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HomeMy WebLinkAboutEastwood Tuff Turf, Inc. - Landscape Maintenance Agreement - 2013 09 16 AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES ("Agreement") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), located at 1126 East State Road 434, Winter Springs, Florida 32708, and Eastwood Tuff Turf of Central Florida, Inc., authorized to conduct business in Florida("Service Provider"),located at 1615 Oklahoma Street,Oviedo,FL 32765. WITNESSETH: WHEREAS, City wishes to obtain landscape maintenance services for the State Road 434 Rights of Way, Medians,Easements and Ponds Landscape Maintenance(ITB 004/13/SR)for a limited time period;and WHEREAS,Service Provider participated in the selection and negotiation process;and WHEREAS, Service Provider is willing to provide such landscape maintenance services for the State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance (ITB 004/13/SR), for the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties covenant and agree as follows: 1.0 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 2.0 TERM AND DEFINITIONS. 2.1 The term of this Agreement shall be for twelve (12) months, commencing on September 16, 2013, and terminating at midnight on September 15, 2014, unless either party chooses to exercise its rights under Section 20, "Termination". The parties shall have the option to extend the term of this Agreement for five (5) one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety(90)days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee(hereinafter"City Manager")shall review the performance of the Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date. The City manager shall recommend a one (1) year extension or termination. Should the Service Provider and City agree to extend the Agreement, the Service Provider may be entitled to an increase in rates in an amount not to exceed one half(1/2) the change in the Consumer Price Index(CPI) for the most recently available twelve (12)month period for All Urban Consumers(CPI-U) for All Items,U.S.City average,published by the Bureau of Labor Statistics of the U.S.Department of Labor for 1982-84,or the successor index to same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. 2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this agreement,as amended from time to time,which shall constitute authorization for the Service Provider to provide the maintenance services approved by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. c. "Service Provider" shall mean Eastwood Tuff Turf of Central Florida, Inc., a Florida Corporation,and its principals,officers,employees,and agents. d. "Public Record"shall have the meaning given in Chapter 119,Florida Statutes. e. "Work" or"Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manager" or "Designated Representative" or "Project Director" shall mean the City's Urban Beautification Manager,or his/her designee,who is to provide the general administration of the Agreement. 3.0 SCOPE OF SERVICES Service Provider shall do,perform, deliver and carry out, in a professional manner, the type of services as set forth in the "Scope of Work," attached hereto as Exhibit `A' and fully incorporated herein by this reference, including but not limited to the furnishing of all labor,equipment,tools,materials,and incidentals. 4.0 AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Service Provider,and may be implemented only after this Agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein, or additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change,the Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and(3)advise the City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing,the Service Provider shall suspend work on that portion of the work affected by a contemplated change,pending the City's decision to proceed with the change. If the City elects to make the change,the City shall issue an Amendment to this Agreement or Change Order and the Service Provider shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. 5.0 SCHEDULE Service Provider shall perform services in conformance with the schedule reasonably established by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule,it shall employ such resources so as to comply with the schedule. 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 Eighty Seven Thousand,Six Hundred and Ten Dollars($87,610). 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 State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the parties in writing. 6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty(30)days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. 6.4 Truth-In-Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the execution of a truth-in-negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate,complete,and current as of the date of the Agreement. