HomeMy WebLinkAboutDawnlee Corporation - Agreement for Landscape Maintenance Services - 2013AGREEMENT 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 DAWNALEE CORPORATION, authorized to conduct
business in Florida ( "Service Provider "), located at: 216 STONER ROAD, WINTER SPRINGS, FL 32708.
WITNESSETH:
WHEREAS, City wishes to obtain landscape maintenance services for the BLUMBERG BOULEVARD
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 landscape maintenance services for the
BLUMBERG BOULEVARD 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) months, commencing on October 1, 2013, and
terminating at midnight on September 30, 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:
BLUMBERG BOULEVARD 2013 LANSCAPE MAINTENANCE AGREEMENT
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 DAWNALEE CORPORATION. a Florida
Corporation, and its principals, officers, employees, and agents.
d. "Public Record" shall have the meaning given in Section 119.011(1), Florida
Statutes.
e. "Work" or "Services" shall be used interchangeably and shall include the
performance of the work agreed to by the parties in this Agreement.
f. "City Project Manager" or "Designated Representative" or "Project Director" shall mean the City's
Urban Beautification Manager, or his /her designee, who is to provide the general administration
of the Agreement.
3.0 SCOPE OF SERVICES
Service Provider shall do, perform, deliver and carry out, in a professional manner, the type of
services as set forth in the "Scope of Work," attached hereto as Exhibit 'A' and fully incorporated herein by this
reference, including but not limited to the furnishing of all labor, equipment, tools, materials, and incidentals.
4.0 AMENDMENTS AND MODIFICATIONS
Any cardinal change in the terms and conditions set forth in this Agreement must be mutually
agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been
amended in writing.
The City reserves the right to make changes in the work, including alterations, reductions therein, or
additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the
Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to
the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the
City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates
or schedules of this Agreement.
If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work
affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to
make the change, the City shall issue an Amendment to this Agreement or Change Order and the Service
Provider shall not commence work on any such change until such written amendment or change order has been
issued and signed by each of the parties.
5.0 SCHEDULE
Service Provider shall perform services in conformance with the schedule reasonably established
by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep
City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City.
Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply
with the schedule.
No extension for completion of services shall be granted to Service Provider without City's prior
written consent.
BLUMBERG BOULEVARD 2013 LANSCAPE MAINTENANCE AGREEMENT
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 NINETEEN THOUSAND TWO HUNDRED AND FORTY -EIGHT Dollars
($19,248). If this Agreement is extended, the total annual amount paid to Service Provider shall not exceed the
above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement.
6.2 Additional Services. From time to time during the term of this Agreement, City may request that
Service Provider perform additional Services not required under the Project Manual. For those additional services
agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal
to that mutually agreed upon by the parties in writing.
6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the
Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this
Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless
otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its
principals, employees, and independent professional associates and consultants in the performance of Work
under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper
invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed.
6.4 Truth -In- Negotiation Certificate. Signature of this Agreement by the Service Provider shall act
as the execution of a truth -in- negotiation certificate certifying that the wage and rates and costs used to determine
the compensation provided for in this Agreement are accurate, complete, and current as of the date of the
Agreement.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services performed by
Service Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this
Agreement.
8.0 AUDIT AND INSPECTIONS
The Service Provider shall maintain records on the City's projects, in accordance with generally
accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available
to the City during the Service Provider's normal business hours for a period of two (2) years after the Service
Provider's final invoice for examination to the extent required to verify the direct costs (excluding established or
standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the
City, the Service Provider shall reimburse the City for the cost of the audit and pay the principal overcharge
amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said
interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original
payment due date(s) to the payment by the Service Provider of all monies owed.
9.0 PROFESSIONALISM AND STANDARD OF CARE
Service Provider shall do, perform and carry out in a professional manner all Services required to
be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the
Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's
profession working in the same or similar locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
Service Provider shall submit a monthly written progress report as to the status of all Work set
forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used
to provide the agreed -upon Services. If the detail is not sufficient in the City Project Manager's reasonable
discretion to permit the City to determine the Work performed or the manner in which it is being performed, the
City may seek more detail from the Service Provider. Service Provider agrees to provide that information within a
reasonable time period.
BLUMBERG BOULEVARD 2013 LANSCAPE MAINTENANCE AGREEMENT
11.0 WARRANTY OF PROFESSIONAL SERVICES
The Service Provider (for itself and any of its employees, contractors, partners, and agents used to
perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors,
partners, and agents used to perform the Services) have sufficient experience to properly complete
the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the
Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict
discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances,
rules, regulations, and lawful orders of any public authority bearing on the performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER
Service Provider hereby represents and warrants to the City the following
a. Service Provider is duly registered and licensed to do business in the State of Florida
and is in good standing under the laws of Florida, and is duly qualified and authorized
to carry on the functions and operations set forth in this Agreement.
b. The undersigned signatory for Service Provider has the power, authority, and the
legal right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
Service Provider has been duly authorized by the board of directors and /or president
of Service Provider. In support of said representation, Service Provider agrees to
provide a copy to the City of a corporate certificate of good standing provided by the
State of Florida prior to the execution of this Agreement.
c. Service Provider is duly licensed under all local, state and federal laws to provide the
Services stated in paragraph 3.0 herein. In support of said representation, Service
Provider agrees to provide a copy of all said licenses to the City prior to the execution
of this Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
With regard to any and all Work performed hereunder, it is specifically understood and agreed to by
and between the parties hereto that the contractual relationship between the City and Service Provider is such
that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its
contractors, partners, agents, and their employees are independent contractors and not employees of the City.
Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or
agents, during or after the performance of the Work under this Agreement.
14.0 PROGRESS MEETING
City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if
required by the City, during the term of work entered into under this Agreement. Service Provider's Project
Manager and all other appropriate personnel shall attend such meetings as designated by the City Project
Manager.
15.0 SAFETY
Precautions shall be exercised at all times for the protection of all persons (including the City's
employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed.
Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance
with the highest accepted standard of safety. Service Provider shall be solely and absolutely responsible and
assume all liability for the safety and supervision of its principals, employees, contractors, and agents while
performing Services provided hereunder.
BLUMBERG BOULEVARD 2013 LANSCAPE MAINTENANCE AGREEMENT
16.0 INSURANCE
Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's
Compensation insurance covering all employees in performance of work under the Agreement. Service Provider
shall make this same requirement of any of its subcontractors. Service Provider shall indemnify and save the City
harmless for any damage resulting to them for failure of either Service Provider or any subcontractor to take out
or maintain such insurance.
The following are required types and minimum limits of insurance coverage which the Service Provider agrees to
maintain during the term of this Agreement:
COVERAGE MINIMUM LIMITS
General and Auto Liability $500,000 per person /incident / $1,000,000 incident
Professional Liability (if applicable) $1,000,000
Worker's Compensation Statutory
Neither Service Provider nor any subcontractor shall commence work under this Agreement until they have
obtained all insurance required under this section and have supplied the City with evidence of such coverage in
the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall
be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating
of "A ", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City
grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms.
The contractor's insurance policies should be endorsed to add the City of Winter Springs as an Additional
Insured. The Service Provider shall be responsible for all deductibles. All of the policies of insurance so required
to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be
cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been
given to the City by certified mail.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
In the performance of work and services under this Agreement, Service Provider agrees to comply
with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this
Agreement that are applicable to Service Provider, its employees, agents or subcontractors, if any, with respect to
the work and services described herein.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Service Provider and its
independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a
Public Record whether in the possession or control of the City or the Service Provider. Said record, document,
computerized information and program, audio or video tape, photograph, or other writing of the Service Provider
is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies
of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection
with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider
be open and freely exhibited to the City for the purpose of examination and/or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to
the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service
Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public
Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due
or to become due hereunder without the prior, written consent of City.
