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HomeMy WebLinkAbout2012 09 10 Consent 200 SR 434 Landscape MaintenanceCOMMISSION AGENDA ITEM 200 September 10, 2012 Regular Meeting REQUEST: Informational Consent X Public Hearings Regular KL City Manager RS Department The Community Development Department, Urban Beautification Division, is requesting that the City Commission approve an agreement with Dora Landscaping Company, in the amount of $81,212, for landscape maintenance services for the State Road 434 Rights -of- Way, Medians and Ponds. SYNOPSIS: On August 6, 2012, City Staff received eight (8) responses to ITB 005 /12 /SR for the State Road 434 Rights -of -Way, Medians and Ponds Landscape Maintenance Program. Staff is recommending the lowest qualified bidder, Dora Landscaping Company, for award of this contract at a base price of $81,212. Contracting with Dora Landscaping Company for this project will result in a $21,913 cost reduction compared to the current agreement. CONSIDERATIONS: The service area for this project includes all State Road 434 Medians from US 17 -92 to approximately 500' East of the SR417 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. Eight (8) bids were received pursuant to ITB 005 /12 /SR as follows: • Dora Landscaping $81,212 • Groundtek $91,380 Consent 200 PAGE 1 OF 3 - September 10, 2012 • Annan Landscaping $92,400 • Central Florida Landscaping $87,600 • Reed Lawn Care $99,999,96 • Kirkland's Property Management $92,080 • Eastwood Tuff Turf $94,380 • Dawnalee Corporation $113,820 FISCAL IMPACT: Funding for services provided pursuant to this agreement will be expended from Urban Beautification Services Line Code (1525 - 54682) in the amount of $81,212 over a twelve month period. FDOT reimburses the City $62,000 annually (FDOT - SR 434 Highway Maintenance Memorandum Of Agreement #APS70) for maintenance services including, but not limited to: sidewalk repairs, tree trimming, mowing, and litter removal. The initial term of the agreement is for one (1) year with the option to extend the agreement 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) of the most recent twelve (12) month period. Limiting the potential increase upon contract extension to one -half (1/2) the change in CPI is an aggressive cost containment tool for future budget planning of the City. 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. An Invitation to Bid (ITB) was published in the legal section of the Orlando Sentinel on July 1, 2012. Bids were released through the City's Website Bid System and Onvia's Demand Star reaching more than 500 potential vendors who could provide services for this type of project. RECOMMENDATION: It is recommended that authorization be given for the City to enter into an agreement with Dora Landscaping Company for ITB 005 /12 /SR State Road 434 Landscape Maintenance Program at a base cost of $81,212, with the agreement effective October 1, 2012, and that authorization be given to the City Manager and City Attorney to prepare and execute any and all applicable documents required for this project. Consent 200 PAGE 2 OF 3 - September 10, 2012 ATTACHMENTS: A) ITB 005 /12 /SR B) ITB 005 /12 /SR C) ITB 005 /12 /SR SERVICE AGREEMENT (INCLUDING EXHIBITS) BID TABULATION FDOT E- VERIFY REQUIREMENT Consent 200 PAGE 3 OF 3 - September 10, 2012 Attachment 'A' - Service Agreement AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES ( "Agreement ") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City "), located at 1126 East State Road 434, Winter Springs, Florida 32708, and Dora Landscaping Company authorized to conduct business in Florida ( "Service Provider "), located at: 4301 Hogshead Road, Apopka, FL 32703 WITNESSETH: WHEREAS, City wishes to obtain landscape maintenance services for the State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance (ITB 005 /12 /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 005 /12 /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 October 1, 2012, and terminating at midnight on September 30, 2013, unless either party chooses to exercise its rights under Section 20, "Termination ". The parties shall have the option to extend the term of this Agreement for five (5) one -year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Manager ") shall review the performance of the Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date. The City manager shall recommend a one (1) year extension or termination. Should the Service Provider and City agree to extend the Agreement, the Service Provider may be entitled to an increase in rates in an amount not to exceed one half (1/2) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI -U) for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982 -84, or the successor index to same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (ITB 005 /12 /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 Dora Landscaping Company, a Florida Corporation, and its principals, officers, employees, and agents. d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manager" or "Designated Representative" or "Project Director" shall mean the City's Urban Beautification Manager, or his /her designee, who is to provide the general administration of the Agreement. 