HomeMy WebLinkAboutPower Exterminators, Inc. - Agreement for TLBD Chemical Services - 2010 11 24 AGREEMENT FOR CHEMICAL APPLICATION SERVICES
THIS AGREEMENT FOR CHEMICAL 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 Power Exterminators, Inc., authorized to conduct business in
Florida ( "Service Provider"), located at 5032 Forsyth Commerce Road, Suite #2, Orlando, FL 32807.
WITNESSETH:
WHEREAS, City wishes to obtain Tuscawilla Lighting and Beautification District (TLBD) Chemical
Services Program on a continuing basis; and
WHEREAS, Service Provider participated in the selection and negotiation process; and
WHEREAS, Service Provider is willing to provide such Tuscawilla Lighting and Beautification District
(TLBD) Chemical Services Program 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 This contract shall be for a term of twelve (12) months commencing on December 16, 2010 and
terminating on December 15, 2011. By mutual agreement of both parties hereto, the term of this Agreement may
be extended for two (2) additional one year terms, provided the City determines, in its discretion, that Service
Provider has adequately performed during the previous term of this Agreement. In the event this contract is
extended, the contract price may be adjusted to allow for consumer price increases based on Bureau of Labor
and Statistics - Producer Price Index not to exceed 2 (two) percent. The adjustment will be based on the annual
contract period from the same period of the previous year and calculated prior to renewal. The Agreement may
be canceled in whole or part by the City or the Service Provider, upon giving at least (30) days written notice prior
to cancellation; EXCEPT that non - performance on the part of the Service Provider will be grounds for immediate
termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of
receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under this
Agreement.
2.2 Definitions. The following words and phrases used in this Agreement shall have the following
meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to time, which shall constitute authorization
for the Service Provider to provide the maintenance services approved by the
City.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute
this Agreement, and it shall be the date on which this Agreement shall go into
effect. The Agreement shall not go into effect until said date.
c. "Service Provider" shall mean Power Exterminators, Inc., 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 Parks
and Recreation Department, Parks Superintendant for the City, or his designee, who is to provide
the general administration of the Agreement.
3.0 SCOPE OF SERVICES
3.1 Service Provider shall provide those Tuscawilla Lighting and Beautification District (TLBD)
Chemical Services, for the City of Winter Springs, as set forth in the "Scope of Work," attached hereto as Exhibit
'A' and fully incorporated herein by this reference, including the furnishing of all labor, equipment, tools, materials,
incidentals and the performing of all operations necessary as described in the Project Manual.
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the Services at any time by giving written notice to Service Provider. If
such changes increase (additional services) or decrease or eliminate any amount of Work, City and Service
Provider will negotiate any change in total cost or schedule modifications. If the City and the Service Provider
approve any change, the Contract will be modified in writing to reflect the changes. All change orders shall be
authorized in writing by City's and Service Provider's designated representative.
4.2 All of City's amendments thereto shall be performed in strict accordance with the terms of this
Agreement insofar as they are applicable.
5.0 SCHEDULE
5.1 Service Provider shall perform services in conformance with the schedule reasonably established
by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep
City apprized 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.
5.2 No extension for completion of services shall be granted to Service Provider without City's prior
written consent.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER
6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay
Service Provider a sum not to exceed Ten Thousand Four Hundred and Sixteen Dollars ($10,416). 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.
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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.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services performed by
Service Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this
Agreement.
8.0 AUDIT AND INSPECTIONS
All Service Provider's records with respect to any matters covered by this Agreement shall be made
available to the City, at any time during normal business hours, as often as the City deems necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Service Provider within thirty (30) days after receipt by the Service Provider. Failure of the
Service Provider to comply with the above audit requirements will constitute a material breach of this Agreement
and may result, at the sole discretion of the City, in the withholding of payment for services provided under this
Agreement.
9.0 PROFESSIONALISM AND STANDARD OF CARE
9.1 Service Provider shall do, perform and carry out in a professional manner all
Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill
in performing the Services that are ordinarily exercised under similar circumstances by reputable members of
Service Provider's profession working in the same or similar locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
10.1 Service Provider shall submit a monthly written progress report as to the status of all Work set
forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used
to provide the agreed -upon Services. If the detail is not sufficient in the City Project Manager's reasonable
discretion to permit the City to determine the Work performed or the manner in which it is being performed, the
City may seek more detail from the Service Provider.