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS The Service Provider shall maintain records on the City's projects, in accordance with generally accepted accounting principles 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, Service Providers, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its Service Providers, 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(ITB/004/13/SR) 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 Service Provider and not an agent of the City. The Service Provider, its Service Providers, partners, agents, and their employees are independent Service Providers and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent Service Provider,between the City, on one hand, and the Service Provider, its Service Providers, 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, Service Providers,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 sub-Service Providers. Service Provider shall indemnify and save the City harmless for any damage resulting to them for failure of either Service Provider or any sub-Service Provider to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain during the term of this Agreement: COVERAGE MINIMUM LIMITS General and Auto Liability $500,000 per person/incident $1,000,000 incident Professional Liability(if applicable) $1,000,000 State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) Worker's Compensation Statutory Neither Service Provider nor any subService Provider 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 fmancial 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 Service Provider'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 sub-Service Providers, if any, with respect to the work and services described herein. 18.0 PUBLIC RECORDS In accordance with section 119.0701, Florida Statutes, Service Provider agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form,characteristics,or means of transmission,made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119,Florida Statutes. Service Provider agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Service Provider also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Service Provider shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Service Provider shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Service Provider upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Service Provider does not comply with a public records request,the City shall have the right to enforce the provisions of this Paragraph. In the event that Service Provider fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Service Provider's failure to comply with the provisions of this Paragraph,the City shall be entitled to collect from Service Provider prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Service Provider. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Service Provider's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. 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 sub-Service Provider as if no subcontract had been made. 19.3 If City determines that any sub-Service Provider 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 sub-Service Provider, Service Provider shall require the sub-Service Provider 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(ITB/004/13/SR) 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. 21.0 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. 22.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 23.0 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. 24.0 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. 25.0 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(ITB/004/13/SR) 26.0 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 of Central Florida,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 33.2 Either party may change the notice address by providing the other party written notice of the change. 34.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such,the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), 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 three hundred thousand dollars ($300,000.00). 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 Service Providers,and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, Service Providers, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's, and its employees, partners, Service Providers, 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, Service Providers, and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees, partners,Service Providers,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. State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) 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 SERVICE PROVIDER The Service Provider agrees that it is an independent Service Provider with respect to the services provided pursuant to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole discretion, supervision, and control. The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 42. NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time,nor any possession taken by the City of the product or services hereunder shall operate as a waiver of(1) any provision of this Agreement, (2)the right to have it fully performed, (3)any power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. 43. EXCLUSIVITY This is not an exclusive Agreement. The City may,at its sole discretion,contract with other entities for work similar to that to be performed by the Service Provider hereunder. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. **Continued on the next page** State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) • SERVICE PROVIDER:E•45'TtJ000 TUFF rV E.F -1A&) C4Orideop 4- L"y« Name(Printed and Signed) v,) Title 8£a z./13 Date CITY: CITY OF WINTER SPRINGS,FLORIDA A Florida municipal corporaf KEVIN . SMITH City anager August 14, 2013 Date ATTE T: - : , 1►:". ZO-LUACES,City Clerk State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) GENERAL CONDITIONS 1. SCOPE The scope of work includes furnishing landscape maintenance services for State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance, including all labor, equipment, tools, materials, and incidentals, and performing of all operations necessary as described in the Project Manual and attachments. 