BLUMBERG BOULEVARD 2013 LANSCAPE MAINTENANCE AGREEMENT
19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by
Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the
subcontractor as if no subcontract had been made.
19.3 If City determines that any subcontractor is not performing in accordance with this Agreement,
City shall so notify Service Provider who shall take immediate steps to remedy the situation.
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of
any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates
with insurance coverage as set forth by the City.
20.0 TERMINATION
This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the
City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement
through no fault of the Service Provider. It may also be terminated by the City with or without cause immediately
upon written notice to the Service Provider. Unless the Service Provider is in breach of this Agreement, the
Service Provider shall be paid for services rendered to the City's satisfaction through the date of termination.
After receipt of a Termination Notice and except as otherwise directed by the City, the Service Provider shall:
A. Stop work on the date and to the extent specified by the City.
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.
C. Transfer all work in process, completed work and other material related to the terminated work to the City
or approved designee.
D. Continue and complete all parts of the work that have not been terminated.
21.0 FORCE MAJEURE
Any delay or failure of either party in the performance of its required obligations hereunder shall be
excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes
(except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates'
generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation;
order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided
that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be
diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for
sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance
with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida.
Venue for any federal action or litigation shall be in the Middle District of Florida in Orlando, Florida.
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as
part of this Agreement.
24.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy,
void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall
negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of
the remaining parts of this Agreement shall otherwise be fully enforceable.
25.0 INTEGRATION; MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no
representations, statements, warranties, or agreements other than those expressed herein. This Agreement
BLUMBERG BOULEVARD 2013 LANSCAPE MAINTENANCE AGREEMENT
embodies the entire understanding of the parties, and there are no further or other agreements or understandings,
written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to
herein.
26.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City
and Service Provider.
27.0 PROHIBITION AGAINST CONTINGENT FEES
Service Provider warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
28.0 NO JOINT VENTURE
Nothing herein shall be deemed to create a joint venture or principal -agent relationship between
the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any
manner which would indicate any such relationship with the other party.
29.0 ATTORNEY'S FEES
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an
alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the
successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all
expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such
party or parties may be entitled.
30.0 COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed and
delivered shall be considered an original agreement; but such counterparts shall together constitute but one and
the same instrument.
31.0 DRAFTING
City and Service Provider each represent that they have both shared equally in drafting this Agreement
and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute
between the parties.
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:
DAWNALEE CORPORATION
216 STONER ROAD
WINTER SPRINGS, FL 32708
PHONE: (407) 696 -7343
BLUMBERG BOULEVARD 2013 LANSCAPE MAINTENANCE AGREEMENT
For City:
City of Winter Springs
Urban Beautification Manager
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327 -1800 x315
33.2 Either party may change the notice address by providing the other party written notice of the
change.
34.0 SOVEREIGN IMMUNITY
Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement
shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or
other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be
liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City
shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred
thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or
occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive
termination of this Agreement.
35.0 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city
attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries
(including but not limited to death), or liability (including reasonable attorney's fees through any and all
administrative, trial and appellate proceedings), directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services performed
under this Agreement by Service Provider, and its employees, principals, agents,
independent contractors, and consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting
from Service Provider's and its employees, partners, contractors, and agents on
the performance of the Services being performed under this Agreement;
d. Service Provider's, and its employees, partners, contractors, and agents failure
to comply with the provisions of any federal, state, or local laws, ordinance, or
regulations applicable to Service Provider's and its employees, partners,
contractors, and agents performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider and its
employees, partners, contractors, and agents on the City under this Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of
liability and all suits and actions of every name and description that may be brought against the City or its
commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or
operation of work related to the Services under this Agreement whether the Services be performed by the Service
Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners,
employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for
which shall be reasonable and subject to and included with this indemnification provided herein.
BLUMBERG BOULEVARD 2013 LANSCAPE MAINTENANCE AGREEMENT
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City
and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this Agreement;
b. This Agreement;
c. Exhibits to this Agreement; and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service
Provider,
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be
found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement
and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to
carry out the work in accordance with the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name and more than one brand
name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be
responsible for all coordination necessary to accommodate the material, article, or equipment being provided
without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably
equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably
equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and
allow the City to make a determination before Service Provider uses the substitute.
38.0 NONDISCRIMINATION
The Service Provider warrants and represents that it complies with all Federal and State requirements
concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, or
physical handicap.
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
BLUMBERG BOULEVARD 2013 LANSCAPF. MAINTENANCE AGREEMENT
shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any
power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of
this Agreement shall be held to be a waiver of any other breach,
43. EXCLUSIVITY
This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for
work similar to that to be performed by the Service Provider hereunder.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
SERVICE PROVIDER:
NaM7 (Printed and Signed)
Title
5a—tW-
CITY:
CITY OF WINTER SPRIN FLORIDA
CITY OF WINTER
A Florida municipal corp at' n
KEV L. SMIT
Ct Ma ager
Date
A
ANDK-A'LORENZO-LUACES, City Clerk
BLUMBERG BOULEVARD 2013 t,NNSCAPE NIAINTENAN- Cr ACRITAWNT
precedence which will be used in case of conflicts within the Bid Schedule provided by each
Bidder: Unit Cost, Total Cost. Total Base Bid (See attached Bid Form).
1.4 Major Equipment (Not Used)
Bid Schedule
A. Proposals (Bkjs) must 6e submitted with original signatures cmUheBk1Fonn,
B I have attached a list of all subcontractors I will utilize for the Contract work,
1.6 Submittal
RESPECTFULLY SUBMITTED, signed and sealed this 21 day of June 2011
Service Provider
Business Address 216 Stoner Bd.
State Florida Zip 32708 phone (407) 696-7343
ATTEST: SECRETARY
Title President
CitvWinter Springs
DATE:
Iuru fully uvvurt of' all conditions u�'Mimgxucb.vork/iens for which bids n'eruadvertised,
I�cwoal ()�rour/ Rep,) dorm�crcbr submit U�o [b|6xving hid
ToudhW Cor Blumberg Boulevard INIedluus Landscape Meintommnmc Services based oil tile
Landscape Maintenance
A. Blumberg Boulevard Medians
Irrigation Maintenance
& Blumberg Boulevard Medians
MONTHLY
$1475. x12=$177O0.80
129 —x'12=$ 1548.00
YEARLY GRAND TOTAL (A+[B+C) $ 19248.00
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1. GENERAL
11 Description
The following Bid is hereby mmdehz the City of Winter Springs, hereafter called the OWNER, Bid insubmitted
by
(Inser, legal name, uddreas, and whether sole proprietorship, partnership oruorpuradon)
12 The Undersigned: [aomalee Corporation
A. Acknowledges receipt of:
1, Project Manual for the Blumberg Boulevard Medians Landscape Maintenance Services (BID #
2013-D1XMD�AG'SD),
2. Drawings
3. General Notes/Details
4, Addenda:
Number . dated
________
B� Has exarnined the site and all Bidding Documentsand understands that in submitting his Bid, he waives
all right to plead any misunderstanding regarding the same.