11.0 WARRANTY OF PROFESSIONAL SERVICES
11.1 The Service Provider (for itself and any of its employees, contractors, partners, and agents used
to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its
contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete
the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the
Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict
discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances,
rules, regulations, and lawful orders of any public authority bearing on the performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER
12.1 Service Provider hereby represents and warrants to the City the following:
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.
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b. The undersigned signatory for Service Provider has the power, authority, and the
legal right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
Service Provider has been duly authorized by the board of directors and /or president
of Service Provider. In support of said representation, Service Provider agrees to
provide a copy to the City of a corporate certificate of good standing provided by the
State of Florida prior to the execution of this Agreement.
c. Service Provider is duly licensed under all local, state and federal laws to provide the
Services stated in paragraph 3.0 herein. In support of said representation, Service
Provider agrees to provide a copy of all said licenses to the City prior to the execution
of this Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
13.1 With regard to any and all Work performed hereunder, it is specifically understood and agreed to
by and between the parties hereto that the contractual relationship between the City and Service Provider is such
that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its
contractors, partners, agents, and their employees are independent contractors and not employees of the City.
Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or
agents, during or after the performance of the Work under this Agreement.
14.0 PROGRESS MEETING
14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more
frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's
Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project
Manager.
15.0 SAFETY
15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the safety
and supervision of its principals, employees, contractors, and agents while performing Services provided
hereunder.
16.0 INSURANCE
16.1 Liability Amounts. During the term of this Agreement, Service Provider shall be responsible for
providing the types of insurance and limits of liability as set forth below.
a. The Service Provider shall maintain comprehensive general liability insurance in the minimum
amount of $1,000,000 as the combined single limit for each occurrence to protect the Service
Provider from claims of property damages which may arise from any Services performed
under this Agreement whether such Services are performed by the Service Provider or by
anyone directly employed by or contracting with the Service Provider.
b. The Service Provider shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the Service
Provider from claims for damages for bodily injury, including wrongful death, as well as from
claims from property damage, which may arise from the ownership, use, or maintenance of
owned and non -owned automobiles, including rented automobiles whether such operations
be by the Service Provider or by anyone directly or indirectly employed by the Service
Provider.
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c. The Service Provider shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's
Liability Insurance in the minimum amount of $1,000,000 for all of its employees performing
Work for the City pursuant to this Agreement.
16.2 Special Requirements. Current, valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of
Insurance shall be provided to the City by Service Provider upon the Effective Date of this Agreement which
satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30 days
prior to any expiration date. There shall also be a 30 -day advance written notification to the City in the event of
cancellation or modification of any stipulated insurance coverage. The City shall be an additional named
insured on all stipulated insurance policies as its interest may appear, from time to time.
16.3 Independent Associates and Consultants. All independent contractors or agents employed
by Service Provider to perform any Services hereunder shall fully comply with the insurance provisions contained
in these paragraphs for sections 15 and 16.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
17.1 Service Provider shall comply with all requirements of federal, state, and local laws, rules,
regulations, standards, and/or ordinances applicable to the performance of Services under this Agreement.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Service Provider and its
independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a
Public Record whether in the possession or control of the City or the Service Provider. Said record, document,
computerized information and program, audio or video tape, photograph, or other writing of the Service Provider
is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies
of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection
with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider
be open and freely exhibited to the City for the purpose of examination and /or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to
the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service
Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public
Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due
or to become due hereunder without the prior, written consent of City.
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.
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20.0 TERMINATION; DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES
20.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and
privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall
represent a default and breach of this Agreement:
a. Service Provider defaults in the performance of any material covenant or condition of this Agreement
and does not cure such other default within fourteen (14) calendar days after written notice from the
City specifying the default complained of, unless, however, the nature of the default is such that it
cannot, in the exercise of reasonable diligence, be remedied within fourteen (14) calendar days, in
which case the Service Provider shall have such time as is reasonably necessary to remedy the
default, provided the Service Provider promptly takes and diligently pursues such actions as are
necessary therefor; or
b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or
Service Provider becomes insolvent, or is unable or unwilling to pay its debts; or
c. Service Provider has acted negligently, as defined by general and applicable law, in performing the
Services hereunder; or
d. Service Provider has committed any act of fraud upon the City; or
e. Service Provider has made a material misrepresentation of fact to the City while performing its
obligations under this Agreement; or
f. Service Provider is experiencing a labor dispute which threatens to have a substantial, adverse
impact upon performance of this Agreement without prejudice to any other right or remedy City may
have under this Agreement.
