
34
Central Winds Park Pond
Adjacent to Lake Jesup (at the Main park)
1300
24
35A
Central Winds Park Soccer Field C
At the Soccer Fields east of Parks Maintenance Bldg
850
4
35B
Central Winds Park Soccer Field D
At Soccer Fields between Baseball Field #4 and Soccer Field D
800
4
36
O'Day Pond
Between 1132 and 1142 O'Day Dr
750
12
37
Baltic Lane Pond / Ditch
At Baltic Lane
250
4
38
Freedom Lane Pond/ Ditch
At Freedom Lane
750
4
39
Oak Forest/Chokecherry Pond
At 875 Chokecherry (access at the Power Easement)
300
12
40A
Oak Forest Lake
Corner of Tuskawilla Rd & Winter Springs Blvd
2300
24
40B
Oak Forest Lake Outfall
Across from 1063/1065 Winter Springs Blvd.
150
12
41
Trotwood Pond
Along Trotwood Blvd by the park's roundabout
1100
12
42
Tuskawilla Lake
Trotwood Park Lake off of Northern Way
2700
12
44
Tusca Oaks 8
Across from the Water Plant at Northern Way
900
12
47
Willa Lake
B/W Ermine, Antelope, Deer Run & Wolverine
3300
12
48
Mt. Laurel Pond
Between 1450 & 1454 Mt. Laurel Dr
500
12
49
Bear Creek Ct. Pond
End of the cul-de-sac
400
12
50
Seneca Pond
Near intersection of Seneca & Vistawilla Dr
400
12
51
Running Bear Ct. Pond
Behind 695 Running Bear Ct
200
12
52
Tiverton Pond
At Carrington Woods off Tiverton St
700
12
53
Carrington Pond
At Carrington Woods off Carrington Ave & Ct
1000
12
54
Warrington Pond
At Carrington Woods off Warrington Ct
1100
12
55
Winter. Blvd. /Across from Park
Next to Fox Glen Subdivision entrance at Winter Springs Blvd
600
12
56
Sam Smith Park Pond
At Sam Smith Park
2000
12
57A
White Dove Pond A
Between White Dove Dr & Woodchuck Ct
350
24
57B
White Dove Pond B
(see Pond 57 A (access at the Power Easement
250
24
58A
Tusc Pond - Boat Pond A
Off of Seneca Blvd b/w Canadice & Lamoka
350
24
58B
Tusc Pond - Boat Pond B
see Pond 58 A (access at the Power Easement)
350
24
59
Tusc Pond - Chelsea Large
off Seneca Blvd b/w Tioga Ct & Conesus Ln
2500
24
60
Little Sparrow Ct. Pond
Behind 1630 Winter Springs Blvd. east of Little Sparrow Ct
600
12
61
Chestnut Estates - 1
Between 222 & 223 Blue Creek Dr
350
12
62A
Bear Creek Pond / W.S. Blvd.
North of Winter Springs Blvd by entrance at Chestnut Est
300
24
62B
Pond behind # 62
(behind Pond # 62)
350
12
63
Chestnut Estates - 2
Between 200 & 206 Blue Creek Dr
550
12
64
Chestnut Estates - 4
East side of Chestnut Est bordering Oviedo
1100
12
65
Hole 13 Lake
At Tuscawilla Golf Course
1450
12
66
Hole 12 Lake
At Tuscawilla Golf Course
1650
12
67
Fairway Oaks Pond
Center of Fairway Oaks Subdivision.