2. ENGINEERS(not used) 3. APPLICABLE SPECIFICATIONS AND REQUIREMENTS All work to be performed on this project shall conform to applicable specifications and requirements included (or referenced)in these Contract Documents. 4. PERMITS AND REGULATIONS The Service Provider shall procure and pay for all permits, licenses, and bonds necessary for the prosecution of the Work, and/or required by municipal, State and federal regulations, laws and procedures, unless specifically provided otherwise in the Contract Documents.The Owner shall provide all required easements. The Service Provider shall give all notices, pay all fees, and comply with all federal, state and municipal laws, ordinances, rules and regulations and codes bearing on the conduct of the Work. This Contract, as to all matters not particularly referred to and defined herein, shall notwithstanding,be subject to the provisions of all pertinent ordinances, codes and normal regulatory procedures of the municipality or other political subdivision within whose limits the Work is constructed,which ordinances,codes and procedures are hereby made a part hereof with the same force and effect as if specifically set out herein. 5. PERFORMANCE AND PAYMENT BONDS(not used) 6. BID BOND **See Section 00100,paragraph 1.4 B 7. INSURANCE AND HOLD HARMLESS INDEMNIFICATION(see SECTION 00500,Paragraph 16.0) Hold Harmless Agreement-To the fullest extent permitted by laws and regulations Service Provider shall indemnify and hold harmless Owner and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of Service Provider, any Sub-Service Provider, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against Owner or any of their consultants, agents or employees by any employee of Service Provider, any Sub-Service Provider, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Service Provider or any such Sub-Service Provider or other person or organization under workers' or workmen's compensation acts,disability benefit acts or other employee benefit acts. Service Provider's Liability Insurance -The Service Provider shall not commence any work under this Contract until he has obtained all insurance required under this paragraph. Service Provider shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from Service Provider's performance and State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) • furnishing of the Work and Service Provider's other obligations under the Contract Documents, whether it is to be performed or furnished by Service Provider,by any Sub-Service Provider,by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The insurance required by this paragraph shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided or required by law,whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to Service Provider's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained(or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Owner by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Service Provider may be correcting, removing or replacing defective work in accordance with the Contract Documents. Service Provider's General Liability Insurance shall include the Owner, and Owner's consultants as insured or additional insured which may be accomplished by either an endorsement of Service Provider's Comprehensive General Liability policy or by Service Provider's carrier issuing a separate protection liability policy. Various types of coverage and corresponding limits are further described under Article 16.0 of the Agreement(Section 00500). 8. SALES TAX The Service Provider shall include in his bid,and shall pay, all Florida State sales tax and other local, State,and Federal taxes in accordance with existing laws and regulations. 9. LAYOUT OF WORK (not used) 10. CHANGES IN THE WORK The owner may, at any time, or from time to time, without invalidating the Agreement order alterations, deletions or revisions in the Work by written Change Order or Field Order. Upon receipt of any such order Service Provider shall promptly proceed with the Work involved which shall be performed under the applicable conditions of the Contract Documents. Any deviations from these specifications, plans and contract documents, must be approved by the Owner in advance of the construction either by a written and executed Change Order or a written Field Order. The Service Provider agrees that he will do such work as may be required for the proper execution of the whole work herein contemplated, including all labor, equipment and materials reasonably necessary for the proper completion of the work. The Service Provider agrees that he will make no claim for extra work unless that material or work is not covered by, or properly inferable from the Contract Documents. If the Service Provider makes a claim for an extra or additional cost and requests a Change Order be issued prior to performing the work,and the Owner renders a decision denying such request, the Service Provider must notify the Owner in writing within 3 days of the time that the Service Provider is informed of the Owner's decision. Otherwise the Owner will not consider any such difference as a claim for a Change Order or additional payment or time. Any such written notice received by the Owner from the Service Provider within the 3-day period shall be just reason for the Owner to re-evaluate his previous decision. 