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HomeMy WebLinkAbout2012 09 10 Consent 201 City Row Medians and Ponds Landscape MaintenanceCOMMISSION AGENDA ITEM 201 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 Annan Landscaping Company, in the amount of $119,880, for landscape maintenance services for the City Rights of Way, Medians and Ponds Landscape Maintenance Program. SYNOPSIS: On August 6, 2012, City Staff received five (5) bid responses to ITB 004 /12 /SR for the City Rights of Way, Medians and Ponds Landscape Maintenance Program. Staff is recommending the lowest qualified bidder, Annan Landscaping Company, for award of this contract at a base price of $119,880. Contracting with Annan Landscaping Company for this project will result in a $9,828 cost reduction compared to the current agreement. CONSIDERATIONS: Being the largest and most complex of our landscape contracts, the service area for City Rights of Way, Medians and Ponds includes eighty -four (84) independent locations scattered throughout the City of Winter Springs. The scope of work includes mowing, weeding, edging, shrub trimming, pruning, mulching, litter removal, irrigation maintenance and chemical applications. Five (5) bids were received pursuant to ITB 004 /12 /SR as follows: • Dora Landscaping $178,116 • Annan Landscaping $119,880 • Central Florida Landscaping $104,760 Consent 201 PAGE 1 OF 3 - September 10, 2012 • Eastwood Tuff Turf $123,480 • Dawnalee Corporation $123,636 The lowest bid of $104,760 was submitted by Central Florida Landscaping, however, during our due diligence process it was revealed by Barry Boyer, Director of Purchasing & Distribution Services, Seminole County Public Schools, that a recent contract with this vendor was terminated for non - performance. Central Florida Landscaping was not considered for award in our evaluation due to this fact and other issues of quality from their included references. The lowest qualified bidder is Annan Landscaping at $119,880, whose owner is also a Winter Springs Resident. 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 $111,780, and Storm Water /Utility Line Code (3800- 54682) in the amount of $8,100; over a twelve month period. 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 Annan Landscaping Company for ITB 004/ 12 /SR City Rights of Way, Medians and Ponds Landscape Maintenance Program, at a base cost of $119,880, with the agreement Consent 201 PAGE 2 OF 3 - September 10, 2012 effective October 1, 2012 and for authorization to be given to the City Manager and City Attorney to prepare and execute any and all applicable documents required for this project. ATTACHMENTS: A) ITB 004 /12 /SR SERVICE AGREEMENT (INCLUDING EXHIBITS) B) ITB 004 /12 /SR BID TABULATION C) SEMINOLE COUNTY SCHOOL BOARD - PURCHASING AGENDA 8/25/09 Consent 201 PAGE 3 OF 3 - September 10, 2012 Attachment 'A' - 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 Annan Landscaping Company, LLC. authorized to conduct business in Florida ( "Service Provider "), located at: 991 Explorer Cove, Altamonte Springs, FL 32701. WITNESSETH: WHEREAS, City wishes to obtain landscape maintenance services for the CITY RIGHTS OF WAY, MEDIANS AND PONDS Landscape Maintenance (ITB 004 /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 CITY RIGHTS OF WAY, MEDIANS AND PONDS Landscape Maintenance (ITB 004 /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. 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: CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR 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 Annan Landscaping Company, LLC., a Florida Corporation, and its principals, officers, employees, and agents. d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manager" or "Designated Representative" or "Project Director" shall mean the City's Urban Beautification Manager, or his /her designee, who is to provide the general administration of the Agreement. 3.0 SCOPE OF SERVICES Service Provider shall do, perform, deliver and carry out, in a professional manner, the type of services as set forth in the "Scope of Work," attached hereto as Exhibit `A' and fully incorporated herein by this reference, including but not limited to the furnishing of all labor, equipment, tools, materials, and incidentals. 4.0 AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein, or additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue an Amendment to this Agreement or Change Order and the Service Provider shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. 5.0 SCHEDULE Service Provider shall perform services in conformance with the schedule reasonably established by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule. written consent. No extension for completion of services shall be granted to Service Provider without City's prior CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service Provider a sum not to exceed One Hundred and Nineteen Thousand, Eight Hundred and Eighty Dollars ($119,880). If this Agreement is extended, the total annual amount paid to Service Provider shall not exceed the above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement. 6.2 Additional Services. From time to time during the term of this Agreement, City may request that Service Provider perform additional Services not required under the Project Manual. For those additional services agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the parties in writing. 6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. 6.4 Truth -In- Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the execution of a truth -in- negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS The Service Provider shall maintain records on the City's projects, in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the Service Provider's normal business hours for a period of two (2) years after the Service Provider's final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Service Provider shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due date(s) to the payment by the Service Provider of all monies owed. 9.0 PROFESSIONALISM AND STANDARD OF CARE Service Provider shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed -upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. Service Provider agrees to provide that information within a reasonable time period. CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR 11.0 WARRANTY OF PROFESSIONAL SERVICES The Service Provider (for itself and any of its employees, contractors, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and /or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. 15.0 SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of safety. Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing Services provided hereunder. CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR 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. 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. CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and /or omissions performed by the subcontractor as if no subcontract had been made. 19.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Service Provider. It may also be terminated by the City with or without cause immediately upon written notice to the Service Provider. Unless the Service Provider is in breach of this Agreement, the Service Provider shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Service Provider shall: A. Stop work on the date and to the extent specified by the City. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. 21.0 FORCE MAJEURE Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot, war, sabotage, strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation; order by any regulatory agency, or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW & VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be in the Middle District of Florida in Orlando, Florida. 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION; MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. 26.0 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 27.0 PROHIBITION AGAINST CONTINGENT FEES Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 28.0 NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 29.0 ATTORNEY'S FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 30.0 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 31.0 DRAFTING City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 32.0 NOTICES Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider Annan Landscaping Company, LLC 991 Explorer Cove Altamonte Springs, FL 32701 CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR For City- change. 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; 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. CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR 36.0 ORDER OF PRECEDENCE 36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; C. Exhibits to this Agreement; and d. The Bid documents. 