20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider, the City shall have
the right to exercise any other remedy the City may have by operation of law, without limitation, and without any
further demand or notice. In the event of such termination, City shall be liable only for the payment of all unpaid
charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the
effective date of termination.
21.0 FORCE MAJEURE
21.1 Any delay or failure of either party in the performance of its required obligations hereunder shall
be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage;
strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates'
generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation;
order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided
that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be
diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for
sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in
accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole
County, Florida. Venue for any federal action or litigation shall be Orlando, Florida.
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as
part of this Agreement.
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24.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy,
void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall
negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of
the remaining parts of this Agreement shall otherwise be fully enforceable.
25.0 INTEGRATION; MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no
representations, statements, warranties, or agreements other than those expressed herein. This Agreement
embodies the entire understanding of the parties, and there are no further or other agreements or understandings,
written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to
herein. Modifications of this Agreement shall only be made in writing signed by both parties.
26.0 WAIVER AND ELECTION OF REMEDIES
26.1 Waiver by either party of any terms or provision of this Agreement shall not be considered a
waiver of that term, condition, or provision in the future.
26.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding
unless in writing and signed by a duly authorized representative of each party hereto.
27.0 THIRD PARTY RIGHTS
27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
City and Service Provider.
28.0 PROHIBITION AGAINST CONTINGENT FEES
28.1 Service Provider warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has
not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
29.0 NO JOINT VENTURE
29.1 Nothing herein shall be deemed to create a joint venture or principal -agent relationship between
the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any
manner which would indicate any such relationship with the other party.
30.0 ATTORNEY'S FEES
30.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing
party shall be entitled, to the extent permitted by law, to recover from the non - prevailing party the costs and
expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on
appeal.
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31.0 COUNTERPARTS
31.1 This Agreement may be executed in any number of counterparts, each of which when so
executed and delivered shall be considered an original agreement; but such counterparts shall together constitute
but one and the same instrument.
32.0 DRAFTING
32.1 City and Service Provider each represent that they have both shared equally in drafting this
Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event
of a dispute between the parties.
33.0 NOTICE
33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or
mailed, postage prepaid to:
For Service Provider:
Power Exterminators, Inc.
c /o: Cap Caponi
5032 Forsyth Commerce Road, Suite #2
Orlando, FL 32807
For City:
City of Winter Springs
Urban Beautification Division
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327 -5976
Facsimile: (407) 327 -6695
33.2 Either party may change the notice address by providing the other party written notice of the
change.
34.0 SOVEREIGN IMMUNITY
34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law.
35.0 INDEMNIFICATION
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:
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a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services performed
under this Agreement by Service Provider, and its employees, principals, agents,
independent contractors, and consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting
from Service Provider's and its employees, partners, contractors, and agents on
the performance of the Services being performed under this Agreement;
d. Service Provider's, and its employees, partners, contractors, and agents failure
to comply with the provisions of any federal, state, or local laws, ordinance, or
regulations applicable to Service Provider's and its employees, partners,
contractors, and agents performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider and its
employees, partners, contractors, and agents on the City under this Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of
liability and all suits and actions of every name and description that may be brought against the City or its
commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or
operation of work related to the Services under this Agreement whether the Services be performed by the Service
Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners,
employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for
which shall be reasonable and subject to and included with this indemnification provided herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City
and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this Agreement;
b. This Agreement;
c. Exhibits to this Agreement; and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service
Provider.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be
found in the Agreement or specifications, the City at its sole discretion will interpret the 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.