600
12
68
Chestnut Ridge
East side of Greenbriar Ln at Subdivision entrance
750
12
Page 12 of 27
BID NO. ITB 005/18/BS
69 Greenbriar Pond
West side of Greenbriar Lane
550
12
70 Dyson Pond
Between Shetland Ave & Dyson Dr
550
12
80 Winter Springs High School
Winter Springs High School Fields corner Tuskawilla Rd
1300
12
100 N. Edgemon Ave. /Civic Ctr.
At Sunshine Park behind the ball fields
1000
12
103 Sheoah Rd Park Outfall Area
At Sheoah Rd Park across from 3rd St
100
12
104 Highlands Canal/Sheoah Cir
Ditch by fenced area off of Sheoah Circle
400
12
106A C W Park Ext. Pond -South
At Central Winds Park Extension
350
12
106B C W Park Ext. Pond -Mid
At Central Winds Park Extension
350
12
106C C W Park Ext. Pond -North
At Central Winds Park Extension
250
12
107A P W / Utility Compound Pond E
PW / Utility Compound - Old Sanford Oviedo Rd
500
12
107B P W / Utility Compound Pond W
PW / Utility Compound - Old Sanford Oviedo Rd
400
12
108 Fisher Rd Pond
At Fisher Rd
2500
12
109A Solary Canal Pond A
off of Deleon St
2500
12
109B Solary Canal Pond B
off of Deleon St
1800
12
111A Lake Jesup Augmentation
at the Lake Jesup Augmentation Plant
350
4
112 Herrell Rd Pond
at Williams, Herrell, Morton & Sunrise
1200
12
113A Winter Springs Village Pond (1)
At Fanning Drive (between Tuskawilla Rd and Gainer Way)
1000
12
113B Winter Springs Village Pond (2)
At Fanning Drive (between Wakulla Ln and Ginnie Way)
1200
12
113C Winter Springs Village Pond (3)
At Fanning Drive (between Eagle Bay St and Treehouse St)
1500
12
114 Jesup's Reserve
At Old Farm Lane
800
12
115A Jesup's Landing A
At Jesups Springs Lane and Orange Ave
875
12
115B Jesup's Landing B
At 476 Gee Hammock Lane
1150
12
116A Seven Oaks A
Small portion from 779 Maple Leaf Loop to 791 Maple Leaf Loop
500
6
1166 Seven Oaks B
Behind 823 Maple Leaf Loop
1100
12
TOTAL:
Bid Additives
Triploid Grass Carp Stocking $ /Fish
Application of Flouridone (or equivalent) $ /SF
Page 13 of 27
City of Winter Springs
Ponds Map
LEGEND
STORMWATER
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0 6251,250 2,500 3,750 5,000
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BID NO. ITB# 005/18/BS
SCOPE OF WORK
AQUATIC WEED CONTROL AND MAINTENANCE OF PONDS
1. PROJECT SCOPE
Provide all supervision, labor, equipment, materials and fuel to perform grounds, aquatic
weed control and pond maintenance as indicated in this statement of work. The work
consists of maintaining stormwater ponds and several canals/ditches throughout the City.
2. GENERAL
2.1 Supervisor: The contractor shall provide an individual who shall be responsible for the
performance of the work. The name of this person and alternate(s) who shall act for the
contractor when the supervisor is unavailable shall be designated in writing to the Project
Manager or other designated City employee.
2.1.1 Authority: The Project Manager or alternate shall have full authority to act for the
Contractor on all matters relating to daily operation of this contract.
2.1.2 Availability: The supervisor or alternate shall be available during normal business
hours within 24 hours to meet with City Personnel designated by the Project Manager to
discuss problem areas.
2.1.3 Office and/or Facility: There shall be an office and/or maintenance facility located
within 25 miles of the City of Winter Springs.
2.2 Employees
2.2.1 Contractor Personnel Appearance: Contractor personnel shall present a neat
appearance and be easily recognized. This may be accomplished by wearing distinctive
clothing bearing the company name or by wearing appropriate badges which contain the
company and employee name.
2.2.2 Vehicle Operator Licenses: The contractor shall ensure that all vehicle operators have
a valid Florida operators' license for the type of vehicle being driven, prior to starting work.
2.3 Quality Control
2.3.1 Quality Control Plan: The contractor shall establish and maintain a quality control plan
to ensure the requirements of the contract are provided for as specified.
2.4 Standards of Work
2.4.1 Standards of Service: The standards of service provided by the contractor shall be
equal to City of Winter Springs standards and those normally expected of a competent firm
engaged in the aquatic weed control services business.
Page 15 of 27
BID NO. ITB# 005/18/BS
2.4.2 Qualified Technicians: The contractor is held responsible for providing fully qualified
and licensed/certified technicians/workers to perform the tasks necessary in providing
these services.
2.5 Hours of Work: Work may be performed by the contractor between the hours of 7:00
a.m. and 6:00 p.m., Monday through Saturday. No work may be performed before sunrise
or after sundown without advance written permission from the City.
2.6 Damage to City Property: The contractor shall take necessary precautions to protect
City property. Any damage to City property resulting from the wrongful or negligent acts of
the contractors' employees shall be repaired or replaced by the contractor or be deducted
from the payment due the contractor.
2.7 Safety: The contractor shall exercise proper safety procedures which are in accordance
with all state, local, and OSHA regulations or standards.