C. Agrees:
1. To accomplish the work in accordance with the contract documents,
Z. To begin work not later than 10 days after the issuance o[a Notice to Proceed, unless otherwise
provided, and to complete the work within one year of date of the Notice to Proceed,
1.3 Stipulated Amount
A. Base Bid
I will provide the services under this project for the Base Bid Amount of
Nineteen thousand two-lumdred—fort -ei lit
ars ($19248. 00
The Base Bid aniount reflects pricing for the following Sel-vices (check that apply):
_X_ Landscape Maintenance
X Irrigation Maintenance
The Bidder herebyagrees to perform all work as required by the Contract Documents for the
following Unit Prices, All work required hobe performed by the Contract Documents mtube
included within the following Pay Items, inclusive of furnishing all manpower, equipment,
materials and performance of all operations relative \o the project. Work for which there io not u
Pay Item will be considered incidental to the Contract and no additional compensation will be,
aUmvvad. The Owner, at his sole option and discretion, may choose to add or deduct frorn the
contract work s\ the unit prices set forth below. Service Provider shall be paid for actual
quantities completed in accordance with the Contract Documents, The following is the order of
| '
tAITCOSTS:
The Bidder agrees with all conditions herein stated, proposes to contract, to tile Base Bid sums, with the Owner
the following Unit Costs resulting in additions to or deductions from the Base Bid as follows:
UNIT PRICE #1
Additional Mulch Installed (Pine)
UNIT PRICE #2 (includes plant and labor to install)
Installation of I Gallon Plant
Installation of 3 Gallon Plant
Installation of 7 Galion Plant
Installation of 4" Annual
S 45.00 per square yard
$ 5.50
each
$ 11-00
each
$ 25.00
each
$
each
UNIT PRICE #3
Irrigation Repairs and Troubleshooting beyond Contract Requirements:
Labor (Foreman) $ 45.00 per hour
Labor (Technician) $ —3070u— per hour
Labor (Digging, etc.) $ 25---OU— per hour
UNIT PRICE #4
Additional Material Cost to furnish and install:
Rotors --- Gear Drive
$ 112.95
each
Pop-Up Sprinklers 4"
$
each
Pop-Up Sprinklers 6"
$ 6 --95— each
Pop-Up Sprinklers 12"$
12.95
each
Shrub Nozzles
$ 2.75
each
Hunter MP Rotator
$ 7.15
each
Rainbird MC 24 Sta.
$1325.00
each
Zone Valves - 1"
$ 25.00
each
Zone Valves - 1-1/2"
$
each
Zone Valves - 2"
$
each
Zone Valves - 3"
S 265.15
each
9V Battery
$- 5.50
each
END OF SECTION
..... ...... - ------- ----------
COV of Winter Springs 1311) NUMbel-: 2013- 13LLJX413IW._3-SR
J
GENERAL CONDITIONS
1. SCOPE
The scope of work includes furnishing landscape maintenance services for Blumberg Boulevard Medians,
as described in the attached map of the Winter Springs Town Center, including all labor, equipment, tools,
materials, and incidentals, and performing of all operations necessary as described in the Project Manual.
2. ENGINEERS
The Owner is the Engineer on this project.
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.
The Service Provider must obtain a City Arbor license within (30) days of execution of this agreement. The
Service Provider must have a valid state or a neighboring municipality Irrigation Contractor's License or
Competency Card prior to execution of the agreement. Contractor or approved sub - Contractor must have a
valid state Certified Pest Control Operator's License prior to execution of the agreement.
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 Subcontractor, 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.
City of Winter Springs I BID Number: 2013- BLUMBERG -SR
In any and all claims against Owner or any of their consultants, agents or employees by any employee of
Service Provider, any Subcontractor, 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
Subcontractor 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 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
Subcontractor, 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
City of Winter Springs I BID Number: 2013- BLUMBERG -SR EM
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
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 Owner will make partial payments on a monthly basis to the Service Provider based on pay estimates,
which have been approved by the Owner. The Service Provider shall submit at least three (3) copies of his
estimate, with reasonable time allowed to make a field inspection, check, and process the estimate. The
Owner shall retain ten percent (10 %) of the total value of the work completed to date as a retainage until
Substantial Completion. Upon receipt of the Substantial Completion Certificate, 50% of the retained amount
will be released. Upon final completion and acceptance by the Owner of the work., the remaining retainage
will be released.
Final Payment, including the retainage, will be made upon the completion of the work and certification by the
Owner, and regulatory agencies and acceptance by the Owner that all of the work has been completed in
accordance with the approved plans, specifications, and other Contract Documents, will be made to the
Service Provider. The Owner shall make final Payment not later than 30 days after final acceptance of the
work. Prior to final payment, the Service Provider shall provide the Owner with waivers of lien, releases, and
other items Owner may require in evidence of full payment to all subcontractors, suppliers and material -men.
A. Progress payments may be withheld if:
1. Work is found defective and not remedied;
2. Repairs or replacements have not been made for which the Contractor is responsible;
2. Contractor does not make prompt and proper payments to subcontractors;
3. Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him;
4. Another Contractor is damaged by an act for which Contractor is responsible;
5. Claims or liens are filed on the job; or
6. In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily.
City of Winter Springs I BID Number: 2013- BLUMBERG -SR
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. Neither the final payment nor any part of the retained percentage shall
become due until the Service Provider, if required, shall deliver to the Owner his written one year guarantee
on the work and a complete release of liens arising out of this Contract, or receipts in full in lieu thereof, and, if
required in either case, an affidavit that so far as he has knowledge or information, the releases and receipts
include all the labor and material for which a lien could be filed; but the Service Provider may, if any
subcontractor refuses to sign a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify
himself against any lien. If any lien remains unsatisfied after all payments are made, the Service Provider
shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien,
including all costs and a reasonable attorney's fee.
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.
END OF SECTION
City of Winter Springs I BID Number: 2013- BLUNfBERG -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 the
Blumberg Boulevard Medians as described on the attached map of the Winter Springs Town
Center. 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. The Contractor 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 contractor 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 Contractor. The
Contractor shall be liable to the City for any such cost in excess of the amount deducted by the
City.
C. The Contractor 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 Contractor
discovers, or should have discovered in the exercise of reasonable care, whether or not such
damage was caused by the Contractor.
D. Prior to the commencement of work on this contract, an authorized representative of the
Contractor 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 Contractor and the City may jointly prepare and sign a written report of the condition survey
which shall describe the condition and location of all unhealthy plants
E. 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 Contractor. 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 constructed under a unit price contract.
B. The project as shown on the Drawings and described in these specifications constitutes the work
to be performed under this contract.
3. SAFETY REQUIREMENTS
3.1 General
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.
City of Winter Springs I BID Number: 2013- BLUMBERG -SR
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. 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,
END OF SECTION
City of Winter Springs I BID Number: 2013- BLUMBERG -SR
TECHNICAL SPECIFICATIONS
SPECIFIC TASKS
1.0 TURF CARE - 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 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 through October 31.
Dormant Growing Season - November 1 through February 28.
All paspalum /bermuda turf will be mowed to a height of 1" to 1.5" inches on average, by a commercial
reel mower, unless a rotary mower is permitted (in writing from the City) on a temporary basis. 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 including adjacent curbsides; paper, bottles, cans,
limbs, and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering
site and actual site locations. Areas are to look clean and neat and free of debris at all times.
Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day
that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain
on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by
Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until
disease is undetectable.
TURF CARE — TOP DRESSING
Topdressing will be applied in areas, as necessary, throughout the year but not to exceed three (3)
applications per year, as per acceptable industry standards.
TURF CARE — AERATION
Aeration of the soils (turf only) shall be done no less than two (2x) times per year as per acceptable
industry standards. This shall be done at a depth of 4" and spacing density of approximately 4 -6 ".
TURF CARE — HAND WEEDING
Hand weeding of all turf areas shall we done no less than one (1x) time per month in the heavy growing
season and as needed in the dormant growing season (as required by the City). Hand weeding shall be in
addition to any chemical applications applied to the turf and will address ALL weed types and other foreign growth
in the turf areas.