11. DEFINITION AND COORDINATION OF CONTRACT DOCUMENTS The Advertisement for Bids,Proposal and Agreement,General Conditions, Special Conditions,and addenda,any change orders, the drawings and specifications, and any supplementary documents are essential parts of this contract, and together constitute the Contract Documents. Any item shown on the drawings shall be considered as included in the specifications, whether specifically mentioned therein or not, and vice versa. Any errors or omissions as to standards or work in the drawings and specifications shall in no way relieve the Service Provider of the obligation to furnish a first-class job in accordance with the best standard practice and in accordance with the intent of the Contract Documents. A. In case of conflict,the precedence of the Contract Documents shall be as follows: 1. Service Provider's Bid(Proposal)and Agreement 2. Change Orders State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) 3. Special Conditions 4. Advertisement 5. Instructions to Bidders 6. General Conditions 7. Drawings An addendum issued prior to bid, may modify any of the contract documents in existence at that time. The addendum takes precedence over the previous issue of the contract document being modified. 12. FINAL DRAWINGS(not used) 13. CONSTRUCTION SCHEDULE(not used) 14. PAYMENTS The Service Provider shall give a detailed invoice and written report at the end of each month describing the work performed at each of the designated locations listed in this agreement. If any repair work,or plantings were made during the month, a detailed description of the work performed, plantings and/or repairs are to be listed with their respective locations and attached to the invoice. The City Representative prior to processing for payment will review these invoices. In case of any conflicts,an inspection of the area and work in question will be made by the City Representative and an authorized representative of the Service Provider at a time agreed upon by both parties not more than five (5) working days after receipt of invoices. Once the City Representative has approved the invoices, payment will be thirty (30)days thereafter. A. Payments may be withheld if: 1. Work is found defective and not remedied; 2. Repairs or replacements have not been made for which the Service Provider is responsible; 2. Service Provider does not make prompt and proper payments to subService Providers; 3. Service Provider does not make prompts and proper payments for labor,materials,or equipment furnished him; 4. Another Service Provider is damaged by an act for which Service Provider is responsible; 5. Claims or liens are filed on the job;or 6. In the opinion of the City of Winter Springs,Service Provider's work is not progressing satisfactorily. 15. PAYMENTS WITHHELD The Owner will disburse, and shall have the right to act as agent for the Service Provider in disbursing such funds as have been withheld pursuant to Section 00700, paragraph 14, to the party or parties who are entitled to payment therefrom. The Owner will render to the Service Provider a proper accounting of all such funds disbursed in behalf of the Contract. 16. OWNER'S RIGHT TO TERMINATE THE CONTRACT(see SECTION 00500,Paragraph 20.0) 17. GENERAL GUARANTEE(not used) 18. APPAREL All service provider personnel shall maintain a professional,neat and appropriate appearance when on job site in order to reflect the standards of the community. Marked uniforms shall be worn when working on the project. Footwear shall conform to the appropriate OSHA standards. State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) SUMMARY OF WORK 1. GENERAL 1.1 Work Covered by Contract Documents A. The work to be performed under this Contract consists of landscape maintenance services for State Road 434 Rights of Way, Medians, Easements and Ponds Landscape Maintenance. Perform all work in accordance with the Contract Documents. Furnish all materials, equipment, tools, and labor which are reasonably and properly inferable and necessary for the proper completion of the work, whether specifically indicated in the Contract Documents or not. B. During the contract period, or part thereof, the service provider shall coordinate its work with the City's Representative. The service provider shall provide chemical application services and irrigation maintenance services as prescribed in the project manual. Payment for these services shall be in accordance with the unit prices established herein. C. The Service Provider shall be obligated, at its expense, immediately or promptly to repair to the City's Representative's satisfaction, any damage to exterior plantings, or irrigation systems or any other property within the areas specified in this agreement. In the event the Service Provider has not repaired any such damage within reasonable time, as determined by the City's Representative, the City may repair such damage and deduct such cost from the next payment due to the Service Provider. The Service Provider shall be liable to the City for any such cost in excess of the amount deducted by the City. D. The Service Provider shall be obligated to immediately notify the City Representative verbally and follow in writing within twenty-four (24) hours after the event of any damage which the Service Provider discovers, or should have discovered in the exercise of reasonable care, whether or not such damage was caused by the Service Provider. E. Prior to the commencement of work on this contract, an authorized representative of the Service Provider and the Designated Representative of the City may perform a video condition survey of all exterior plantings at each of the designated areas of the City covered by this Agreement. The Service Provider and the City shall jointly prepare and sign a written report of the condition survey which shall describe the condition and location of all unhealthy plants F. During the 30 day period preceding the expiration of the term of this Agreement, or, in the event of an earlier termination a 30 day period following the termination,a final condition survey may be made jointly by the City Representative and the Service Provider. This survey shall establish a punch list of plantings and material that do not meet the specifications and that must be replaced prior to the final completion of the contract. If the plantings and materials so identified are not replaced, an appropriate amount shall be withheld from the final payment. 