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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:
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Title
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Date
CITY:
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CITY OF WINTER SPRINGS, FLORIDA
A Florida municipal cor.oration
KE L. SMI
Ci Manager
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Date
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ANDR "T NZO- LUACES, City Clerk
10
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REQUEST FOR SERVICES QUOTE
Project Manual: Tuscawilla Lighting and Beautification District (TLBD)
Chemical Services Program
Department: Community Development Department, Urban
Beautification Division
Urban Beautification Manager (407) 327 -5976
1126 East State Road 434
Winter Springs, FL 32708
Date: November 4, 2010
Quote Due Date: November 16, 2010 — 4:OOpm
INDEX
TO
PROJECT MANUAL
City of Winter Springs
Tuscawilla Lighting and Beautification District (TLBD)
Chemical Services Program
SPECIFICATIONS
00300 Quote Form
01100 Technical Specifications
01400 Service Area Descriptions
ATTACHMENTS
Attach #1 Service Area Map
2
SECTION 00300
QUOTE FORM
GENERAL
1.1 Description
The following Quote is hereby made to the City of Winter Springs, hereafter called the OWNER. Quote is
submitted Mulct' G .*Cr/Y11 flcit!'S, inc.
by: 5032 RY LI I Commerce ad. 4 Z Cd r l nd o 32-80
(Insert legal name, address, and whether sole proprietorship, partnership or corporation.)
1.2 The Undersigned:
A. Acknowledges receipt of: Project Manual for the Tuscawilla Lighting and Beautification District
(TLBD) Chemical Services Program dated November 4, 2010.
B. Has examined the site and all Quote Documents and understands that in submitting his Quote, he /she
waives all right to plead any misunderstanding regarding the same.
C. Agrees:
1. To hold this Quote open for 90 calendar days after the Quote opening date.
2. To begin work not later than 10 days after the issuance of an executed agreement.
1.3 Stipulated Amount
A. Base Quote
I will provide the services under this project for the Base Quote Amount of
Terilivu3arsd Far A reef Sj vietp Dollars ($ LO 41(.0 . )
The Base Quote amount reflects pricing for the following Services (check that apply):
/Chemical Program
The bidder hereby agrees to perform all work as required by the Project Manual for the following
Unit Prices. All work required to be performed by the Project Manual 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
Project Manual. The following is the order of precedence which will be used in case of conflicts
within the Quote Schedule provided by each bidder: Unit Cost, Total Cost, Total Base Quote (See
attached Quote Form).
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1.4 Submittal
RESPECTFULLY SUBMITTED, signed and sealed this 12.. day of i. , 2010.
Service Provider. '
By (signature) l 5 • • S ,1 �� . Et SOR. CO ton Title e3 ►d M r
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Business Address C'��Ce � Z City Or � C�
State ft— Zip 37iZ0 Phone 4o Zi 2- 8 Szo
* *Intentionally Left Blank**
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QUOTE CALCULATION SHEET - PART 1
Chemical Program
Group 1 - Medians
• Twenty Three (23) separate medians within Tuscawilla located on Winter Springs Boulevard (from
Tuskawilla Road to Seneca Boulevard).
Unit Cost $ 589 Per Month x 12 Months = $ 10(08 Per Year
Group 2 - Entrances / Monuments
• Main Entrance to Tuscawilla at fountains (both sides), located at Tuskawilla Road and Winter
Springs Blvd.
• Vistawilia Drive Entrance (Howell Creek / Eagles Watch) - 2 Monuments.
• Tuscora Drive Entrance - 2 Wall Monuments, 1 Median.
• Trotwood Boulevard Entrance - 2 Monuments,
• Deer Run Entrance - 2 Monuments.
• Howell Creek Entrance - 2 Monuments.
• Dyson Drive Entrance - 2 Monuments.
• Shetland Drive Entrance - 2 Monuments.
• Seneca Boulevard Entrance - 4 Monuments.
Unit Cost $ 279 Per Month x 12 Months = $ 334& Per Year
TOTAL COST (Group 1 +2) $ 1041(0. — Year
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SECTION 01100
TECHNICAL SPECIFICATIONS
This project manual is designed to allow for each contractor quoting, to customize a chemical program for
the property with the minimum requirements being pre - defined by the City. Therefore, we are asking that you
tailor your comprehensive proposal to the specific field requirements of the property and provide the highest
quality program for each area based on the context and reputation of the Tuscawilla Subdivision as being the
premier community in Seminole County. Keep in mind that you will be required to re -treat areas that do not
respond to your initial applications, at no additional charge, in addition to the potential of plant and sod
replacements as a result of an uncontrolled program.