2.0 BED MULCHING
Mulching of all beds and tree areas are to be performed once during the dormant season at a scheduled
time approved by Owner /City Representative. If additional mulch is needed for touch up and /or to keep planting
areas neat and freshly maintained during the remainder of the seasons, such work shall scheduled between both
Contractor and Owner at a pre - established cost to Owner as designated on the Bid Calculation Sheet. Mulch
depth to be a minimum total of three (3) inches, placed, not dumped, as well as kept from around the immediate
base of shrubs and small trees. The type of mulch is to be mini pine bark. Quality and quantities are to be
reported prior to mulching.
City of Winter Springs I BID Number: 2013- BLUMBERG -SR
3.0 EDGING
Edging of all walks, curbs, pavements, hardscapes and grass invasion shall be done weekly during the
heavy growing season and as needed, a minimum of 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 flowerbeds.
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 WEEDEATING AND STRING TIMMING
Areas inaccessible to mowing equipment shall be kept neat and trimmed at each service. Trimming of
grass and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, structures, sign
posts and trees) will be done through chemical control within a limit of FOUR inches (4 ") maximum or by trimmer
so as not to inflict damage of any kind to structure, equipment, tree or shrub.
5.0 PRUNING I SHAPING - 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 Gold Mound Duranta, Indian Hawthorn, Walter's Viburnum, Winter Gem,
etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more that 1"
to 2" inches of new growth appears. Larger leafed shrubs, such as Viburnum, Jack Frost Ligustrum, Star
Jasmine, etc. may attain new growth reaching from 1" to 3" before trimming. But at no time are shrubs to display
a disorderly appearance. Ornamentals and Perennials such as Dianella (Flax Lilly), Pentas, etc, are to be
trimmed just before the growing season (early March) or as directed, depending on growth, health and climatic
conditions to promote a flush of new growth.
Bougainvillea shall be trained, trimmed and maintained onto the adjoining trellises and kept trimmed to
prevent public safety hazards due to overgrowth into public congregational areas but not over - trimmed to interrupt
the bloom cycles of the plant.
Knock -Out Roses bloom continuously if the faded blooms are removed regularly. Every week during the
growing season, Service Provider shall twist off old buds by hand. Every four to six weeks, Service Provider shall
hand prune the long stems back by half. This two -step process keeps new growth coming and removes hormone
filled hips that cause the rose to bloom more slowly.
Night Blooming Jasmine shall not be allowed to exceed five (5) feet in height and four (4') feet in total
width at any time and shall be trimmed as much as necessary to maintain such parameters.
Asian Jasmine shall be trimmed to not allow growth outside the bed area into turf or hardscapes. At no
time will round -up or other non - selective herbicides be used to control weeds or other growth in jasmine beds.
At no time is a herbicide to be used to rid plants of sucker growth. Instead, hand pulling or an aggressive
trimming routine is to be established. All shrubs and ornamentals that produce any dead growth or fronds are to
be systematically checked and cleaned with special attention during each service visit.
6.0 PLANT REPLACEMENT
The Contractor shall be responsible for replacing any plant materials that die or become damaged to the
point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the
maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the
materials at the time the loss occurs.
City of Winter Springs I BID Number: 2013 - BLUMBERG -SR
7.0 TREE PRUNING
All trees are to be trimmed to meet International Society of Arboriculture (ISA) Standards. Trees (ex: Live
Oak and Red Maple) are to be trimmed to a maximum of eight (8) foot under canopy and pruned just outside the
branch collar. Ornamental trees are to be trimmed with an ideal under canopy of six (6) feet or as appropriate for
the specific type of tree.
Ligustrum trees are to be trimmed to maintain their ornamental tree canopy form. Nellie Stevens Holly
and Japanese Blueberry trees shall be maintained in their ornamental form, shaped as often as necessary.
Sucker growth from any tree is to be removed by hand or with a hand pruner from the base of the tree.
Herbicides are not to be used for this purpose.
Crape Myrtle trees shall be pruned prior the beginning of each growing season (end of February); no
sooner. Pruning shall take each outer branch back to the knuckle (where two or more branches join), but no
pruning activity shall be further back than when the size exceeds the common width of one's pinky finger.
Sylvester Palms, Canary Date Palms and Pigmy Date Palms are to be pruned regularly, according to
acceptable ISA and industry standards, to ensure the absence of seed pods, discolored fronds, or fronds
dropping to the ground. Fronds shall not be allowed to disrupt or cause a public safety hazard to pedestrian
traffic.
Florida #1 grades and standards guidelines shall be maintained for each type of tree, including palm
trees, at all times.
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 tree pruning. Work will be scheduled after consulting with the
City's Representative.
Pruning and trimming equipment shall be sterilized prior to any activities on this project to prevent the
spread of diseases such as: Sphaeropsis gall, etc.
8.0 WEEDING
Weeding of all plant bed areas is to be as often as necessary to maintain a manicured appearance, to
control weed populations and maintain healthy plants. Remove weeds, vines and "voluntary" seedlings from
planting beds. Hand weeding and/or application of round -up and a pre- emergent herbicide will accomplish weed
control in landscaped areas if needed. All weeds in sidewalks and /or pavement areas (including curbing) shall be
chemically controlled or removed by hand.
9.0 ANNUALS (Not Included In Cost— To Be Done On An As Needed, Per Unit Basis)
Annuals will be changed four (4) times per year at all designated annual bed areas. Annuals are to be
4" full bloom and must be approved by Owner or City's Representative for each seasonal change variety. 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 two (2x) times 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 nozzles.
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 50% depletion.
City of Winter Springs I BID Number: 2013- BLUMBERG -SR
4. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the
mainline.
5. Checking water source for leaking and visual inspection of backflow device, if present.
Checking the rain sensor or any applicable weather station /water monitoring device for proper
operation.
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.
The Service Provider shall submit a detailed report, at the time of billing of each monthly service,
consisting of the clock/location, each zone by number, start times and run times for each zone, and any repairs or
work performed during that service. All parts used will be itemized on the bill with a maximum of 250.00 billed
for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. If there is an
additional cost for repairs beyond the maximum of $250, the Owner or City Representative must be given a verbal
report of the repair and costs involved before the work is to be performed. No payment will be made for heads or
parts damaged by the Service Provider.
Service Provider shall immediately repair any and all damaged property within the areas specified in this
agreement to meet original specifications with commercial quality irrigation parts. All work performed by
Contractor to meet industry standards.
All 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 ' /Z ", clock or wiring problems, or lines under sidewalks or
roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID
FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead
and profit.
Contractor is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need
to shut down the mainline for any reason, the Owner must be contacted within 1 hour of shut down at: (407) 327-
5976 (main office — during business hours). There will be an after -hours number on the answering
service for emergencies.
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
UNIT PRICE BID
1. GENERAL
A. Payment for all work done in compliance with the Contract Documents, inclusive of furnishing all
manpower, equipment, materials, and performance of all operations relative to execution of this
project, will be made under Pay Items established in the Bid Form. Work for which there is not a
Pay Item will be considered incidental to the Contract and no additional compensation will be
allowed.
B. The Owner reserves the right to alter the Drawings, modify incidental work as may be necessary,
and increase or decrease the work to be performed to accord with such changes, including
deductions or additions to the scope of work outlined in the Contract Documents. Changes in the
work shall not be considered as a waiver of any conditions of the Contract nor invalidate any
provisions thereof. Changes resulting in changes in the scope or quantities of Work or time or
other conditions of work will be basis for consideration of a Change Order, which is to be
negotiated and executed before proceeding with the work.. Work, which has not been authorized
by a written Change Order, will not be subsequently considered for additional payment.
City of Winter Springs I BID Number: 2013 - BLUMBERG -SR
C. 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.
2. PAY ITEMS
The unit and Lump Sum prices stated in the Contract to be paid for respective items shall be payment
in full for the completion of all work, specified and described to be included in the respective items,
complete and ready for use and operation, including testing, as shown on the Drawings and as
specified. Payment will be made under each item only for such work as is not specifically included
under other items.