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. 38.0 NONDISCRIMINATION The Service Provider warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, or physical handicap. 39. ARREARS The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. 40. WARRANTY The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. 41. INDEPENDENT CONTRACTOR The Service Provider agrees that it is an independent contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole discretion, supervision, and control. The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 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 CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR 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 CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR Exhibit 'A' TECHNICAL SPECIFICATIONS SPECIFIC TASKS 1.0 MOWING Unless otherwise specified in the schedule of landscape maintenance service chart, the mowing of all grassed areas shall be no less than once every seven (7) days in the heavy growing season. Mowing shall be no less than bi- weekly, or as instructed by the City's Representative, during the dormant growing season. Dormant and growing seasons are dictated by the weather and therefore may change per the City's Representative, but otherwise shall be: Heavy Growing Season - March 1 thru September 30. Dormant Growing Season — October 1 thru February 28. All 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; trash, paper, bottles, cans, limbs, wood 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 clippings and trimming debris will be removed from site as work is completed, or at the end of each day work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until disease is undetectable. 2.0 MULCHING Mulching to be performed during the dormant season (Nov /Dec time frame) in order to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches and placed, not dumped, as well as kept from around the immediate base of shrubs. Pine bark mulch is to be used when mulching. 3.0 EDGING Unless otherwise specified in the schedule of landscape maintenance service chart, edging of all walks, curbs, hardscapes, pavement areas, 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 turf 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 a minimum of bi- weekly or more as needed. 4.0 WEEDEATING Areas inaccessible to mowing equipment shall be kept neat and trimmed with each mowing service. Trimming of grass and weeds around any fixed objects (walls, fences, light posts, light fixtures, equipment boxes, pond structures, sign posts and trees) will be done through chemical control within a limit of six inches (6 ") maximum or trimmer so as not to inflict damage of any kind to structure, equipment or tree. 5.0 PRUNING SHRUBS AND ORNAMENTALS Pruning of plants shall be performed as needed to remove dead wood harboring insects and disease and to promote maximum health and growth. The treating of insects or disease with chemicals shall be done without delay and reported immediately to the City Representative so as to limit losses. Aesthetic pruning shall consist of CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR removal of dead or broken branches. Pruning shall be performed to balance infiltration light to enhance new growth. Small leafed shrubs, such as pittosporum, azaleas and Indian hawthorn, etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more that four inches of new growth appears. Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4" before removal. But at no times are shrubs to display a disorderly appearance. Ornamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other week. Sago palms are to be trimmed a minimum of three times a year, or more often, as needed, depending on growth and health. Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. All ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fern, etc.) are to be systematically checked and cleaned with special attention to early spring cleanup. Trimming of native grasses shall be done in early March and July of each year or as directed by the City's Representative. At no time shall more than 50% of the visible foliage of native grasses or perennials be cut back as this has been proven to stress the plant material. 6.0 PLANT REPLACEMENT The Contractor shall be responsible for replacing any plant materials that die or become damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the loss occurs. 7.0 TREE TRIMMING All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA industry standards. Trimming of all established trees higher than 10' will be the responsibility of the Owner not the Service Provider (palm trees excluded). 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. Palm trees are to be trimmed as often as necessary to ensure the absence of seed pods and /or dead and dying fronds dropping to the ground; and not as severely as the hurricane cut, using the 9/3 rule for trimming structure. Ligustrum and Holly type trees are to be maintained per industry standards with no more than 3 runners visible at any time, or as specified by City's Representative. 8.0 WEEDING Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule, to control weed population, to provide a well groomed appearance, and to maintain healthy plants. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in landscaped areas will be accomplished by hand weeding and /or application of round -up and a pre- emergent herbicide, if necessary. All weeds in sidewalks and /or pavement areas (including curbing) shall be chemically controlled or removed by hand. Non - selective herbicide chemicals that are sprayed on plantings which cause damage will result in immediate warranty replacement by the Contractor. 9.0 ANNUALS (As Requested — Separate Cost) Annuals are to be changed as determined by Owner or City's Representative for each seasonal change. A schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to consist of 14 -14 -14 with Granular fungicide and Cavalier Subdue GR. along with any added soil preparations or enhancements needed to facilitate strong healthy growing annuals. CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR 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 proper coverage, including straightening, adjusting the output of water, adjusting spray pattern, and unclogging 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. 8. 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 200.00 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 $200, 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 must meet or exceed 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. 11.0 CHEMICAL PROGRAM FERTILIZATION /PEST CONTROL- TURF The program shall be in accordance with the University of Florida Cooperative Extension Services yearly Calendar for St. Augustine sod care and culture, and good horticultural practice. The program shall be based on soil samples taken at random from various areas of the site, in sufficient number so as to be characteristic of the areas to be fertilized. The cost of the securing and analyzing the soil samples shall be included in the bid. The results of the soils sampling shall be reported to the City representative. Soil amendments, nutrients, pesticides, fungicides, and any other chemicals deemed proper and beneficial or are required to maintain the turf and plant material by the Contractor shall be included in the fertilization program at no additional cost. All fertilizers shall contain minor elements. A minimum of six (6) fertilization (3 granular) and insect and disease applications shall be applied on all St. Augustine grass annually at approximately two -month intervals. Additional spot treatments may be needed in certain areas due to various conditions that may occur, such as an outbreak of chinch bug activity or a fungal outbreak. Such additional treatments shall be deemed to be included in the contract price. CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR One (1) fertilization (granular) shall be applied on all irrigated Bahia grass annually in mid - summer (unless otherwise specified). Spot treatments of insecticide and /or fungicide may be necessary throughout the year due to varying field conditions. Such additional treatments shall be deemed to be included in the contract price. Applications of fertilizer shall follow Cooperative Extension Service suggested guidelines and sound horticultural practices. Any turf areas or landscape materials, killed or damaged as a result of over - fertilization will be re- established to an acceptable condition. FERTILIZATION /PEST CONTROL -TREES AND SHRUBS The spraying of irrigated shrubs (and trees less than 4" caliper) shall be done in accordance with F.S. Chapter 482 Pest Control and suggested methods of the Cooperative Extension Service. A minimum of three (3) applications (2 granular) of fertilization, insect, and disease control material shall be applied to irrigated shrubs (and trees