HomeMy WebLinkAboutEastwood Tuff Turf SR 434 Landscape Maintenance Agreement (Interim Agreement 6/2013)Memo
To: City Clerk's Office
From: Steven T. Richart, Urban Beautification Manager
CC: Kevin Smith, City Manager
Date: 6/26/2013
Re: SR 434 Landscape Maintenance Interim Contract
Dear City Clerks:
Please find two (2) originals of the agreement for landscape maintenance services (interim agreement)
for SR 434 that require signature of the City Manager. Once each original has been signed, please
return one (1) original to me and one (1) original should remain with the City Clerk's Office.
Background:
On June 21, 2013, after over 6 months of substandard performance, the service agreement (ITB
005 112/SR) with Dora Landscaping was terminated. Pursuant to a bid request from staff, Eastwood
Tuff Turf submitted a bid at a cost of $2,000 per week for 12 weeks ($24,000) to take over (effective
immediately) the landscape maintenance services for State Road 434 until a new full -time contractor is
selected. Since we are currently at the height of the growing season, Eastwood's generosity in taking
the work at the worst possible time is duly noted and appreciated.
Bids were requested by staff and received as follows:
1. Dawnalee Corp. - Declined
2. Annan Landscaping - $2,100 per cut. Unable to start until first week in July.
3. Eastwood Tuff Turf - $2,000 per cut. Can start immediately.
Funding for the interim agreement with Eastwood is available from the balance of the previous contract
with Dora and the balance of the 1525 R &M Grounds Line Code.
Thank you very kindly,
%vo.. T. Rze"
AGREEMENT FOR INTERIM 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 Eastwood Tuff Turf. Inc., authorized to conduct
business in Florida ( "Service Provider "), located at: 1615 Oklahoma Street, Oviedo, FL 32765.
WITNESSETH:
WHEREAS, City wishes to obtain interim landscape maintenance services for the State Road 434
Rights of Way, Medians, Easements and Ponds Landscape Maintenance 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 interim landscape maintenance services for the
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance, 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) weeks, commencing on June 24, 2013, and
terminating at midnight on September 15, 2013, unless either party chooses to exercise its rights under Section
20, "Termination ".
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.
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (Interim Agreement 6/2013)
C. "Service Provider" shall mean Eastwood Tuff Turf. Inc.. a Florida Corporation,
and its principals, officers, employees, and agents.
"Public Record" shall have the meaning given in Section 119.011(1), Florida
Statutes.
"Work" or "Services" shall be used interchangeably and shall include the
performance of the work agreed to by the parties in this Agreement.
"City Project Manager" or "Designated Representative" or "Project Director" shall mean the City's
Urban Beautification Manager, or his /her designee, who is to provide the general administration
of the Agreement.
3.0 SCOPE OF SERVICES
Service Provider shall do, perform, deliver and carry out, in a professional manner, the type of
services as set forth in the "Scope of Work," attached hereto as Exhibit 'A' and fully incorporated herein by this
reference, including but not limited to the furnishing of all labor, equipment, tools, materials, and incidentals.
4.0 AMENDMENTS AND MODIFICATIONS
Any cardinal change in the terms and conditions set forth in this Agreement must be mutually
agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been
amended in writing.
The City reserves the right to make changes in the work, including alterations, reductions therein, or
additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the
Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to
the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the
City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates
or schedules of this Agreement.
If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work
affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to
make the change, the City shall issue an Amendment to this Agreement or Change Order and the Service
Provider shall not commence work on any such change until such written amendment or change order has been
issued and signed by each of the parties.
5.0 SCHEDULE
Service Provider shall perform services in conformance with the schedule reasonably established
by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep
City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City.
Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply
with the schedule.
No extension for completion of services shall be granted to Service Provider without City's prior
written consent.
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 Twenty -Four Thousand Dollars ($24,000).
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.
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (interim Agreement 6/2013)
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.
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.
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (interim Agreement 6/2013)
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.