3. 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 in not sufficient in the City's 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. Any other reports deemed
necessary or set forth in this Agreement shall also accompany application for payment.
END OF SECTION
City of Winter Springs I BID Number: 2013-BLUMBERG-SR
City of Winter Springs
REQUEST FOR BIDS
Project Manual: BLUMBERG BOUI-I-EATARD LANDSCAPE MAINTENANCE
Department: C'01\41 UNITY DEVELOPMENT
URBAN BEAUTIFICATIO'N DIVISION
BID Number: 2013-BLUMBERG-SR
Date: J 1-1 N E 01
Send To: CITY OF WTNTFR SPRINGS
t.JRR AN 13I EA F"K UTI , I A"l- I () N Nil, I A',,\" A G E R
1126 FAST STATE R 0 A, 1) 474
W I N'-I-'t--' R ST' SI N G S, FL X270 8
(40) 327-5976
Bid Due Date: JULY 11, 2013 — NO LATER THAN 3 I" 1I
Anticipated
Start Date: ocTOBER 1, 2013
ATTACHMENTS
Map — Blumberg Boulevard Medians
2
precedence which will be used in case of conflicts within the Bid Schedule provided by each
Bidder, Unit Cost, Total Cost, Total Base Bid (See attached Bid Form).
1.4 Major Equipment (Not Used)
Bid Schedule
A. Proposals (8Wm) must be submitted with original signatures on ale Bid Form,
B. I have attached a list of all subcontractors I will utilize for the Contract work,
1.6 Submittal
RESPECTFULLY SUBMITTED, signed and sealed this 21 day ofJune
Service Provider
By(nignatun)
Business Address 216 Stoner Rd.
State Florida Zip 32708 Phone (407) 696-7343
ATTEST: SECRETARY
Title President.
Blumberg Boulevard Medians
Flu
DATE,-
2011
luun Cully uv:arcu[o]| conditions oOecLio"', 'Such nndoi{cms for Nrhich bxchae,cudvcriue^
mawvomlea Corporation kop`) does bcrobv submit Uze[oUov/incybid
l\zta] bid price for Blumberg Boulevard Nyed[ano Landscape Nfabuteoonre Set-vices homed oil tile
service requirements sbo�x n In J'C4,1n1jk11 of this; 11ro.JccL %Ianual Is is follows:
Landscape Maintenance
A. Blumberg Boulevard Medians
Irrigation Maintenance
B. Blomberg Boulevard Medians
MONTHLY TOTALIYEARLY
1475 x12= 17700 00
12 x12= S 1548. 00
YEARLY GRAND TOTAL /A/+B+C>$ 19248.00
Chyo/Winler Springs i fill) *u111hu
%Ol
o
1*4���
GENERAL
11 Description
The following Bid is hereby made im the City of Winter Springs, hereafter called the OWNER, Bid is submitted
by'
(Insert legal name, address, and whether sole proprietorship, partnomhipurcorpocaUonj
12 The Undersigned, [awoalee Corporation
A. Acknowledges receipt of:
1� Project Manual for the Blumberg Boulevard Medians Landscape Maintenance Services (BID
#
2, Drawings
3� General Notes/Details
4. Addenda:
Number dated_______.�
B. Has examined 'the site and all Bidding Documents and understands that in submitting his Bid, he waives
all right to plead any misunderstanding regarding the same.
C. Agrees:
1 To accomplish the work inacoordance with the contract docunents,
�
'To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise
provided, and to complete the work within one year of date of the Notice to Proceed.
1.3 Stipulated Amount
A. Base Bid
! will provide the services under this project for the Base, Bid Amoun!cf
Nineteen--tbQuaaud—twQ—blMdr,--d—f--Qrt�7-ei ht Dollars (0
The Base Bid amount reflects pricilIg for. the IF011ONvill,(.11 ScrN ices (check that apply):
X KuudxomAe Mw6ztcnunuc
_X Irrigation Maintell,,nice
The Bidder hereby agrees to perform all work as required by the Contract Documents for the
following Unit Prices, All work required rohe performed by the Contract Documents im0ube
included within the following Pay items, inclusive of furnishing all manpower, equipment,
materials and performance of all operations relative 1u the project. Work for which there iano1a
Pay Item will be considered incidental io the Contract and no additional compensation will be
allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the
contract work at the unit prices set forth below. Service Provider shall be paid for actual
quantities completed in accordance with the Contract Documents. The following is the order of
[l4/ of W'imo sprin"'ei 1.310Nuoibe,. 2013'DLU�
~
I NJj' C()STS:
En
The Bidder agrees with all conditions herein stated, proposes to contract, to the Base Bid SUMS, with the Owner
the following Unit Costs resulting in additions to or deductions frorn the Base Bid as follows:
UNIT PRICE #1
Additional Mulch Installed (Pine)
UNIT PRICE #2 (includes plant and labor toinstall)
Installation ofI Gallon Plant
Installation *f3 Gallon Plant
Installation cf7 Gallon Plant
Installation of 4"Annual
$ 45.00 —persquare yard
5 5O
� `
each
$— 11 -70 r---each
Pop-Up Sprinklers 4"
$ 25,00
each
Pop-Up Sprinklers B"
$ b^95
UNIT PRICE #3
Irrigation Repairs and Troubles hooting beyond Contract Requ irem e tits:
Labor(Foneman) $ 45^00 perhour
Labor (Technician) $ -3TT3J�—'---perhmur
Labor (DigQing,eto,) $ per hour
UNIT PRICE #4
Additional Material Cost to furnish and install,-
Rotors — Gea,Drive
$ 12~95
each
Pop-Up Sprinklers 4"
$ *'/z
each
Pop-Up Sprinklers B"
$ b^95
each
Pop-Up Sprinklers 12"S
12.95
each
Shrub Nozzles
$ 2.75
each
Hunter MP Rotator
�
each
RainbirdKJC24St8,
$l32S.00
each
Zone Valves -1"
$ 25.00
each
Zun�Va|vea-�-1/2"
� 68^00
each
Zone Valves '2"
S 92^UO
each
Zone Valves -3"
$ 265.15
each
9V Battery
$ 5.50
each
END 0FSECTION
Ciz}o[Wi:e,5prigs |BlDNumhor
����/J���xi�
GENERAL BID FORM
1.1 Description
The followIn , Bid I- g, s h er9bY made to the City Of Winter Springs, hereafter called the OWNER Bid is sut)mitted
IWIJIty'l 46VbxC4
ee
(Insert legal name, address, and whether sole proprietorship, partnership or corporation)
112 The Undersigned:
A. AcknOwledges receipt of:
1, Project Manual for the Blumberg BGUIevard Medians Landscape Maintenance Services (BID 4
2#:13-BLt;N[B.FR(;_SR).
2. Drawing,$
3. General Notes/Details
4 Addenda:
Number--, dated
B. Has examined the site and all Bidding Documents and understands th,)t it) submitting his Bid, lie waives
all right to Plf�cld 1DY misunderstanding regarding the same,
C. Agrees,
1, To accomplish the work In aci ardanm with the contract documents,
2, TO 1569in w0l-k not Weer than 10 daYs after the issuance of a NoticfL to Proceed, unless otherwise
Provided. and to comp ete ffjo _work within One year of date of the Notice to Proceed.