less than 4 caliper) during the contract period. Additional spot treatments deemed to be necessary for the effective control of harmful disease and insect infestations shall be applied as needed. These additional applications shall be deemed to be included in the contract price. PLANT REPLACEMENT The Contractor shall be responsible for replacing any plant materials or sod areas that die or become damaged to the point that the plant grade drops below Florida Number 1 as a result of neglect or damage by the Fertilization, Pest, or Disease Control Program operation. Replacement material shall be identical to plant species, quality, and specifications of the materials at the time the loss occurs. TURF, TREE, AND SHRUB CARE PROGRAM TURF ANALYSIS Lawn analysis reports are to be provided to the City Representative at each service. Items to be evaluated are as follows: Overall Turf Condition Thatch Color, grade, density, and maintenance condition Thatch problem evident, Thatch present, but no problem at this time, No thatch problem, Renovation recommended, and Vertical Cutting recommended Presence of Grass -type Weeds Annual bluegrass, Quackgrass Crabgrass, Sandbur Dallisgrass, Sedges, and Gooseg rass, S m utg rass Presence of Broadleaf Weeds Betony, Knotweed, Black Medic, Lespendeza, Buttonweed, Matchweed, Centella, Oxalis, Chickweed, Plantain, Dandelion, Pusley, Dollarweed, Purslane Ground Ivy, Spurge, CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR Henbit, Thistle Beggarwood. Detection of Insects Armyworm, Fire Ant, Chinch Bug, Mole Cricket, Cutworm Sod Webworm. Detection of Diseases Brown Patch, Fairy Ring, Dollar Spot, Leaf Spot, Grey Leaf Spot, Necrotic Ring Spot, Pythium Blight Root Rot. TREATMENT White Grub, Ox Beetle Timely and prompt treatment is to be performed on all areas detected with problems and areas at risk. A 7 -10 day follow -up appointment is to be set with the City Representative to ensure eradication of disease or pest problems. Subsequent visits, if necessary, are to be scheduled until the problems no longer exist. DAMAGE /REPLACEMENT Damage to materials and any required replacements are to be addressed no later than thirty (30) days from the date of detection. PROJECT PROGRAM The turf program will consist of both pre and post emergent weed controls, fertilizer with potash, micronutrients and iron to encourage proper growth, root development and maintain a lush, green conditions that is expected. In addition, a disease control for broadleaf weeds and a blanket insecticide control to target specific pest populations especially sod webworm, chinchbugs and mole crickets. Crabgrass is to be addressed as required by applying a herbicide directly onto the infested turf areas while limiting application to only crabgrass infested areas. Chemicals for crabgrass treatment are changing and new applications approved for treatment of crabgrass may be used as needed and /or specified by the City of Winter Springs. The ornamental program will consist of insect controls to effectively control sucking and piercing insects such as aphids, lacebugs, whitefly,scale and trips. The insect control will be a combination of a granular systemic control, and liquid insecticides. Fertilization of micronutrients and iron shall be used consisting of a specially blended slow release granular fertilizer for timely feedings of plants. Liquid tree injections may be done on an as needed basis. The Contractor must stagger the treatments of the turf and the ornamental applications so that someone will be on the property twelve (12) times per year. After each treatment is performed, a detailed report shall be submitted to the Owner /Representative for analysis and discussion. CITY ROW, MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004 /12 /SR SECTION 00300 L GENE 1A Description BID FORM Th f Bid is hereby ma de to the Cily of Wintet h ereaft er called the OWNER, Bid is mit (Insert legal na address, a wh sale proprietorship, partnership or corporation.) 1,2 The i . A . AcknoWledges receipt f: Project Manual fog' the Landscape Maintenance Services — Rights of Ways, Medians and Ponds 2 , Electronic l ocation ma Adobe , pdf format 3 . Genera N /Details 4. Addenda: Number , dated Number , dated „.. B . Has ex the site and all Bidding Documents and understands that in sMi his Bid, he waives all right to plead any mlsundemtanding regatding the same G. Aq reesY 1 . To ■ old thi id Appel F for 0 calendar Ti ar days aft er the bid opening d ate. 2v r it n execute (� co with the W , if awarded on the bas of this Bid, 3 . To accomplish the work in c arch with the cantraot �' do cuments . 4 , p rovide a ll request information a nd compl all forms, 1.3 Stipulated Aniount A . Base Bid I will provide the services under this project € r the yearly Base Bid Amou . Do ll a r s�. ; fy ` BI .c Base . amount v rice or the following Services (check h P �� F * Chen fical Program CITY RIGHTS OF WA '. MEDIANS AND PONDS LANSCAPE MAINTENANCE B110 ITR 0 12/S ,w The Bidder hereby agrees to perform all work as required by the Contract Documents for t following Unit Prices, A H work required performed by the Contract Documents is to be included within the following Pay Items, inclusive ni yin all manpower equipment matencils and pe rformance of all ope rations relative to the project. Work for which there is not Pay Item will be considered incidental to the Contract and no additional wmpensafian will be allowed. The Owner, at his sole option and discretion, may choose to add or deduct from t he contract work at the unit Ows set forth below. Service Providei shall be paid for actual quan tifles completed in accordance with the Contract Doru ments. The fallowing is the order of prec edence which will be used in case of 1confl within the Bid Schedule p rovided by each Bidder Unit Cost Total Cost, Total Base Bid (See attached Bid Form). 1 .5 Bid Schedule A , Proposals (Bids must be sub in triplicate on the Bid Form. B. i have attached evidence of qualification and licensing to in in the State and 1=11fty of 1=11f this project. I have attached a list of all subcantractors i will ublize for the CoritTact "r k. I have attached all requested support documentation intluding pest control and irrigation ficenses- 1.6 Submittal RE SPECTFULL , YSUBMITTED, signed and sealed this 4A day of 201 X B Title's ,�- .�- .� '-T" S ignatur 'e Businds Address -ere, r - -- _._. �......�,..,�..�.. -. - �, T A TTEST , SECRETARY i SEAL Wi THN BOX. 2,.1 1 ' , e . If the p i s i n LIX, please 'it-I l kh's ill the b ox. CITY RIG WrS OF WAY, M MANS AN D PONDS LANSC APE MAITNTEN ANCE BID# ITH 004112t.SR B ID C SHEM PROPOSAL BID FOR C ITY OF WI NTER SPRINGS The undersigned hefeby declares that after carefully examining the specifications for. Bid # ITS 004/12 /5Fi A m fully aware of all conditions affecting such work /items, for which bids were advertised to be returned by does h ereb y submit the following bid for completion of said w rkl&m. Total bid price for LANDSCAPE MAINTENANCE SERVICES FOR CITY RIGHTS OF WAS', MEDIANS AND PONDS per specifications is a follows: IT & pE CRIPT[C7N I�i�#NTN Y S X N MB LANDSCAPE MAINTENANCE COSTS RIGHTS -OF -WAY C ITY H TS OF WAY ;N1 ED A PON DS ANSC PE+ MAI NT E A xE I JTB 004/1.21SR N. Edgemon A .O.W. $ .0..�.. 2 2 , Ave N, E 4 7 [ em Medians y $ ' 12 � $ . I V.'" 3. Bombay Ave R. ,W. 12 - $ 4, S. Ed m VF' 7 Ave R.O.W. a FPO E . 2 5, S. Moss Rd I slands $M... &.-:E - 2 $ i 2 au.- . 6 , MUrphy Rd Islands �,.�.� . x 12 - $ 1 7 . S. Egn Islands 2 AW O 8 , Lombardy Canal x 12 $.jLtLP . 9. S Flamingo Canal ,.. �' x 12 10 . Burgos E asement 2 • $. 11 Bur R.O.W. x 12 $ 14 2 . S Mo R. . W} $ .&o rMI+h x 1 2 13 , Bayberry Ct Island $ .-,. za . x 12 14 w Dogwood Ct Island $2.0 x 12 �, 15. Lombardyffiurgos R.O.W. $...,,.5 . _ x 12 1 6 , C Ct island 2 17 , Cypress Ct Island $_....Z .Yw x 12 $ µ 18. S Moss rigR4 2 �... 9. Murphy Rd R,.W. F PC Easement x 12 $.,.�o 20, S E dgemon Bridge/R.O.W. $ - x 12 2 Murphy Rd 1WTR..WY ,�. .�,� x 12 22- Charles St. Island $ "` 2 23. Sherry A v e Rt NWY x 12 q 24- Sherry Ave Medians �,�,�,��� �,,, x 1 25. Wade Street Medians $ ar x 12 • # 27, Pearl Rd Islan x $ �C> 28, yes Rd Bridge $ z4 x r C ITY H TS OF WAY ;N1 ED A PON DS ANSC PE+ MAI NT E A xE I JTB 004/1.21SR 29. S. Moss Road Swales � �+ � x 12 �. 30h Panama Road S k 3 1 , Hay es Roa R .O.W, Sw l es �+��iw� 12 = � 32. Fisher Rd R. ,W,,& Field x 12 - $ O 330 Alton R Bridge/R.O.W. $..1 x 1 2 34 ,. Shor Rd Bri $ y 2 35. Mockingbird Easement/R.O.W. x J . 36. Oak Rd Island $. CL. . 2 �,...��.. 37 . Shore Culver x 1 38. George St. R. 0,W. x 1 2 39 , N M Rd R.O x 12 � 40 . Highlands R .O.W. & Courts x 12 41 , Dyson B ridge $.....96.. x 12 • 2. SeneGa Blvd R.O $ .Ag iiJA►Y x 12 4 3. Gary Hillery Drive R,O,W, $.. L . x 12 $ • Winter Springs B lvd R. .W $.x... x 1 2 "" $ 5. Northern Way r . ,W, x 12 - 46, Northern Wa Brid �sv x 12 Y ,, G Y e i R Fw ' . I WY - ., x 12 ' = J/w l A.i 4 Winter Springs Bl B � 2 � $ &&8 ..... 