2. CONTRACT 2.1 General A. This project shall be a unit price contract. B. The project as shown on the Attachments and described in these specifications constitutes the work to be performed under this contract. 3. SAFETY REQUIREMENTS 3.1 General State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) A. Any equipment and tools used in performing the work under this Agreement shall conform to the Florida Department of Transportation-Manual of Uniform Traffic Devices. B. Equipment shall be maintained in good repair, shall be fueled on concrete surfaces only, and shall be provided with the proper noise reduction and safety devices as prescribed by the Occupational Safety and Health Administration(OSHA). C. Service Provider shall have and follow at all times an approved Florida Department of Transportation (FDOT) Maintenance of Traffic (MOT) Plan while working on and along State Road 434. Failure to follow the approved MOT Plan,including,but not limited to: (1)the posting of men working signs,and(2) all workmen wearing DOT Certified reflective vests in the work zone, during work activities, could result in a warning for the first offence,followed by a notice of cancellation for any subsequent violation. **END OF PAGE** State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) SUMMARY OF WORK (All specifications are as follows unless otherwise specified in Section 01100—Technical Specifications) SCHEDULE OF LANDSCAPE MAINTENANCE SERVICES MAINTENANCE CODE FREQUENCY 1. MOW A.WEEKLY 2. TRIM HEDGES B.BI-WEEKLY 3. WEEDEATER C.MONTHLY 4. MULCH-3" DEEP(350 yards total) D. SEMI-ANNUAL 5. EDGING E.AS NEEDED 6. WEEDING F.ANNUALLY 7. PRUNING G. 3 TIMES A YEAR 8. TRASH PICK-UP H.BI-MONTHLY 9. CHEMICAL PROGRAM I.AS REQUESTED 10.ANNUALS J.PER PROGRAM 11. CUTTING NATIVE GRASSES(CUT BACK NO MORE THAN SO%) 12.IRRIGATION MAINTENANCE(SEE NOTES IN EACH LOCATION/SCOPE) Note: Rights-of-way are to be maintained a minimum of 5' feet behind sidewalks,plant beds and fences(furthest from curb line),unless otherwise noted. There are areas where additional mowing beyond 5' behind sidewalks is required. Please visit each site to verify and ask questions as necessary when calculating your bid. MAINTENANCE/FREQUENCY CODE SEASONAL VARIATION A B MONTH MONTH ITEM#&DESCRIPTION 03/01 THRU 09/30 10/01 THRU 02/28 1. SR 434 MEDIANS(SR 419 to SR 417) 1A,2A,3A,5B,7E,8A, 1B,2E,3B,4F,5E,8A,6B 6A,9J,11F,12J 9J,7E,12J 2. SR 434 RIGHTS OF WAY 1A,2B,3A,5A,6A,8A, 1B,2E,3B,4F,5E,6E, 7E,9J,12J 8A,7E,9J,12J 3. FDOT PONDS 1B,2B,3B,5B,8B,12J 1E,2E,3E,4F,5E,8B, 11F,6E,7E 11E,6E,7E,12J 4. VISTAWILLA DRIVE MEDIAN 1A,2B,3A,5B,6A,7E, 1B,2E,3B,4F,5C,6E,7E, 8A,12C 8A,12C LOCATIONS AND SCOPE 1. MEDIANS(SR 434) From intersection at SR 17-92 to SR 417 overpass(including median just East of SR 417 overpass). SR 434 Village Walk (17-92 to SR 419) has irrigation to be maintained. Timers are located at the intersections of Moss Road and Belle Avenue at SR434. Medians between Central Winds Blvd and Tuskawilla Road have irrigation to be maintained. Battery operated timers are in the medians. All irrigation on SR 434 in the medians and ROW is supplied with reclaimed water.Mulching and Fertilization to be performed for all plant bed areas. 2. RIGHTS of WAY(SR 434) Both sides of roadway on SR 434 from Talmo St. to SR 417 (to roadway sign East of overpass on South side R.O.W.) Service area is from curb to minimum of 5' behind sidewalks and planter bed areas (where applicable and wider as necessary in some areas). To include gazebo areas located at Moss Road and Winter Springs Elementary(SR 434 frontage). SR 434 Village Walk(17-92 to SR 419) has irrigation to be maintained. Timers are located at the State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) intersections of Moss Road and Belle Avenue at SR434.Mulching and Fertilization to be performed for all plant bed areas. 3. FDOT PONDS(SR 434) Pond 1 -at intersection of Consolidated Services Rd.(Sem. Cty.Bus Barn)and SR 434. Pond 2-between Stone Gable Subdivision and Winding Hollow Subdivision.Irrigation is to be maintained along front fence—TBOS Timer(2 zones). Pond 3-adjacent to Post Office(Includes pond in front and back). Irrigation has to be maintained along front fence—TBOS Timer(1 zone). Pond 4-North side of SR 434 West of Tuscora Blvd. Mulching and Fertilization to be performed for all plant bed areas(Ponds 2,3) 4. VISTAWILLA DRIVE MEDIAN Median located on Vistawilla Drive adjacent to SR 434. There is St.Augustine turf and lush landscaping to be maintained. The reclaimed water irrigation system (battery timer) is to be monitored monthly, at minimum. Trash pickup is a focus at this location as it is at a stop light near a convenience store. Mulching to be performed for all plant bed areas. TECHNICAL SPECIFICATIONS SPECIFIC TASKS 1.0 MOWING The mowing of all grassed areas shall be no less