3.0 SCOPE OF SERVICES Service Provider shall do, perform, deliver and carry out, in a professional manner, the type of services as set forth in the "Scope of Work," attached hereto as Exhibit `A' and fully incorporated herein by this reference, including but not limited to the furnishing of all labor, equipment, tools, materials, and incidentals. 4.0 AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein, or additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue an Amendment to this Agreement or Change Order and the Service Provider shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. 5.0 SCHEDULE Service Provider shall perform services in conformance with the schedule reasonably established by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (ITB 005 /12 /SR) written consent. No extension for completion of services shall be granted to Service Provider without City's prior 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service Provider a sum not to exceed Eighty One Thousand, Two Hundred and Twelve Dollars 81 212. 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. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (ITB 005 /12 /SR) 10.0 SUBMITTAL OF PROGRESS REPORTS Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed -upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. Service Provider agrees to provide that information within a reasonable time period. 11.0 WARRANTY OF PROFESSIONAL SERVICES The Service Provider (for itself and any of its employees, contractors, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and /or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (ITB 005 /12 /SR) 15.0 SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of safety. Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing Services provided hereunder. 16.0 INSURANCE Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Service Provider shall make this same requirement of any of its subcontractors. Service Provider shall indemnify and save the City harmless for any damage resulting to them for failure of either Service Provider or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain during the term of this Agreement: COVERAGE MINIMUM LIMITS General and Auto Liability $500,000 per person /incident / $1,000,000 incident Professional Liability (if applicable) $1 Worker's Compensation Statutory Neither Service Provider nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A ", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The contractor's insurance policies should be endorsed to add the City of Winter Springs as an Additional Insured. The Service Provider shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been given to the City by certified mail. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS In the performance of work and services under this Agreement, Service Provider agrees to comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Service Provider, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of examination and /or audit. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (ITB 005 /12 /SR) 18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law. 19.0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and /or omissions performed by the subcontractor as if no subcontract had been made. 19.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Service Provider. It may also be terminated by the City with or without cause immediately upon written notice to the Service Provider. Unless the Service Provider is in breach of this Agreement, the Service Provider shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Service Provider shall: A. Stop work on the date and to the extent specified by the City. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. 21.0 FORCE MAJEURE Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot, war, sabotage, strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation; order by any regulatory agency, or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW & VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be in the Middle District of Florida in Orlando, Florida. 