9r N. Tuska willa R d. Parking 7 ROW Extensi $ = $ Iww y-c-> 50. Sequoia Ct Islands $�....� x 12 = 51. Tr Blvd. (Oa Fore �. x } 1 52. Wagner's Curve ` x 12 # $ 6 2 , Do ra n Road • #. . W t $ Y YI4M/ 12 IMS 3* First Street R.O.W. x 12 $,,� 64 . Panama Road R.O.W, x 12 - $ �z 65, Hayes Road R.O.W. x 12 66. Sam Smith Park R. O .W. X 12 $ &oO . ...._ 6, P apaya FPC Easements 2 x 12 $..LoL7 Wint Springs Blv — Oa Fo r est R, -K x 1 2 $ .IREy 9. R.00. LAW LR 1 F S Y Tw x 1 70. Chokecherry R.O.W, $,- So x 12 � 7 Sequoia R .O.W. x M $ i ........ ..... . . ,�.,F 72, Chokecherry R.O.W. ��,. 4 1 73. Shetland R.0,W. x 12 4, Northern Way at Tuscora R.O.W. x 12 � V0 5. Vistawilia Cross Seminole Trail R.0,W. x Tusco Cross Seminole T rail R.O.W. YJ.M! x 12 - Northern Way Southern Loop R.O.W. x 12 $ 8, Greenbriar & North W E asem e nt Y $ x 12 � $ k�(o 79 . Fish Road Medians Y • R.O.W. $_&o x 12 Ar G Ch Lee Ciro le ,0-W. x 81. North rT Way ROW ( S ou thern e l W+l�MY1.. x 2 �+ �+IMYhhMI� 1Y�11eI�PilYlf 8 2. Orange Avenue R.O.W. $, {x 12 8 3. Northern W y Golf R $_. 0 12 84 . Shepard Road R. ,W. $ ... x 12 $ - ztV RIGHTS OF WAY SUBTOTAL CITY RIGRTS OF WAY, , E. " AND PONDS LANSCAPE IN I. ITS 004/1.2/SR. RETENTION PONDS 53. Gary Hills Drive Pond 54. Donut Lk/S, Edgem 55. Donut Lk/Murphy Lk/Murphy R 56. M. Laurel Pond 5, Freedom Ln Ponce 58* Baltic Ln Pond 59. Brooks C* Pond 60. Venture Ct. Pond 61 , Seneca B lvd Pond RETENTION PONDS SUBTOTAL TOTAL F OF WAY AND PONDS LANDSCAPE MAINTENANCE COSTS 2� x2� 0 x2� $, 20 , x 12 $ o x 12 $� �o 2 $. Wx r x 1 $ ., (e � $ /-/0 x ��'i►N. a - --- *may' #++• s b IRRIGATION MAINTENANCE COSTS 2. N E Ave Medians 5. S. Moss Rd Islands Murphy Rd Islands `. S. E Islands 22. Charles S} Island 24. S Ave M 25Y Wade Street Medians 26. Hayes Rd ROW 38, George St. R,-O-K 3, Gary Hillery Drive R.O.W. 5. Sequoia Ct Islands 8 1 , Northern Way ROW (Southern Bell) TOTAL IRRIGATION MAINTENANCE CC}57S CHEMICAL PR 2. N. E Ave Medians 5 S. Moss Rd Islands 6. Murphy Rd Isis 7 , SY Edgemon Islan 22 Charle St. Island 24 . Sherry Av Medians 25, Wade Street Median 26. Hay R R .O.W. X Oak Rd Island 4 3, Gary Hillery Drive ..Ww 0. Sequoia Ct I s l and 79. Fisher Road Medi and R . O .W. 2 $� X 12 � 2ffh.$ .gQp, $ - x 12 $ �D �� x2� x 12 x 12 2 $+wwwjeo > * 12 O x 1:2 x12$.6 Cff V RIGHTS OF WAY, MEDIANS AND PONDS LANSCAPE MAINTENAINWE RW# IT8 004112/S x 12 $,dQ.0. $ 5 $.2pO 2 $ 240 12 2 x12 $ 0 $ Z x 2�$ We.� x2 $ au �O !'O x 12 Z 2 -$ CHEMICAL PR 2. N. E Ave Medians 5 S. Moss Rd Islands 6. Murphy Rd Isis 7 , SY Edgemon Islan 22 Charle St. Island 24 . Sherry Av Medians 25, Wade Street Median 26. Hay R R .O.W. X Oak Rd Island 4 3, Gary Hillery Drive ..Ww 0. Sequoia Ct I s l and 79. Fisher Road Medi and R . O .W. 2 $� X 12 � 2ffh.$ .gQp, $ - x 12 $ �D �� x2� x 12 x 12 2 $+wwwjeo > * 12 O x 1:2 x12$.6 Cff V RIGHTS OF WAY, MEDIANS AND PONDS LANSCAPE MAINTENAINWE RW# IT8 004112/S kL CHEMICAL PROGRAM COSTS GRAND TOTAL &an e + trri: ation + Chemical U NIT CO The Bidder a grees with all conditions herein stated, proposes to contract, to the Base Bid sums, with the Owner the following Unit Materlai costs which shall be paid on the basis of approved documented cost plus 1 5% fo ov erhead and profit, res in addition$ to r deductions from the Base Bid as ows: UNIT PRIG #1 V �` � �� -,�r�� °� �'� �c Additional Mu ch ln�t filed {Labor) $ �r� "" ;rA . ez EA, UNIT PRICE #2 Irrigation Repairs and Troubleshooting beyond Contract Requirements: Labor $ per hour EmeFecy Clt per hour UNIT PRICE #3 Additional Material Cost t furnish ( not install).-, 610 A45 '� Rotors $ each Pop Sprinklers $ each Shrub Spray Heads $ each Vies - 314" $ each Valves - " $ each Valves - 1 -1/2 $ each Valv - 2 $ ea ch OS St a.) Controll 1 $ each UNIT Price #4 Additi Mat erial Cost to fu and install plant mei,Y Gal. $ each 3 .Gal V $ each 1 5 Gal, $ eac Ann uals (4 7x) $ .. each ` V R IGHTS OF WA Y a M I N ' DS LANSCAPE MAINTENANCE ITB 00411 S MMOLE COUNTY BUSINE SS TAX Rlrq -A T, X C( L ECT( "' V. LOE-S, S-KINTINOLeE `F .f A I I 3R q 4 L T'N y Ox Off Sim ford, frl, 32T7 2-06,H) TO vphaac,,, 4wr V&LIDTHROUGH (19/30/12 ANNAN LANDWAPE CO 991 FXPI..,,ORER COVE #133 Account #*r 1,38486 r ALTAMON SPRJN(.-��S, Flo 32701 REGRIIA"MD S"COTTANNAN ( OFFICER ) Liecose 4723-M-71 TRACEY A NNAN(OFFICER te R.. lS-)-72!0.jlj . , Date Paild: 09112/20 1-1 ORAS'GE COU']XTY AM EN T '%v F L 0 It T­­b­­A" VN E, V E*RN"M-E-N-.T �R Maim. CITY OF WINTER SPRINGS A 0 LICENSE 1126 East State Road 434 `inter Springs, FL 32708 O w nO es N aild Mailing re SCOTT LEE NNN 99 " EXPLORERS COME ATE ALTAM $ RIN GS, FL 32701 Tax Yea 20 1 l y 2 1 ' � 091301201 B usi ness Loc ation-, {, ' °.''';,' !' 3- `•':C�" r,: ` } +�? k,,���y'r..' .: � , , ' 'x•� ' �'' • ':r ,; ,1 #_� ;:���5' �� "" ti1 5 .�.} � - 4r Na 991 EXPLORER COVE STE 1, -:- ;h R f � 4 �� Ty{ 7 +'', � v " .}�"} NN 3 CAPE CO U-C 2 r. k'r L '� - r - ''S; t - ti' ': ,•{ ,r,tir�- �•�•• 1 �y�F :r�ti ,e `$�i�4, "J, :�; { �;; ?ti',. ., sy��`d•f'.,�' }f'�;•_.I ;'tir. ;'�.�,�'� "� ':':�,` {`,;�•' ;k, . .5•. #�'�;,'k; ;��., • 7 f r'\1 •3 . '` 1 ' �4, • r 3. 4 - `� ••'41' ;y k „ 1 4 +' ,* � -. �',, � 7 � +�5 " t� # ��•f• , �` f'. r��•`.'.*. '4s kk .C:"'�+3.•� . 'f. 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Ft. 1270 ; r f a D �� ' A ' o re ; and -C S Me ' S+rv�' Dpi MOO W HO* fo#_' Address, R' ANNAN L* . k 4A 941 i RE .; R ♦ �� 1 r -,F _ondcil State . 0 rvl � , -„ - .s-� i� �� r.. � -i .�• �� �.� f �.� .. r ..1 �� �'�.. �} � � h..1 .r • � { i— � t �' • � �„ - ,� ..� „, � � i � � - i M r i w � �s - r. ., wy � i i i i .�. r �. � • - Deb - �m ' n . + Consumer- -S Os. 1) . 1 _EW; 'POST Li '. A --pqt ducts C o 00t ON : 6 ' i ! Sued Ur a € th0fit iPPAW n 60 '1 " } . 118060- 3 t t� ANNAN CAPE Go tic LM-' 0 0. = 991 VEY, . _ ; t .. ',�: 'mOnWtvw�: JAMES LTURE www.sunbiz.org - Department of State Home Contact Us E- Filing Services Document Searches No Events No Name History Detail by Officer /Registered Agent Name Florida Limited Liability Company ANNAN LANDSCAPE CO., LLC. Filin In formation Document Number L04000078763 FEI /EIN Number 201823134 Date Filed 10/29/2004 State FL Status ACTIVE Principal Address 991 EXPLORER COVE STE 133 ALTAMONTE SPRINGS FL 32701 Changed 03/01/2005 Mailing Address 991 EXPLORER COVE STE 133 ALTAMONTE SPRINGS FL 32701 Changed 03/01/2005 Registered Agent Name & Address ANNAN, SCOTT 204 ARROWHEAD COURT WINTER SPRINGS FL 32708 Manager /Member Detail Name & Address Title MGRM ANNAN, SCOTT 204 ARROWHEAD COURT WINTER SPRINGS FL 32708 Annual Reports Report Year Filed Date 2010 01/26/2010 2011 02/15/2011 2012 01/09/2012 Document Images 01/09/2012 -- ANNUAL REPORT View image in PDF format Page 1 of 2 Forms Help Officer /RA Name Search Submit http: / /sunbiz.org/ scripts /cordet.exe?action= DETFIL &inq_doc_ number= L04000078763 &in... 8/13/2012 www.sunbiz.org - Department of State 02/15/2011 --ANNUAL REPORT View image in PDF format 01/26/2010 -- ANNUAL REPORT View image in PDF format . 03/03/2009 -- ANNUAL REPORT View image in PDF format . 03/12/2008 -- ANNUAL REPORT View image in PDF format . 02/14/2007 -- ANNUAL REPORT View image in PDF format 01/18/2006 --ANNUAL REPORT View image in PDF format 03/01/2005 -- ANNUAL REPORT L View image in PDF format 10/29/2004 -- Florida Limited Liabilites I View image in PDF format Note: This is not official record. See documents if question or conflict. No Events Officer /RA Name Search No Name History I Submit Home I Contact us I Document Searches I E- Filinq Services I Forms I Help Copvright © and Privacy Policies State of Florida, Department of State Page 2 of 2 http: / /sunbiz.org/ scripts /cordet.exe? DETFIL &inq_doc_ number= L04000078763 &in... 8/13/2012 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 -004/ 12 /SR PROJECT NAME: CITY ROWS, MEDIANS AND PONDS LANDSCAPE MAINTENANCE Opened: 3:00 P.M. Closed: 3:05 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: $ 119,880 Company Name: Dora Landscaping Address: 4301 Hogshead Road, Apopka, FL 32703 Base Bid: $ 178,116 Company Name: Eastwood Tuff of Central Florida Address: 1615 Oklahoma Street, Oviedo, FL 32765 Base Bid: $ 123,480 Company Name: Central Florida Landscaping and Maintenance, Inc. Address: PO Box 620645, Oviedo, FL 32762 Base Bid: $ 104,760 Company Name: Dawnalee Corporation Address: 216 Stoner Road, Winter Springs, FL 32708 Base Bid: $ 123,636 Attachment SCPS Purchasing Agenda THE SCHOOL BOARD OF SEMINOLE COUNTY FLORIDA Purchasing and Distribution Services Department 400 East Lake Mary Boulevard Sanford, FL 32773 -7127 PURCHASING AGENDA EXECUTIVE SUMMARY BID & RFP RECOMMENDATIONS Board Date: August 25, 2009 (ADDENDUM) Title: 2. Amended Bid Award /Termination of Contract: Grounds Maintenance Services, #103171 Description of Purchase On August 18, 2009, the contract with Central Florida Landscaping &Maintenance, Inc. was terminated. Nanak's Landscaping, the next lowest bidder, has agreed to provide the services as required by the bid for school