SPECIFIC TASKS
1.0 CHEMICAL PROGRAM
FERTILIZATION /PEST CONTROL- TURF
The chemical program shall meet or exceed the University of Florida Cooperative Extension Services
yearly Calendar for sod care and culture, and good horticultural practices standards. 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 treated. 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 after each sample is taken and no less
that once per calendar year.
Soil amendments, fertilizer, nutrients, pesticides, fungicides, pre - emergents, post - emergents, and any
other chemicals deemed proper, beneficial or are required to maintain the turf and plant material by the
Contractor shall be included in the chemical program at no additional cost. Fertilizers shall always contain minor
elements.
A minimum of six (6) fertilizations (2 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 throughout the year due to various conditions that may occur such as chinch buq or brown leaf spot
outbreaks. Such additional treatments shall be deemed to be included in the contract price.
One (1) fertilization (granular) shall be applied to all irrigated Bahia grass annually in mid - summer (unless
otherwise specified). No chemical application shall be made to non - irrigated Bahia grass. 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, at minimum, Cooperative Extension Service suggested guidelines
and sound horticultural practices for each applicable turf variety. Any turf areas or landscape materials damaged
as a result of over - fertilization or lack of chemical application, including large areas of uncontrolled chinch bug
damage, will be re- established to an acceptable condition or replaced by Contractor.
SPECIFIC TURF CARE
• St. Augustine
This specific program shall be in accordance with the University of Florida Cooperative Extension
Services Calendar for St. Augustine sod care, culture, and good horticultural practice as shown in Publication
ENH 5.
11
• Bahiagrass
This specific program shall be in accordance with the University of Florida Cooperative Extension
Services Calendar for Bahiagrass sod care, culture, and good horticultural practice as shown in Publication
ENH 6.
FERTILIZATION /PEST CONTROL -TREES AND SHRUBS
The spraying of irrigated shrubs (and trees Tess 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. A minimum of one (1) application (granular) of
fertilization shall be applied to non - 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 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
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, Knotweed, Beggarwood,
Black Medic, Lespendeza, Thistle,
Buttonweed, Matchweed, Henbit,
Centella, Oxalis, Spurge,
Chickweed, Plantain, Ground Ivy.
Dandelion, Pusley,
Dollarweed, Purslane,
12
Detection of Insects
Armyworm, Fire Ant, White Grub,
Chinch Bug, Mole Cricket, Ox Beetle
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
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 twenty (20) days
from the date of detection and notification from the City.
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, weed, pest and fungal control program shall be instituted that includes but is
not limited to: treatment for broadleaf weeds, a blanket insecticide control to target specific pest populations
especially sod webworm, chinch bugs and mole crickets, and a target specific fungicide for infected materials.
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, lace bugs, 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 turf and ornamental applications so that a technician will
review the property twelve (12) times per year. Service Provider shall notify the City's Project Manager at least
(48 hours) prior to any chemical application under this agreement. After each treatment is performed, a detailed
report shall be submitted to the Owner /Representative along with the monthly billing for analysis and discussion.
* *End of Section **
13
SECTION 01400
SERVICE AREA DESCRIPTIONS
LOCATIONS
GROUP 1 - MEDIANS
Winter Springs Boulevard Medians ( #1 -23).
Beginning at Tuskawilla Road, head east on Winter Springs Blvd. through the Tuskawilla
Subdivision. Service area ends at Seneca Blvd., just before entering Oviedo. The turf is St.
Augustine.
GROUP 2 — ENTRANCES / MONUMENTS
Main Entry at Tuskawilla Road and Winter Springs Blvd. (2 Sides)
Entrance area around 'fountain' water features parallel with Tuskawilla Road from St. Stephen's
Church (north end) to the south fence (located approximately 100' south of the fountain). West to
East boundaries are from the curb along Tuskawilla Road to the residential property lines behind and
adjacent to the fountains. The turf is St. Augustine.
Seneca Blvd. and Winter Springs Blvd.