2.8 Contractors Work Plan: The contractor shall furnish with his bid a complete proposal of
his/her plan for accomplishing the required work, including a list of the equipment and
personnel intended to be used.
3. WORK TO BE PERFORMED
3.1 Description: The work in this section consists of the following:
The intent of the BID is to obtain a price for providing management of certain lakes and/or
waterways in accordance with the following specifications.
Ninety-five (95) stormwater ponds (approx. 89,475 ft. total circumference) and three (3)
ditches/canals (approx. 1,400 ft total length) located at various locations throughout the
City of Winter Springs. (See Bid Form and Map for locations).
A minimum of twelve (12) inspections per year, with treatment as required, except on
certain ponds and or canals listed with more or less frequency, as shown on the Bid Form.
The period between individual pond inspections, for ponds on a monthly inspection
schedule, must not exceed 35 days.
Water Manaizement Services are to include. but not necessarilv be limited to the follow
A. Algae and aquatic weed control in open water areas only.
B. Shoreline grass control to the waters' edge in non -vegetated areas only.
C. Vegetation in the bottom of dry ponds shall be limited in height to 12".
D. Littoral shelf maintenance -wicking for the control of cattail and primrose willow.
Page 16 of 27
BID NO. ITB# 005/18/BS
E. Water chemistry testing, as needed by the contractor for the success of the
control program. Routine testing of the oxygen level of the lakes and ponds as
needed.
F. Bacteria testing, as needed by the contractor for the success of the control
program.
G. Triploid grass carp stocking (to control "Hydrilla" and slender "Spikerush") based
on a unit cost provided on the Bid Schedule. Fish barriers are not part of this
scope. The installation of fish barriers will be negotiated on a case by case basis.
H. Removal of all trash and other nonorganic materials (bottles, cans, litter, etc.)
that are floating in the pond or at the water line will be conducted as part of
each inspection. Management reporting will be used to verify trash removal
activities. Trash to be removed is limited to trash which can physically enter the
pond via the storm sewer system. The total amount/volume of trash collected
must be reported with the monthly report.
I. Overflow structures shall be cleared of weeds and debris at each inspection. The
total amount/volume of weed and debris collected must be reported (added to
item H) with the monthly report.
J. Heavy physical removal of organic materials is not part of this contract and will
be negotiated separately.
K. Management reporting will require the use of daily forms by the contractor and
monthly provided by the City and will be used as a basis for Invoice approval and
contract performance inspection. Any activity conducted as part of the contract
will have to be submitted within 72 hrs of the activity taking place. The report(s)
shall include the types of weeds treated, the chemicals and the equipment used
for the treatment. A separate report of chemicals applied to ponds 28-32 shall
be submitted once a month.
L. Pond #111A (Lake Jesup Shoreline at Reclaimed Water Plant) will be sprayed for
the maintenance of invasive weeds.
M. In the event of a 'fish kill', upon notification of the fish kill the contractor shall
immediately mobilize the resources necessary to perform the removal and
proper disposal of the dead fish, and all related clean up of the pond.
3.2 Inspection and Unsatisfactory Work: During periods of heavy pond maintenance the
contractor shall consult with the City for inspection and tentative approval of work quality
being accomplished. In the event of unsatisfactory work, the contractor shall perform
whatever work is necessary without additional compensation.
3.3 Bid Items and Items of Payment: The measurement of production and item(s) of
payment shall be made by unit/work areas as shown in the bid form.
Page 17 of 27
BID NO. ITB# 005/18/BS
AGREEMENT FORM
THIS AGREEMENT is made and entered into this _ day of 2018, by and between
the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, hereinafter referred to as "City",
located at 1126 East State Road 434, Winter Springs, FL 32708, and a
corporation, hereinafter referred to as "Service Provider".
WITNESSETH:
WHEREAS, City wishes to obtain Aquatic Weed Control and Maintenance of Ponds on a
continuing basis; and
WHEREAS, Service Provider participated in the selection and negotiation process; and
WHEREAS, Service Provider is willing to provide such Aquatic Weed Control and Maintenance of
Ponds 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 RECITALS
1.1 The foregoing recitals are deemed to be true and accurate and are fully incorporated
herein by reference.