district sites. Recommend the award of the remaining term of the contract to Nanak's Landscaping. Requisitioning School or Department Facilities Services Department Purpose or End Use Contract out of grounds maintenance throughout the district. Supplier Name Nanak's Landscaping, Longwood, FL Total Cost and Fund Source Estimated Additional Cost: $ 189 New Total Cost: $ 517,197. General Fund — Regular Operations Type of Purchase SCPS Bid #103171 Other Reference The Board approved the original bid award on April 14, 2009 and amended August 11, 2009. Submitted: Barry G. Boyer, C.P.M., Director v ' 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 Annan Landscapind Company.LLC..authorized to conduct business in Florida("Service Provider'), located at:991 Explorer Cove,Altamonte Springs. FL 32701. WITNESSETH: WHEREAS, City wishes to obtain landscape maintenance services for the CITY RIGHTS OF WAY, MEDIANS AND PONDS Landscape Maintenance°TBA0482/SRg 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 CITY RIGHTS OF WAY, MEDIANS AND PONDS Landscape Maintenance (CM 00412/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 ack ow|ed emthetdhaminvestigatedphmrtotheememubonof this Agreement and satisfied itself as to the conditions affecting the Services. the availabil of materials and |abor, the cost thereof, the requirements to obtain necessary insurance as set forth henein, 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 (5) one-year pmdode. 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 The City manager shall recommend a one (1) year extmnmioncxbenninadon. 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 by0heBureaumfLebor Statistics of the U.S. Department of Labor for 1082-84. or the successor index to same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. 2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: CITY ROW NIU)IANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT LUDO 0[I1VO4/12/SR ^ ^ � a "Agreement" or "Contract" shall be used interchangeably and shall refer to this �m�e�Um�wh���u�e�u���o�m�n Agreement,~~.~.~~==^ for the Service Provide to provide the maintenance service 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 mhoU go into effect. The Agreement shall not go into effect until said date. c. "Service Provider" shall mean Annan Landscaping Company. LLC., o 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 shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Man r"or^OesiQnated Representative"or"Project Director"shall mean the City's Urban Beautification yWanaQer, or his/her designee, who is to provide the general administration of the Agreement. 3'0 SCOPE OF SERVICES Service Provider shall doperform, deliver nd carry out, in 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 rdinal 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 themeio, 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 cha 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 iomhucts, in writing, the Service Provider shall suspend work on that portion of the work affected by a contemplated ohange, 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 wo k 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 i City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule. No extension for completion of services shall be granted to Service Provider without City's prior written consent. CITY ROW,MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BIDwN[Boo412/SR . ' ^ ' 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the C Service Provider a sum not and Nineteen Thousand. Eiqht Hundred and Eighty Dollars ($119,880). 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 uf this Aon*ement (�hy request that Qen�ueProvider perform additional Sen�oeenot required underthe Project Manual For those^ �'-~ —�aen/icem agreed upon the City and Service Pnuv�erinwddn0, Qb/agrees to pay SemioeProvider o oba 'anm' rtequa| ���m��Uymg��up��t����|nw��. amount 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 pnncipa{a, employees, and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due withi thirty (30) days of receipt of� proper City for actual vwnMkpmn��- - ` 6.4 TruthU -NCertificate. Signature of this Aoreementhy the Gmmi#sProvider whmUa� mo the mmxaou*ioncfmbuh-in-negoUatinnce�i�cabace�fxin0t�tthe Agreement the compensation provided for in this Agreement are oonurmNe, 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 inepeuUon, 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 (excludin stablished o 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 overcha 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 ca out i a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS Service Provider shall submit a monthly written progress report as to the status of all VVmrK 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. cury ROW,MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT 13UD* ITS 00412/SR . , ` ^ 11.0 WARRANl�'OF PROFESSIONAL SERVICES � TheGervica9mvider (for itself and any employees, partners, and agents rform th Services) h by warrants unto the C partners, and agents used to perform the Services)have sufficient experience to properly complete Service Provider shall supervise and direct the VVo, using its and attention and shall enforce strict discipline nd good order its employees.Work, Service' l comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the poxwer, autbohh/, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, de|iveq/, 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 suth that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its contraoYoos, paMnerm, 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 contnacVz , between the City, on one hand, and the Service Provider, its ountr*obony, pahnmra, employ*wes, or agents. during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING City Project Manager may hold periodic p 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. 16,0 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 i 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 pdnm|pa|o, enop|oyemo, contreotors, and agents while performing Services provided hereunder. CITY ROW,MEDIANS AND PONDS LANSCAPEMaKwT0NANCE AGREEMENT RKD# VTS 004/12/SR 16.0 INSURANCE Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Service Provider shall make this same requirement of any of its subcontractors. Service Provider shall indemnify and save the City harmless for any damage resulting to them for failure of either Service Provider or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain during the term of this Agreement: COVERAGE MINIMUM LIMITS General and Auto Liability $500,000 per person/incident/$1,000,000 incident Professional Liability (if applicable) $1,000,000 Worker's Compensation Statutory Neither Service Provider nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of a Certificate of Insurance and endorsement, The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of"A", and a financial class of"VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence. not Claims Made, forms. The contractor's insurance policies should be endorsed to add the City of Winter Springs as an Additional Insured. The Service Provider shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30)calendar days written notice have been given to the City by certified mail. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS In the performance of work and services under this Agreement, Service Provider agrees to comply with all Federal, State and Local laws and regulations now in effect,or hereinafter enacted during the term of this Agreement that are applicable to Service Provider, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. All books,cards, registers, receipts,documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit. 18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law, Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law, 19,0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement. or any rights or any monies due or to become due hereunder without the prior,written consent of City. CITY ROW,MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BII)# ITS 004/12/SR , . ^ ' 19.2 If upon receiving written approval from C1b/, any part of this subcontracted by responsible b|etu�ty��a|} ac�e 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 Aonaenmert. Ci� mhmUaonod�SemhePnmider who wh�|�kaimmedia�o�pe��me y�eoi�ation. Agreement, If any part of thi subcontracted b 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 pmness, 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; (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 Majoure 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 Cpunh/, Florida. Venue for any federal action or litigation shall be in the Middle District of Florida in Orlando, Florida_ 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERAs;urt 24.1 In the even part thereof of this Agreement is deemed i U void. or otherwise unenforceable by a d�eof�mhyd, parties, discretion�he and option the City, shall— negooa$yanequ|ta�ea�ue��entm provision ofth|oAgnaan�en� veUdbyand enforceability oy the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION; MODIFICATION 25.1 The dnafting, execobon, 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 CITA' ROW,MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT B0D# VTBm0,1/1Jx9R embodies the entire understanding of the parties,and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. 