than once every seven (7) days in the heavy growing season. Mowing shall be no less than bi-weekly, or as instructed by the City's Representative, during the dormant growing season. Dormant and heavy growing seasons are dictated by the weather and therefore may change per the City's Representative,but otherwise shall be: Heavy Growing Season -March 1 thru Sept 30. Dormant Growing Season—Oct 1 thru Feb 28. All turf areas will be mowed to the following heights: St. Augustine to a height of 4 inches on average and Bahia to a height of 3 inches on average, depending upon established grass needs, by finish mower or turf mower. No bahia seed pods shall remain immediately after each mowing. At no time shall more than one-third(1/3) of the leaf surface be removed in one mowing. Prior to mowing and trimming any turf and bed areas;paper, trash,bottles,wood, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site and actual site locations. Areas are to look clean and neat and free of debris at all times. Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Service Provider. 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 (by no later than December 15) in order to keep planted areas neat and freshly maintained. Mulch depth shall be a total of three(3) inches, and placed,not dumped, as well as kept from around the immediate base of plants and shrubs. Pine bark mulch is to be used unless otherwise instructed by the City's Representative. Please note: If mulching is not completed by December 15, Service Provider will have deducted the amount of$250 per week, not to exceed $1,000 per month,from the invoice for services in compensation for irreparable damages to the City caused by the mulch not being installed as per contract specifications. State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) 3.0 EDGING Edging of all walks, curbs, edging of pavements, hardscapes, and grass invasion shall be done weekly during the heavy growing season and bi-weekly for the remainder of the year. All grass and dirt to be blown off onto grass areas only. No debris shall be blown onto hard surfaces or into shrub or flower beds. Schedule for edging of soft surfaces such as turf,bed borders,and ground cover shall be performed bi-weekly or more as needed. 4.0 LINE TRIMMING Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. Trimming of grass and weeds around any fixed objects(walls,light posts,light fixtures,equipment boxes,pond structures,sign posts,guard rails, fences, and trees) will be done through chemical control within a limit of six inches (6") maximum or mechanical trimmer so as not to inflict damage of any kind to structure, equipment or tree. Line trimming or mechanical trimming of ponds shall be done to the water's edge. 5.0 PRUNING SHRUBS AND ORNAMENTALS Pruning of plants shall be performed as needed to remove dead wood harboring insects and disease and to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the City Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches. Pruning shall be performed to balance infiltration light to enhance new growth. Small leafed shrubs, such as pittosporum, azaleas and Indian hawthorn, etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more that four inches of new growth appears. Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4" before removal. But at no times are shrubs to display a disorderly appearance. Ornamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other week. Sago palms are to be trimmed a minimum of three times a year, or more often, as needed, depending on growth and health. Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. All plants and ornamentals that produce any dead members (i.e., coontie, sage, aztec grasses, holly fern, etc.) are to be systematically checked and cleaned with special attention to early spring cleanup. At no time shall grasses be trimmed of more than 50%of their foliage and should be trimmed during the March/April time frame. 6.0 PLANT REPLACEMENT The Service Provider shall be responsible for replacing any plant materials that die or become damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the loss occurs. 7.0 TREE TRIMMING All trees,except Crape myrtles, are to be trimmed as often as necessary to meet public safety requirements and comply with ISA industry standards. Trimming of established trees shall be to a maximum of ten (10) foot under canopy and pruned just outside the branch collar by the Service Provider. New or young trees are to be pruned with an ideal under canopy of seven(7) feet or to a suitable and healthy height for each tree. Sucker growth is to be removed by hand or trimmer from the base of a tree. Herbicides are not to be used for this purpose. Palms are to be trimmed regularly to ensure the absence of seed pods and dead or dying fronds dropping to the ground and not as severely as the hurricane cut; using the 9/3 rule. Ligustrum and Holly trees are to be maintained per industry standards and trimmed a minimum of once every third week, or as specified by City's Representative. In Rights-of-Way areas along sidewalks and roadways, vines and small limbs may grow out and State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) disrupt pedestrian or vehicular traffic, such obstacles are to be removed as needed during the service schedule by way of pruning shears or a hand saw. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons and vehicular traffic within any areas undergoing pruning. Work will be scheduled after consulting with the City's Representative. 