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:
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (Interim Agreement 6/2013)
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.
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.
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (Interim Agreement 6/2013)
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
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.
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (Interim Agreement 6/2013)
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:
Eastwood Tuff Turf, Inc.
1615 Oklahoma Street
Oviedo, FL 32765
For City:
City of Winter Springs
Urban Beautification Manager
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327 -1800 x315
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (Interim Agreement 6/2013)
change. 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;
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.
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (Interim Agreement 6/2013)
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
shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any
power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of
this Agreement shall be held to be a waiver of any other breach.
43. EXCLUSIVITY
This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for
work similar to that to be performed by the Service Provider hereunder.
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (Interim Agreement 6/2013)
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)
U
Title
D- te
af
CITY:
CITY OF WINTER SPRINGS, FLORIDA
A Florida munici al corpor b n
KEVI SMI
City anger
Date
ATTEST:
ANDR ACES, City Clerk
State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance Agreement (Interim Agreement 612013)
Exhibit 'A'
SUMMARY OF WORK
SCHEDULE OF LANDSCAPE MAINTENANCE SERVICES
:MAINTENANCE CODE
FREQUENCY
1. MOW
2. TRIM HEDGES
A. WEEKLY
3. WEEDEATER
B. BI- WEEKLY
C. MONTHLY
5. EDGING
D. SEMI- ANNUAL
6. WEEDING
E. AS NEEDED
7. PRUNING
F. ANNUALLY
8. TRASH PICK -UP
G. 3 TIMES A YEAR
9. CHEMICAL PROGRAM (AS PER Sz:cTroN oiroo.ii)
H. B1- MONTHLY
I. AS REQUESTED
10. ANNUAL$
J. PER PROGRAM
11. CUTTING NATIVE GRASSES (CUTeAcxnromoRETHANf 5o%)
12. IRRIGATION MAINTENANCE (wEN0TE81NrACHELocArtowScoPa?
Note: Rights -of- -way are generally to be maintained a minimum of 5' feet behind sidewalks and fences
(furthest from curb line) where sidewalks and fences exist, unless otherwise noted. There are areas
where additional mowing beyond 6' behind sidewalks Is requi
Pond 2 - between Stone Gable Subdivision and Winding Hollow Subdivision. IrTlgatlon is to be
maintained along front fence TBOS Timer (2 zones).
Pond 3 - adjacent to Post Office (1lloludea pond In front and back).. Irrigation has to be maintained
along front fence -� T130S Timer (1 zone).
Pond 4 - North side of SR 434 Vilest of Tuscora Blvd.
4. VISTAWILLA DRIVE MEDIAN
Median located on Vistawilla drive adjacent to SR 434. There is St. Augustine turf and lush landscaping
to be maintained. The reclaimed water irrigation system (battery timer) Is to be monitored monthly, at
minimum. Trash pickup is a focus at this location as it is at a stop light near a oonvenienoe store.
SECTION 01100
TECHNICAL SPECIFICATIONS
(Alf specllP'oatfons are as follows unfew otherwise speolfied In the Schedule of Landscape Alalntenance Services.)
1.0 MOWING
The mowing of all grassed areas shall be no less than once every seven (7) days In the heavy growing
season. Mowing shall be no less than 151-weekly, or as instructed by the City's Representative, during. the
dormant growing season. Dormant and heavy growing seasons are dictated by the weather and therefore may
change per the City's Representative, but otherwise 'shall be.
Heavy Growing Season - March 1 thru Sept 30.
Dormant Growing Season — Oct 1 thru Feb 28.
All turf areas will be mowed to the following heights: St. Augustine to a height of 4 inures on average and
Bahia to a height of 3 inches on average, depending upon established grass needs, by finish mower or turf
mower. No bahla seed pods shall remain Immediately after each mowing. At no time shall more than one -third
(713) of the leaf surface be removed in one mowing.