26.0 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 27.0 PROHIBITION AGAINST CONTINGENT FEES Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 28.0 NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 29.0 ATTORNEY'S FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses(including taxes)even if not taxable as court costs(including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 30.0 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement but such counterparts shall together constitute but one and the same instrument. 31.0 DRAFTING City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 32.0 NOTICES Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider: Annan Landscaping Company, LLC 991 Explorer Cove Altamonte Springs, FL 32701 CITA ROW,MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BIM tTB 004/12/SR For City: City of Winter Springs Urban Beautification Manager 1126 East State Road 434 Winter Springs, FL 32708 Phone:(407)327-1800 x315 33.2 Either party may change the notice address by providing the other party written notice of the change. 34.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100.000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence. exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 35.0 INDEMNIFICATION 35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys(individually and in their official capacity)from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings),directly or indirectly arising from: a. any default under this Agreement by Service Provider; b. any negligent act. omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals, agents, independent contractors, and consultants, c, the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, contractors, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's, and its employees, partners. contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees, partners, contractors. and agents performance under this Agreement: e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, contractors, and agents on the City under this Agreement. 35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City, as the case may be,of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its commissioners,employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. CITY ROW,MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BIM 17B 004/12/SR 36.0 ORDER OF PRECEDENCE 36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider. the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement: c. Exhibits to this Agreement;and d. The Bid documents. 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. 38.0 NONDISCRIMINATION The Service Provider warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race,color, religion, sex, age, national origin, or physical handicap. 39. ARREARS The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt. obligation,judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. 40. WARRANTY The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. 41. INDEPENDENT CONTRACTOR The Service Provider agrees that it is an independent contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole discretion, supervision, and control. The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 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 (:11"1'ROW,MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004/12/SR 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: Arr , Alas Name(Printed and Signed) AO de/yr- Title //// Date' CITY: CITY OF WINTER SPRINGS LOMA - A Florida municip I cor 11/4. KEV7TH IN . SMI City anager September 12, 2012 Date I • ES : , P'd A , ORENZO-LUACES, City Clerk ory ROM',MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BIM [TB 00,I/12/SR E' h:i,bit 'A' TECHNICAL SPECIFICATIONS SPECIFIC TASKS 1.0 MOWING Unless otherwise specified in the schedule of landscape maintenance service chart, the mowing of all grassed areas shall be no less than once every seven(7)days in the heavy growing season. Mowing shall be no less than bi-weekly, or as instructed by the City's Representative, during the dormant growing season. Dormant and growing seasons are dictated by the weather and therefore may change per the City's Representative, but otherwise shall be: Heavy Growing Season -March 1 thru September 30. Dormant Growing Season--October 1 thru February 28. All 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; trash, paper, bottles, cans, limbs, wood 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 clippings and trimming debris will be removed from site as work is completed, or at the end of each day work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until disease is undetectable. 2.0 MULCHING Mulching to be performed during the dormant season (Nov/Dec time frame) in order to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three(3) inches and placed, not dumped. as well as kept from around the immediate base of shrubs. Pine bark mulch is to be used when mulching. 3.0 EDGING Unless otherwise specified in the schedule of landscape maintenance service chart, edging of all walks, curbs, hardscapes, pavement areas, 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 turf 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 a minimum of bi-weekly or more as needed. 4.0 WEEDEATING Areas inaccessible to mowing equipment shall be kept neat and trimmed with each mowing service. Trimming of grass and weeds around any fixed objects(walls, fences, light posts, light fixtures, equipment boxes, pond structures, sign posts and trees) will be done through chemical control within a limit of six inches (6") maximum or trimmer so as not to inflict damage of any kind to structure, equipment or tree. 5.0 PRUNING SHRUBS AND ORNAMENTALS Pruning of plants shall be performed as needed to remove dead wood harboring insects and disease and to promote maximum health and growth. The treating of insects or disease with chemicals shall be done without delay and reported immediately to the City Representative so as to limit losses. Aesthetic pruning shall consist of CITY ROW,MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BIM till 004/12/SR . . . . removal of dead or broken branche Pruning shall be performed to balance infiltration light to enhance new growth, Small leafed mhruha, such as pittosporum, azaleas and Indian hewtMmrn, 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 ahrubs, such as viburnum, may attain new growth reaching from 2^ho4°before removal. But at no times are shrubs to display a disorderly appearance. Ornamenba|a, 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 eve other week. Sago palms are to be trimmed a minimum of three times a year, or mare often, as nowded, 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 himm| 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. Innbaad, hand pulling or aggressive trimming routine is to be established. All ornamentals that produce any dead fronds (i.e., coonhe, sage, aztec gromm, holly hynn, ehc.) are to be systematically checked and cleaned with special attention to early spring cleanup. Trimming of native grasses shall be done in early March and J by the City's Representative. At no time shall more than 50%of the visible foliage of native grasses or perennials be cut back as this has been proven to stress the plant material. 6.0 PLANT REPLACEMENT The Contractor shall be responsible for replacing any plant materials that die or become damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the loss occurs. 7.0 TREE TRIMMING often ic safet i and comply with ISA the Service Provider(palm trees excluded). Trimming of established trees shall be to a maximum of ten(10) toot 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. Palm trees are to be trimmed as often as necessary to ensure the absence of seed pods and/or dead and dying fronds dropping to the ground; and not as severely as the hurricane cut, using the 9/3 rule for trimming structure. Ligustrum and Holly type trees are to be maintained per industry standards with no more than 3" runners visible at any time, or as specified by City's Representative. 