1.3 Stiwlated Amount
A, Base, Bid
I will provide the services under this Ptoject for the Base Bid Annount of
'71tv �.�41;64~
app
The Base, Did am ount 1'cflects pricing for the follovving Servick>q Rl� ly):
V1, ndscape Mainit.
a nance
_�Jrrigatign -Maintenance
The Bidder hereby agrees to perform aft work as required by the Contract Documents for the
fo0owing Unit Prices. All work required to be performed by the Contract Documents is to be
included within the fallowing pay Items, Inclusive of furnishing all manpower, equipment
of all operations relative to the project. Work for which there'
materials and pe ormanc x,- is not a
rf
Pay Item will be considered incidental to the Conti-act and no additional cornPeasation will be
allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the
contract work at the unit prices set forth below, Servioa Provider shall be paid for actu'af
quanti,fies completed In accordance with the Contract Documents. The following 18 the order of
Chv of wimcr
Springs 1 BIDINTumbs.,,r: 20'3-3f,UMB✓R6-SR
Cost, Total Base Bid (See attached Bid Form).
Bidder: Unit Cost, Tota) C each
precedence which will be used in case of conflicts within the Sid Schedule provided by e h
1.4 Major EquiPMOnt (Not Used)
Bid Schedule
A. Proposals (Bids) must be submitted wilh original signaftires on the Bid Form,
S. I have attached a 'is' Gf all stlbcOntraclort- I will utilize for the COntract work,
1.6 Submittal
RESPECTFULLY SUBMITTED, signed and sealed this '7i
icy of V , 2011
Servfce Provider
BY (signature) 40111—
— — ----- ---- - Title
Business AddFess 1,07 1
State City
ATTEST: SECRETARY DATE, '7.
Blumberg Boulevard Medians
hrilli ffilly aware cif all conditions affecting such w0fk/ite-xils for which lids or advertised,
(Own.cr /del.) doeq hereby siibrnit the folfowing bid
fOr COMPletifln ol'said. work/fterrk, . .......
'rotal bid price for Blumberg Boulevard Medians Landscape Maintenance Services based on the,
Service re-quirementsshorwn in thi'S'PA)jectManuaf isasfollows,
-
Landscape Maintenance
A, Blumberg Boulevard Medians
Irrigation Maintenance
B. Blumberg Boulevard Medians
MONTHLY LOTAL I Yr--ARI.,Y
YEAR ..Y AND TOTAL (A+ +G) $
Wiry 0f WinfUSPriags 'I BID NumbCr^ 200 3- RLLJ1VJ3ERG-S+R,
UNITCOS'rS,
The Bidder agrees with all conditions herein stated, propo<jes to contract, to the Base Bid sum's, with the Owner
the following UTijt COstS resulting in additio21 to—Or (Ledt the Base Bid as fojjows:
UNIT PRICE #1
Addition,?i Mulch Installed (Pine)
UNIT PRICE #2 (includes plant and labor to install)
Installation of I Galion plant
Installation of 3 Gaillon plant
Installation of 7 Galion Plant
Installation of 4" Annual
$ Per square yard
$ _
each
each
each
$
each
$
each
UNIT PRICE #3
Irrigation Repairs and Troubleshooting beyond Contract Pequiremo
,ffts:
Labor (Foreman) $ 7S -_ per hour
Labor (Technician) S per hour
Labor (Digging, etc,) $ per houT
UNIT PRICE #4
Additional Mate6aj COSI to furnish and install-.
Rotors — Gear Drive
$
each
POP-Up Sprinklers 4"
$
each
POP-UP Sprinklers 6"
$
each
POP-UP SPrinklers
each
Shrub Nozzles
each
Hunter MP Rotator
Rainbird MC 24 Sta.
_
$ ----'each
Zone VaNes - 11,
$
_..__ each
Zone Valves - 1-112"
$
eaich
Zone Valves - 2"
$
ZO"e Valves - 3"
$
h
h
9V Battery
$
each
END OF SE"ON
City Of 'hater Springs ( BID Number: 2013-BLUMBERG-SR
yell
Steven Richart
From: Ian Eastwood [IanE @EastwoodTuffFurf.com]
Sent: Friday, July 12, 2013 3:25 PM
To: Steven Richart
Subject: Blumberg RD proposal
Please retract our proposal related to the Blumberg Rd landscape maintenance bid proposal.
Thank You,
Ian Eastwood
Vice President
Landscape Division Manager
Eastwood Tuff Turf
Office: 407.366.5847
Fax: 407.366.4547
www.eastwoodtuffturf.c. oni
Project Manual: BLUMBERG BOULEVARD LANDSCAPE MAINTENANCE
Department: COMMUNITY DEVELOPMENT
URBAN BEAUTIFICATION DIVISION
Date: JUNE 2013
Anticipated
Start Date: OCTOBER 1, 2013
ATTACHMENTS
Map — Blumberg Boulevard Medians
4f J
MrI3119MAN
Kgagmlll
The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. Bid is submitted
by: ..( �0 (V;r V -'E IL 15- f i LAHOWA S-1 nV1 l f "�,. 5- °
(Insert legal name, address, and whether sole proprietorship, partnership or corporation.)
A. Acknowledges receipt of:
1. Project Manual for the Blumberg Boulevard Medians Landscape Maintenance Services (BID #
2013- BLUMBERG -SR).
2. Drawings
3. General Notes /Details C
4. Addenda:
Number , dated t C
B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives
all right to plead any misunderstanding regarding the same.
C. Agrees:
1. To accomplish the work in accordance with the contract documents.
2. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise
provided, and to complete the work within one year of date of the Notice to Proceed.
1.3 Stipulated Amount
A. Base Bid
I will provide the services under this project for the Base Bid Amount of
CIE 6
VEN u /_ Dollars ($ : )
The Base Rid amount reflects pricing for the following Services (check that apply):
Landscape Maintenance
Irrigation Maintenance
The Bidder hereby agrees to perform all work as required by the Contract Documents for the
following Unit Prices. All work required to be performed by the Contract Documents is to be
included within the following Pay Items, inclusive of furnishing all manpower, equipment,
materials and performance of all operations relative to the project. Work for which there is not a
Pay Item will be considered incidental to the Contract and no additional compensation will be
allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the
contract work at the unit prices set forth below. Service Provider shall be paid for actual
quantities completed in accordance with the Contract Documents. The following is the order of
City of Winter Springs ; BID Number: 2013 - BLUMBERG -SR FM
precedence which will be used in case of conflicts within the Bid Schedule provided by each
Bidder: Unit Cost, Total Cost, Total Base Bid (See attached Bid Form).
1.4 Major Equipment (Not Used)
Bid Schedule
A. Proposals (Bids) must be submitted with original signatures on the Bid Form.
B. I have attached a list of all subcontractors I will utilize for the Contract work.
1.6 Submittal
RESPECTFULLY SUBMITTED, signed and sealed this 7-a day of -� � 65 , 2013.
Service Provider
By (signature) � �lf - i�_ Title
Business Address _J �, t 0 City �L i D c,
State ^ Zip ; & Phone �10' y l
ATTEST: SECRETARY
•- :. • ,.
DA
I am fully aware of all conditions affecting such work/items for which bids were advertised.
rWx1Q'4° '7-,j'—'F 4, 6 �Tww) Vg_R (Owner / Rep.) does hereby submit the following bid
for completion of said work/item.