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (ITB 005 /12 /SR) 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION; MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. 26.0 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 27.0 PROHIBITION AGAINST CONTINGENT FEES Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 28.0 NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 29.0 ATTORNEY'S FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 30.0 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 31.0 DRAFTING City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (ITB 005 /12 /SR) 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 change. Dora Landscaping Company 4301 Hogshead Road Apopka, FL 32703 For City- City of Winter Springs Urban Beautification Manager 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327 -1800 x315 33.2 Either party may change the notice address by providing the other party written notice of the 34.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 35.0 INDEMNIFICATION 35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a. any default under this Agreement by Service Provider- 7 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; State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (ITB 005 /12 /SR) e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, contractors, and agents on the City under this Agreement. 35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 36.0 ORDER OF PRECEDENCE 36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; C. Exhibits to this Agreement; and d. The Bid documents. 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. 38.0 NONDISCRIMINATION The Service Provider warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, or physical handicap. 39. ARREARS The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. 40. WARRANTY The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (ITB 005 /12 /SR) 41. INDEPENDENT CONTRACTOR The Service Provider agrees that it is an independent contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole discretion, supervision, and control. The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 42. NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. 43. EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be performed by the Service Provider hereunder. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. SERVICE PROVIDER: 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 Agreement (ITB 005 /12 /SR) Exhibit 'A' SECTION 00300 !. GENERAL B ID FORM 1.1 Description The fallowing Bid is hmade to the Cifi of Winter S rin s, hereafter called ih OWNER. Bid is submitted By. D-2rc( � � Q � � � t�Pof k, ', FZ_ - JP 7D.3 (Insert legal name, address, and whe er sole proprietorship, partners 1p OC GOCpOfBtIQf1.) 1.2 The Undersigned: A. Acknowledges receipt of 1 . Project Ma nuaI f or the Land cape Ma inte n noe Services - STATE ROAD 434 RIGHTS OF WAY, MEDIANS, EASEMENTS AND PONDS - ITB 005/12/SR. 2. Electronic lotion neap. Adobe format General cotes /Details 4 . Addenda: Number-0 - .-} dated lv%- B. Has examined the site and all Bidding Documents and understands that In submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees To hold this Bid open for 90 calendar days after the bid opening date. 2 . To enter into and execute contract with the OWNER, if awarded on the basis of this Bid. 3. To accomplish the work in accordance with the contract documents. 4. To p rovide all requested information and to complete all forts. 1.3 Stipulated Amount A . Base Bid I will provide the services under this project for th yearly Base Bi Amount of: I- The Base Bid amount reflects pricing for the following Ser0lces (check that apply): V M a i nte n ance 1 XIrrigation Maintenance The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, e quipment, materials and performance of all operations relative to the project. Work for which there is not e Pay Item will be considered incidental to the Contract and no additional compensation will b allowed, The Owner, at his sole option and discretion, may choose to add or deduct from the State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance (ITB 005/12/ contract work at the unit prices set forth below. Service Provider s hall he paid for actual quantities completed in accordance with the Contract Documents. The following is the order of precedence which will he used in case of conflicts within th B id Sc provided by each Bidder: Unit Cost, Total Cost, Total Base Bid (See attached Bid Fort Bid Sch A. Proposals (Bids) must he sbtled in triplicate on the Bid Form. B . I have attached evidence of qualification and licensing to do business in the State and locality of this project. C. I have attached a list of all subcontractors I will ut ilize for the Contract word. have attached all requested support documentation including irrigation licensing. 