8.0 WEEDING Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule, to contro weed popu|a8on, to provide a well groomed appemrance, and to maintain healthy plants. Remove m*eede, vines and 'voluntary" seedlings from planting beds. Weed control in landscaped areas will be accomplished by hand weeding and/or application ofn»und'up and a pre-emergent herbicide, if necessary. All weeds in sidewalks and/or pavement areas(incl din curbing)shall be chemically controlled or removed by hand. Non-selective herbicide chemicals that are sprayed on plantings which cause damage will result in immediate warranty replacement by the Contractor. 9.0 ANNUALS (As Requested—Separate Cost) Annuals are to be changed as determined by Owner or City's Representative for each seasonal change. A schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to consist of 14-14-14 with Granular fungicide and Cavalier Subdue GR. along with any added soil preparations or enhancements needed to facilitate strong healthy growing annuals. CITA"ROvwMEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT RUD# 004/12/SR ' ^ ^ ~ 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 proper coverage, including straightening, adjusting the output of water, adjusting spray pattern, and unclogging heads. 2. Repairing broken heads and lateral lines, as necessary, 3. Checking the irrigation bnUer(o) for proper operation and programming. If there are battery controllers on the site,check each for batte 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. 8. 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 aenvice, consisting of the clock and location, each zone by number and any repairs repairs or work performed during that service. All parts used will be itemized on the bill, with a maximum of$200.00 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 $200. 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 must meet or exceed 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 14', clock or wiring pnzb|amm, 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, 11.0 CHEMICAL PROGRAM FERTILIZATION/PEST CONTROL-TURF The program shall be in accordance with the University of Florida Cooperative Extension Services yearly Calendar for St. Augustine sod care and culture, and good horticultural practice. The program yhaUbebamednn soil samples taken at random from various areas of the site, inouffioient number woawhobe characteristic ofthe areas to be fertilized. The cost of the securing and analyzing the soil samples shall be included in the bid. The results of the soils sampling shall be reported to the City representative. Soil amendments, nutrients, pesticides,fungicides. and any other chemicals deemed proper and beneficial or are required to maintain the turf and plant material by the Contractor shall be included in the fertilization program at no additional cost. All fertilizers shall contain minor elements. A minimum of six(6)fertilization(3 granular)and inumct and disease applications shall be applied onsd| St.Augustine grass annually at approximately two-month intervals. Additional spot treatments may be needed in certain areas due to various conditions that may occur, such as an outbreak of chinch bug activity or a fungal outbreak. Such additional treatments shall be deemed to be included in the contract price. CITA' ROW,MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT NID# VTB88.1/12/SR ^ ` ' ^ ` One(1)fer |izadon(gmanukar)ohd|be applied on all irrigated Bahia grass annually in mid-summer (unless otherwise specified). Spot treatments of insecticide and/or fungicide may be necessary throughout the year due to varying field conditions. Such additional treatments shall be deemed to be included in the contrac price. Applications of fertilizer shall follow Cooperative Extension Service suggested guidelines and sound horticultural practices. Any turf areas or landscape materials, killed or damaged as a result of over-fertilization will be re-established to an acceptable condition. FERTILIZATION/PEST CONTROL-TREES AND SHRUBS The spraying of irrigated shrubs(and trees less than 4"caliper)shall be done in accordance with F.S. Chapter 482 Pest Control and suggested met odaoytheCbopensQveExtenoionSenvice. A minimum of three(3) applications(2 granular)of fertilization, insect,and disease control material shall be applied to irrigated (and trees less than 4"caliper)during the contract period. Additional spot treatments deemed to be necessary for the effective control of harmful disease and insect infestations shall be applied as needed.These additional applications shall be deemed to be included in the contract price. PLANT REPLACEMENT The Contractor shall be responsible for replacing any plant materials or sod areas that die or become damaged to the point that the plant grade drops below Florida Number I as a result of neglect or damage by the Fertilization, Pest, or Disease Control Program operation. Replacement material shall be identical to plant species, quality, and specifications of the materials at the time the loss occurs. TURF,TREE,AND SHRUB CARE PROGRAM TURF ANALYSIS Lawn analysis reports are to be provide to the City Representative at each service. Items to be evaluated are as follows: Overall Turf Condition Color, grade,density, and maintenance condition Thatch Thatch problem evident, Thatch present, but no problem at this time, No thatch problem, Renovation recommended, and Vertical Cutting recommended Presence of Grass-type Weeds Annual bluegrass, Quackgrass Crabgrass, Sandbur Dallisgrass, Sedges, and Goosegrass, Smutgrass Presence of Broadleaf Weeds Betony. Nnohwmmd, Black Medic, Laspandeza, Buttonweed, Matchweed, Centel la, Oxa|iu, Chickvweed, Plantain, OandeUnn, Dollarweed, Purslane Ground Ivy, Spurge, CITY ROW,MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT RIM ITSA0,I/l2/SR ' . Henbit, Thistle Detection of Insects Armyworm, Fire Ant, White Grub, Chinch Bug, Mole Cricket, Ox Beetle Cutworm GodVVebwonn, Detection of Diseases Brown Patch, Fairy Ring, Dollar Spot, Leaf Spot, Grey Leaf Spot, Necrotic Ring Gpot, Pythium Blight Root Rot, TREATMENT Timely and prompt treatment is to be performed on all areas detected with problems and areas at risk, A 7-10 day follow-up appointment is to be set with the City Representative to ensure eradication of disease or pest problems. Subsequent visits, if necessary, are to be scheduled until the problems no longer exist. DAMAGE/REPLACEMENT Donoagemomsderia|�andmnynaquinadnap|ao�nmentsapabobe addressed no�bar than th�v (3O)days . from the date of detection PROJECT PROGRAM The turf program will consist ofboth pre and pmoeme nt weed controls, fert||izerwdUhpobaoh is expected. In addition, a disea .control for broadleaf weeds and a blanket insecticide control to target specific pest populations especially sod webworm,chinchb nd mole crickets. Crabgrass is to be addressed as required by applying a herbicide directly onto the infested turf areas while limiting application to only crabgrass infested areas, Chemicals for crabgrass treatment are changing and new applications approved for treatment of crabgrass may be used as needed and/or specified by the City of Winter Springs. The ornamental program will consist of insect controls to effectively control sucking and piercing insects such as aphids, lacebugs,whitefl scale and trips. The insect control will be a combination of a granular systemic control, and liquid insecticides. Fertilization of micronutrients and iron shall be used consisting of a specially blended slow release granular fertilizer for timely feedings of plants. Liquid tree injections may be done on an as needed basis. The Contractor must stagger the treatments of the turf and the ornamental applications so that someone will be on th property twelve(12)times per year. After each treatment is performed, a detailed report shall be submitted to the Owner/Representative for analysis and discussion. criN ROW,MEDIANS AND PONDS LANSCAPE MAINTENANCE AGREEMENT BID# ITB 004/12/SR SECTION 00300 BID FORM GENERAL 1.1 Description The following Bid is hereby made to the City of Winter Springs,hereafter called the OWNER. Bid is submitted (Insert legal name,address,and whether sole proprietorship,partnership or corporation.) 1.2 The Undersigned; A. Acknowledges receipt of: 1. Project Manual for the Landscape Maintenance Services-Rights of Ways,Medians and Ponds -1TB 004112/SR. 2. Electronic location map.Adobe,pdt format 3. General Notes/Details 4. Addenda. Number dated Number ,dated B. Has examined the site and all Bidding Documents and understands that in submrlting his Bid,he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for, Q calendar days alter the bid opening date. 2. To enter into and execute a 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 provide as requested information and to complete all forms. 