2.0 TERM AND DEFINITIONS
2.1 This contract shall be in effect for twelve (12) months commencing on the Effective
Date. The City may extend this contract for up to four (4) additional one year terms, provided the City
determines, in its discretion, that Service Provider has adequately performed during the previous term of
this contract. In the event this contract is extended, the contract price may be increased to allow for
consumer price increases based on Bureau of Labor and Statistics - Consumer Price Index not to exceed 2
(two) percent. The adjustment will be based on the seasonally adjusted CPI for All Urban Consumers for
the annual contract period from the same period of the previous year and calculated 30 days prior to
renewal. The Agreement may be canceled in whole or part by the City or the Service Provider, upon
giving at least (30) days written notice prior to cancellation; EXCEPT as otherwise provided under Section
20 of this Agreement and that non-performance on the part of the Service Provider will be grounds for
immediate termination. Unless otherwise provided in said notice, all work being performed by Service
Provider at the time of receipt of the notice shall immediately cease and no further work shall be
provided by Service Provider under this contract.
2.2 Definitions. The following words and phrases used in this Agreement shall have the
following meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably and shall
refer to this Agreement, as amended from time to time, which shall
constitute authorization for the Service Provider to provide the
landscape 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 a
corporation, and its principals, officers, employees,
and agents.
Page 18 of 27
BID NO. ITB# 005/18/BS
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 Stormwater Utility Manager, or his/her designee, who is to provide the general
administration of the contract.
3.0 SCOPE OF SERVICES
3.1 Service Provider shall provide Aquatic Weed Control and Maintenance of
Ponds, including the furnishing of all labor, equipment, tools, materials, incidentals and the performing of
all operations necessary as described in the Statement of Work.
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the Services at any time by giving written notice to Service
Provider. If such changes increase (additional services) or decrease or eliminate any amount of Work, City
and Service Provider will negotiate any change in total cost or schedule modifications. If the City and the
Service Provider approve any change, the Contract will be modified in writing to reflect the changes. All
change orders shall be authorized in writing by City's and Service Provider's designated representative.
4.2 All of City's amendments thereto shall be performed in strict accordance with the terms
of this Agreement insofar as they are applicable.
5.0 SCHEDULE
5.1 Service Provider shall perform services in conformance with the schedule reasonably
established by the Stormwater Utility Manager. Service Provider shall complete all of said services in a
timely manner and will keep City apprized of the status of work within 72 hours of any activity taking
place. Should Service Provider fall behind on the established schedule, it shall employ such resources so
as to comply with the schedule.
5.2 No extension for completion of services shall be granted to Service Provider without
City's prior written consent.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER
6.1 General Bid Services. The City shall only pay Service Provider for services actually
performed based on the Bid Form. The total amount paid to Service Provider for the first year of this
Agreement shall not exceed $ . If this contract is extended, the total annual amount
paid to Service Provider shall not exceed that above mentioned number adjusted by the CPI as set forth in
paragraph 2.1 of this contract.
6.2 Additional Services. From time to time during the term of this Agreement, City may
request that Service Provider perform additional Services not required under 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
Page 19 of 27
BID NO. ITB# 005/18/BS
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.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services
performed by Service Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility
under this Agreement.
8.0 AUDIT AND INSPECTIONS
All Service Provider's records with respect to any matters covered by this Agreement shall be
made available to the City, at any time during normal business hours, as often as the City deems
necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted
in audit reports must be fully cleared by the Service Provider within seven (7) days after receipt by the
Service Provider. Failure of the Service Provider to comply with the above audit requirements will
constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the
withholding of payment for services provided under this Agreement.
9.0 PROFESSIONALISM AND STANDARD OF CARE
9.1 Service Provider shall do, perform and carry out in a professional manner all
Services required to be performed by this Agreement. Service Provider shall also use the degree of care
and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable
members of Service Provider's profession working in the same or similar locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
10.1 Service Provider shall submit a monthly written progress report as to the status of all
Work set forth in this Agreement within 72 hours of any work being performed. The report shall in a
sufficient manner demonstrate that any funds expended were used to provide the agreed-upon Services.
If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to
determine the Work performed or the manner in which it is being performed, the City may seek more
detail from the Service Provider.
11.0 WARRANTY OF PROFESSIONAL SERVICES
11.1 The Service Provider (for itself and any of its employees, contractors, partners, 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
12.1 Service Provider hereby represents and warrants to the City the following:
Page 20 of 27
BID NO. ITB# 005/18/BS
a. Service Provider is duly registered and licensed to do business in the State
of Florida and is in good standing under the laws of Florida, and is duly
qualified and authorized to carry on the functions and operations set forth
in this Agreement.
b. The undersigned signatory for Service Provider has the power, authority,
and the legal right to enter into and perform the obligations set forth in
this Agreement and all applicable exhibits thereto, and the execution,
delivery, and performance hereof by Service Provider has been duly
authorized by the board of directors and/or president of Service Provider.