Total bid price for Blumberg Boulevard Medians Landscape Maintenance Services based on the
service requirements shown in Technical Specifications of this Project Manual is as follows:
Landscape Maintenance
A. Blumberg Boulevard Medians
Irrigation Maintenance
B. Blumberg Boulevard Medians
MONTHLY TOTAL I YEARLY
$ - ccx12 =$
$ x12 =$ 1
YEARLY GRAND TOTAL (A+ +O) Z/0
City of Winter Springs ( BID Number: 2013 - BLUMBERG -SR OM
UNIT COSTS:
The Bidder agrees with all conditions herein stated, proposes to contract, to the Base Bid sums, with the Owner
the following Unit Costs resulting in additions to or deductions from the Base Bid as follows:
UNIT PRICE #1
Additional Mulch Installed (Pine)
UNIT PRICE #2 (Includes plant and labor to install)
Installation of 1 Gallon Plant
Installation of 3 Gallon Plant
Installation of 7 Gallon Plant
Installation of 4" Annual
$ per square yard
$ 4 each
$ i _S-0 each
$ 2,?-, ' ' each
$ /, '7 _�- each
UNIT PRICE #3
Irrigation Repairs and Troubleshooting beyond Contract Requirements:
Labor (Foreman) $ �Y per hour
Labor (Technician) $ 3 per hour
Labor (Digging, etc.) $ .Z per hour
UNIT PRICE #4
Additional Material Cost to furnish and install:
Rotors — Gear Drive $ =1 , 115- each
Pop -Up Sprinklers 4"
$
each
Pop -Up Sprinklers 6"
$ i
each
Pop -Up Sprinklers 12
"$
/ 1.
each
Shrub Nozzles
$ f 7'-5-
'
each
Hunter MP Rotator
$
d
each
Rainbird MC 24 Sta.
$
- ``
each
Zone Valves - 1"
$
a ` =.`'-
each
Zone Valves - 1-1/2"
$
each
Zone Valves - 2"
$
k4,° °
each
Zone Valves - 3"
$
` v,
each
9V Battery
$
a , ��°
each
END OF SECTION
City of Winter Springs I BID Number: 2013- BLUMBERG -SR
• s �
The scope of work includes furnishing landscape maintenance services for Blumberg Boulevard Medians,
as described in the attached map of the Winter Springs Town Center, including all labor, equipment, tools,
materials, and incidentals, and performing of all operations necessary as described in the Project Manual.
2. ENGINEERS
The Owner is the Engineer on this project.
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.
The Service Provider must obtain a City Arbor license within (30) days of execution of this agreement. The
Service Provider must have a valid state or a neighboring municipality Irrigation Contractor's License or
Competency Card prior to execution of the agreement. Contractor or approved sub - Contractor must have a
valid state Certified Pest Control Operator's License prior to execution of the agreement.
;
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 Subcontractor, 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.
City of Winter Springs I BID Number: 2013- BLUMBERG -SR Em
In any and all claims against Owner or any of their consultants, agents or employees by any employee of
Service Provider, any Subcontractor, 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
Subcontractor 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 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
Subcontractor, 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.
li Ell" An M •
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
City of Winter Springs ( BID Number: 2013- BLUMBERG -SR M=
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.
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
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)
The Owner will make partial payments on a monthly basis to the Service Provider based on pay estimates,
which have been approved by the Owner. The Service Provider shall submit at least three (3) copies of his
estimate, with reasonable time allowed to make a field inspection, check, and process the estimate. The
Owner shall retain ten percent (10 %) of the total value of the work completed to date as a retainage until
Substantial Completion. Upon receipt of the Substantial Completion Certificate, 50% of the retained amount
will be released. Upon final completion and acceptance by the Owner of the work., the remaining retainage
will be released.
Final Payment, including the retainage, will be made upon the completion of the work and certification by the
Owner, and regulatory agencies and acceptance by the Owner that all of the work has been completed in
accordance with the approved plans, specifications, and other Contract Documents, will be made to the
Service Provider. The Owner shall make final Payment not later than 30 days after final acceptance of the
work. Prior to final payment, the Service Provider shall provide the Owner with waivers of lien, releases, and
other items Owner may require in evidence of full payment to all subcontractors, suppliers and material -men.
A. Progress payments may be withheld if:
1. Work is found defective and not remedied;
2_ Repairs or replacements have not been made for which the Contractor is responsible;
2. Contractor does not make prompt and proper payments to subcontractors;
3. Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him;
4. Another Contractor is damaged by an act for which Contractor is responsible;
5. Claims or liens are filed on the job; or
6. In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily.
City of Winter Springs I BID Number: 2013- BLUMBERG -SR
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. Neither the final payment nor any part of the retained percentage shall
become due until the Service Provider, if required, shall deliver to the Owner his written one year guarantee
on the work and a complete release of liens arising out of this Contract, or receipts in full in lieu thereof, and, if
required in either case, an affidavit that so far as he has knowledge or information, the releases and receipts
include all the labor and material for which a lien could be filed; but the Service Provider may, if any
subcontractor refuses to sign a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify
himself against any lien. If any lien remains unsatisfied after all payments are made, the Service Provider
shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien,
including all costs and a reasonable attorney's fee.
01;
1� a' _. • 11`11 " • • i l;;
17. GENERAL GUARANTEE (not used)
r + A
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.
END OF SECTION
City of Winter Springs ( BID Number: 2013- BLUMBERG -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 the
Blumberg Boulevard Medians as described on the attached map of the Winter Springs Town
Center. 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. The Contractor 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 contractor 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 Contractor. The
Contractor shall be liable to the City for any such cost in excess of the amount deducted by the
City.
C. The Contractor 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 Contractor
discovers, or should have discovered in the exercise of reasonable care, whether or not such
damage was caused by the Contractor.
D. Prior to the commencement of work on this contract, an authorized representative of the
Contractor 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 Contractor and the City may jointly prepare and sign a written report of the condition survey
which shall describe the condition and location of all unhealthy plants
E. 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 Contractor. 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 constructed under a unit price contract.
B. The project as shown on the Drawings and described in these specifications constitutes the work
to be performed under this contract.
3. SAFETY REQUIREMENTS
3.1 General
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.
City of Winter Springs I BID Number: 2013- BLUMBERG -SR FM
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. 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.
END OF SECTION
City of Winter Springs I BID Number: 2013- BLUMBERG -SR RM
TECHNICAL SPECIFICATIONS
SPECIFIC TASKS
1.0 TURF CARE - 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 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 through October 31.
Dormant Growing Season - November 1 through February 28.
All paspalum /bermuda turf will be mowed to a height of 1" to 1.5" inches on average, by a commercial
reel mower, unless a rotary mower is permitted (in writing from the City) on a temporary basis. 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 including adjacent curbsides; paper, bottles, cans,
limbs, and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering
site and actual site locations. Areas are to look clean and neat and free of debris at all times.
Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day
that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain
on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by
Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until
disease is undetectable.
Topdressing will be applied in areas, as necessary, throughout the year but not to exceed three (3)
applications per year, as per acceptable industry standards.
TURF CARE — AERATION
Aeration of the soils (turf only) shall be done no less than two (2x) times per year as per acceptable
industry standards. This shall be done at a depth of 4" and spacing density of approximately 4-6 ".
Hand weeding of all turf areas shall we done no less than one (1x) time per month in the heavy growing
season and as needed in the dormant growing season (as required by the City). Hand weeding shall be in
addition to any chemical applications applied to the turf and will address ALL weed types and other foreign growth
in the turf areas.
2.0 BED MULCHING
Mulching of all beds and tree areas are to be performed once during the dormant season at a scheduled
time approved by Owner /City Representative. If additional mulch is needed for touch up and/or to keep planting
areas neat and freshly maintained during the remainder of the seasons, such work shall scheduled between both
Contractor and Owner at a pre - established cost to Owner as designated on the Bid Calculation Sheet. Mulch
depth to be a minimum total of three (3) inches, placed, not dumped, as well as kept from around the immediate
base of shrubs and small trees. The type of mulch is to be mini pine bark. Quality and quantities are to be
reported prior to mulching.
City of Winter Springs ( BID Number: 2013- BLUMBERG -SR
1 9 l !'
Edging of all walks, curbs, pavements, hardscapes and grass invasion shall be done weekly during the
heavy growing season and as needed, a minimum of 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 flowerbeds.