9.6 Submittal RESPECTFULLY SUBMITTED, i ned an se le his !D day of AUIV 54' , 201 Z.. Servi Provi er By � T e Ov Y o�- z � 1� �f� Y � Signature Business Address -a ktoA.c31 al City State FL Zip 3 ATTEST- SECRETARY Nor AFFIX CORPORATE AT SEAL WITHIN BOX. If the business is an LLC, please note t his in t h e box. State Road 434 Fights of Way, , Il din , Easements and Funds Landscape Maintenance urB 005/12/SR BID CALCULATION SHEET T Bid No. IT 5/121S LANDSCAPE MAINTENANCE SERVICES S TA TE ROAD 434 RIGHTS OF WAYS MEDIANS, AS 'S' AND PONDS We are fully aware of all conditions affecting such or /items, for Sri r bids were advertised d ! to returned < r s ub m it the following bid for completion of said wc Total bid price for LANDSCAPE MAINTENANCE SER'V'ICES FOR STA TE ROAD 434 RIGHTS OF CIA Y. MEDIANS, EA SEMEN TS A ND PONDS per specifications is as foI lows b ITEM # & DESCRIPTION M ONTHLY COST X NUMBER OF MONTHS WPI 1. MEDIANS $ �0�� x 12 = $ 2. RIGHTS OF WAY $ ��Z� � x 12 = $ p�r� pfd r " 3. PONDS $ �� x 12 = $ 4. VISTAWIL1_A $�,.�,,....., x 12 = $_57 4 (A) LANDSCAPE MAINTENANCE TOTAL $ � �� � /YR. 1. MEDIANS $ �J x 12 = $��•- 2. RIGHTS OF WAY $Q^ x 12 = $� 3. poNos X 12 = $ � 4. VISTAWILLA $—J(2�— x 12 = $� (B) IRRIGATION MAINTENANCE TOTAL $ � [YR. GRAND TOTAL ( A+B) $ ............ . UNIT COSTS: The Bidder agrees with all conditions herein stated, proposes to contract, to the Base Bid sums, with the Owner the following Unit Material costs shall be paid on the basis of approved documen wholesale price plus 15 for overhead a nd profit resulting in additions to or deductions from the Base Bid as follows: UNIT PRICE #1 lAdditional Mulch Installed (pine bark) $ � y f State Road 434 Rights of Way, Easements and Ponds Landscape Maintenance OTB 005/12 UNIT PRICE #2 Irrigation fi rs and Troubleshooting beyond Contract Requirements. La bor UNIT" PRICE #3 Additional Material Cost to furnish and install: Rotors (Hurter PG Pop-Up Sprinkler Shrub Spray Heads Valves - 3/4H V - 1 " Valves - 1-1/21f Valves - $$ TBOS 2 St a. U NIT Price $ 3 GG ,6� ''� per hour Ae $ eac $ /,575 each each $ each each each $ each $ each Addit Material Cost to furnish and install plant material: 1 � r $ each 3 Gal. each 5 Gal. each Annuals eac U NIT PRICE #5 Labor and Materials Cost to prune all median Crape myrtle trees (SR 434, SR 419 to SR 4. END of SECTION $ RZ 1 D d � per service State Road 434 Rights of Wa y, Medians, Easements and Ponds La rid po Mai t n n (I TB 005t I 2/ SR) Aug 09 12 04:40p Hahn Irrigation, Inc. 407 -332 P. 1 JAMES HAHN *R)CC0057231 Expires: 09130112 E Mate of w it f f � 2 r X � - y !r r department of Z(art"rulturt anb Conoumer berbtreto � urcau of entomotcap anb �eot contrat CERTIFIED PEST CONTROL OPERATOR N umber: H1 57200 REBECCA LYNN WILKINSON J4 1,4 k4 to (fertilV tkat t4e indi C ontro l Operator and t pr i v il.9 e d to p ra c ti ce named (fo - Jam ip t i o n , 5erm and 0t4 c�,P,awa and Ornamental, generalJ4o we4old pe6 t and kadeat �. o car St a t e ol,< llayabi,,q toe pract lj. o�� �� vac WJ Charles H. Bronson Commissioner of A in je4unwn wkereol wane,4� lki� ji .%&1mj69e Jlorida on 2ecem / 8 2008 a ie gwreaa o entonW dPe DACS form 1 780 5 F0. STATE OF FLORIDA Department of of atib Cm ffP* BUREAU OF ELNIrOMOLOCY & PEST CONTROL Date File NO Expires June 24, 2011 ju-ne 1, 201? TH E RT IF1 PEST CONTROL OP ERAT01k NAMED BE L OW HAS RE it ST E R E D UND- ER T14E PROVISION S OF CHAPTER 482 FOR THE PERIOD XPIRIN : June t, 2012 REBECCA LYNN WILKINSON `.i S ion 23226 CHPLSEA LOOP General Household Pest avid LAND 0 [,AK ES, M 3463.9 Rodent Control Lawn and Ornamental Term i te and Othe r WD Control ADAM _ P TNA , COMMISSIONER CEERTIFICATE OF LIABILIT I NSURANCE DAlt (MMIMMM) THIS CERTIFICATE IS ISSUED AS A FATTER OF INFORMATION LY AND CO NFERS NO RIGHTS UPON THE CERTIRCATE a THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE I SSUING I S I S), AUTHORI REPRESE NTATIVE OR PRODUCER, AND CERTIFICATE TIF'I AT HOLDER. IM TA T: If th certificato ho Is a ADDITIONAL INSURED, the olle (le must bo endorsed, If SUBROGATION I S WAIVED, subject to the terms and conditions o the policy, ce r In po I Ic I es may req u I re a n e ndorse me nt. A statement on this eertlfI ete does not d onfer d g hts to the c ertificate holder In lieu of such endorsement (s)., PRODUCER Nffro— CUN TACT Cindy Gotham t�►.