In support of said representation, Service Provider agrees to provide a
copy to the City of a corporate certificate of good standing provided by the
State of Florida prior to the execution of this Agreement.
C. Service Provider is duly licensed under all local, state and federal laws to
provide the Services stated in paragraph 3.0 herein. In support of said
representation, Service Provider agrees to provide a copy of all said
licenses to the City prior to the execution of this Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
13.1 With regard to any and all Work performed hereunder, it is specifically
understood and agreed to by and between the parties hereto that the contractual relationship between
the City and Service Provider is such that the Service Provider is an independent contractor and not an
agent of the City. The Service Provider, its contractors, partners, agents, and their employees are
independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted
to establish any relationship other than that of an independent contractor, between the City, on one
hand, and the Service Provider, its contractors, partners, employees, or agents, during or after the
performance of the Work under this Agreement.
14.0 PROGRESS MEETING
14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more
frequently if required by the City, during the term of work entered into under this Agreement. Service
Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated
by the City Project Manager.
15.0 SAFETY
15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing Services
provided hereunder.
16.0 INSURANCE
16.1 Liability Amounts. During the term of this Agreement, Service Provider shall be
responsible for providing the types of insurance and limits of liability as set forth below.
a. The Service Provider shall maintain comprehensive general liability insurance in the
minimum amount of $1,000,000 as the combined single limit for each occurrence to
protect the Service Provider from claims of property damages which may arise from
any Services performed under this Agreement whether such Services are performed
by the Service Provider or by anyone directly employed by or contracting with the
Service Provider.
b. The Service Provider shall maintain comprehensive automobile liability insurance in
the minimum amount of $1,000,000 combined single limit bodily injury and
Page 21 of 27
BID NO. ITB# 005/18/BS
minimum $1,000,000 property damage as the combined single limit for each
occurrence to protect the Service Provider from claims for damages for bodily
injury, including wrongful death, as well as from claims from property damage,
which may arise from the ownership, use, or maintenance of owned and non -
owned automobiles, including rented automobiles whether such operations be by
the Service Provider or by anyone directly or indirectly employed by the Service
Provider.
c. The Service Provider shall maintain, during the life of this Agreement, adequate
Workers' Compensation Insurance in at least such amounts as are required by law
and Employer's Liability Insurance in the minimum amount of $1,000,000 for all of
its employees performing Work for the City pursuant to this Agreement.
16.2 Special Requirements. Current, valid insurance policies meeting the
requirementsherein identified shall be maintained during the term of this Agreement. A copy of a current
Certificate of Insurance shall be provided to the City by Service Provider upon the Effective Date of this
Contract which satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be
sent to the City 30 days prior to any expiration date. There shall also be a 30 -day advance written
notification to the City in the event of cancellation or modification of any stipulated insurance coverage.
The City shall be an additional named insured on all stipulated insurance policies as its interest may
appear, from time to time.
16.3 Independent Associates and Consultants. All independent contractors or agents
employed by Service Provider to perform any Services hereunder shall fully comply with the insurance
provisions contained in these paragraphs for sections 15 and 16.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
17.1 Service Provider shall comply with all requirements of federal, state, and local laws,
rules, regulations, standards, and/or ordinances applicable to the performance of Services under this
Agreement.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the Service
Provider and its independent contractors and associates related, directly or indirectly, to this Agreement,
may be deemed to be a Public Record whether in the possession or control of the City or the Service
Provider. Said record, document, computerized information and program, audio or video tape,
photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida
Statutes, and may not be destroyed without the specific written approval of the City's City Manager.
Upon request by the City, the Service Provider shall promptly supply copies of said public records to the
City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement
shall at any and all reasonable times during the normal working hours 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.