Prior to mowing and trimming any turf and bed areas; paper, trash, bottles, wood, cans and all other
debrio (as well as misplaced dirt or sand) must be removed from areas Immediately bordering site and actual site
locations. Areas are to look clean and neat and free of debris at all times.
Any clipping, trimming debris will be removed #rota site as work Is completed, or at the end of each day
that work is performed. Lawn clippings may be left on the turf areas so long as no readlly visible eiumps remain
on the grass surface after mowing. Otherwise large ciumps of clippings will be collected and disposed of by
Contractor, In case of fungal disease outbreaks, all clippings will be collected and properly disposed. of until
disease Is undetectable.
2.0 MULCHING
Mulching to be performed during the winter months (Nov /floc) In order to keep planted areas neat and
freshly maintained. Mulch depth to be a minimum of three (3) Inches and placed, not dumped, as well as kept
from around the immediate base of plants and shrubs. mine bark mulch is to be used unless otherwise instructed
by.the City'a Representative.
3.0 EDGING
Edging of all walks, curbs, edging of pavements, hardscapes, and grass Invasion shall be done weekly
during the.heavy growing season and bi- weekly for the remainder of the year. Ali grass and dirt to be blown off
onto grass areas only. No. debris shall be blown onto hard surfaces or into shrub or flower beds, Schedule for
edging of soft surfaces such as turf, bed borders; .and ground cover shall be performed bi- weekly or more as
needed.
State Road 434 Rights of way, Medians, Easements and Fonds landscape Maintenance aTB o05/121SM
4.0 WEEDEATIN(3
Areas inaccessible to mowing equipment shall be kept neet, and trimmed as needed. Trimming of grass
and weads around any fXed objects (galls, light posts, light fixtures, equipment boxes, pond structures, sign .
Posts, . guard rails, fences, and trees) will be done through chemical control within a limit of six Inches (61)
maximum or mechanical trimmer so as not to indict damage of any kind to structure, equipment or tree. Weed
eating.or mechanical trimming of ponds shall*be done to thewaters edge.
5.0 PRUNING. SHRUBS AND ORNAMENTALS
Pruning of plants shall be performed as needed to remove dead woad harboring insects and disease and
to.pramote maximum heath and growth. The finding of Trisects or disease shall be reported Immediately to the
City Representative so as to irnit losses:. Aesthetic pruning: shall consist of removal of dead or broken branches.
Pruning shall be performed to balance infiltration light to enhance new growth.
Small leafed shrubs, such as pittosporum, azaleas and Indian hawthorn, eta, are to be kept trimmed .in a
tight, meat appearance, with removal of partial new growth after no more that four Inches of new growth appears. .
Lager leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4" before removal. But'st 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 threo fines 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.
.AQ plants and ornamentals that produce any dead members (i.e., coontle, sage, aztec grasses, hotly fam,
etc.) areAo be systematically checked and craned with special attention to early spring cleanup, At no time shall
grasses be "trimmed of more than 50% of their foliage and should be trimmed during the March /April time frame.
6.0 PLANT REPLACEMENT
The Contractor shall be responsible for replacing any plant materials that die or become damaged. to the
point that the plant grade is less than Florida Number 7 as a result of neglect or damage caused by ,the
maintenance operation. Replacement material shall be Identical to plant species, quality and specifications of the
materials at the time the loss occurs.
7.0 TREE TRIMMING
All' trees, except Craps myrtles, are to be trimmed as often as necessary to meet public safety
requirements and comply-with ISA industry standards. Trimming of established trams shalt be to a maximum of
ten (10)' foot under canopy and pruned just outside the branch collar by the Service Provider. New or young trees
are to be pruned with an ideal under canopy of seven (7) feet or to a suitable and healthy height for each tree.
Sucker growth is to be removed by hand or trimmer from the base of a tree. Herbicides are not to be used for this
purpose.