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 WEEDEATING AND STRING TIMMING
Areas inaccessible to mowing equipment shall be kept neat and trimmed at each service. Trimming of
grass and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, structures, sign
posts and trees) will be done through chemical control within a limit of FOUR inches (4 ") maximum or by trimmer
so as not to inflict damage of any kind to structure, equipment, tree or shrub.
5.0 PRUNING / SHAPING - 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 Gold Mound Duranta, Indian Hawthorn, Walter's Viburnum, Winter Gem,
etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more that 1"
to 2" inches of new growth appears. Larger leafed shrubs, such as Viburnum, Jack Frost Ligustrum, Star
Jasmine, etc. may attain new growth reaching from 1" to 3" before trimming. But at no time are shrubs to display
a disorderly appearance. Ornamentals and Perennials such as Dianelia (Flax Lilly), Pentas, etc. are to be
trimmed just before the growing season (early March) or as directed, depending on growth, health and climatic
conditions to promote a flush of new growth.
Bougainvillea shall be trained, trimmed and maintained onto the adjoining trellises and kept trimmed to
prevent public safety hazards due to overgrowth into public congregational areas but not over - trimmed to interrupt
the bloom cycles of the plant.
Knock -Out Roses bloom continuously if the faded blooms are removed regularly. Every week during the
growing season, Service Provider shall twist off old buds by hand. Every four to six weeks, Service Provider shall
hand prune the long stems back by half. This two -step process keeps new growth coming and removes hormone
filled hips that cause the rose to bloom more slowly.
Night Blooming Jasmine shall not be allowed to exceed five (5) feet in height and four (4') feet in total
width at any time and shall be trimmed as much as necessary to maintain such parameters.
Asian Jasmine shall be trimmed to not allow growth outside the bed area into turf or hardscapes. At no
time will round -up or other non - selective herbicides be used to control weeds or other growth in jasmine beds.
At no time is a herbicide to be used to rid plants of sucker growth. Instead, hand pulling or an aggressive
trimming routine is to be established. All shrubs and ornamentals that produce any dead growth or fronds are to
be systematically checked and cleaned with special attention during each service visit.
6.0 PLANT REPLACEMENT
The Contractor shall be responsible for replacing any plant materials that die or become damaged to the
point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the
maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the
materials at the time the loss occurs.
City of Winter Springs I BID Number: 2013- BLUMBERG -SR
All trees are to be trimmed to meet International Society of Arboriculture (ISA) Standards. Trees (ex: Live
Oak and Red Maple) are to be trimmed to a maximum of eight (8) foot under canopy and pruned just outside the
branch collar. Ornamental trees are to be trimmed with an ideal under canopy of six (6) feet or as appropriate for
the specific type of tree.
Ligustrum trees are to be trimmed to maintain their ornamental tree canopy form. Nellie Stevens Holly
and Japanese Blueberry trees shall be maintained in their ornamental form, shaped as often as necessary.
Sucker growth from any tree is to be removed by hand or with a hand pruner from the base of the tree.
Herbicides are not to be used for this purpose.
Crape Myrtle trees shall be pruned prior the beginning of each growing season (end of February); no
sooner. Pruning shall take each outer branch back to the knuckle (where two or more branches join), but no
pruning activity shall be further back than when the size exceeds the common width of one's pinky finger.
Sylvester Palms, Canary Date Palms and Pigmy Date Palms are to be pruned regularly, according to
acceptable ISA and industry standards, to ensure the absence of seed pods, discolored fronds, or fronds
dropping to the ground. Fronds shall not be allowed to disrupt or cause a public safety hazard to pedestrian
traffic.
Florida #1 grades and standards guidelines shall be maintained for each type of tree, including palm
trees, at all times.
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 tree pruning. Work will be scheduled after consulting with the
City's Representative.
Pruning and trimming equipment shall be sterilized prior to any activities on this project to prevent the
spread of diseases such as: Sphaeropsis gall, etc.
Weeding of all plant bed areas is to be as often as necessary to maintain a manicured appearance, to
control weed populations and maintain healthy plants. Remove weeds, vines and "voluntary" seedlings from
planting beds. Hand weeding and /or application of round -up and a pre - emergent herbicide will accomplish weed
control in landscaped areas if needed. All weeds in sidewalks and /or pavement areas (including curbing) shall be
chemically controlled or removed by hand.
Annuals will be changed four (4) times per year at all designated annual bed areas. Annuals are to be
4" full bloom and must be approved by Owner or City's Representative for each seasonal change variety. 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.
Complete irrigation inspections shall be performed two (2x) times 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 nozzles.
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 50% depletion.
City of Winter Springs I BID Number: 2013- BLUMBERG -SR
4. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the
mainline.
5. Checking water source for leaking and visual inspection of backflow device, if present.
6. Checking the rain sensor or any applicable weather station /water monitoring device for proper
operation.
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.
The Service Provider shall submit a detailed report, at the time of billing of each monthly service,
consisting of the clock/location, each zone by number, start times and run times for each zone, and any repairs or
work performed during that service. All parts used will be itemized on the bill with a maximum of 250.00 billed
for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. If there is an
additional cost for repairs beyond the maximum of $250, the Owner or City Representative must be given a verbal
report of the repair and costs involved before the work is to be performed. No payment will be made for heads or
parts damaged by the Service Provider.
Service Provider shall immediately repair any and all damaged property within the areas specified in this
agreement to meet original specifications with commercial quality irrigation parts. All work performed by
Contractor to meet industry standards.
All 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.
Contractor is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need
to shut down the mainline for any reason, the Owner must be contacted within 1 hour of shut down at: (407) 327 -
5976 (main office — during business hours). There will be an after -hours number on the answering
service for emergencies.
•
A. Payment for all work done in compliance with the Contract Documents, inclusive of furnishing all
manpower, equipment, materials, and performance of all operations relative to execution of this
project, will be made under Pay Items established in the Bid Form. Work for which there is not a
Pay Item will be considered incidental to the Contract and no additional compensation will be
allowed.
B. The Owner reserves the right to alter the Drawings, modify incidental work as may be necessary,
and increase or decrease the work to be performed to accord with such changes, including
deductions or additions to the scope of work outlined in the Contract Documents. Changes in the
work shall not be considered as a waiver of any conditions of the Contract nor invalidate any
provisions thereof. Changes resulting in changes in the scope or quantities of Work or time or
other conditions of work will be basis for consideration of a Change Order, which is to be
negotiated and executed before proceeding with the work.. Work, which has not been authorized
by a written Change Order, will not be subsequently considered for additional payment.
City of Winter Springs I BID Number: 2013 - BLUMBERG -SR
C. 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.
2. PAY ITEMS
The unit and Lump Sum prices stated in the Contract to be paid for respective items shall be payment
in full for the completion of all work, specified and described to be included in the respective items,
complete and ready for use and operation, including testing, as shown on the Drawings and as
specified. Payment will be made under each item only for such work as is not specifically included
under other items.
3. 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 in not sufficient in the City's 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. Any other reports deemed
necessary or set forth in this Agreement shall also accompany application for payment.
END OF SECTION
City of Winter Springs I BID Number: 2013- BLUMBERG -SR f
Memo
To: City Clerk's Office
From: Steven T. Richart, Urban Beautification Manager
CC: Kevin Smith, City Manager
Date: 7/22/2013
Re: Blumberg Blvd. Landscape Maintenance
Dear City Clerks:
Please find two (2) originals of the agreement for Blumberg Blvd. Landscape Maintenance that requires
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.
Quotes were requested for the project and the following were received.
1. Annan Landscape $31,200
2. Eastwood Tuff Turf -WITHDRAWN
3. Dawnalee Corp. $19,248
Dawnalee Corporation is the lowest cost, qualified bid. The contract starts October 1st for one year,
with five, one year renew options.
Thank you very kindly,
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1