Page 22 of 27
BID NO. ITB# 005/18/BS
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; DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES
20.1 The City reserves the right to immediately revoke and terminate this Agreement and
rescind all rights and privileges associated with this Agreement, without penalty, in the following
circumstances, each of which shall represent a default and breach of this Agreement:
a. Service Provider defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven (7) calendar days after written
notice from the City specifying the default complained of, unless, however, the nature of the
default is such that it cannot, in the exercise of reasonable diligence, be remedied within
seven (7) calendar days, in which case the Service Provider shall have such time as is
reasonably necessary to remedy the default, provided the Service Provider promptly takes
and diligently pursues such actions as are necessary therefor; or
b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of
creditors or Service Provider becomes insolvent, or is unable or unwilling to pay its debts; or
c. Service Provider has acted negligently, as defined by general and applicable law, in
performing the Services hereunder; or
d. Service Provider has committed any act of fraud upon the City; or
e. Service Provider has made a material misrepresentation of fact to the City while performing
its obligations under this Agreement; or
f. Service Provider is experiencing a labor dispute which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right or
remedy City may have under this Agreement.
20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider, the City
shall have the right to exercise any other remedy the City may have by operation of law, without
limitation, and without any further demand or notice. In the event of such termination, City shall be liable
only for the payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for Work properly performed prior to the effective date of termination.
21.0 FORCE MAJEURE
21.1 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.
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BID NO. ITB# 005/18/BS
22.0 GOVERNING LAW & VENUE
22.1 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 Orlando, Florida.
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
24.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against
public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and
option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement.
The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully
enforceable.
25.0 INTEGRATION; MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties has 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. Modifications of this Agreement shall only be made in
writing signed by both parties.
26.0 WAIVER AND ELECTION OF REMEDIES
26.1 Waiver by either party of any terms, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
26.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of each party hereto.
27.0 THIRD PARTY RIGHTS
27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than City and Service Provider.
28.0 PROHIBITION AGAINST CONTINGENT FEES
28.1 Service Provider warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Service Provider, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the Service Provider, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement.
29.0 NO JOINT VENTURE
Page 24 of 27
BID NO. ITB# 005/18/BS
29.1 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.
30.0 ATTORNEY'S FEES
30.1 Should either party bring an action to enforce any of the terms of this Agreement, the
prevailing party shall be entitled, to the extent permitted by law, to recover from the non -prevailing party
the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at
settlement, trial or on appeal.
31.0 COUNTERPARTS
31.1 This Agreement may be executed in any number of counterparts, each of which when so
executed and delivered shall be considered an original agreement; but such counterparts shall together
constitute but one and the same instrument.
32.0 DRAFTING
32.1 City and Service Provider each represent that they have both shared equally in drafting
this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement
in the event of a dispute between the parties.
33.0 NOTICE
33.1 Any notices required to be given by the terms of this Agreement shall be delivered by
hand or mailed, postage prepaid to:
For Service Provider:
For City:
City of Winter Springs
City Engineer
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327-8979
33.2 Either party may change the notice address by providing the other party written notice
of the change.
34.0 SOVEREIGN IMMUNITY
34.1 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.
35.0 INDEMNIFICATION
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BID NO. ITB# 005/18/BS
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the
fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners,
employees, officers, and city attorneys (individually and in their official capacity) from and against all
claims, losses, damages, personal injuries (including but not limited to death), or liability (including
reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or
indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services
performed under this Agreement by Service Provider, and its
employees, principals, agents, independent contractors, and
consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of or
resulting from Service Provider's and its employees, partners,
contractors, and agents on the performance of the Services being
performed under this Agreement;
d. Service Provider's, and its employees, partners, contractors, and
agents failure to comply with the provisions of any federal, state, or
local laws, ordinance, or regulations applicable to Service Provider's
and its employees, partners, contractors, and agents performance
under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider and
its employees, partners, contractors, and agents on the City under this
Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims
of liability and all suits and actions of every name and description that may be brought against the City or
its commissioners, employees, officers, and City Attorney which may result from any negligent act,
omission or operation of work related to the Services under this Agreement whether the Services be
performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the
City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal
counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this
indemnification provided herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement between
the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following
order:
a. Addenda to this Agreement subsequent to the Effective date of this
Agreement;
b. This Agreement;
C. Exhibits to this Agreement; and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and performed by
the Service Provider.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or
discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the
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BID NO. ITB# 005/18/BS
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.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
Their duly authorized representatives as of the date first written above.
ATTEST:
By: _
ANDREA LORENZO-LUACES
City Clerk
SERVICE PROVIDER:
Name
Signature
Address
Telephone
CITY:
CITY OF WINTER SPRINGS, FLORIDA
By: Dated
KEVIN L. SMITH
City Manager
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