Palms are to be trimmed regularly to ensure the absence of seed pods and dead or dying fronds dropping
to the grround and not as severely as the hurricane cut; using the 913 rule. Ligustrum and Nally trees are to be
maintwned per Industry standards and trimmed a minimum of once every third week, or as specified by Gay's
Representativa. In Rights- of=Way areas along sidewalks and roadways, vines and small limbs may grow out and
disrupt pedestrian or vehicular traffic, such obstacles are to be removed as needed during the service schedule
by way of pruning shears or a hand saw.
Approved traffic (M.(1.T.C.D,) warning devices shall be used when necessery to provide safety to persons
and vehicular traffic within any areas undergoing pruning. Work will be scheduled: after consulting with the City's.
Representative.
State (toad 434 Rights of Way, Medlans, Easements and Ponds Landscape Maintenance 011B 0o5nnR)
8.0 WEEDING
Weeding of all plant bed areas Is to be as often as necessary to conform with the shrub trimming,
Schedule, and to control weed population and maintain healthy plants, Remove weeds, vines and "voluntary"
seedlings from planting beds as needed, Weed control in landscaped areas will be accomplished by hand
weeding and /or application of roundup and a pre - emergent herbicide, if needed. All weeds in sidewalks,
herdscapes, drains, curb lines, or other paved areas shall be chemically controlled or removed by hand.
9.0 ANNUALS (As Requested)
Annuals are to be changed as requested. A quantity of (as directed) annuals of 4" full bloom is to be
determined by Owner or City's Representative for each seasonal change. A schedule shall be determined and
agreed upon by both Owner and Service Provider. Bed preparations are to consist of 14-14.14 Granular
fungicide and Cavalier Subdue GR. along with any added soil preparations or enhancements needed to facilitate
strong healthy growing annuals.
10.0 IRRIGATION
Complete irrigation inspections shall be performed one (1) time per month at minimum. Details of the
inspection shall be recorded on a log sheet (to be submitted with the monthly billing) and consist of the following:
1. Tuming on each zone and inspecting each head for the proper coverage, Including straightening,
adjusting the output of water, adjusting spray pattern and unclogging any heads.
2 Repairing broken heads and lateral lines, as necessary,
3. Checking the Irrigation controller(s) for proper operation and programming. if there are battery
controllers on the site, check each for battery life and replace at 75% depletion,
4. Test rein sensor(s) for proper operation and replace as necessary.
6. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the
mainline,
6. Checking water source for leaking and visual inspection of backflow device, if present.
7. Visually inspect turf, planters and trees In irrigated areas for signs of drought stress and effect
adjustments and/or repairs to remedy the issue. A visual 'ride through' of all Irrigated aceass
shalt be done sac week during the growing season and bi- weelkly during the dormant
season. This activity can also be. accomplished by the mowing crew.
The Service Provider shall submit a detailed report,, at the time of billing of each monthly. service,
consisting of the clock and location, each zone by number, and any repairs or work performed during that service.
All parts used will be itemized on the bill with a maximum of 250.00 billed for repairs without VERBAL approval
during 'the regular monthly scheduled maintenance visit, If there is an additional cost for repairs beyond the
maximum of $250, the Owner or City Representative must be given a verbal report of the repair and costs
Involved before the work is to be performed. No payment will be made for heads or parts damaged by the
Service Provider.
Service Provider shalt immediately repair any and all damaged property within the areas specified In this
agreement to meet original specifications with commercial quality irrigation parts. All work performed by
Contractor to meet industry standards. All damaged irrigation heads shall be turned in each month along with the
monthly billing in order to qualify for payment.
All labor required to repair or replace defecttVe parts is Included in the contract price except when
repairing valves, main lines or lateral litres over 1 V, 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 proftt:
Contractor is to a ei notify Owner if a mainline leak is noticed. Should the Service Provider need
to shut down the mainline r�ason, the Owner must be contacted at: {407) 327-591g,
State Road 434 Rigf is of way, Medians, Easements and Ponds Landscape Malrbnance (rra 0051121SR)