�l PHONE 0 834- 3 . F AX , (41171629 -63'78 Or ange 1560 Ave -r�i co�amo. cox INSURENN AFFORDING COVERAGE #LAIC Winter Park FL 32789 INSURER A wt;f iold lngurance C o 24112 Dora L Company INSURES a ; o Pr2Rer x & Casuals 690 Hogshead Road IS D INSURER e FL 32703 IN .0 E F C OV E RAG E S' ITf��AT' NUMB :��- �� REVISION �rIII� `w TI�iI I T CERTIFY T THE P F I �.I�`El BEL HAVE [ I SSUE D T THE III C ABOVE � PLED PICA INDICATED, OTC, ITHSTA IN ANY REQUIREMENT, TERM CONDITION { F ANY CONTRACT � DOCUMENT WITH RESPECT �� WHICH TI�4 CER71FICATE MAY Br= ISSUED OR MAY PERTAIN, T INSURANCE AFFORDSO AFFORD BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF S UCH POLICIES. L.IMIT SHOWN MAY HAVE BEEN EDUCBC BY PRIG CLAIMS. ADM' of POLICY E P MIT INSR LTR, TYPE OF INSURAN POLICY NUMBER [� �flD �ff��E3 00 GENERAL BItK EACH C C UR EI GE , B C# 0 , D79XGr= M RENTF-U- � car 150, o X C O MM ER C IAL G E N ERAL LIABILITY CLAI � OC � X 7470756 2/ 10/2012 # P (Any one eraori ) � o'�[7,? 1� PERS#L & A�311 Ii�f�#L.lR`i{ �. , 4 0 �} , 0 - -- -- - GE NERAL AO RE AI E PRODUCTS ; CO PIOP ACC r r 2 400,0 C 1 D r.c K LIr10 � or 0 1 ,,( WORKERS COMPENSAVON #� AND EM PLWERV UA IUTY YIN E.L. EActi ACCIDENT 1 () 0 ANY P OPRIETORIPARTNERIEXECUTt E OFFICEl� �E�t CLUI) D"? NIA 0 830-42161 . 6/1 1/2012 ,L DISEASE - EA EMPLOYEE 1 0 1 Mandato In NH) If S deacdbe under E.L. CISI -ASE - POLICE' LIMIT 00 1 D R ON OF OPERATIONS Wow 2/16/2012 2/10/2013 Ulmi $ 100 C Leased/Rented E E mployee Dishonest 7470756 2 / 10 /2012 Limit � , DE IRIPTION F r"2= ATION i LP^J%' 0%u L F % i4tt" t li € A R 1 101, ddittan Re alrk� cl�edul�r, If more $Pacc Is requi d) Property: Z TIFIGATE HOLD CAN TIO SHOULD ANY P T ABOVE C C�' IB O POLICIES BE CANCELLED BEFORE THE XPI ATI DATE THEREOF, TTIDB WILL DELIVERED lb ACC RbAI CB NTH THE POLICY ROVI ION . AUTHORIZED REPRESENTATt A (2010105) - 1 988-2010 ACORD CO RPORATION . All rights re ervie I 025 INS025 f7moniini Thu A r-rlPn mm ma and 1^nrl OF0 rt 'atarrar' M*rka nf A �"'.' npn GEN AGGREGATE ED IT APPLIES PEP: PRO- AUTOMOBILE UABILITY BODILY INJURY (PerPM ' X ANY AUTO ALL D SCH EDULED Il. C3 T 10 1 10/2013 BO D I LY I lJLJRY (Pere dent) AUTOS AUTOS TY DAMAGE NON - O WN E D X erg HIRED AUTOS AUTOS Medical a s eats x UMBRELLA UAS X OCCUR A CCURREN AGGREGATE EX CESS LIAR CLAIMS-MADE TSI� Ii'hiTif"1C#r{ 470756 rA F"F`A - rI �_ !"3'� lei_ r r 2 400,0 C 1 D r.c K LIr10 � or 0 1 ,,( WORKERS COMPENSAVON #� AND EM PLWERV UA IUTY YIN E.L. EActi ACCIDENT 1 () 0 ANY P OPRIETORIPARTNERIEXECUTt E OFFICEl� �E�t CLUI) D"? NIA 0 830-42161 . 6/1 1/2012 ,L DISEASE - EA EMPLOYEE 1 0 1 Mandato In NH) If S deacdbe under E.L. CISI -ASE - POLICE' LIMIT 00 1 D R ON OF OPERATIONS Wow 2/16/2012 2/10/2013 Ulmi $ 100 C Leased/Rented E E mployee Dishonest 7470756 2 / 10 /2012 Limit � , DE IRIPTION F r"2= ATION i LP^J%' 0%u L F % i4tt" t li € A R 1 101, ddittan Re alrk� cl�edul�r, If more $Pacc Is requi d) Property: Z TIFIGATE HOLD CAN TIO SHOULD ANY P T ABOVE C C�' IB O POLICIES BE CANCELLED BEFORE THE XPI ATI DATE THEREOF, TTIDB WILL DELIVERED lb ACC RbAI CB NTH THE POLICY ROVI ION . AUTHORIZED REPRESENTATt A (2010105) - 1 988-2010 ACORD CO RPORATION . All rights re ervie I 025 INS025 f7moniini Thu A r-rlPn mm ma and 1^nrl OF0 rt 'atarrar' M*rka nf A �"'.' npn CITY OF APOPKA LOCAL BUSINESS TAX RECEIPT No: 7359 120 East Main Street, Apopka, FL 32703 License Year October 1, 2011 to September 30, 2012 A(Wress 4301 HOGSHEAD RD Activit O8C8-2 CONTRACTOR-STATE LICENSED LANDSCAPE CON-TRACTOR Date-, 9/09/11 Tax 61.00 Penalt Transfer App Fee Past Due Total Paid 61.00 Issued to: DORA LANDSCAPI:NG 4301 HOGSHEAD RD rt APOPKA FL 32703 A 'INE�� " MUST DISPLAY LICENSE / O VVNER RESPONSIBILITY TO RENEW B OSINESS' T T OFFICIAL PICIAL WMAW 9 W= Request fbr Taxpayer Form (Rear. November 2005) Id en ti fication Number and Certification 9epartrr nt of 1 e T- remufy fr}tti al Rmnue swyl Marne as shown an your 1 ncom e tax ratu ) D RA LANDSCAPING C OMPANY Inr` ividusV Corporation Ch eck appr pdate box: Sole propd for Address (number, street, and apt. or suite no -) 4301 Hogshead Rd 1� , sUtq, and ZIP mde Apopka, FL 32703 List account nuh here (optional) f Taxpa Identification Number (TIN Give form to th reqstrR Do not sen to th IRS. Exe mpt from cu whhholdin sque tses creme and address (optional) E y our TIN In t he app rop riate box, The Ti provi must match the name given o Line I to avOid � �� Tuft number � ro � � backup withholding. For irrdi idual , this i your social security number (86N), Ho for a r eideny€ alien., sole propd t r", or disregarded entity, s ee the Part i jn ru dons on page 3, For other entities it is your employer identifiloation number ( I , If you do not have a riumber, sae How tO gel` ak 7,lfq on pa 3. or Note it the account is in more than one name, see the chart an page 4 for ulde[lnes o n whose Employer ldeffftaftn num ber rrumb r to enter, i Under penalties of perjury, l cerffY that. I. The number stTown on thiz form 15 my correct taxpayer identification number or l a m waiting for a number to be issued to rye), an . 