8.0 WEEDING Weeding of all plant bed areas is to be as often as necessary to conform with the shrub trimming schedule, and to control weed population and maintain healthy plants. Remove weeds, vines and"voluntary" seedlings from planting beds as needed. Weed control in landscaped areas will be accomplished by hand weeding and/or application of round-up and a pre-emergent herbicide, if needed. All weeds in sidewalks, hardscapes, drains, curb lines,or other paved areas shall be chemically controlled or removed by hand. 9.0 ANNUALS(As Requested) Annuals are to be changed as requested. A quantity of(as directed) annuals of 4" full bloom is to be determined by Owner or City's Representative for each seasonal change. A schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to consist of 14-14-14 Granular fungicide and Cavalier Subdue GR.along with any added soil preparations or enhancements needed to facilitate strong healthy growing annuals. 10.0 IRRIGATION Complete irrigation inspections shall be performed one (1) time per month at minimum. Details of the inspection shall be recorded on a log sheet(to be submitted with the monthly billing)and consist of the following: 1. Turning on each zone and inspecting each head for the proper coverage, including straightening, adjusting the output of water,adjusting spray pattern and unclogging any heads. 2. Repairing broken heads and lateral lines,as necessary. 3. Checking the irrigation controller(s)for proper operation and programming. If there are battery controllers on the site,check each for battery life and replace at 75%depletion. 4. Test rain sensor(s)for proper operation and replace as necessary. 5. Checking all zone valves for proper open and closure,making sure to inspect for leaking from the mainline. 6. Checking water source for leaking and visual inspection of backflow device,if present. 7. Visually inspect turf,planters and trees in irrigated areas for signs of drought stress and effect adjustments and/or repairs to remedy the issue. A visual `ride through' of all irrigated areas shall be done each week during the growing season and bi-weekly during the dormant season. This activity can also be accomplished by the mowing crew. The Service Provider shall submit a detailed report, at the time of billing of each monthly service, consisting of the clock and location, each zone by number, and any repairs or work performed during that service. All parts used will be itemized on the bill with a maximum of$250.00 billed for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. If there is an additional cost for repairs beyond the maximum of$250, the Owner or City Representative must be given a verbal report of the repair and costs involved before the work is to be performed. No payment will be made for heads or parts damaged by the Service Provider. Service Provider shall immediately repair any and all damaged property within the areas specified in this agreement to meet original specifications with commercial quality irrigation parts. All work performed by Service Provider to meet industry standards. All damaged irrigation heads shall be turned in each month along with the monthly billing in order to qualify for payment. All labor required to repair or replace defective parts is included in the contract price except when repairing valves, main lines or lateral lines over 1 '/", clock or wiring problems, or lines under sidewalks or roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300,BID FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15%for overhead and profit. State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR) Service Provider is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need to shut down the mainline for any reason,the Owner must be contacted at: (407)327-5976 or after hours at(407) 327-2669. 11. CHEMICAL PROGRAM 1.1 FERTILIZATION-TREES AND SHRUBS The fertilization of shrubs (and trees less than 4" caliper) shall be done in accordance with suggested methods of the Cooperative Extension Service. Two (2) granular applications of shall be applied during the contract period during the months of March and August. 1.3 PLANT REPLACEMENT The Service Provider shall be responsible for replacing any plant materials that die or become damaged to the point that the plant grade drops below Florida Number 1 as a result of neglect or damage by the Fertilization Program operation. Replacement material shall be identical to plant species,quality, and specifications of the materials at the time the loss occurs. 1. TREATMENT Timely and prompt applications are required for a successful fertilization program. Service Provider shall promptly notify the City if any insect infestations and/or diseases are noticed on the jobsite. 2.3 DAMAGE/REPLACEMENT Damage to materials and any required replacements are to be addressed no later than thirty(30)days from the date of detection. 2.4 PROJECT PROGRAM The ornamental program will consist of granular fertilization with micronutrients and iron, which shall be used consisting of a specially blended slow release fertilizer for timely feedings of plants. Liquid tree injections may be done on an as needed basis. The Service Provider must arrange the ornamental applications so that he/she will be on the property two (2) times per year for the specific purposes of granular fertilization. Prior to treatment, a detailed product formulation shall be submitted to the Owner/Representative for analysis and discussion. **END OF SECTION** State Road 434 Rights of Way,Medians,Easements and Ponds Landscape Maintenance Agreement(ITB/004/13/SR)