1.3 Stipulated Amount A. Base Bid I will provide the services under this project for the yearly Base Bid Amount of v>rs-Htaatattelf4.urrs1aA. Macse Pset•Hr.0 �liars($ J ,��' C)_._ _ _3• The Rue Bid amount reflects pricing for the following Services(check that apply): . Lxndscapc Maintenance .r Irrigation Maintenance ✓ Chemical Program CITY RiGH TS OF WAY,MEDIANS AND PONDS LANSCAPE MAINTENANCE BUM ITB 004/12/SR The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment materials and performance of all operations relative to the project Work for which there is not a Pay item will be considered incidental to the Contract and no additional compensation will be allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the contract work at the unit prices set forth below. Service Provider shall be paid for actual quantities completed in accordance with the Contract Documents. The following is the order of precedence which will be used in case of conflicts within the Bid Schedule provided by each Bidder: Unit Cost,Total Cost,Total Base Bid(See attached Bid Form). 1.5 Did Schedule A. Proposals(Bids)must be submitted 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 utilize for the Contract work. D. I have attached all requested support documentation Including pest control and irrigation license . 1.6 Submittal RESPECTFUL SUBMITTED,signed and sealed this day of 444,roseii ,201A.• e ' • By Title es Signature Busindss Address ..; ..41. City iftr Sia•SiertS State Zip 49701 ATTEST._ SECRETARY AFF4tlet15‘014';TE SEAL WITHIN BOX. . e . If the business is an 1.1.(:.please note this in the box. _ . CITY RIGHTS OF WAY,MEDIANS AND PONDS LANSCAPE MAINTENANCE BIM ITS 004t12/SR 811)CALCULATION SHEET/PROPOSAL BID FORM CITY OF WINTER SPRINGS The undersigned hereby declares that after carefully examining the specifications for: Bid# ITB 004/12/SR Am fully aware of all conditions affecting such wcAk/items, for which bids were advertised to be returned by , AA/Am-A.) rt-Arl.se(Lin ; does hereby submit the following bid for completion of said work/item. Total bid price for LANDSCAPE MAINTENANCE SERVICES FOR CITY RIGHTS OF WAY, MEDIANS AND PONDS per specifications is as follows: rrpm & DOCRIPTIQM MONTHLY COST X NUMBER LANDSCAPE MAINTENANCE COSTS RIGHTS-OF-WAY 1. N. Edgemon Ave R.O.W. $ 70 x 12= 1(V-0 2. N. Edgemon Ave Medians $ to x 12=$ ZKO 3. Bombay Ave R.O.W. ,x 12= 4. S. Edgemon Ave R.O.W.at FPC Easement $ ho x 12 = $ 5. S. Moss Rd Islands $ 10- ,x 12= $ )2.a0 6. Murphy Rd Islands $ /05"- x 12=$ r2a0 7. S. Edgemon Islands $ c x 12 = $ JtO 8, Lombardy Canal $ 70 x 12= $ v$10 9. S. Flamingo Canal $ MIT* x 12= $ 2.22.0 10, Burgos Easement $ p x 12=$ 2-110 11. Burgos/Edgemon R.O.W. $, O x 12 = 3r0c) 12. S. Moss R.O.W. $ /6,0 x 12 = $ izo 13. Bayberry Ct Island $ zp x 12= 14. Dogwood Ct Island $ 2.0 x 12= $ 2110 15. Lombardy/Burgos R.O.W. $, 5t x 12=$ isa) 16. Cedarwood Ct Island $ kQ x 12= 17. Cypress Ct Island $ S x 12=$ 7,q0 18. S. Moss Bridge/R.O.W. $ Ho x 12= $ 19 Murphy Rd R.O.W. FPC Easement $ x 12 = $ 1109 20. S. Edgemon Bridge/R.O.W. $ fl x 12 =$ 90o 21. Murphy Rd Bridge/R.O.W. sr) x 12 = $e Coop 22. Charles St. island $ 50 x 12 =$ 6700 23. Sherry Ave R.O.W. $, x 12= $ W20 24_ Sherry Ave Medians $ o x 12= $ iiO 25. Wade Street Medians $ 3. ,x 12=$ 117-0 26. Hayes Rd R.O.W. $ zip° x 12= $ 3/24 27. Pearl Rd Islands $ 75- x 12=$ 9'00 28. Hayes Rd Bridge/R.O.W. $ cr-Ao x 12= $ 24/4 CITY RIGHTS OF WAY,MEDIANS AND PONDS LANSCAPE MAINTENANCE RION LIB 004/12/SR 29. S. Moss Road Swales $ .15- x 12= $ 900 30. Panama Road Swabs $ 15 x 12= $ 9D0 31. Hayes Road R.O.W. Swales $ /50 x 12 =$ /900 32, Fisher Rd R.O.W.& Field $ 70 x 12= $ *YQ.. 33. Alton Rd Bridge/R.0,W, $, t0 x 12= $ /1,80 34. Shore Rd Bridge/Swales $ 70 x 12 = $ 35. Mockingbird Easement/R.O.W. $ 50 x 12 =$ &I'D 36. Oak Rd Island $ lo x 12=$ 31,0 37. Shore Rd Culvert $ alo x 12 = $ Sa(10 36. George St. R.O.W. $, lap x 12= $ 3 VIC) 39. N. Moss Rd R.O.W. $ aso x 12 = $ 3900 40. Highlands R.O.W. &Courts $ Aitip x 12 =$ 1924.0 41, Dyson Bridge $ ye z x 12 = $ 4-41, 42. Seneca Blvd R.O.W. $ rio x 12 = $ i32,0 43. Gary Hillery Drive R.O,W. $ /70 x 12 =$ 20,10 44. Winter Springs Blvd R.O.W $ iri0 x 12= $ (202(2„, 45. Northern Way R.O.W. $ ano x 12 = $ toicgo 46, Northern Way Bridges(3) $,/so x 12 = $, /pi, 47. Greenbrier In R.O.W. $ zaQ x 12 =$ usiva 48, Winter Springs Blvd Bridges(2) $ /90 x 12=$ zziro 49. N. Tuskawilla Rd. Parking/ROW Extension $ 20 x 12 = $ .1-qa 50. Sequoia Ct Islands $ S$- x 12=$, 10.4 51. Trotwood Blvd. (Oak Forest) $ Vs x 12 = $ 5'10 52. Wagner's Curve $ /sp.. x 12 =$ 11o() 62, Doran Road R.O.W. $, Ars x 12 =$ z..7.20 63. First Street R.O.W. $ tic x 12= $ 59'0 64. Panama Road R.O.W. $ up x 12 = $ itzo 65. Hayes Road R.O.W. $ Vo x 12 r: $_dvirp 66. Sam Smith Park R.O.W. $ ro x 12 = $ 1,00 67. Papaya FPC Easements(2) $ sp x 12=$ an>0 68. Winter Springs Blvd-Oak Forest R.O.W. $ 70 x 12=$ kW.) 69. Benchwood R.O.W. $ Ao x 12 = $ Sto0 70. Chokecherry R.Q.W. (A) $, 00 x 12 =$ 3100 71, Sequoia R.O.W. $, So x 12 =$ :34,0 72. Chokecherry ROW. (B) $ .ic x 12= $ 3647 73. Shetland R.O.W. $ 50 x 12= $ Goo 74. Northern Way at Tuscora R.O.W. $ 10 x12= $ At VO 75. Vistawilla Cross Seminole Trail R.O.W. $ st) x 12=$ 14,p0 76. Tuscora Cross Seminole Trail R.O.W. $ 3( x 12=$ q24) 77. Northern Way Southern Loop R.O.W. $ 1p x 12 =$ 4300 78. Greenbrier& Northern Way Easement $ 70 x 12 = $ Pi0 79, Fisher Road Medians and R.O.W. $ iot) x 12 80. Cheoy Lee Circle R.O.W. $ 50 x 12= $ Alq0 81, Northern Way ROW(Southern Bell) $ pro x 12= $ lino 82. Orange Avenue R.O.W. $42o0 x 12 = $ z Vol, 83. Northern Way Golf R.O.W. $ epo x 12=$ Z410 84. Shepard Road R.O.W. $ ./a0 x 12 = $ /7..-00 RIGHTS OF WAY-SUBTOTAL $ /a; 9iz7 CITY RIGHTS OF WAY,MEDIANS AND PONDS LANSCAPE MAINTENANCE BUM ITS ItU4/12/SR • . RETENTION PONDS 53, Gary Hillery Drive Pond $ 70 x 12= $ $-Y0 54. Donut Lk/S. Edgemon $ SD x 12= 1006 55. Donut Lk/Murphy Rd $ sr) x 12= /woo 56. Mt. Laurel Pond $ "20 x 12= $ BYO 57. Freedom In Pond $ x 12= $ ttotO 58. Baltic In Pond $ /7,5". x 12 =$ a ioo 59. Brooks Ct. Pond $ st7 x 12=$ 1c() 60 Venture Ct. Pond $ 5D x 12= Coon 61. Seneca Blvd Pond $ 1/0 x 12=$ 13:20 RETENTION PONDS-SUBTOTAL $ $ iCy.) IQTAL FOR RIGHTS OF WAY AND PONDS S. it z lokr) LANDSCAPE MAINTENANCE COSTS IRRIGATION MAINTENANCE COSTS 2. N. Edgemon Ave Medians $ a,75- x 12= iSa0 5. S. Moss Rd Islands $ 75- x 12 $ jiøO 6. Murphy Rd Islands $ 20 x 12=$. 240 7, S. Edgemon Islands $ 7_0 x 12=$ 840 22. Charles St. Island $ LQ x 12 m$ 2 qo 24. Sherry Ave Medians $ 212 x 12 $ 2.40 25. Wade Street Medians $ 2-0 x 12 tt 5 Z'/C) 26. Hayes Rd FLO W. S 2 x12 =$ ao0 38. George St. R.O.W. $ YO x 12 = too 43. Gary Hillery Drive R.O.W. $ x 12 = $ 31,0 50. Sequoia Ct Islands $ Z.O x 12=5. ZtIO 81. Northern Way ROW (Southern Bell) $ W x 12 =$ Zig) TOTAL $ IRRIGATION MAINTENANCE COSTS CHEMICAL PROGRAM 2. N. Edgemon Ave Medians S. 5- x 12=I$ $QO 5. S. Moss Rd Islands 5, 25 x 12 =$ 30P 6. Murphy Rd Islands $ ZS" x 12 = 3o0•7 S. Edgemon Islands $ 40 x 12 z: q fro 22. Charles St. Island $ x 12= $ 100 24. Sherry Ave Medians $ 25- x 12=$. 300 25. Wade Street Medians $ as- x 12 = 5. 30‘) 26. Hayes Rd R.0 W. $ So x 12 =$ 14420 36. Oak Rd Island $ Z5- x 12 =$ 43. Gary Hillery Drive R.O.W. x 12 =S 2-40 50. Sequoia Ct. island $ 15- x 12 =$ 30?) 79, Fisher Road Medians and R.O.W. $ 30 x 12 =$ Atop CITY RIGHTS OF WAY.MEDIANS AND PONDS LANSCAPE MAINTENANCE 8100 ITS 004/12ISR TOTAL $ "I 0 gl) CHEMICAL PROGRAM COSTS GRAND TOTAL a .sc: !e +itt !alien +Chemical UNIT COSTS: The Bidder agrees with all conditions herein stated, proposes to contract, to the Base Bid sums, with the Owner the following Unit Material costs which shall be paid on the basis of approved documented cost plus 15% for overhead and profit, resulting in additions to or deductions from the Base Bid as follows: UNIT PRICE#1 Vs" e. 7A44.egial-- Additional Mulch Installed (Labor) $ 40- 'MAO -te4..6ner- UNIT PRICE#2 Irrigation Repairs and Troubleshooting beyond Contract Requirements: Labor $ 54) - per hour Emergency Callout $ per hour UNIT PRICE#3 Additional Material Cost to furnish (not install): 420yr plus 1570 Rotors each Pop-Up Sprinklers $ each Shrub Spray Heads$ each Valves- 3/4" each Valves- 1" each Valves- 1-1/2" $ each Valves- $ each TBOS(2 Sta.)Controller(1) $ each UNIT Price#4 Additional Material Cost to furnish and install plant material: 1 Gal. $ each 3 Gal. $ 9 each 15 Gal. $ 75- each Annuals (4") $ 1.35- each CITY RIGHTS OF WAY,MEDIANS AND PONDS LANSCAPE MAINTENANCE 61D ITS 004/1215R City of Winter Springs Memo __„, To: City Clerk's Office From: Steven T. Richart, Urban Beautification Manage CC: Kevin Smith, City Manager Date: 9/12/2012 Re: City ROWS Medians Ponds Landscape Maintenance ITB 004/12/SR Dear City Clerks: Please find three (3) originals of the agreement for ITB 004/12/SR that requires signature of the City Manager. Once each original has been signed, please return two (2) originals to me and one (1) original should remain with the City Clerk's Office. The greement was approved unanimously by the City Commission on 9/10/12 as part of Agenda Item C-20� (Attached). Bidding and all pertinent information can be found in the agenda item. The contract start date is October 1, 2012, so getting back to me as soon as possible with the signed originals would be much appreciated. Thank you very kindly, 5/4044 T. gzekva 1