1 am not s ubjed to b withb Wn because; a l am exempt from backup withholding, or b I he n ot b een �notified by the I Revenue Service (IRS) that I am subject to backup wfthholding as a result of a failure t repro+ alt Interest or d , or c the IRS has notified me that I am no longer subject to backup Withholding, and i am a US, person includln a -,S, ra`sldent alien), Ce rtfficafJon instructions. Ya u mvs cross out item 2 above If you have been notified by the i RS that you are currently+ su b;ect to backup withholding because you h ave failed t report all interest affd divi dends on your tax return. F or rest estate transactions, item 2 does not apply. F or mortgage .ag interest ald, acquisition or abandonment o secured property, cancellation o de M, c tdbutl n t an Individual ratlr t a rra ngeme nt i:RA), end, go n etaf ly, paym ants other than Interest and di id ends. you are not required to sign the Ca rt cat Ion, but you must proifide yo u corTect T1 N. (See the in tructi ons on page . Si S1 9 riature of H ere . , - p amo n Do- Purpose of Form person who is required to f ile an information reaturn with the IRS, must obtain your correct tXpyr identificat number `I to report, for e xa m ple, income paid t o you, real te a' trarmati mortgage interest you paid, acquisition or abandonment o secured property, canceflation of debt, or c ontributions you made to an IRA. U .S. person. Use Form f only ff you are a U.S. p. r O Cincl a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when a p p lic ab l e , t: `i . C rtffy that the TIN you are giving is correct or you are wa fting for a number to b e issued), 2 . C rtffy that you are n ct subjeat to backup withholding, or 3 . Claim axamprtlon from b ackup rithhoi -ding if you a a U .S. exempt payee, In 3 above, if applicable, you are :i o cartffying that as UZ, person, your allocable share of any partnership income fra-rn a U3. trade or business is not subject to the withholding tax on foreign partners' share of effective(y connected income. Nets,, (f a rtz. gives you a form other than Form W-9 t o req ues t y y y o y, r' T I N , you u t use th r clLi r` t ' form i i i �L'a daily similar to this Form VV-94 For federal tax purposes, you are considered a person if you -0028 a An iniii who is a citizen o resident of the United S partnership, c company, or association r ,mated or organized ' in the United States r u nder the laws Qf 1he Un ited States, O Any estate (other than a foreign estate) or trust, See Regulations s ections :30 1.7701 - and a for act ft €anal information. Special rules for partnerships. Partnerships that conduct trade or business in the United States are generally required to pay a withholding tax on any lbraign partners' share o f inGoma from such business. Further, in c cases where a Form W-9 has not been received, a partnership is required to presume that a partner is - foreign person, and pay the withholding tax. Therefore, if you are a L1,S. person that is a partner in a partnership conducting a trade or burin in {the United States, provide Form W to the partnership to establish your U.S. status and avoid withhoiding on your share of pai-tnership income. The person who gives Form W to the partnership for purposes of establishing its U,S. status a rTd a oidi withholding on its allocable share of not income from the partnership conducting a trade or business in the United States is in the following oases: The U.S, owner of a d isregarded entity and not the ent i ty r arc; �to�ttua SURETY BONDS, INC. October 5, 201 Rea Dora Land Company Dear 62 . Wymore Road, Sprite 2 M FL 3275 407-786-777 Fax 4 - 786 -776 888-786-BOND i (2663 Fax 8 (2662 wwwfloridaSuret WC ar th b agent f or .fora Landscaping Company. They ar b on d e d by Th Cincinnati Insurance Company, an A+,XV rated surety 'in the AM Best Guide, ale each project is approvdd on its own merits, Dora Landscaping Company r has the abilit to bond single projects up to an amount of $4 million with an overall aggregate limit o o million. Dora Landscaping Company currmfly has an r, a d unused bondi capacitor of $9 mi llion. Dora Landscaping Company a. an excellent reputation in the community and w value them as a client. We welcome the opportunity to execute the necessary bonds provided they meet the current underwriting guid and the p rovisions are acceptable to both Dora Landscaping Company and Cincinnati hisurance Company. If we can be of spice or should you have any questions'. feel