There are (4) entrance monuments here, with (2) being small and located on Seneca Blvd. at the
intersection of Winter Springs Blvd. Service area consists of all beds directly around the monuments,
turf directly around the monuments and in front of the monuments between the roadway and
monument feature. The turf is St. Augustine and Bahia.
Trotwood Blvd. and Tuskawilla Road.
There are (2) monuments here on each side of the roadway. Service area consists of all beds
directly around the monuments, turf directly around the monuments and in front of the monuments
between the roadway and monument feature. The turf also extends along the roadway (south side)
between the monument and the corner of Sybilwood Circle. The turf is St. Augustine.
Shetland Ave. and Citrus.
There are (2) monuments here on each side of the roadway. Service area consists of all beds
directly around the monuments, turf directly around the monuments and in front of the monuments
between the roadway and monument feature. The turf is mixed with mostly St. Augustine.
Vistawilia Drive.
There are (2) monuments here on each side of the roadway. The monuments are staggered with one
being near the entrance to Eagle's Watch and the other being at the north property boundary of
Howell Creek Reserve. Service area consists of all beds directly around the monuments, turf directly
around the monuments and in front of the monuments between the roadway and monument feature.
The turf is St. Augustine.
Tuscora Drive.
There are (2) monuments here on each side of the roadway. Service area consists of all beds
directly around the monuments, turf directly around the monuments and in front of the monuments
between the roadway and monument feature. The turf area is larger at these monuments and there
is also (1) median in the roadway at Tuscora Drive and SR 434 included in the program. The turf is
St. Augustine.
Deer Run.
There are (2) monuments here on each side of the roadway. Service area consists of all beds
directly around the monuments, turf directly around the monuments and in front of the monuments
between the roadway and monument feature. The turf is mixed.
14
Dyson Drive.
There are (2) monuments here on each side of the roadway. Service area consists of all beds
directly around the monuments, turf directly around the monuments and in front of the monuments
between the roadway and monument feature. The turf is mixed.
Howell Creek.
There are (2) monuments here on each side of the roadway. Maintenance consists of all beds
directly around the monuments, turf directly around the monuments and in front of the monuments
between the roadway and monument feature. The turf is mixed.
15
i
I i i } Vistawilla Drive
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i , � i J �! , ' Lr / 1
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III ail fi !v v Winter Springs Blvd_ %Seneca
ausijim ,„ /1111* . • ..F...4,.A• - �. ili t ` fi\ (4 Monuments)
(lee r+n-f1 t 1 r ' f ': id._•r� ` OK � PJinter Springs ians Blvd
Hnw Creek (Z Mo ' ""°" (23 Med) luscawilla lighting and E3eautilicatiun District
Dyson Drive (2 Monuments) t ...," `—� Project Map
'°°' "` Landsca a Maintenance Areas Shown In 'breen'
Shntlandli;itrus (2 Mon uments) P
City of Winter
Springs
Memo
To: City Clerk's Office
From: Steven T. Richart, Urban Beautification Manager
CC: Kevin Smith, City Manager
Date: 11/19/2010
Re: Tuscawilla Lighting and Beautification District (TLBD) — Chemical Program Agreement
Dear City Clerks:
Please find three (3) originals of the Agreement for Chemical Services for TLBD that require
signature of the City Manager for execution. Someone from the Clerk's Office will need to attest each
of the three (3) originals for all agreements. Once they have been fully executed, please return two (2)
originals from each agreement to me and one (1) original should remain with the City Clerk's Office.
Quotes for the work were received as follows:
• Kirkland's $9,900
• TruGreen $11,820
• Annan $19,800
• Power Exterminators $10,416 A-, Li t) ,) ('ecl (IV-Cr e
-° 5f
Power Exterminators was selected over Kirkland's due to the fact that the TLBD Chairperson
(Mary Brook) and myself agree, that for a premium of $516, having the backing of a more established
and larger company such as Power Exterminators (Est. 1995, 10 Million dollar + per year revenue), is
very important in being able to provide the levels of service expected for the Tuscawilla Community.
Kirkland's is a small 'mom and pop' business and their annual revenue is less than $500k, therefore,
they would likely not be able to handle a warranty issue of any size for the project.
Thank you very kindly,
51e4g44 T. R