free t contact u s, Sincerely, Florida Surety Bonds, Inc. Donald P. Bramlage Vice President DPB/ 326 S. R idgewood Avenue, Suite #1 Daytona Beach, FL 3211 386 -R00 * Fax 386-898 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Events Name History Detail by Entity Name Florida Profit Corporation DORA LANDSCAPING COMPANY Filin Information Document Number 497861 FEI /EIN Number 591683012 Date Filed 03/02/1976 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 11/07/2011 Event Effective Date NONE Principal Address 4301 HOGSHEAD RD APOPKA FL 32703 Changed 12/01/2004 Mailing Address 4301 HOGSHEAD RD APOPKA FL 32703 Changed 12/01/2004 Registered Agent Name & Address OYLER, JAMES H 4301 HOGSHEAD RD APOPKA FL 32703 US Address Changed: 04/29/2005 Officer /Director Detail Name & Address Title S OYLER, LISA 4301 HOGSHEAD RD APOPKA FL 32703 Title PDT OYLER, JAMES H 4301 HOGSHEAD RD APOPKA FL 32703 Annual Reports Document Searches Page 1 of 2 Forms Help Entity Name Search Submit http: / /sunbiz.org/ scripts /cordet.exe ?action= DETFIL &inq_doc_ number= 497861 &inq_came... 8/13/2012 www.sunbiz.org - Department of State Page 2 of 2 Report Year Filed Date 2010 04/21/2010 2011 11/07/2011 2012 03/15/2012 Document Images 03/15/2012 -- ANNUAL REPORT L View image in PDF format J 11/07/2011 —REINSTATEMENT L View image in PDF format . 04/21/2010 --ANNUAL REPORT L View image in PDF format . 04/28/2009 -- ANNUAL REPORT View image in PDF format 01/21/2008 --ANNUAL REPORT View image in PDF format 04/19/2007 -- ANNUAL REPORT View image in PDF format 06/09/2006 -- ANNUAL REPORT L View image in PDF format 04/29/2005 -- ANNUAL REPORT L View image in PDF format 02/06/2004 -- ANNUAL REPORT L View image in PDF format 02/21/2003 -- ANNUAL REPORT L View image in PDF format 04/03/2002 -- ANNUAL REPORT L View image in PDF format 03/02/2001 --ANNUAL REPORT View image in PDF format 08/08/2000 -- ANNUAL REPORT L View image in PDF format 03/31/1999 -- ANNUAL REPORT L View image in PDF format 05/19/1998 -- ANNUAL REPORT L View image in PDF format 04/21/1997 -- ANNUAL REPORT View image in PDF format 03/14/1996 -- ANNUAL REPORT L View image in PDF format 04/20/1995 -- ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events Name History Submit Home I Contact us I Document Searches I E- Filinq Services I Forms I Help Copyriqht © and Privacy Policies State of Florida, Department of State http: / /sunbiz.org/ scripts /cordet.exe ?action= DETFIL &inq_doc_ number= 497861 &inq_came... 8/13/2012 SUMMARY OF WORK SCHEDULE OF LANDSCAPE MAINTENANCE SERVICES MAINTENANCE CODE FREQUENCY 1. MOW A. WEEKLY 2. TRIM HEDGES B. BI- WEEKLY 3. WEEDEATER C. MONTHLY 4. MULCH -3" DEEP 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 (AS PER SECTION 01100 -11) I. AS REQUESTED 10. ANNUALS J. PER PROGRAM 11. CUTTING NATIVE GRASSES (CUTBACK NO MORE THAN 50%) 12. IRRIGATION MAINTENANCE (SEE NOTES IN EACH LOCATION /SCOPE) Note: Rights -of -way are generally to be maintained a minimum of 5' feet behind sidewalks and fences (furthest from curb line) where sidewalks and fences exist, unless otherwise noted. There are areas where additional mowing beyond 5' behind sidewalks is required. Please visit each site to verify when bidding. 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) 1A,2A,3A,5B,7E,8A, 1 B,2E,3B,4F,5E,8A,6B 6A F 9J 2. SR 434 RIGHTS OF WAY 3. FDOT PONDS 4. VISTAWILLA DRIVE MEDIAN LOCATIONS AND SCOPE 1A,2B,3A,5A,6A,8A, 1 B,2E,3B,4F,5E,6E, 7E 8A 1 B,2B,3B,5B,8B,12J 11 F,6E,7E 1A,2B,3A,5B,6A,7E, 8A,12C 1 E,2E,3E,4F,5E,8B, 11 E 1 B,2E, 3B,4F, 5C,6E, 7E, 8A,12C 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. 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 intersections of Moss Road and Belle Avenue at SR434. 3. FDOT PONDS (SR 434) Pond 1 - at intersection of Consolidated Services Rd. (Sem. Cty. Bus Barn) and SR 434. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance (ITB 005 /12 /SR) 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. 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. SECTION 01100 TECHNICAL SPECIFICATIONS SPECIFIC TASKS (All specifications are as follows unless otherwise specified in the Schedule of Landscape Maintenance Services.) 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 Contractor. 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 (Nov /Dec) in order to keep planted areas neat and freshly maintained. Mulch depth to be a minimum of three (3) inches and placed, not dumped, as well as kept from around the immediate base of plants and shrubs. Pine bark mulch is to 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. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance (ITB 005 /12 /SR) 4.0 WEEDEATING Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. Trimming of grass and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign posts, 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. Weed eating or mechanical trimming of ponds shall be done to the waters edge. 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 Contractor shall be responsible for replacing any plant materials that die or become damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the loss occurs. 7.0 TREE TRIMMING All trees, 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. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance (ITB 005 /12 /SR) 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. 9.0 ANNUALS (As Requested) 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 250.00 billed for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. If there is an additional cost for repairs beyond the maximum of $250, the Owner or City Representative must be given a verbal report of the repair and costs involved before the work is to be performed. No payment will be made for heads or parts damaged by the Service Provider. Service Provider shall immediately repair any and all damaged property within the areas specified in this agreement to meet original specifications with commercial quality irrigation parts. All work performed by Contractor to meet industry standards. 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 Y2 " , clock or wiring problems, or lines under sidewalks or roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead and profit. Contractor is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need to shut down the mainline for any reason, the Owner must be contacted at: (407) 327 -5976. State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance (ITB 005 /12 /SR) Attachment 'B' - Bid Tabulation BID TABULATION CITY OF WINTER SPRINGS, FL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 407 - 327 -1800 ITB NUMBER: ITB -005/ 12 /SR PROJECT NAME: SR 434 LANDSCAPE MAINTENANCE Opened: 3:15 P.M. Closed: 3:20 P.M. Date: 8/6/12 Called By: Steven Richart, Community Development, Urban Beautification Manager Witnessed By: Stephanie Wolfe, City Arborist Company Name: Annan Landscape Co.. LLC. Address: 991 Explorer Cove, Alt. Sprgs., FL 32701 Base Bid: $ 92,400 Company Name: Dora Landscaping Address: 4301 Hogshead Road, Apopka, FL 32703 Base Bid: $ 81,212 Company Name: Eastwood Tuff of Central Florida Address: 1615 Oklahoma Street, Oviedo, FL 32765 Base Bid: $ 94,380 Company Name: Central Florida Landscaping and Maintenance, Inc. Address: PO Box 620645, Oviedo, FL 32762 Base Bid: $ 87,600 Company Name: Dawnalee Corporation Address: 216 Stoner Road, Winter Springs, FL 32708 Base Bid: $ 113,820 Company Name: Groundtek Address: 858 Maguire Road, Ocoee, FL 34761 Base Bid: $ 91,380 Company Name: Reed Landscaping and Lawn Care Address: 397 A Enterprise Street, Ocoee, FL 34761 Base Bid: $ 99,999.96 Company Name: Kirkland's Landscape Maintenance Address: 224 Sterling Rose Court, Apopka, FL 32703 Base Bid: $ 92,080 Attachment 'C' - E- Verify CITY OF WINTER SPRINGS ]nrnrpuralcc[ 1126 East State Road 434 195ry Winter Springs, FL 32708 Mo. • Telephone (407) 327 -5976 srichart @winterspringsfl.org Bid #: ITB 005 /12 /SR — SR 434 Landscape Maintenance Addendum #1 —Date 8/7/12 The Florida Department of Transportation has a new `E- Verify' requirement for contractors/sub- contractors working on their roadways. Since State Road 434 is a highway within their jurisdiction, the City of Winter Springs must also meet this requirement for all Vendors working on the roadway. As a result of this new requirement, the following acknowledgement form must be completed and submitted prior to award and execution of the contract agreement. If you do not agree or are unable to comply, please submit for withdrawal of your proposal within seven (7) days of this addendum. If this form is not completed and returned within seven (7) days of 817112, your bid p roposal will automaticallv be re'ected. Please send all completed forms to: City of Winter Springs, Urban Beautification Manager, 1126 E. SR 434, Winter Springs, FL 32708. Email submissions can be sent to: srichart@winterspringsfl.org Vendor /Consultant acknowledges and agrees to the following: Vendor /Consultant : 1. Shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor /Consultant during the term of the contract; and 2. Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Information and registration for the E- Verify System is located on the Internet at the following secure website address: htti)://www.dhs.gov/files/programs/ac 118 5 2216 7 815 0. shtm Company /Firm Authorized Sigr Title: f